[HISTORY: Adopted by the City Council of the City of Pleasantville
6-7-1982 by Ord. No. 11-1982 as Ch. 87 of the 1982 Code. Amendments noted
where applicable.]
A.
NEW JERSEY PRIVATE CAMPGROUNDS CODE
PRIVATE CAMPGROUNDS CODE OF THE CITY
As used in this chapter, the following terms shall have
the meanings indicated:
That certain printed code known as the "New Jersey Private Campgrounds
Code (1964 Edition)," recommended by the State Department of Health and the
State Department of Community Affairs.
The Private Campgrounds Code of the city adopted as set forth in
this chapter.
B.
ADMINISTRATIVE AUTHORITY
MUNICIPALITY
Whenever the following words, terms or phrases are used
in the New Jersey Private Campgrounds Code, they shall have the meanings herein
given:
The Health Officer of the city.
The City of Pleasantville.
A.
Pursuant to the provisions of P.L. 1946, c. 21, as amended
by P.L. 1948, c. 276 (N.J.S.A. 40:49-5.1 et seq.), the whole of the New Jersey
Private Campgrounds Code, save and except Section 7.4 thereof, which is deleted,
is hereby adopted and is hereby incorporated in this chapter by reference
and made a part hereof as though it had been set forth herein at length, a
printed copy thereof having been annexed to the ordinance passed April 4,
1966, adopting said New Jersey Code.
B.
Three copies of said New Jersey Private Campgrounds Code,
so marked as to indicate the deletion of Section 7.4 thereof, have been placed
on file in the office of the City Clerk and shall there remain on file for
the use and examination of the public so long as this chapter shall remain
in effect.
C.
Said New Jersey Private Campgrounds Code as adopted in Subsection A hereof, together with the provisions of this chapter, are hereby established as a standard to be used in determining whether campground dwellings, as well as their facilities, located in the city are safe, sanitary and fit for human habitation and rental.
The Health Officer is hereby designated as the officer to exercise the
powers prescribed by this chapter, including the New Jersey Private Campgrounds
Code herein adopted, and to administer and enforce the provisions thereof.
He shall serve in such capacity without any additional salary.
No person shall occupy as owner or occupant, or rent to another for
occupancy, any camp dwelling or any facilities thereof for the purpose of
living therein, which does not conform to the applicable provisions of this
chapter, including the New Jersey Private Campgrounds Code herein adopted.
No private campground shall be constructed, operated or maintained unless a license has first been obtained therefor from the Health Officer and the license fee paid as prescribed by § 115-6 of this chapter.
A.
The applicant for a license to construct, operate and
maintain a private campground in conformity with the provisions of this chapter
shall pay the following yearly fees to the Health Officer:
(1)
For a campground not exceeding in area one acre and not
exceeding an average of 20 campsites, inclusive of service roads, toilet buildings
and other buildings: $50.
(2)
For a campground not exceeding in area two acres and
not exceeding an average of 40 campsites, inclusive of service roads, toilet
buildings and other buildings: $75.
(3)
For a campground not exceeding in area three acres and
not exceeding an average of 60 campsites, inclusive of service roads, toilet
buildings and other buildings: $100.
B.
The term of the license shall be one year, expiring May
31.
The sewer lines of all campgrounds, as required by the Health Officer
of the city and as approved by him, shall be connected to and with the sanitary
sewer system of the city.[1]
Every campground, as defined by Section 2.1 of the New Jersey Private
Campgrounds Code, shall be entirely enclosed with a suitable fence, approved
by the Health Officer and the Mayor and Council.[1]
A.
The Health Officer is hereby authorized and directed
to make inspections to determine the condition of camp dwellings, as well
as their facilities located within the city, in order to safeguard the health
and safety of the occupants of such camp dwellings and facilities and of the
general public.
B.
For the purpose of making such inspections, the Health
Officer is hereby authorized to enter, examine and survey at all reasonable
times all camp dwellings and the facilities thereof. The owner or occupant
of every camp dwelling and the facilities thereof, or the person in charge
thereof, shall give said Officer free access to such camp dwelling, as well
as its facilities, at all reasonable times for the purpose of such inspection,
examination and survey. Every occupant of a camp dwelling shall give the owner
thereof, or his agent or employee, access to any part of such camp dwelling
and the facilities thereof at all reasonable times for the purpose of making
such repairs or alterations as are necessary to effect compliance with the
provisions of this chapter or with any lawful rule or regulation adopted or
any lawful order issued pursuant to the provisions of this chapter.
The Health Officer is hereby authorized and empowered to make and adopt
such written rules and regulations as he may deem necessary for the proper
enforcement of the provisions of this chapter; provided, however, that such
rules and regulations shall not be in conflict with the provisions of this
chapter nor in anywise alter, amend or supersede any of the provisions thereof.
The Health Officer shall file in his office and in the office of the City
Clerk a certified copy of all rules and regulations which he may adopt.
A.
Whenever the Health Officer finds that an emergency exists
which requires immediate action to protect the public health or safety, he
may, without notice or hearing, issue an order reciting the existence of such
an emergency and requiring that such action be taken as he deems necessary
to meet the emergency. Notwithstanding the other provisions of this chapter,
such order shall be effective immediately.
B.
Any person to whom such order is directed shall comply
therewith immediately, but, upon petition to the Health Officer, he shall
be afforded a hearing as soon as possible.
C.
After such hearing, depending upon the findings of the
Health Officer as to whether the provisions of this chapter and of the rules
and regulations adopted pursuant thereto have been complied with, he shall
continue such order in effect or modify it or revoke it.
If the Health Officer shall determine, after due inspection, that there
are reasonable grounds to believe that there has been a violation of any provision
of this chapter or of any rule or regulation adopted pursuant thereto, he
shall give notice of such violation to the person or persons responsible therefor.
The notice required by § 115-13 of this chapter may be served upon the owner or his agent or the occupant, as the case may require, by any of the following methods:
Any notice served pursuant to this chapter shall automatically become an order if a written petition for a hearing is not filed in the office of the City Clerk as provided in § 115-16.
A.
Any person affected by any notice which has been issued
in connection with the enforcement of any provision of this chapter or of
any rule or regulation adopted pursuant thereto may request and shall be granted
a hearing on the matter before the Health Officer, provided that such person
shall file in the office of the City Clerk a written petition requesting such
hearing and setting forth a brief statement of the grounds therefor within
10 days after the day the notice was served.
B.
Upon receipt of such petition, the Health Officer shall
set a time and place for such hearing and shall give the petitioner written
notice thereof.
C.
The hearing shall be commenced not later than 10 days
after the day on which the petition was filed, provided that, upon application
of the petitioner, the Health Officer may postpone the date of the hearing
for a reasonable time beyond such ten-day period if, in his judgment, the
petitioner has submitted a good and sufficient reason for such postponement.
A.
At such hearing the petitioner shall be given an opportunity
to be heard and to show why such notice should be modified or withdrawn.
B.
After the hearing the Health Officer shall sustain, modify
or withdraw the notice, depending upon his findings as to whether the provisions
of this chapter and the rules and regulations adopted pursuant thereto have
been complied with. If he sustains or modifies the notice, his decision shall
be deemed to be an order.
C.
The proceedings at such hearing, including the findings
and decision of the Health Officer, shall be summarized, reduced to writing
and entered as a matter of public record in the office of the City Clerk.
Such record shall also include a copy of every notice or order issued in connection
with the matter.
The procedure set forth in Sections 17.1 and 17.2 of the New Jersey
Private Campgrounds Code herein adopted shall be applicable in the case of
a denial or suspension of a permit to construct, operate and maintain a private
campground.
Any person aggrieved by any decision of the Health Officer may seek
relief therefrom in any court of competent jurisdiction, as provided by the
laws of the state.
Any person violating or failing to comply with any of the provisions
of this chapter shall, upon conviction thereof, be subject to a fine of not
less than $100 nor more than $1,000, imprisonment for a term not exceeding
90 days and/or a period of community service not exceeding 90 days. Each day
such violation is committed or permitted to continue shall constitute a separate
offense and shall be punishable as such.