[HISTORY: Adopted by the City Council of
the City of Vineland as indicated in article histories. Amendments
noted where applicable.]
[Adopted 10-22-1991 by Ord. No. 91-76 (Ch. 421, Art. I, of the 1990 Code)]
Chapter IX of the New Jersey State Sanitary
Code, N.J.A.C. 8:26-1 et seq., entitled "Public Recreational Bathing,"
as currently promulgated and hereafter amended, be and the same is
hereby incorporated herein by reference. The Director of the Department
of Health (Health Authority), hereinafter referred to as the "Director,"
and his designees are hereby authorized to exercise the powers and
duties prescribed by this article.
A recreational bathing place shall not be located
and constructed or altered by any person until the Director has given
formal approval therefor by issuance of a license.[1] The procedure for obtaining approval to locate and construct
or to alter recreational bathing places shall be as set forth under
N.J.A.C. 8:26-1 et seq.
[1]
Editor's Note: In this section and throughout
this article, the phrase "license or permit" was amended 10-27-2009
by Ord. No. 2009-68 to delete the reference to "or permit" so that
all references are to "license" only.
A recreational bathing place shall not be operated
by any person until the Director has given formal approval therefor
by the issuance of an appropriate license certifying that the facility
meets the applicable provisions of this article. This license shall
be displayed in a conspicuous place on the premises where it may be
readily observed by all patrons. No person shall operate a recreational
bathing place whose license therefor is suspended.
Licenses to operate a recreational bathing place
shall not be issued until a properly executed application containing
information as requested on a form supplied by the Director has been
submitted and approved by him.
[Amended 9-12-2006 by Ord. No. 2006-75; 5-8-2012 by Ord. No. 2012-22]
A.
License and application fees are as follows:
Type of Fee
|
Amount of Fee
| |||
---|---|---|---|---|
Phase 1
|
Phase 2
|
Phase 3
| ||
Annual license fee for each unit
|
$275
|
$450
|
$625
| |
Plan review application fee
|
$400
|
$600
|
$750
| |
Each additional unit fee: review application
|
$120
|
$180
|
$225
| |
Alteration/minor remodeling
|
$50
|
$75
|
$100
|
B.
Cash or certified check shall accompany the annual license fee application.
The review fee shall accompany the request for review of all applications
for recreational bathing place construction or renovation.
C.
The Director of the Department of Health and the Chief Financial
Officer shall review biannually the cost accounting records for services
provided herein and to adjust the fees therefor.
D.
Phase 1 shall be effective upon enactment. Phase 2 shall take effect
one year after enactment and Phase 3 one year thereafter.
Persons denied a license shall be notified,
in writing, accordingly by the Director. Such notice shall specify
the reason for such action and the remedial action necessary to obtain
approval for the issuance of a license.
A.
The license of any person to operate a recreational
bathing place may be suspended at any time when, in the opinion of
the Director or his authorized agent, such action is necessary to
abate a present or threatened menace to public health.
B.
The person whose license has been suspended or his
representative in charge of the recreational bathing place shall,
at the time such license is suspended, be informed that the license
to operate the recreational bathing place is suspended, the reason
for such action and the remedial action to be taken before the suspension
may be lifted. Thereafter and within 24 hours, written notice of suspension
containing the same information given at the time a license is suspended
shall be forwarded by registered mail to the last known address of
the person whose license is suspended.
A.
Persons whose licenses have been suspended shall be
afforded a hearing before the Director within three days after such
suspension or thereafter, at such person's option, to show cause why
the suspension should be lifted. The Director shall, within seven
days after such hearing, render a written decision confirming or rescinding
the suspension and shall notify the person whose license has been
suspended, in writing, of his action and the reasons therefor.
B.
Persons whose licenses have been denied shall be afforded
a hearing before the Director within seven days after such denial
or thereafter, at such person's option, to show cause why a license
should be granted. The Director shall, within seven days after such
hearing, render a written decision confirming or rescinding the denial
of a license and shall notify the person whose license has been denied,
in writing, of his action and reasons therefor.
Nothing in this article shall be construed to
abrogate or impair the power of the municipality or any officer or
department to enforce any provisions of its ordinances or regulations
nor to prevent or punish violations thereof, and the powers conferred
by this article shall be in addition and supplemental to the powers
conferred upon the City by any other law or ordinance.