The general power of a Commission Government to adopt ordinances for the protection of life, health, property and general welfare is contained in R.S. 40:72-3. The general "home rule" ordinance power for all municipalities is contained in R.S. 40:48-2. In addition, specific power to regulate loitering and noise is contained in R.S. 40:48-1. The power to compel the removal of weeds and provide for the recovery of costs is contained in R.S. 40:65-12. The power to compel an owner to perform work on his property is contained in R.S. 40:48-3. The maximum penalty which may be imposed for violation of an ordinance is contained in R.S. 40:49-5.
No person shall utter loud, offensive, indecent or profane language nor address nor make audible and offensive remarks or comments on or to any person passing along or being on or in any of such streets, sidewalks, the boardwalk, public pavilions, public parks, beaches or other public places or on or in any property, public or private, nor obstruct or interfere with any person or persons lawfully being on or in any streets, sidewalks, the boardwalk, public pavilions, public parks, beaches or other public places nor while on or in any highways, sidewalks, the boardwalk, public parks, beaches or other public places, by begging or soliciting alms or by soliciting him or them to hire vehicles, engage boarding or hotel accommodations or purchase tickets of admission to visit or view amusements, shows or exhibitions.
No person shall revel, quarrel, brawl or otherwise misbehave in a disorderly manner to the disturbance or annoyance of the peaceable inhabitants of the city nor be guilty of any other disorderly conduct in or on the streets, sidewalks, boardwalk, public pavilions, public parks, beaches or other public places.
No person shall keep, manage, maintain, reside in, frequent, resort to or be an inmate of a gambling house, disorderly house or houses of ill fame or permit his or her house, hotel, shop or other building, or place to be used, frequented or occupied by or resorted to by riotous or disorderly persons, gamblers, thieves, vagrants, common mendicants, persons of ill fame or prostitutes.
No person shall make or assist in making or take active part in any riot, brawl or unreasonable disturbance of the peace at any house, hotel, shop, store or other building or place, either public or private.
No person shall, within the boundaries of the City of Wildwood, carelessly or recklessly drop, throw, cast or strike with any stick, stone, brick, ball or snowball or other missile or projectile of any kind whatsoever, in any manner doing injury to or likely or calculated or intended to do injury to another's person or property.
No person shall, while on the public lands, parks or beaches adjacent to the boardwalk or on the public highways in said city, pitch, throw, toss or project any ball, projectile or missile whatsoever, provided that this section shall not be construed to prohibit the playing of games on such portions of said public lands, parks or beaches as shall from time to time be designated by the chief of police, the chairman of the parks and playgrounds committee of the board of commissioners or the captain of the beach patrol as play areas.
No person shall take plants or flowers or other things from or mutilate in any manner any property, real or personal, public or private, or write, paste, post or place in any manner any obscene or vulgar words, phrases, language, pictures, drawings, prints, lithographs or characters on any wall, house, fence, signboard, billboard or other structure.
No person shall make any indecent or lewd exposure of themselves or peep or look upward through apertures or openings in the boardwalk or other elevated walks in said city while persons are walking or standing thereon.
No person shall refuse to obey the orders, directions, whistles, or other signals used by duly constituted police officers and lifeguards.
No person shall urinate or defecate except in public, private or quasi-public restroom facilities. Nor shall any person fail to cooperate in maintaining public or quasi-public restrooms and washrooms in a neat and sanitary condition. No person over the age of six (6) years shall enter into or utilize public or quasi-public restrooms and washrooms designated for use by members of the opposite sex.
As used in this section:
LOITERING — Shall mean remaining idle in essentially one location and shall include the concepts of spending time idle, loafing or walking about aimlessly, and shall also include the colloquial expression "hanging around."
PUBLIC PLACE — Shall mean any place to which the public has access and shall include any street, highway, road, alley, or sidewalk. It shall also include the front or the neighborhood of any store, shop, restaurant, tavern or other place of business and public grounds, areas, parks, as well as parking lots or other vacant private property not owned by or under the control of the person charged with violating this section, or in the case of a minor, not owned or under the control of his parent or guardian.
PARENT or GUARDIAN — Shall mean and include any adult person having care or custody of a minor, whether by reason of blood relationship, the order of any court, or otherwise.
No person shall loiter in a public place in such manner as to:
Create or cause to be created a danger of a breach of the peace.
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
Obstruct the free passage of pedestrians or vehicles.
Obstruct, molest, or interfere with any person lawfully in any public place as defined in subsection 3-1.1 (b). This paragraph shall include the making of unsolicited remarks of an offensive, disgusting or insulting nature or which are calculated to annoy or disturb the person to, or in whose hearing, they are made.
Whenever any police officer shall, in the exercise of reasonable judgment, decide that the presence of any person in any public place is causing or is likely to cause any of the conditions enumerated in subsection 3-1.2, or cause a violation of any other municipal ordinance, he may, if he deems it necessary for the preservation of the public peace and safety, order that person to leave that place. Any person who shall refuse to leave after being ordered to do so by a police officer shall be guilty of a violation of this section.
No parent or guardian of a minor under the age of 18 years shall knowingly permit that minor to loiter in violation of this section.
Whenever any minor under the age of 18 years is charged with a violation of this section, his parent or guardian shall be notified of this fact by the chief of police or any other person designated to give such notice.
If at any time within 30 days following the giving of notice as provided in subsection 3-1A.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
JUVENILE — Shall mean an individual who is under the age of 18 years.
GUARDIAN — Shall mean a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile.
PUBLIC PLACE — Shall mean any place to which the public has access, including but not limited to a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, recreation or shopping area, public transportation facility, vehicle used for public transportation, parking lot or any other public building, structure or area.
No juvenile shall be on any public street or in a public place during the following hours:
Between the hours of 1:00 a.m. and 6:00 a.m. on any day during the period from May 16 through September 14 in each year;
Between the hours of 11:00 p.m. and 6:00 a.m. of the following day from Sunday at 11:00 p.m. until Friday at 6:00 a.m. during the period from September 15 through May 15 of each year;
Between the hours of 12:30 a.m. and 6:00 a.m. on Saturdays and Sundays during the period from September 15 through May 15 of each year; and
Notwithstanding the provisions of paragraphs b and c hereinabove, no juvenile shall be in the areas designated C-3 on the city zoning map between the hours of 10:00 p.m. and 6:00 a.m. of the following day on any day during the period from September 15 through May 15 of each year.
The provisions of this section shall not apply to:
Any juvenile accompanied by his parent or guardian;
Any juvenile who is engaged in, or traveling to or from, a business or occupation which the laws of the State of New Jersey authorize a juvenile to perform; and
Any juvenile engaged in an errand involving a medical emergency, or attending extracurricular school activities, activities sponsored by religious or community based organizations and other cultural and educational events.
With respect to the exceptions granted in paragraphs b and c above, said exceptions shall be applicable only to juveniles traveling to or from the place of employment, medical emergency, extracurricular school activity, religious or community based organization or cultural or educational event in a reasonably direct route.
It shall be unlawful for any parent or guardian of any juvenile to permit that juvenile to violate the provisions of this section;
It shall be unlawful for the owner or operator of any place of amusement or entertainment or other place of business to which the public is invited, to permit any juvenile to enter or remain upon his premises in violation of this section.
Any person violating any provision of this section shall be required to perform community service and may be subject to a fine of up to one thousand ($1,000.00) dollars. If both a juvenile and a juvenile's parent or guardian violate this section, they shall be required to perform community service together.
It shall be unlawful for any person under the legal age who, without legal authority, knowingly possesses or knowingly consumes an alcoholic beverage on private property.
Any person violating the provisions of this section shall, in accordance with the provisions of N.J.S.A. 40:48-1 as amended, be punished by a fine of two hundred fifty ($250.00) dollars for a first offense and three hundred fifty ($350.00) dollars for any subsequent offense.
In addition to the fine authorized for this offense, the court may suspend or postpone for six months the driving privileges of the defendant. Upon conviction of any person and the suspension or postponement of that person's driver's license, the court shall forward a report to the division of motor vehicles stating the first and last day of the suspension or postponement period imposed by the court pursuant to N.J.S.A. 40:48-1 as amended. If a person at the time of the imposition of sentence is less than 17 years of age, the period of license postponement, including a suspension or postponement of the privilege of operating a motorized bicycle, shall commence on the day the sentence is imposed and shall run for a period of six months after the person reaches the age of 17 years.
If a person at the time of the imposition of a sentence has a valid driver's license issued by this state, the court shall immediately collect the license and forward it to the division of motor vehicles along with the report. If for any reason the license cannot be collected, the court shall include in the report the complete name, address, date of birth, eye color, and sex of the person, as well as the first and last date of the license suspension period imposed by the court.
The court shall inform the person orally and in writing that, if the person is convicted of operating a motor vehicle during the period of license suspension or postponement, the person shall be subject to the penalties in R.S. 39:3-40. A person shall be required to acknowledge receipt of the written notice in writing. Failure to receive a written notice or failure to acknowledge in writing the receipt of a written notice shall not be a defense to a subsequent charge of a violation of R.S. 39:3-40.
If a person convicted under this section is not a New Jersey resident, the court shall suspend or postpone, as appropriate, the nonresident's driving privilege based on the age of the person and submit it to the division of motor vehicles on the required report. The court shall not collect the license of a nonresident convicted under this section. Upon receipt of a report by the court, the division of motor vehicles shall notify the appropriate officials in the licensing jurisdiction of the suspension or postponement.
Nothing contained in this section is intended, nor shall be construed, as prohibiting an underage person from consuming or possessing an alcoholic beverage in connection with a religious observance, ceremony or rite, or consuming or possessing an alcoholic beverage in the presence of and the permission of a parent, guardian or relative who has attained the legal age to purchase and consume alcoholic beverages.
As used in this subsection, the following terms shall have the meaning set forth:
- Shall mean a person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
- Shall mean the underage person's grandparent, aunt or uncle, or any other person related by blood or affinity.
Nothing contained in this section is intended nor shall be construed as prohibiting possession of alcoholic beverages by any such person while actually engaged in the performance of employment by a person who is licensed under Title 33 of the Revised Statutes, or while actively engaged in the preparation of food while enrolled in the culinary arts for hotel management program at a county vocational school or post-secondary educational institution; provided, however, that this section shall not be construed to preclude the imposition of a penalty under this section, R.S. 33:1-81, or any other section of law against a person who is convicted of unlawful alcoholic beverage activity on or at premises licensed for the sale of alcoholic beverages.
Each of the following matters, things, conditions or acts is hereby declared to be a nuisance and injurious to the safety, health and general well-being of the inhabitants of the city:
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of the city.
Any matter, thing, condition or act which is or may become an annoyance to or interfere with the comfort, safety or general well-being of the inhabitants of the city.
No person shall commit or maintain or permit the commission or maintenance upon any premises owned by him, or under his control, of any matter, thing, condition or act declared to be a nuisance by this section.
Each property owner in the City of Wildwood shall be deemed to be in violation of the provisions of this subsection for each false alarm originating from any property in the city in excess of three false alarms in one calendar year, which false alarms are caused by any manner whatsoever including, but not limited to, improper maintenance or operation of said alarm system by any party or a malfunction of said fire system.
In addition to any other penalty provided herein, in the event said alarm system is connected to the municipal alarm system, said alarm service may be disconnected without further notice. In such event such alarm system shall be reconnected only upon the receipt by the city of all assessments and costs due.
No person shall place on any street or sidewalk in the city any article which would tend to obstruct the free passage of pedestrians and vehicles along the streets or sidewalks, or on boardwalks or approaches. The following are examples of items which tend to obstruct the free passage of pedestrians and vehicles, but this enumeration is intended to be typical only and shall not be construed to be exclusive: Merchandise, signs, showcases, crates and barrels, and other materials or equipment used in connection with the operation of a trade or business.
This section shall not apply to the following:
Obstructions caused by the loading or unloading of merchandise or equipment to and from vehicles, provided this is done in a manner which reduces the obstruction to the absolute minimum which is necessary or unavoidable.
Receptacles for garbage, ashes or refuse lawfully placed on a sidewalk for collection.
Materials placed on a street or sidewalk in accordance with permission granted by any other provision of this revision.
The owner, tenant or other person having control of any premises abutting upon any public sidewalk in the City of Wildwood shall remove all snow and ice from the portion of the sidewalk abutting his premises. Where the premises are occupied by more than one tenant, it shall be the duty of the tenant occupying the first floor to remove the snow and ice. The owners of premises used for business, commercial or industrial purposes shall, in addition, remove all snow and ice from parking lots, walkways and other areas used by their customers or employees. Ice which is so frozen as to make removal impractical shall either be treated with rock salt or other chemicals which will thaw it sufficiently to permit removal, or be thoroughly covered with sand, ashes or cinders. Removal or covering shall be accomplished within 12 hours of daylight after the snow or ice shall fall or be formed.
No owner, tenant or occupant of any premises abutting on any street shall throw, place or deposit any snow or ice upon the street. The intent of this subsection is to prohibit all persons from throwing, placing or depositing snow or ice accumulating on the private property of that person upon the streets or sidewalks of the city.
As used in this section, the following words shall have the following meanings:
AUTHORIZED PRIVATE RECEPTACLE — A litter storage and collection receptacle made of metal, equipped with suitable handles and a tight-fitting cover, having a capacity of not more than 50 gallons, and gross weight not in excess of 70 pounds when filled to capacity.
COMMERCIAL HANDBILL — Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced copy of any matter of literature which advertises anything for sale, directs attention to any establishment, meeting, exhibition or event of any kind for which an admission fee is charged for the purpose of private gain or profit.
GARBAGE — Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.
LITTER — Any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE — A container suitable for the depositing of litter.
NEWSPAPER — Any newspaper of general circulation as defined by law, any paper duly entered with the Post Office Department of the United States in accordance with Federal Statute or regulation, including any periodical or current magazine published and sold to the public.
NONCOMMERCIAL HANDBILL — Any printed or written matter, any sample or device, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or other printed matter not included in the definition of "commercial handbill" or "newspaper."
PARK — A park, playground, beach, recreation center or any public area in the city owned or used by the city and devoted to recreation.
PERSON — Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
PRIVATE PREMISES — Any dwelling, house, building or other structure designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously vacant, and shall include commercial store premises and any yard, grounds, walk, driveway, porch, steps, vestibule, entry or mailbox belonging or appurtenant to a dwelling, house, building, store or structure.
PUBLIC PLACE — The beach and the boardwalk and the approaches thereto, and all streets, sidewalks, boulevards, alleys or other public ways, beaches, public parks, square spaces, grounds and buildings.
REFUSE — All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and industrial wastes.
RUBBISH — Nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE — Every device in, upon or by which any person or property is or may be transported, propelled or drawn upon a high-way, beach or boardwalk.
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in a manner that will prevent it from being carried or deposited by the elements in any public place or upon any private property.
No person shall sweep into or deposit in any public place the accumulation of litter from any building or lot or from any public place or private sidewalk, premises or driveway. Persons owning or occupying property shall keep the sidewalk or boardwalk in front of their premises free of litter.
Persons owning or occupying places of business within the city shall keep the sidewalk or boardwalk in front of their business premises free of litter. Persons owning or occupying places of business along or adjacent to the boardwalk shall deposit litter in authorized private receptacles and place such receptacles at street ends for collection between the hours of midnight and 11:00 a.m.
Every person owning or occupying a place of business engaged in the sale, distribution or service of any food or food products for immediate consumption shall maintain authorized private receptacles for collection in a manner that will prevent litter from being carried or deposited by the elements in any public place or upon private property.
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
No person shall drive or move any truck or other vehicle within the city unless the vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon the beaches, boardwalk, any street, alley or other public place. No person shall drive or move any vehicle or truck within the city, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind.
No person shall throw or deposit litter on the beaches, boardwalks or in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park, beaches, board walk or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried from the park by the person responsible for its presence and properly disposed of elsewhere.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any public place within the city, nor shall any person sell any commercial handbill in any public place. A person may distribute, without charge to the receiver, any commercial handbill to any person willing to accept it by handing it to the person personally.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any vehicle. This shall not be construed to prevent any person from distributing without charge to the receiver, a handbill to any occupant of a vehicle who is willing to accept it personally.
No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously vacant.
No person shall post or affix any notice, poster or other paper or device, calculated to attract the attention of the public, to any lamp post, public utility pole or shade tree, or upon any public structure or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property within the city, whether owned by that person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection of litter in a manner that litter will be prevented from being carried or deposited by the elements upon any public place or upon any private property.
The owner or person in control of any private property shall at all times maintain the premises free of litter. This subsection shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the city, whether owned by such person or not.
The building inspector is authorized and empowered to notify the owner of any private property, occupied or vacant, within the city, or the agent of the owner, to properly dispose of litter on his property. The notice shall be by registered mail addressed to the owner or agent at his last known address and shall state the acts to be performed, as well as the penalty for failure to comply with the notice.
If the owner or agent to whom notice is sent neglects or refuses to comply with the notice within ten days after receipt of it, the building inspector shall arrange to perform the acts required by the notice at the cost of the city. He shall certify the cost to the board of commissioners, who shall examine the certificate and, if found correct, shall cause the cost shown on the certificate to be charged against the land from which the litter was removed. The cost shall be added to the taxes next assessed and levied upon the property in question. The cost shall bear interest at the same rate as taxes and be collected by the same offices and in the same manner as taxes.
The provisions of this section shall be enforced by the Police Department of the City of Wildwood and other authorized enforcement officials of the City of Wildwood.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars for each offense.
It shall be the duty of any owner or tenant or other person in possession of any land in the City of Wildwood to keep his land free of brush, weeds, dead and dying trees, tree limbs and branches which interfere with clear passage of utility lines, stumps, roots, obnoxious growths, filth, garbage, trash and other debris which may constitute a fire hazard or which is otherwise detrimental to the public health or safety.
It shall be the duty of any owner, tenant or other person in possession of any land in the city bordering upon any public street to remove all grass, weeds, brush and other debris from that part of the street bordering upon his property.
Whenever the director of parks, public property and public works shall determine, as a result of investigation by any municipal official of a complaint of any city resident, that the owner, tenant or person in possession of any land in the city has failed to comply with subsections 3-7.1 and 3-7.2, he shall direct the city clerk to notify in writing the owner, tenant or person in possession of the land in question to remove the brush, weeds, dead or dying trees, stumps, roots, obnoxious growths, filth, garbage, trash or other debris within ten days after receipt of notice. Notice may be served either personally or by mailing a copy of it by registered mail, return receipt requested, to the person affected by it at his last known address. He shall also direct some appropriate municipal official to reinspect the property in question after the ten day period has expired and to report to him in writing whether the condition complained of has been abated or removed.
In the event that the owner, tenant or person in possession of the land in question refuses to abate or remedy the condition complained of under this section 3-7 or under section 14-8 of the Revised General Ordinances alternately, within ten days after receipt of notice, the director of parks, public property and public works may cause the condition complained of, to be abated, or to be removed by employees of the city as needed for the remainder of the year. The director shall keep a record of all costs and expenses incurred in connection with the removal or abatement of the condition and shall certify it to the board of commissioners, who shall examine the certificate and, if found correct, cause the costs of removal or abatement to be charged against the property in question with a copy sent to the owner each time work is performed at the property for the remainder of the year. The initial notice to the owner, tenant or person in possession shall state all the actions the City of Wildwood may thereafter take as needed for the remainder of the year and that the costs shall be assessed the owner of the property. The amounts so charged shall become a lien against the land in question and shall be added to and become a part of the taxes next assessed upon that land and shall be collected and enforced in the same manner as taxes. The remedy provided by this subsection shall be in addition to any penalty which may be imposed for a violation of this section.
Notwithstanding the above, in the event that any debris or garbage is determined to be a health hazard by an authorized official of the City of Wildwood or other competent authority then the director may remove the debris or garbage after one day notice to the said owner, tenant or person in possession and costs shall then be assessed each time work is performed which shall become a lien and part of the taxes next assessed as provided above.
For violation of any provision of this section or other ordinance of the City of Wildwood, unless a specific penalty is otherwise provided in connection with the provision violated and pursuant to N.J.S.A. 40:49-5 or the corresponding section of any future law, the maximum penalty upon conviction of the violation shall be by one or more of the following: imprisonment in the county jail or in any place provided by the municipality for the detention of prisoners, for any term not exceeding 90 days; or by a fine not exceeding two thousand ($2,000.00) dollars; or by a period of community service not exceeding 90 days at the discretion of the judge of the municipal court.
For the violation of an ordinance pertaining to unlawful solid waste disposal, unless otherwise provided by annual resolution, the minimum penalty which shall be imposed shall be a fine which shall not exceed two thousand five hundred ($2,500.00) dollars and the maximum penalty shall not exceed ten thousand ($10,000.00) dollars.
Property owners shall ensure limbs and branches of trees and shrubs on his or her property and within the public way adjacent to his or her property do not interfere with the free passage of utility lines, and shall trim same accordingly, to the limited extent necessary, ensuring the health and aesthetics of the tree. No person shall do or cause to be done any of the following acts affecting the trees, shrubbery of ornamental material planted or growing naturally within the highways or public places under the jurisdiction of the city, except with a written permit first obtained from the commissioner of public works:
Cut or trim limbs and branches of trees within or adjacent to the public's right-of-way more than the limited extent necessary to ensure clear passage of utility lines.
Cut, trim, break, disturb the roots of, or spray with harmful chemicals any living tree or shrub; or injure, misuse or remove any structure or device placed to support or protect any tree or shrub.
Plant or remove any living tree or shrub, or climb with spikes any living tree or shrub.
Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub, or to any guard about such tree or shrub.
Close or obstruct any open space provided about the base of a tree or shrub to permit the access of air, water or fertilizer to the roots of such tree or shrub.
Pile any building material, or make any mortar or cement, within six feet of a tree or shrub.
Change the grade of the soil within the limits of the lateral spread of the branches of any such tree.
As used in this section:
ABANDONED MOTOR VEHICLE — Shall mean any motor vehicle, whether a derelict motor vehicle or not, which is parked illegally so as to obstruct the free flow of traffic, or is otherwise parked illegally for an unreasonably long period of time, or is parked in an otherwise lawful manner but for an unreasonably long period of time. For the purpose of this definition, a vehicle otherwise lawfully parked shall be deemed to be so parked for an unreasonably long period of time when it has remained in the same location on public property for five days or on private property for 15 days.
DERELICT MOTOR VEHICLE — Shall mean any motor vehicle which is incapable of being moved under its own power from place to place.
ILLEGALLY PARKED VEHICLES — Shall mean any motor vehicle, vehicle, trailer, camper, motorcycle, moped or other vehicle which is illegally parked and for which a summons has been issued.
STORE — Shall mean the keeping of any motor vehicle upon any premises for a period of more than 15 days.
No person shall store, or permit to be stored, on any land owned by him or under his control any derelict motor vehicle.
Any motor vehicle found abandoned within the City of Wildwood may be taken in possession by any police officer of the city, and thereafter disposed of in the manner provided by R.S. 39:10A-1, et seq. The owner of record of any abandoned vehicle impounded by the City of Wildwood Police Department shall be assessed a fine of not less than two hundred fifty ($250.00) dollars.
Any illegally parked motor vehicle, abandoned vehicle and/or derelict vehicle may be towed at the direction of any City of Wildwood police officer and impounded on the police parking lot, the lot of the firm that has contracted with the City of Wildwood to tow motor vehicles or such other lot as designated by the director of public affairs and public safety. A tow charge will be assessed to the owner of each towed vehicle as per towing section 18-9. There shall be no responsibility and/or liability on the part of the City of Wildwood to pay any tow truck operator that is called to remove an illegally parked motor vehicle, abandoned vehicle, derelict vehicle and/or accident damage vehicle in any of the cases set forth herein.
This section shall not apply to:
- DERELICT BOAT OR DOCK
- As used in this section, shall mean any dock, pier, landing float, pontoon, boat, scow, barge or other vessel of any kind which is constructed, maintained, placed, moored, stored or abandoned upon any lands within the city or upon any waters under city jurisdiction, and which is or may become dangerous or detrimental to health, life or safety, or is otherwise detrimental to the welfare of the residents of the city.
The existence of any derelict boat or dock upon any land within the city or upon any waters under the jurisdiction of the city is hereby declared a nuisance.
It shall be the duty of the chief of police, the health officer and the building inspector to receive and investigate reports of the existence of any derelict boat or dock, and to report the results of their investigations to the board of commissioners.
If, based upon the reports of the chief of police, the health officer and the building inspector, and any other evidence available to them, the board of commissioners is satisfied that the matter or thing complained of constitutes a derelict boat or dock, or the owner of the land upon which it is located, to remove the same within 30 days from the receipt of the notice. The notice shall be in writing, shall describe the boat or dock to be removed, and shall inform the owner of the boat or dock that if he fails to remove it or cause it to be removed within the time specified in the notice, the city shall remove it or cause it to be removed at the owner's expense.
Notice shall be served either personally or by certified mail, return receipt requested, sent to the owner of the boat or dock in question at his last known address. If the name or whereabouts of the owner of the boat or dock is unknown and cannot be ascertained, the notice may be served by publishing a copy of it once each week for two successive weeks in a newspaper circulating in the city, and by posting a copy of the notice in a conspicuous place on the boat or dock in question.
If the owner of the derelict boat or dock fails to remove it within a period of 30 days from the receipt of notice to do so, the appropriate department of the city shall remove the derelict boat or dock or cause it to be removed. A record of the cost of removing the derelict boat or dock shall be kept and shall be certified to the board of commissioners, who shall examine the certificate and, if found correct, shall cause the cost shown on the certificate to be charged against the land upon which the boat or dock is located. The cost shall be added to the taxes next assessed and levied upon the land and shall bear interest at the same rate as taxes and be collected and enforced by the same officers and in the same manner as taxes. Where the derelict boat or dock removed was not located upon private property, or if for any other reason it is impractical to recover the cost of removal in the foregoing matter, then the cost of removal may be recovered by an action against the owner of the derelict boat or dock removed in any court of competent jurisdiction.
- TRAILER or CAMP CAR
- As used in this section, shall mean any vehicle used or intended to be used as a conveyance upon the public streets or highways and licensed as such, whether self-propelled or not, which is so designed, constructed, reconstructed or added to so that it is capable of being occupied as a dwelling or sleeping place for one or more persons.
No person shall park any trailer or camp car on any street in the City of Wildwood without obtaining a temporary permit. Trailers or camp cars undergoing repair or being stored shall be kept within a building and shall not be used by any person as a dwelling or sleeping place. Temporary parking permits may be obtained under the following conditions:
Must be a property owner in the City of Wildwood;
Permit shall be valid for no more than three weekdays (Monday through Friday) to include departure and return date;
Camp car or trailer must be parked in front of owner's property;
Permit fee of ten ($10.00) dollars;
Only three permits per year.
The leasing of motor scooters, motor bikes and motorcycles has greatly increased the hazards on the streets and highways of the City of Wildwood and has precipitated so much noise so as to constitute a nuisance and detract from the peaceful enjoyment of the residents and visitors of the city.
The lease or rent of a legally registered motorcycle within the City of Wildwood, shall be permitted only if conducted by a state licensed motorcycle dealership and only for the purposes of promoting a motorcycle sales operation. Such dealership must be fully registered with the Motor Vehicle Commission. All renters must provide a valid driver's license recognized by the State of New Jersey. All vehicles so leased shall be required to have modern noise suppression equipment inspected and approved by the Motor Vehicle Commission in order to mitigate the level of noise produced by same.
Any person violating any of the provisions of this chapter, or of any other chapter of the Revised General Ordinances of the City of Wildwood for which a specific penalty is not provided in connection with a violation of the provisions thereof, shall, upon conviction be subject to one or more of the following in the discretion of the municipal court judge: a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars, or to imprisonment not exceeding 90 days, or to a period of community service not to exceed 90 days.
Except as otherwise provided, every day upon which a violation of any provision of this chapter, any other provision of this revision, or any other ordinance of the City of Wildwood exists shall constitute a separate violation.
The maximum penalty stated in subsection 3.12.1 is not intended to state an appropriate penalty for each and every violation. Any lesser penalty, including a nominal penalty or no penalty at all, may be appropriate in a particular case or for a particular violation.
- CONSUMER COMMODITY
- Any merchandise, ware, article, product, comestible, or commodity of any kind or class produced, distributed or offered for retail sale, for consumption by individuals other than at the retail establishment or for use by individuals for purposes of personal care or in the performance of services within the household and which is consumed or expended in the course of such use, and/or public and private parking facilities for which a fee is charged.
- The director of the division of consumer affairs and the department of law and public safety.
- PRICE PER MEASURE
- The retail price of a consumer commodity expressed per such unit of weight, standard measure or standard count as the director shall designate by regulation.
- Any natural person, partnership, corporation, or other organization engaged in the sale, display or offering for sale of consumer commodities at retail from one or more retail establishments.
No person shall expose or offer for sale at retail any consumer commodities, except as specifically exempted by the director, unless such consumer commodities shall be plainly marked by stamp, tag, label or sign at the point of display with the price per measure of such consumer commodity.
AIRCRAFT — Shall mean any aeroplane, airplane, gas bag, flying machine, helicopter, balloon or any other contrivance now known or hereafter invented, used or designed for navigation of or flight in the air, except a parachute or other contrivance used primarily as safety equipment.
ACROBATIC FLYING — Shall mean any intentional airplane maneuver or stunt not necessary to air navigation, or operation of aircraft in such manner as to endanger human life or safety by the performance of unusual or dangerous maneuvers.
The provisions of this section shall not apply to public aircraft of the federal government, or of a state or territory, or of apolitical subdivision of a state or territory, or to aircraft licensed by a foreign country with which the United States has a reciprocal agreement covering operation of such aircraft.
Except while taking off or landing at an established landing field or airport, no person, firm or corporation shall fly or permit any aircraft to be flown within the corporate limits of the City of Wildwood, except at a height sufficient to permit a reasonable safe emergency landing, which in no case shall be less than 1,000 feet, provided that the provisions of this subsection may be deviated from when special circumstances render a landing or departure necessary to avoid immediate danger or when such landing or departure is required because of stress or weather conditions or other unavoidable cause.
No person shall operate any aircraft within or over the corporate limits of the City of Wildwood unless such person has first been issued an airman certificate by the Federal Aviation Administration, and unless such aircraft shall have first received a certificate of airworthiness from the Federal Aviation Administration.
No person shall operate any aircraft over or within the city in violation of any valid air traffic or other rule or regulation established by the Federal Aviation Administration.
Acrobatic flying by any person flying over any portion of the city is hereby prohibited.
Except in case of emergency, no person shall land any aircraft within the corporate limits of the city except upon a regularly established airport field, or landing place, provided, however, that the provisions of this subsection may be deviated from in order to facilitate the landing or departure of any authorized federal, state or county agency or official in the performance or the exercise of official functions, or to promote the public safety, public welfare, emergency evacuation or for health considerations in which latter event such landing or departure shall be by permission of the public health officer of the city in his sole discretion; or to promote a community function in the sole discretion of the governing body of the city.
All aircraft when flying within or over the corporate limits of the city at night shall have lights and other equipment required for such flying by the rules, regulations or orders of the Federal Aviation Administration.
Unnecessary noise by operators of aircraft within or over the corporate limits of the city is hereby prohibited.
No person in any aircraft shall cause or permit to be thrown out, discharged or dropped within the corporate limits of the city, any object or thing, except loose water or loose sand ballast when absolutely essential to the safety of the occupants of the aircraft and except as provided in subsection 13-14.11 of this section.
No person shall make exhibition flights by carrying banners on, distribute circulars from, or operate a loud speaking device from any aircraft flying within or over the corporate limits of the city without first obtaining a permit to do so from the city clerk, and payment of a permit fee of five ($5.00) dollars for each flight. The city clerk shall issue such permit if the person who will operate the aircraft, in carrying out any of the objects named in this subsection, is duly licensed by the Federal Aviation Administration, and the safety or lives of the inhabitants of the city will not be endangered by the proposed flight. Provided that the permits provided for in this subsection may be issued by the city clerk for periods of not longer than six months, rather than for individual flights, if the safety or lives of the inhabitants of the city will not be endangered by such permit and a permit fee of twenty-five ($25.00) dollars is paid. Provided that such six months' permit shall be revoked by the director of traffic upon violation of any provision of this section.
Permits Required for Sightseeing Flights on Helicopters. Notwithstanding any other provision of this chapter, sightseeing helicopter rides within the corporate limits of the City of Wildwood are permitted upon compliance with the following terms and conditions:
Any person desiring to operate sightseeing flights on helicopters must first obtain a permit from the city clerk and pay a permit fee of seven hundred fifty ($750.00) dollars.
No permit will be issued by the city clerk unless the operator is duly licensed by the Federal Aviation Administration.
The application for permit must indicate the points of take-off and landing of the sightseeing helicopter ride, which points must be located above ground level on the property of the operator or the operator's landlord and must be not less than 500 feet east of the boardwalk.
The application for permit must describe the exact flight path of the proposed sightseeing helicopter ride, which flight path must be entirely over the Atlantic Ocean, excepting only that upon take-off from the approved point of take-off and landing, the path may proceed directly east of the approved point of take-off and landing over the Wildwood beach and, when returning to the landing point, the path may proceed over the Wildwood beach but directly west from the ocean to the approved point of landing.
The application for permit must be accompanied by an insurance policy covering liability for injury to persons or property with combined single limits of not less than three million ($3,000,000.00) dollars issued by an insurance company with a Best's rating of A+ in which the City of Wildwood is named as an additional insured.
The application for permit must be signed not only by the operator, but the owner of the property on which the approved landing and take-off sites are contained, if the property owner is different from the operator, and said application shall include a provision whereby the operator and landlord, if any, agree to indemnify and save the city harmless from all liability, regardless of the nature of same, occurring as a result of the operation of the sightseeing helicopter ride, including any expenses incurred by the City of Wildwood in defending any claims brought against it.
The application for permit must specify the make, model and passenger capacity of the helicopter to be utilized.
The permit for sightseeing helicopter rides shall provide that the permitted hours of operation are between the hours of 12:00 noon and midnight during the period from March 15 to October 31 in each year, with no operations permitted during other times of the year, and shall further provide that no refueling nor storage of petroleum or petroleum products may take place within the corporate limits of the City of Wildwood, nor may any repairs to said helicopter be made within the corporate limits of the City of Wildwood.
Sightseeing helicopter rides as contemplated by this section are limited to short rides where the passengers board and leave the helicopter from the same location. Under no circumstances is regularly scheduled or chartered helicopter service from a point in the City of Wildwood to some other destination or commencing at another destination and terminating in the City of Wildwood permitted under the terms of this paragraph.
Any person, firm or corporation violating any provision of this section shall, upon conviction thereof, be fined not more than one thousand ($1,000.00) dollars or be imprisoned for a term not exceeding 90 days, or both.
- TATTOO or TATTOOING
- For purposes of this section, shall be construed to mean any placement or injection, by means of penetrating instruments or in any other manner, of chemicals, substances, dyes, or other materials upon or beneath the surface of the skin of a human being for the purpose of marking, decoration, or other permanent or temporary alteration of the appearance of the skin surface.
It shall be unlawful for any person to tattoo a human being or for any person, firm or corporation to conduct the business of tattooing within the City of Wildwood, except that tattooing may be performed in the city for medical purposes by a physician licensed to practice medicine in the State of New Jersey.
Any person, firm or corporation violating the provisions of this section shall be subject to the penalty provisions contained in section 3-12, Penalty of The Revised General Ordinances of the City of Wildwood, 1968.
It shall be unlawful for any person to sell, exchange, give or loan or permit to be sold, exchanged, given or loaned, any pressurized can containing paint or dye to any person under the age of 18 years, unless such person be the parent or legal guardian of such person under the age of 18 years. It shall be unlawful for any person under the age of 18 years to purchase any pressurized can containing paint or dye.
It shall be unlawful for any person under the age of 18 years to have in his or her possession any pressurized can containing paint or dye while on the public highway, street, boardwalk, park, playground or other public place, whether such person is or is not in any automobile, vehicle or other conveyance.
It shall be unlawful for any person to place graffiti upon any public property or upon the private property of another by any means whatsoever.
Graffiti is defined as follows: writing, printing or placing, with paint or dye, figures, letters, words or sentences upon the property of another, without the express permission of the owner of such property.
Any person who violates subsection 3-16.3 of this section shall be responsible for cleaning, repairing, painting and otherwise restoring the property which he or she has damaged to the condition in which it was found prior to such violation.
No owner of real property situate in the City of Wildwood shall permit the existence of graffiti upon any structure owned by him. The city shall provide notice of the existence of said graffiti to the property owner. Said notice shall be made by mailing the same by certified mail, postage prepaid at his address as shown on the last tax duplicate of the city. If the owner is unknown, the notice shall be published in a newspaper circulating in the City of Wildwood at least once and not less than ten days before the hearing date. Notice to the owner or owners of several distinct parcels of real estate may be inserted in the same publication, the property owned shall then have ten days to clean, repair, paint and otherwise restore the property which contains such graffiti to the condition in which it was found prior to such graffiti being placed upon such property. In the event that the property owner fails to effectuate the required restoration, then the mayor or his designated hearing officer shall conduct a hearing so that the property owner may be given an opportunity to present evidence concerning the non-existence of said graffiti. The date of said hearing shall be set forth in advance in the notice referred to above, but in no event shall be less than ten days nor more than 15 days from the date of said notice. Should the owner of such property either fail to appear at such hearing or should the owner of such property appear at such hearing but fail to prevail with regard to the factual determination which is made by the hearing officer concerning the existence of graffiti upon the subject property, then the city shall proceed, on the 15th day following such hearing date to arrange to remove the graffiti and shall charge the owner the actual amount required to be expended by the city for such removal.
Upon a determination by the hearing officer that any property situate within the City of Wildwood is in violation of this section, and upon failure of the owner thereof to remove the graffiti before the 15th day following the hearing date at which said determination is made by the hearing officer, the owner thereof shall be in violation of this section and shall be subject to all of the penalties provided in subsection 3-16.10 hereof.
Upon the written request of the director of public safety, the mayor may authorize payment of a reward of one hundred ($100.00) dollars to any person who provides information or assistance leading to the apprehension and conviction of any person violating any subsection of this section. No reward may be authorized and/or paid, however, to any public employee whose duty it is to investigate or to enforce this section.
It shall be unlawful for the parents, legal guardian or other person having custody and care of any person under the age of 18 years to assist, aid, abet, allow, permit or encourage said minor to violate the provisions of any subsection of this section, either by words, overt act, by failing to act, or by lack of supervision and control over said minor child. The parents, legal guardian or other person having custody and care of any person under the age of 18 years who shall violate any subsection of this section shall be subject to all of the penalties which are provided herein, as if said parents, legal guardian or other person having such custody and care were the actor who actually violated such subsection of this section.
No mercantile license shall be issued to any person, persons or corporation seeking to operate any business which requires the issuance of such license if the applicant therefore seeks to locate the same in a building upon which graffiti has been placed.
Any person who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars. Each day that any violation of any subsection of this section shall exist shall constitute a separate offense and shall be charged as a separate offense by the issuance of additional process.
The administrative and legislative branches of the government of the City of Wildwood shall endeavor to have the municipalities which are situate in close territorial proximity within the City of Wildwood adopt legislation prohibiting the conduct which this section deems unlawful.
Editor's Note: Prior ordinance history includes portions of Ordinance Nos. 208-88; 229-89; 614-04.
This section shall be known and may be cited as the "City of Wildwood Recycling Program Ordinance."
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
- Shall mean a combining of nonputrescible source-separated recyclable materials for the purpose of recycling;
- DESIGNATED RECYCLABLE MATERIALS
- Shall mean those materials designated within the Cape May County Solid Waste Management Plan to be source separated for the purpose of recycling by residential, commercial, institutional and industrial sectors. These materials cannot be deposited in the landfill and include:
- MUNICIPAL RECYCLING COORDINATOR
- Shall mean the person or persons appointed by the municipal governing body and who shall be authorized to enforce the provisions of this section, and any rules and regulations which may be promulgated hereunder. This appointee shall also be responsible to assure that all materials recycled in the municipality are properly reported and recorded;
- MUNICIPAL SOLID WASTE (MSW) STREAM
- Shall mean all solid waste generated at residential, commercial and institutional establishments within the boundaries of the City of Wildwood;
- RECYCLABLE MATERIAL
- Shall mean those materials which would otherwise become solid waste, and which may be collected, separated, or processed and returned to the economic mainstream in the form of raw materials or products;
- SOURCE SEPARATION
- Shall mean the process by which recyclable materials are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling;
- SOURCE SEPARATED RECYCLABLE MATERIALS
- Shall mean recyclable materials which are separated at the point of generation by the generator thereof from solid waste for the purposes of recycling.
Mandatory Source Separation. It shall be mandatory for all persons who are owners, lessees, tenants or occupants of residential and nonresidential premises, including but not limited to retail and commercial locations, government schools and other institutional locations within the City of Wildwood, to separate designed recyclable materials from all solid waste.
Category 1 designated recyclable materials shall be placed separately at the curb in a manner and on such days and times as may be hereinafter established by the City of Wildwood.
When municipal curbside collection is not provided for designated recyclable materials, as is the case for those recyclables included in Category 2, it shall be the obligation of the generator to deliver or arrange for the delivery of such materials to the Cape May County Municipal Utilities Authority (CMCMUA) recycling facilities located at the Sanitary Landfill and/or Transfer Station as applicable, or to a private sector market for recycling.
The collection of source separated recyclable materials shall be in the manner prescribed as follows:
It is the responsibility of the property owner to provide adequate size and number of containers for the separate placement of recyclables for curbside collection as follows: Paper products may be commingled in one container or may be placed in brown paper bags, however, plastic bags shall not be used for curbside collection of paper products: glass, food and beverage containers, metal food and beverage containers, and plastic bottles and jugs may be commingled in one container. All containers and brown paper bags containing source separated recyclable materials shall be placed; prior to collection, between the curb and the sidewalk, or in the absence of curb and sidewalk, as near to the street as not to constitute a danger, where such receptacles shall be readily accessible to the collector without providing obstruction to pedestrians. The owner or occupant of the premises shall keep all receptacles clean and in safe handling condition. Receptacles or other items to be recycled shall be placed as noted above any time after 9:00 p.m. of the day immediately preceding the day of collection, but no later than 6:00 a.m. of the day of collection. After collection, any containers shall be removed from the curbside by no later than 7:00 p.m. of the day of collection.
All receptacles or dumpster shall be maintained in a clean and safe manner, closed with lids or covers.
The following materials must be source separated and recycled through the municipal recycling program. The method, location and times to be announced and communicated to the public.
The following materials must be source separated and recycled by the generator at authorized CMCMUA recycling facilities or any NJDEP approved recycling center with the method to be determined and announced and communicated to the public.
Wood pallets and crates.
Used motor oi.l
Kerosene, #2 heating oil.
Asphalt and concrete.
Auto and truck bodies.
Consumer rechargeable NiCad and small sealed lead acid batteries.
Residents and property owners who have recyclable materials shall be able to bring such presorted materials to the Recycling Center during hours to be set by the head of the department of public works upon obtaining a validation sticker showing that the person is a resident or owner of property in the City of Wildwood. Residency or ownership shall be established by displaying a driver's license with the person's residence or tax bill showing ownership of property in the City of Wildwood and such other information necessary to carry out the provisions of this section. The superintendent of public works shall establish hours for collection or deposit of recyclable materials at the Recycling Center, with one sticker issued per household or property for a one time fee of ten ($10.00) dollars for issuance of said permit. The office of the city clerk shall issue the nontransferable vehicle stickers to residents and owners. Owners or residents of property may remove said sticker from a vehicle if the vehicle is sold and return it to the city clerk with proof of purchase of the new vehicle and receive a replacement sticker at no cost to the owner or resident. The Recycling Center shall collect such materials delivered in vehicles bearing the sticker during approved hours for delivery.
The head of the department of public works shall further establish by regulation the times for deposit of recyclable materials, and the type of materials accepted at the Recycling Center, which regulations shall be subject to change without notice.
The following items shall not be accepted under any circumstances:
Construction debris, concrete, bricks and cinderblocks.
Leaves, grass clippings, branches and other garden or yard waste collected by commercial landscapers, gardeners, or lawn mowing companies or individuals in such businesses.
Such other items as may be deemed unacceptable by the head of the department of public works in his or her sole discretion.
The owner of each property shall be responsible for compliance with this section. For multi-family units, including but not limited to condominium complexes and seasonal hotels/motels and guest house, the management or owner is responsible for setting up and maintaining the recycling system, including collection of source separated recyclable materials, except for those designated recyclable materials for which municipal collection service is provided to multifamily units. Violations and penalty notices will be directed to the owner or management, in those instances where the violator is not easily identifiable. The owner or management shall issue notification and collection rules regarding recycling requirements to all new tenants when they arrive and with a reminder a minimum of every six months during their occupancy.
All commercial, business or industrial facilities shall be required to comply with the provisions of this section.
The arrangement for collection of all categories of designated mandatory recyclables hereunder shall be the responsibility of the commercial, institutional or industrial property owner or their designee, except for these specific designated recyclable materials that are collected by the municipality for that property. All commercial, institutional or industrial properties at which litter is generated by employees or the public shall provide litter and recycling receptacles. These properties shall provide for separate recycling collection services for the contents of the recycling receptacles.
Every business, institution or industrial facility shall report on a quarterly basis to the municipal recycling coordinator, on such forms as may be prescribed, regarding recycling activities at their premises, including the amount and type of recycled material not placed curbside for municipal collection. If material is removed from the premises by a hauler, recycler or paper shredder, the quantity and final disposition of the material is to be reported on the form.
All food service establishments, as defined in the Health Code, shall, in addition to compliance with all other recycling requirements, be required to recycle grease and/or cooking oil created in the processing of food or food products, and maintain such records as may be prescribed, for inspection by any code enforcement officer.
Any application to the planning board of the municipality of City of Wildwood, for subdivision or site plan approval for the construction of multi-family dwellings of three or more units, single family developments of three or more units or any commercial, institutional or industrial development of 1,000 square feet or more, must include a recycling plan. This plan shall contain at a minimum, the following:
A detailed analysis of the expected composition and amounts of solid waste and recyclables generated at the proposed development; and,
Locations documented on the application's site plan that provide for convenient recycling opportunities for all owners, tenants, and occupants. The recycling area shall be of sufficient size, convenient location and contain other attributes (signage, lighting, fencing, etc.) as may be determined by the Municipal Recycling Coordinator.
Prior to the issuance of a certificate of occupancy by the City of Wildwood, the owner of any new multifamily housing or commercial, institutional or industrial development must supply a copy of a duly executed contract with a hauling company for the purposes of collection and recycling of source separated designated recyclable materials for those locations or properties where the municipality does not otherwise provide this service.
It shall be unlawful for solid waste collectors to collect solid waste that is mixed with, or contains visible signs of designated recyclable materials. It is also unlawful for solid waste collectors to remove for disposal those bags or containers of solid waste which visibly display a warning notice sticker or some other device indicating that the load of solid waste contains designated recyclable materials.
It shall be the responsibility of the owner or occupant to properly segregate the uncollected waste for proper disposal and/or recycling. Allowing such unseparated solid waste and recyclables to accumulate at the curbside beyond 7:00 p.m. on the day of collection will be considered a violation of this section and the local sanitary code.
Once placed in the location identified by this section, or any rules or regulations promulgated pursuant to this section, no person, other than any personnel authorized by the municipality or the owner or occupant responsible for placement of the designated recyclable materials for collection, shall tamper with, collect, remove, or otherwise handle designated recyclable materials. Upon placement of such designated recyclable material, it shall become property of the municipality or its authorized agent. It shall be a violation of this ordinance for any person not duly authorized to collect or pick up or cause to be collected or picked up any recyclable materials that are the property of the municipality as provided for above.
For all activities that require municipal approval such as construction, demolition or public event permits, a designed recyclable materials plan shall be filed along with all other required permit conditions. The plan shall include provisions for the recovery of all designated recyclable materials generated during construction, renovation and demolition activities, as well as, public events.
Compliance with Diversion Requirement. The Municipal Recycling Coordinator shall review the information submitted pursuant to this subsection of the section and determine, prior to the issuance of the municipal approval or permit, whether the plan submitted by the owner of the entity carrying out the covered activity will comply or fail to comply with the recycling requirements set forth herein. The determination regarding compliance will be provided to the municipal public works director/supervisor and the owner of the entity carrying out the covered project in writing. When such plan is deemed not compliant, the Municipal Recycling Coordinator shall include specific conditions to be implemented by the permit holder to achieve compliance. It shall be a violation of this section for any owner or permit holder to fail to comply with the recycling requirements set forth herein.
It shall be deemed illegal for any of the following to occur and violation of such shall be treated as a theft of city property at the value of the recycled property and the proper authorities shall be authorized to process said violators:
Any person, persons or business entity to pick up recycling products as described herein that has been set out for pick up by the proper City of Wildwood Recycling Division employees.
Any person, persons or business entity to pick up recycling products which have been delivered to the Recycling Drop off Center of the City of Wildwood.
Any person, persons or business entity to hunt through trash or refuse which has been set outside to find hidden recycled products.
It shall be illegal for residents of the City of Wildwood to contract out for the private sale of any of the above listed recycled products for personal gain or to receive any money, service or anything of value for said products. Recycled products must be disposed of according to this section only.
The Municipal Recycling Coordinator and his duly appointed assistants are hereby individually and severally empowered to enforce the provisions of this section. The enforcers of the section may conduct an inspection at the site of the generator, which consists of sorting through containers and opening of solid waste bags to detect, by sound or sight, the presence of any designated recyclable material.
Additionally, the Cape May County Health Department (CMCHD) shall be empowered to enforce the provisions of this section. The municipality shall retain primary enforcement responsibility with the CMCHD serving in a secondary enforcement role which includes inspection of commercial establishments with proof of prior law enforcement actions.
As used in this section:
- OBSCENE MATERIAL
- Shall mean any description, narrative account, display, or depiction of a specified anatomical area or specified sexual activity contained in, or consisting of, a picture or other representation, publication, sound recording, live performance or film, which by means of posing, composition, format or animated sensual details, emits sensuality with sufficient impact to concentrate prurient interest on the area or activity.
- Shall mean material which is published with a fixed interval between the issues or numbers, such as a newspaper or magazine.
- OTHER PUBLICATIONS
- Shall mean material which is placed before the public on a sporadic, irregular or single instance, even though for an extensive period of time, such as a billboard, poster or picture which may be imprinted on paper, wood, metal, a garment or any other visible material.
- Shall mean any person who operates a store, newsstand, booth, concession or similar business with unimpeded access for persons under 18 years old, who is in the business of making sales of periodicals or other publications at retail containing pictures, drawings or photographs.
It shall be a petty disorderly persons offense for a retailer to display or permit to be displayed at his business premises any obscene material as defined in this section without a blinder or other covering placed or printed on the front of the material displayed.
Public display of obscene material as defined in this section shall constitute presumptive evidence that the retailer knowingly made or permitted the display.
Any retailer who violates any section of this Ordinance shall, upon conviction thereof, be subject to imprisonment not exceeding 30 days and/or a fine of not more than five hundred ($500.00) dollars.
In accordance with the provisions of and pursuant to the authority of L. 1988, c. 44 (C. 2C:35-7) the drug-free zone map dated August 20, 1987 and revised December 16, 1987, prepared by the municipal engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any elementary or secondary school or school board, and of the areas on or within 1,000 feet of such school property.
The drug-free school zone map approved and adopted pursuant to subsection 3-19.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes, until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
The school board, or the chief administrative officer in the case of any private or parochial school, is hereby directed and shall have the continuing obligation to promptly notify the municipal engineer and the municipal attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any elementary or secondary school or school board and which is used for school purposes.
The clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-19.1 of this section, and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may, from time to time, request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of the section shall be provided, without cost, to the county clerk and to the office of the Cape May County Prosecutor; and filed with the clerk of the municipal court.
The following additional matters are hereby determined, declared, recited and stated:
It is understood that the map approved and adopted pursuant to subsection 3-19.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and that pursuant to state law, such shall constitute prima facie evidence of the following:
The location of elementary and secondary schools within the municipality;
The boundaries of the real property which is owned by or leased to such schools or a school board;
That such school property is and continues to be used for school purposes; and
The location and boundaries of areas which are on or within 1,000 feet of such school property.
Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as school property was owned by a school or school board and was being used for school purposes as of July 9, 1987, that being the effective date of L. 1987, c. 101 (C. 2C:35-7).
Pursuant to the provisions of L. 1988, c. 44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that Statute, including use of a map or diagram other than the one approved and adopted pursuant to subsection 3-19.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for school purposes and which is owned by or leased to any elementary or secondary school or school board, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a school or school board, or that such property is not used for school purposes.
All of the requirements set forth in L. 1988, c. 44 concerning the preparation, approval and adoption of a drug-free school zone map have been complied with.
PUBLIC HOUSING FACILITY — Shall mean any dwelling, complex of dwellings accommodation, building, structure or facility and real property of any nature appurtenant thereto and used in connection therewith, which is owned or leased to a local housing authority in accordance with the "Local Redevelopment and Housing Law," P.L. 1992, c. 79 (N.J.S.A. 40:12A-1 et seq.) for the purpose of providing living accommodations to persons of low income.
PUBLIC PARK — Shall mean a recreational facility or area or playground owned and/or controlled by a state, county or local government unit.
PUBLIC BUILDING — Shall mean any publicly owned or leased library or museum.
PERSON — For the purposes of this section, shall include any individual, corporation, government agency or other entity.
In accordance with and pursuant to the authority of 1997, c. 327 (N.J.S.A. 2C:35-5), the drug-free zone map produced on June 2, 1998 by the city engineer is hereby approved and adopted as an official finding and record of the location and areas within the city of property which comprises a public housing facility, public park, or a public building, and of the areas on or within 500 feet of such property.
The drug-free zone map approved and adopted pursuant to subsection 3-19A.2 above shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 500 feet of property comprising public housing facilities, public parks or public buildings until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of such property and drug-free zones.
Any person owning or exercising control over any public housing facility, public park or public building is hereby directed and shall have the continuing obligation to promptly notify the city engineer and the city solicitor of any changes or contemplated changes in the location and boundaries of any property affected by this section.
The city clerk is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-19A.2, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map shall be provided without cost to the Cape May County Clerk and to the office of the Cape May County Prosecutor.
It is understood that the map approved and adopted pursuant to subsection 3-19A.2 was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this state, and pursuant to state law, such map shall constitute prima facie evidence of the following:
The location of public housing facilities, public parks and public buildings within the city;
The boundaries of real property which is owned by or leased to such public housing facilities, public parks, or public buildings;
That such property is and continues to be used for its designated purpose; and
The location and boundaries of areas which are on or within 500 feet of such property.
Nothing in this section shall be construed to preclude a prosecutor from introducing or relying upon any other evidence or testimony to establish any element of an offense; nor shall this section be construed to preclude the use or admissibility of any map or diagram other than one which has been approved by the board of commissioners; provided that the map or diagram is otherwise admissible pursuant to the applicable rules of evidence. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, a public housing facility, public park, or public building, whether the absence of such depiction is the result of inadvertent omission, or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not used for a purpose which is subject to this section.
All of the requirements set forth in P.L. 1997, c. 327 (N.J.S.A. 2C:35-5) concerning the preparation, approval and adoption of a drug-free zone map have been complied with.
No vehicle, as defined in N.J.S.A. 39:1-1 et seq., exceeding 22 feet in length, or commercial motor vehicle, likewise defined in N.J.S.A. 39:1-1 et seq., weighing more than 10,000 pounds PGW, shall be permitted to be parked upon any street, alley or public right-of-way at any time within the City of Wildwood.
Trailers, or boats and trailers, less than 22 feet in length, may be parked upon any street, alley or public right-of-way provided they do not remain there for more than 72 hours.
The operator or person in possession of the vehicle, commercial vehicle, trailer or boat and trailer, shall be responsible for any violation of this section. The owner of any vehicle, commercial vehicle, trailer or boat and trailer shall be liable if the operator or person in possession thereof is operating it or in possession of it with the consent or permission of the owner.
Any person violating any provision of this section shall, upon conviction thereof, be subject to a fine of not more than one thousand ($1,000.00) dollars or to imprisonment for not more than 90 days, or to both such fine and imprisonment. If the violation is of a continuing nature, each day during which it continues constitutes an additional, separate and distinct offense.
It is hereby declared to be unlawful for any person, business or entity to utilize and abuse the 911 emergency service for purposes of eliciting a response from the police department, fire department or rescue squad in the absence of an actual police, fire and/or medical emergency.
Any person convicted of improperly utilizing the 911 emergency service as set forth above shall be guilty of abusing the service and shall be subject to a fine not to exceed one thousand ($1,000.00) dollars or imprisonment for a term not to exceed 90 days, or both.
No person shall play, use, operate or permit to be played, used or operated, any radio, tape recorder, cassette player or other machine or device for reproducing sound, if it is located in or on any of the following:
Any person, partnership, firm or corporation who violates any subsection of this section shall, upon conviction thereof, be subject to imprisonment not exceeding 90 days and/or a fine of not less than one hundred ($100.00) dollars nor more than one thousand ($1,000.00) dollars.
It is hereby established as the policy of the City of Wildwood that all city-owned or leased buildings and other facilities shall be smoke-free at all times to protect and preserve the health and comfort of the general public and employees from the toxic and annoying effects of tobacco smoke, and also to protect life and property from fire. It is hereby determined that although some areas of buildings and facilities are not generally accessible at all times to the general public, there are no portions of any city-owned or leased buildings or other facilities to which some members of the public or some employees are legally prohibited from entering. Accordingly, smoking is prohibited in all offices, corridors, hallways, rooms and all portions of all city-owned or leased buildings and other facilities in order to protect the right of every person to breathe clean air.
Smoking is hereby prohibited in all city-owned or leased buildings and other facilities.
Any person violating the provisions of this section shall, upon conviction thereof, be subject to a fine of not more than one thousand ($1,000.00) dollars or imprisonment of no more than 90 days, or both. In addition, should the violator be a city employee, such violation shall also subject the employee to disciplinary action.
Owners of shopping carts shall not permit said shopping carts to be removed from their premises.
It shall be the affirmative duty of all owners of premises which make shopping carts available to their customers to post signs at all entrances and exits advising the public that if they remove said shopping carts from the premises, the owners and the general public are subject to a fine or imprisonment in accordance with the provisions of this section.
No persons shall remove a shopping cart from any premises which makes said shopping cart available to the public without the consent of the owner or operator of said premises.
Shopping carts, for the purpose of this section shall be defined as any device apparatus which uses wheels but which shall be made of metal, wood or otherwise provided by merchants for the carting or carrying of merchandise from the premises to automobiles or other places.
Any person or persons who shall violate any provision or provisions of this section shall be subject to a fine of not less than two hundred ($200.00) dollars and/or imprisonment for a term not to exceed ten days, in the discretion of the judge of the municipal court.
The City of Wildwood may authorize the department of public works of said city, or any other agency of the city to remove shopping carts from the street, avenues, roads, or highways. The owners of said shopping carts can retrieve said carts upon the payment of a fee of ten ($10.00) dollars to the Treasurer of the City of Wildwood for the retrieval and storage. City shall notify the owners of its possession of the carts that they have removed from the streets. Upon the failure of the owners to pay the above fee and to pick up the carts, the city may dispose of them as trash, or any other means they deem to be appropriate without any further obligation to the owner of these carts.
It shall be unlawful for any person or corporation to keep within the limits of the City of Wildwood, the County of Cape May, any cows, other cattle, horses, pigs, pot-bellied pigs, sheep, goats, roosters or chickens. Maintaining and allowing any of the aforesaid animals within the City of Wildwood shall be and is hereby declared to be a nuisance and shall be subject to the penalties set forth in this section. This section shall not apply to special events, and/or contracts, authorized by the board of commissioners.
Any person or persons who shall violate any of the provisions of this section shall, upon conviction thereof, before a proper officer having jurisdiction, be subject to a fine in any sum not exceeding two hundred ($200.00) dollars, at the discretion of such officer before whom any such person or persons may be tried, and in the default of the payment of said fine be imprisoned in the city or county jail, for a term not exceeding thirty (30) days, at the discretion of said officer, and any repetition of any act herein prohibited on any day following such conviction, shall be deemed a new offense.
Editor's Note: Former Section 3-26, Sex Offender Residency Prohibition, previously codified herein and containing portions of Ordinance No. 757-05 was repealed in its entirety by Ordinance No. 768-09.
Every hotel and motel in the City of Wildwood shall be required to do the following:
Registry Established. Maintain at all times a registry identifying the name of each occupant of each rooming unit, together with the principal residence address of each such occupant and the date upon which his occupancy of such rooming unit commenced, which registry shall be a valid drivers license and/or picture ID, which must be kept on file and subject to review by the code enforcement officer of the City of Wildwood upon periodic inspections.
Posting of Rates. Must post in a conspicuous place or manner in each rooming unit a statement of the range of rates charged by the hotel or motel, including seasonal rates and legible printed copy.
Length of Stay. In accordance with the definition provided for in "The Latest Illustrated Book of Development Definitions": which states that a transient visitors stay for hotels, motels is 1.5 days, the extended-stay facility is for 5 or more days averaging 7-10 days, no transient visitor can occupy a hotel, motel or multiple dwelling establishment for more than 30 days, nor can said transient visitor extend their stay of longer than 30 days by moving into another unit within the same establishment.
Extension of Stay. No hotel or motel owner can take it upon themselves to extend the stay of any visitor without the consent of the governing body in the form of a resolution.
Violations and Penalties. Any owner of any hotel or motel found to be in violation of the section will be subject to the issuance of violations, fines and court appearances, when necessary as set forth below:
Any owner of any hotel or motel found to be in violation of the section will be subject to the following fine:
First offense — not less than $250.00 up to $1,000.00 per day for every day they exceed the occupancy.
Second offense — not less than $500.00 up to $1,500.00 per day for every day they exceed the occupancy.
Third offense — not less than $1,000.00 up to $2,000.00 per day for every day they exceed the occupancy.
Fourth offense — not less than $1,000.00 up to $2,000.00 per day for every day they exceed the occupancy and revocation of mercantile license for 60 days.
Each offense thereafter — imprisonment for a term not exceeding 6 months or a period of community service not exceeding 90 days.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with this context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- Shall mean to give, place, expose, deposit, distribute or scatter any edible material with the intention of feeding, attracting or enticing wildlife. Feeding does not include baiting in the legal taking of fish and/or game.
- Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- Shall mean all animals that are neither human nor nondomesticated.
No person shall feed, in any public park, or any other property owned or operated by the City of Wildwood, any wildlife, excluding contained wildlife (wildlife contained in zoos, parks or rehabilitation centers, or unconfined wildlife at environmental education centers).
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars.
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. When not inconsistent with this context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- Shall mean the placement of yard waste in a trash can, bucket, bag or other vessel, such as to prevent the yard waste from spilling or blowing out into the street and coming into contact with stormwater.
- Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
- Shall mean any street, avenue, boulevard, road, parkway, viaduct, drive, or other way, which is an existing state, county or municipal roadway, and includes the land between the street lines, whether improved or unimproved, and may comprise pavement, shoulders, gutters, curbs, sidewalks, parking areas, and other areas within the street lines.
- YARD WASTE
- Shall mean leaves and grass clipping.
The owner or occupant of any property, or any employee or contractor of such owner or occupant engaged to provide lawn care or landscaping services, shall not sweep, rake, blow or otherwise place yard waste, unless the yard waste is containerized, in the street. If yard waste that is not containerized is placed in the street, the party responsible for the placement of yard waste must remove the yard waste from the street or shall be deemed in violation of this city ordinance.
The provisions of this section shall be enforced by the police department of the City of Wildwood and other authorized enforcement officials of the City of Wildwood.
Any person(s) who is found to be in violation of the provisions of this section shall be subject to a fine not to exceed five hundred ($500.00) dollars.
- LEAF BLOWER
- Shall mean any power yard maintenance equipment, any engine driven device or machine generating high velocity air used primarily for the maintenance of lawns, shrubs, trees, or other landscaping.
- PROPERTY or PARCEL
- For convenience, shall mean one residential unit or one block and lot, whichever area is smaller.
No leaves or other debris shall be blown into the street, sidewalk, or beyond the property lines.
After leaf blower use, debris shall be disposed in trash receptacles.
Leaf blowers shall be in proper working order and all manufacturers' noise and dust control equipment on the leaf blower shall remain on the blower and be in operating condition.
Any persons found to be in violation of the provisions of section 3-30 shall be subject to a fine of five hundred ($500.00) dollars.
The department of municipal government which is providing excessive municipal services to a subject property is responsible for keeping and maintaining the records detailing the excessive municipal services, including the following information:
The exact location of the subject property;
The name and address of the property owner;
The date and the nature of the call and service;
The nature of the violation or violations;
The name of each public employee providing the municipal services;
The cost of services shall be two hundred fifty ($250.00) dollars per call regardless of the number of public employees involved in the call;
As used in this article, the following terms shall have the following meanings unless the context clearly indicates that a different meaning is intended. Any words not defined herein shall have the meaning given in Webster's Unabridged Dictionary.
- EXCESSIVE MUNICIPAL SERVICES
- Shall mean any qualifying calls made to a subject property which is on probationary nuisance status shall constitute excessive municipal services.
- MULTI-FAMILY RESIDENTIAL AND COMMERCIAL PROPERTIES
- Shall mean a lot used for residential purposes and comprised of more than one (1) unit. Once a multi-family residential property has received six qualifying calls within a 60 day period the property owner shall receive a written notice that the property has been placed on probationary nuisance status.
- PROBATIONARY NUISANCE STATUS
- Shall mean once a residential property has received the requisite number of qualifying calls within a 60 day period, the property owner shall receive a written notice that the property is on probationary nuisance status for the next 12 months.
- QUALIFYING CALLS
- The following are examples of qualifying calls which may constitute a public nuisance. These examples are not intended to restrict in any way the criteria set forth in this ordinance.
- 1. Alcoholic beverage violations as defined in New Jersey State Statutes and applicable local ordinances;
- 2. Disorderly conduct as defined in the New Jersey Code of Criminal Justice and applicable local ordinances;
- 3. Disturbing the peace as defined in the New Jersey Code of Criminal Justice and applicable local ordinances;
- 4. Excessive noise as defined in applicable local ordinances;
- 5. Littering as defined in the New Jersey Code of Criminal Justice and applicable local ordinances;
- 6. Improperly parking a vehicle in violation of Title 39 of the New Jersey State Statutes and applicable local ordinances;
- 7. Possession of a barking or howling animal as defined in New Jersey State Statutes and applicable local ordinances;
- 8. Possession or distribution of a controlled dangerous substance as defined in the New Jersey Code of Criminal Justice;
- 9. Prostitution as defined in the New Jersey Code of Criminal Justice;
- 10. Public urination or defecation as defined in the New Jersey Code of Criminal Justice;
- 11. Indecent exposure as defined in the New Jersey Code of Criminal Justice;
- RESIDENTIAL PROPERTY
- Shall mean a lot used for residential purposes. Once a residential property has received three qualifying calls within a 60 day period, the property owner shall receive a written notice that the property has been placed on probationary nuisance status.
New Jersey State Statutes and applicable local ordinances which cover the subject matter set forth in the definition for qualifying calls.
Whenever the public officer has determined that a residential property or multi-family residential property has had the requisite number of qualifying calls within a 60 day period, the property owner shall be sent a written notice that the property is on probationary nuisance status for the next 12 months. The notice of violation shall conform to the requirements set forth in this ordinance. Additionally, the notice of violation shall include the following:
Specify the type or types of qualifying calls occurring on the subject property.
Provide the dates of the municipal service calls made to the subject property.
Include an Order for Abatement of the nuisance within 30 days.
Include a Notice that the subject property is on probationary nuisance status for the next twelve (12) months.
Any additional qualifying calls made to the subject property within this period shall be billed to the property owner in the amount of two hundred fifty ($250.00) dollars per call for the excessive consumption of municipal services. If the property owner fails, neglects or refuses to pay the bill within a reasonable period of time, the public officer shall proceed with a complaint and notice of hearing.
Complaint and hearing shall be conducted in accordance with applicable section(s) of Ordinance No. 767-09 (Section 22-6).
The hearing officer of the municipality shall determine at the hearing whether the subject property received qualifying calls during the period that the subject property was on probationary nuisance status. If the hearing officer of the municipality finds that there were qualifying calls made to the subject property during the time that the property was on probationary nuisance status, the hearing officer shall render a decision stating his findings and entering an order as follows:
The hearing officer shall determine the time that the subject property was on probationary nuisance status;
The hearing officer shall determine the number of qualifying calls made to the subject property during that period and the total cost for the excessive consumption of municipal services;
The hearing officer shall assess a reasonable cost for the litigation against the property owner to include: an administrative fee of five hundred ($500.00) dollars, the cost of legal services, expert witness fees, search fees, and advertising expenses incurred in connection with the litigation.
If the municipality expends public funds in order to abate a nuisance or correct a violation of the Property Maintenance Code on a residential property in situations in which the creditor was given notice pursuant to this section, but failed to abate the nuisance or correct the violations as directed, the municipality shall have the same recourse against the creditor as it would have against the title owner of the property. The municipality may assess a lien against the subject property for the moneys expended by the municipality. This lien may be enforced and collected in the same manner as real estate taxes are enforced and collected.