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.
See Chapter 9, Section 9-8 for regulations and prohibitions concerning the disposition of waste from humans or animals.
a. 
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.
b. 
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.
c. 
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.
d. 
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.
e. 
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.
f. 
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.
g. 
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.
h. 
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.
i. 
No person shall refuse to obey the orders, directions, whistles, or other signals used by duly constituted police officers and lifeguards.
j. 
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:
a. 
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."
b. 
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.
c. 
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:
a. 
Create or cause to be created a danger of a breach of the peace.
b. 
Create or cause to be created any disturbance or annoyance to the comfort and repose of any person.
c. 
Obstruct the free passage of pedestrians or vehicles.
d. 
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.
[Ord. 579, § 3; amended 5-24-2023 by Ord. No. 1261-23]
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. Any such violation of this section shall constitute a breach of the peace.
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.
a. 
New Jersey Law, annotated at N.J.S.A. 40:48-2.52, grants authority to municipalities to establish a curfew for juveniles.
b. 
The health, welfare and safety of the residents of this City, including juveniles of this City, requires a curfew be enacted and enforced so as to prevent juveniles from engaging in improper activities to the detriment of themselves and others, while maintaining an appropriate level of parental control and authority.
c. 
A curfew for juveniles meets a very real local need to minimize juvenile delinquency, to protect juveniles from the dangers of nocturnal crime and to minimize conduct associated with and stemming from the congregation of juveniles during late night hours.
[Ord. 591, §§ 1 & 4; Ord. 328-93, § 1; amended 5-24-2023 by Ord. No. 1261-23; 7-26-2023 by Ord. No. 1267-23; 4-10-2024 by Ord. No. 1289-24]
In the interest of public safety it shall be unlawful for any juvenile to loiter, idle, wander, stroll, play, congregate, or remain in any public or quasi-public place, either on foot or in any vehicle, between the hours of 10:00 p.m. and 6:00 a.m. Any congregation of ten or more juveniles occurring during these hours in the presence of a law enforcement officer shall constitute a breach of the peace.
[Ord. 591, §§ 2 & 3; Ord. 328-93, § 1; amended 7-26-2023 by Ord. No. 1267-23]
a. 
Exceptions from the foregoing prohibition, which shall constitute a defense to a charge for violation of same, shall be:
1. 
The juvenile is accompanied by a parent or guardian;
2. 
Is engaged in, or travelling to or from, a business or occupation which the laws of this State authorize a juvenile to perform;
3. 
If the juvenile is engaged in an errand involving a medical emergency;
4. 
If the juvenile is attending an extracurricular school activity during curfew hours; or
5. 
If the juvenile is participating during curfew hours in a cultural, educational, and/or social events sponsored by a religious or community-based institution.
b. 
The burden of establishing an exception to the herein prohibition shall be on the juvenile or his or her parent or guardian, either at the time of the offense or at trial.
a. 
If any juvenile should be found to be violating the provisions of this section, a police officer of the City shall, at that time, give notice of same to the parent or guardian of such juvenile. If such communication has established the parent or guardian has specifically permitted the juvenile to engage in a lawful activity in which the juvenile had been engaged, the juvenile shall not be apprehended for violation of this section but shall be permitted to continue his or her transit to or from such lawful activity.
b. 
If parental approval for violation of the curfew cannot be established by telephone, and no other exception provided for herein applies to the conduct of the juvenile, such juvenile shall be taken into the custody of the police, to be returned to the care and control of his or her parent or guardian, and shall be issued a summons for violation of this section.
If a parent or guardian is not available at the time of the offense so as to establish the juvenile's conduct was with parental or guardian permission, it shall be a presumption the juvenile's conduct was not done with the permission of the parent or guardian.
[Amended 7-26-2023 by Ord. No. 1267-23; 6-12-2024 by Ord. No. 1295-24]
a. 
Any juvenile violating this section shall be provided at least two curbside warnings by a law enforcement officer and an opportunity for the juvenile to leave the public place within the City of Wildwood, the motor vehicle operating or parked therein or thereon, and/or in or upon the premises of any establishment within the City before the law enforcement officer issues a stationhouse adjustment to the juvenile. Such warnings shall be sufficient if provided orally, by posted signs, or by amplified announcement.
1. 
An officer may initiate action more formal than a curbside warning when: the officer has reason to believe that the juvenile is presently engaged in other, more serious unlawful conduct; the juvenile continues to engage in the same unlawful conduct following the issuance of a prior curbside warning; or the juvenile has a pending formal complaint, demonstrating a continuing course of improper conduct, related or unrelated to the pending charge.
b. 
After the second curbside warning, or if the juvenile refuses to leave after a curbside warning, the juvenile shall be subject to having a stationhouse adjustment and the juvenile's parent, legal guardian, or caretaker called to develop an appropriate resolution.
1. 
A law enforcement officer may pursue a formal delinquency complaint beyond a stationhouse adjustment, with the approval of the County Prosecutor, or designee, who shall consider:
(a) 
The juvenile's age and maturity;
(b) 
The nature and circumstances of the offense;
(c) 
The juvenile's prior history of juvenile adjudications and/or stationhouse adjustments, with a presumption against authorizing a stationhouse adjustment for any juvenile previously adjudicated for a first- or second-degree offense;
(d) 
The willingness of the juvenile to adhere to the proposed terms of the stationhouse adjustment; and
(e) 
Where relevant, the support and cooperation of the victim and the juvenile's parent, or guardian/caregiver/designee.
c. 
No summons or juvenile delinquency charge shall be issued to a juvenile violating the provisions of this section.
d. 
Any person convicted of a violation of this section shall be subject to the following penalties: community service as prescribed by the Court and/or a fine of up to $1,000.
e. 
The law enforcement officer shall not issue a curbside warning to juvenile or issuance of a summons to appear in the Municipal Court of the City to a parent, legal guardian, or caretaker under this section unless the law enforcement officer reasonably believes that an offense has occurred and that, based on any response and other circumstances, no defense in subsection 3-2.4 of this section is present.
f. 
Before taking any enforcement action hereunder, the law enforcement officer shall promptly begin an investigation to establish (1) the required reasonable belief that an offense has occurred, and (2) that no defenses as defined in subsection 3-2.4 of this section are presented or proffered, in order to establish whether a juvenile's presence in a public place, motor vehicle, or establishment within the City during the curfew hours violates this section.
1. 
If such investigation reveals that the presence of said juvenile is in violation of this section then:
(a) 
The law enforcement officer shall ask the apparent juvenile offender's age and reason for being out in the Public Place within the City of Wildwood, in any motor vehicle operating or parked therein or thereon, and/or in or upon the premises of any quasi-public place or establishment within the City; and
(b) 
The law enforcement officer issues a curbside warning and shall ask the juvenile to leave the Public Place within the City of Wildwood, any motor vehicle operating or parked therein or thereon, and/or in or upon the premises of any quasi-public place or establishment within the City, unless the juvenile continues to remain;
(c) 
If the juvenile has not previously been issued a first or second curbside warning for any such curfew violation, then the officer shall issue a first or second curbside warning to the juvenile; or
(d) 
If the juvenile has previously been issued at least a second curbside warning for any such curfew violation or if the juvenile continues to remain in the Public Place within the City of Wildwood, any motor vehicle operating or parked therein or thereon, and/or in or upon the premises of any establishment within the City, the officer is empowered to engage in a stationhouse adjustment where the officer shall have the juvenile's parent, legal guardian, or caretaker called to develop an appropriate resolution. In such case the juvenile's continuing to remain in the Public Place within the City of Wildwood, any motor vehicle operating or parked therein or thereon, and/or in or upon the premises of any quasi-public place or establishment within the City shall be deemed a breach of the peace.
2. 
If such investigation reveals that such juvenile's parent, legal guardian, or caretaker is in violation of this section:
(a) 
A law enforcement officer shall be empowered to issue a summons to such juvenile's parent, legal guardian, or caretaker requiring the juvenile's parent, legal guardian, or caretaker to appear in front of the Municipal Court of the City of Wildwood.
If any provision herein shall be found to be unenforceable by reason of law, then it shall be severed from the remainder of this section with the remainder remaining in full force and effect.
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.
[Amended 5-24-2023 by Ord. No. 1261-23]
a. 
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.
b. 
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.
c. 
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.
d. 
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.
e. 
Any violation of this section shall constitute a breach of the peace.
a. 
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.
b. 
As used in this subsection, the following terms shall have the meaning set forth:
GUARDIAN
Shall mean a person who has qualified as a guardian of the underage person pursuant to a testamentary or court appointment.
RELATIVE
Shall mean the underage person's grandparent, aunt or uncle, or any other person related by blood or affinity.
c. 
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:
a. 
Any matter, thing, condition or act which is or may become detrimental or a menace to the health of the inhabitants of the city.
b. 
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.
a. 
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.
b. 
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:
a. 
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.
b. 
Receptacles for garbage, ashes or refuse lawfully placed on a sidewalk for collection.
c. 
Materials placed on a street or sidewalk in accordance with permission granted by any other provision of this revision.
d. 
Materials placed on a street or sidewalk which has been ordered closed by the mayor of the city pursuant to the authority granted by Ordinance No. 41-84, which is section 6-16 of this code.
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:
a. 
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.
b. 
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.
c. 
GARBAGE — Putrescible animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of foods.
d. 
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.
e. 
LITTER RECEPTACLE — A container suitable for the depositing of litter.
f. 
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.
g. 
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."
h. 
PARK — A park, playground, beach, recreation center or any public area in the city owned or used by the city and devoted to recreation.
i. 
PERSON — Any individual, corporation, company, partnership, firm, association or political subdivision of this state subject to municipal jurisdiction.
j. 
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.
k. 
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.
l. 
REFUSE — All putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and industrial wastes.
m. 
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.
n. 
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 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 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.
[Added 6-28-2017 by Ord. No. 1077-17]
a. 
Purpose. This subsection is adopted in order to protect the environment, particularly the wildlife, and the health, safety and welfare of persons and property by prohibiting the release of helium balloons into the atmosphere, including latex and mylar, as it has been determined that the release of balloons inflated with lighter-than-air gases poses a danger and nuisance to the environment, particularly to wildlife and marine animals, so as to constitute a public nuisance and may pose a threat to the safety of persons and property.
b. 
Prohibited Releases. It shall be unlawful for any person, firm, corporation or entity to intentionally release, organize the release of, or intentionally cause to be released, balloons inflated with a gas that is lighter than air within the limits of the City of Wildwood, with the following exceptions:
1. 
Balloons released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.
2. 
Hot air balloons carrying or transporting people that are recovered after launching.
3. 
Balloons released indoors.
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:
a. 
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.
b. 
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.
c. 
Plant or remove any living tree or shrub, or climb with spikes any living tree or shrub.
d. 
Fasten any rope, wire, electric attachments, sign or other device to a tree or shrub, or to any guard about such tree or shrub.
e. 
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.
f. 
Pile any building material, or make any mortar or cement, within six feet of a tree or shrub.
g. 
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:
a. 
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.
b. 
DERELICT MOTOR VEHICLE — Shall mean any motor vehicle which is incapable of being moved under its own power from place to place.
c. 
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.
d. 
STORE — Shall mean the keeping of any motor vehicle upon any premises for a period of more than 15 days.
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:
a. 
Any motor vehicle or other vehicle which is stored in a garage where it is not exposed to public view.
b. 
Any premises licensed as a junk yard under the provisions of this revision.
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:
a. 
Must be a property owner in the City of Wildwood;
b. 
Permit shall be valid for no more than three weekdays (Monday through Friday) to include departure and return date;
c. 
Camp car or trailer must be parked in front of owner's property;
d. 
Permit fee of ten ($10.00) dollars;
e. 
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.
[N.J.S.A. 40:49-5]
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.
DIRECTOR
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.
PERSON
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.
a. 
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.
b. 
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.
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.
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.
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.
a. 
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:
1. 
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.
2. 
No permit will be issued by the city clerk unless the operator is duly licensed by the Federal Aviation Administration.
3. 
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.
4. 
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.
5. 
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.
6. 
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.
7. 
The application for permit must specify the make, model and passenger capacity of the helicopter to be utilized.
8. 
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.
9. 
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.
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.
This section shall be known and may be cited as the "City of Wildwood Recycling Program Ordinance."
[Amended 7-27-2022 by Ord. No. 1237-22]
For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
BUNDLE(D)
Flatly stacked cardboard tied securely with twine or consolidated into one box not exceeding 30 lbs in weight.
DESIGNATED RECYCLABLE MATERIALS
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. Those designated recyclable materials to be set at curbside shall be established by the Cape may County Municipal Utilities Authority, a lit of which can be found at http://www.cmcua.com/single-stream-recycling, as well as City Hall.
MUNICIPAL RECYCLING COORDINATOR
The person or persons appointed by the municipal governing body and who shall be authorized to plan, develop, implement and coordinate the recycling program of the City of Wildwood, and perform other related work as required.
OCCUPANT
Shall mean the owner, agent, tenant, lessee, caretaker or any other person in charge of any premises in the City of Wildwood.
PRIVATE COLLECTOR
Shall mean any person engaged in the business of privately collecting garbage, rubbish and ashes, as defined in this section, within the City of Wildwood.
RECEPTACLE
Container constructed of plastic or metal with a lid designed to handle refuse that is leak proof.
RECYCLEABLE MATERIAL
Those materials as defined by the Cape May County Municipal Utilities Authority, a list of which can be located at http://www.cmcua.com/single-stream-recycling, as well as City Hall.
REFUSE
Shall mean any human or pet waste, litter, trash, garbage, rubbish, debris, contaminant, pollutant, waste liquid, or other discarded materials.
SOURCE SEPARATION
The process by which recyclable materials are separated at the point of generation.
SOURCE-SEPARATED RECYCLABLE MATERIALS
Recyclable materials which are separated at the point of generation.
SUPERINTENDENT
Shall mean the Superintendent of the Department of Public Works of the City of Wildwood.
[Amended 7-27-2022 by Ord. No. 1237-22]
a. 
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 institutions locations within the City of Wildwood, to separate designed recyclable materials from all solid waste, as follows:
1. 
Designated recyclable materials as defined by the Cape May County Municipal Utilities Authority ("CMCMUA"), shall be placed curbside in front of the property in a manner and on such days and times as may be hereinafter established by the Superintendent, provided that every property which is in compliance with the provisions of this section shall have its recyclable materials collected at least one day per week, Monday through Friday. Starting on the third Monday in May and ending on the first Saturday in October, the boardwalk street ends shall have its recyclable materials collected at least two days per week, Monday through Friday. All other collections necessary to comply with the section shall be the responsibility of the property owner or occupant through arrangements with private collectors.
2. 
When municipal curbside collection is not provided for designated recyclable materials, it shall be the obligation of the generator to deliver or arrange for the delivery of such materials to the CMCMUA recycling facilities located at the Sanitary Landfill and/or Transfer Station as applicable, or to a private sector market for recycling.
[Amended 7-27-2022 by Ord. No. 1237-22]
a. 
The collection of source separated recyclable materials shall be in the manner as set forth by the CMCMUA and as follows:
1. 
The receptacles pleased curbside for collection shall be kept clean and clearly market with the address.
2. 
No person shall sprinkle or place any hazardous substance upon any refuse.
3. 
No plastic bags shall be placed curbside or in receptacles.
4. 
Use of plastic bags as a receptacle is prohibited and will be cause for recycling container not to be collected/emptied.
5. 
Cardboard shall be bundled.
b. 
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 collections, 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 6:00 p.m. of the day of collection.
[Amended 7-27-2022 by Ord. No. 1237-22]
a. 
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 Superintendent of Department of Public Works upon obtaining a nontransferable identification card from the office of the Department of Public Works showing that the person is a resident or owner of property in the City of Wildwood. The Superintendent of Public Works shall establish hours for collection or deposit of recyclable materials at the Recycling Center.
b. 
The Superintendent of 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.
1. 
Construction debris, concrete, bricks and cinderblocks.
2. 
Leaves, grass clippings, branches and other garden or yard waste collected by commercial landscapers, gardeners, or lawn mowing companies or individuals in such businesses.
3. 
Tires.
4. 
Propane tanks, paint cans, petroleum products, or other hazardous waste.
5. 
Such other items as may be deemed unacceptable by the Superintendent of Department of Public Works in his or her sole discretion.
[Amended 7-27-2022 by Ord. No. 1237-22]
The owner of each property shall be responsible for compliance with this section. For multifamily units, including but not limited to: condominium complexes and seasonal hotels/motels and guest houses, the management or owner is responsible for setting up and maintaining the recycling system, including collections 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. 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.
[Amended 7-27-2022 by Ord. No. 1237-22]
a. 
All commercial business or industrial facilities shall be required to comply with all provisions of this section.
b. 
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 designed 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.
c. 
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.
[Amended 7-27-2022 by Ord. No. 1237-22]
a. 
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.
b. 
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.
c. 
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. It shall by a violation of this section 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.
[Amended 7-27-2022 by Ord. No. 1237-22]
It shall be deemed illegal for any of the following:
a. 
Any person, persons or business entity to pick up recycling products as described herein that has been set out for pick up by the property City of Wildwood Recycling Division employees.
b. 
Any person, persons or business entity removing recycling products which have been delivered to the Recycling Drop Off Center of the City of Wildwood.
c. 
Any person, persons or business entity to hunt through trash or refuse which has been set outside to find hidden recycled products.
d. 
The Superintendent shall have the authority to make regulations concerning the days of collection by the public collector, type and location of receptacles and such other matters pertaining to the collection, conveyance and disposal as he shall find necessary, responsibility to coordinate the collection and conveyance of City refuse and Superintendent.
[Amended 7-27-2022 by Ord. No. 1237-22]
a. 
The municipal code enforcement officer 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 and inspections 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 materials.
b. 
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.
[Amended 7-27-2022 by Ord. No. 1237-22]
Violations and penalties under this section shall be in accordance with N.J.S.A. 40:49-1 et seq. Any repetition of any violation of this section shall be deemed a new offense.
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.
PERIODICAL
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.
RETAILER
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:
a. 
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:
1. 
The location of elementary and secondary schools within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such schools or a school board;
3. 
That such school property is and continues to be used for school purposes; and
4. 
The location and boundaries of areas which are on or within 1,000 feet of such school property.
b. 
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).
c. 
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.
d. 
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.
a. 
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.
b. 
PUBLIC PARK — Shall mean a recreational facility or area or playground owned and/or controlled by a state, county or local government unit.
c. 
PUBLIC BUILDING — Shall mean any publicly owned or leased library or museum.
d. 
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:
a. 
The location of public housing facilities, public parks and public buildings within the city;
b. 
The boundaries of real property which is owned by or leased to such public housing facilities, public parks, or public buildings;
c. 
That such property is and continues to be used for its designated purpose; and
d. 
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.
[Amended 5-24-2023 by Ord. No. 1261-23]
a. 
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:
1. 
Any public property, including any public street, boardwalk, highway, building, sidewalk, park or thoroughfare; or
2. 
Any motor vehicle on a public street, highway or public space; and if the sound generated is audible at a distance of 30 feet from the device producing the sound.
b. 
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. Any violation of this section shall constitute a breach of the peace.
[Amended 5-12-2021 by Ord. No. 1198-21]
The legislative findings and declarations that are set forth in the New Jersey Smoke Free Air Act at N.J.S.A. 26:3D-55 et seq. regarding public health hazards that are caused by tobacco smoke and electronic smoking devices are incorporated herein by this reference as if set forth at length.
[Amended 5-12-2021 by Ord. No. 1198-21]
All definitions of words and terms that are set forth in the New Jersey Smoke-Free Air Act at N.J.S.A. 26:3D-57 are incorporated herein by this reference thereto. Additionally, the following terms shall have the meanings indicated:
BEACH
Means that area beneath and from the westerly side of the boardwalk to the Atlantic Ocean from 26th Street to Cress Avenue, together with the bathing area adjacent to it.
BOARDWALK
Means the elevated public pedestrian walkway constructed over the municipal right of way.
ELECTRONIC SMOKING DEVICE
Means an electronic device that can be used to deliver nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe.
NEW JERSEY SMOKE FREE AIR ACT
Means N.J.S.A. 26:3D-55 et seq. and any amendments thereto.
PARK
Means such municipal property owned or leased by the City that the Board of Commissioners may designate and name, from time to time by resolution, as park areas which shall include all streets, avenues, sidewalks and rights of way adjoining same; pavilions, stands, shelters, docks, piers, wharfs or other buildings or structures located thereon, with the apparatus and furniture used in connection therewith; that are used for public parks, resort or recreation; and shall further include all places otherwise subject to management, regulation or control by the City pursuant to the provisions of N.J.S.A. 40:61-1, et seq.
RECREATION AREA
Means any areas, public or private, open to the general public for recreational purposes, regardless of any fee requirement, including, but not limited to public parks, beach and ocean beach areas, ocean and other boardwalks, marina, pier, boat dock areas, open spaces, gardens, children's play areas, sports fields, stadiums, playgrounds, swimming pools, batting cages, tennis and basketball courts, golf courses, riding stables and senior center outdoor areas.
SMOKING
Means the burning of, inhaling from, exhaling the smoke from, or the possession of a lighted cigar, cigarette, pipe or any other matter or substance which contains tobacco or any other matter that can be smoked, or the inhaling or exhaling of smoke or vapor from an electronic smoking device.
SMOKING AREA
Means an area on the beach established and designated by the City of Wildwood in which a person may engage in the act of smoking pursuant to N.J.S.A. 26:3D-59, or any other area as may be designated as a smoking permitted area.
[Amended 5-12-2021 by Ord. No. 1198-21]
Smoking is hereby prohibited in all City-owned or leased buildings, beach, boardwalk, recreation areas, parks, playgrounds, and other facilities as set forth in N.J.S.A. 26:3D-57.
[Amended 5-12-2021 by Ord. No. 1198-21]
a. 
Smoking on the beach shall be permitted within designated smoking areas only. Smoking areas shall be designated by use of a sign stating "Smoking Permitted" or the international symbol for "Smoking Permitted" and shall not comprise an area exceeding in the aggregate 15% of the total beach area. The City may close, change or abolish the precise location of any one or more smoking area from time to time, as safety and attending circumstances shall require.
b. 
Smoking, vaping, or aerosolizing of a cannabis item in designated beach smoking areas is prohibited.
[Amended 5-12-2021 by Ord. No. 1198-21]
The Board of Commissioners shall designate, from time to time by resolution, City owned properties as parks, which park areas shall be deemed to encompass the area up to the curb or street where a park adjoins or abuts a public right of way including any public rights of way or streets that are contained within a park, which parks shall be subject to the provisions of this section.
[Amended 5-12-2021 by Ord. No. 1198-21]
The provisions of the section shall be enforced by the Wildwood Police Department.
[Amended 5-12-2021 by Ord. No. 1198-21; 5-24-2023 by Ord. No. 1261-23]
Unless otherwise provided by law, any person violating any of the provisions of this section, upon conviction thereof, shall be subject to a fine of not less than $250 for the first offense, $500 for the second offense and $1,000 for each subsequent offense, or imprisonment in the County Jail for a term not exceeding 90 days, or both. Any violation of this section shall constitute a breach of the peace.
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.
[1]
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:
a. 
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.
b. 
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.
c. 
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.
d. 
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.
e. 
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:
1. 
Any owner of any hotel or motel found to be in violation of the section will be subject to the following fine:
(a) 
First offense — not less than $250.00 up to $1,000.00 per day for every day they exceed the occupancy.
(b) 
Second offense — not less than $500.00 up to $1,500.00 per day for every day they exceed the occupancy.
(c) 
Third offense — not less than $1,000.00 up to $2,000.00 per day for every day they exceed the occupancy.
(d) 
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.
(e) 
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.
FEED
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
WILDLIFE
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).
a. 
This section shall be enforced by the police department of the City of Wildwood.
b. 
Any person found to be in violation of this section shall be ordered to cease the feeding immediately.
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.
CONTAINERIZED
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.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this state subject to municipal jurisdiction.
STREET
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.
a. 
No leaves or other debris shall be blown into the street, sidewalk, or beyond the property lines.
b. 
After leaf blower use, debris shall be disposed in trash receptacles.
c. 
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.
a. 
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:
1. 
The exact location of the subject property;
2. 
The name and address of the property owner;
3. 
The date and the nature of the call and service;
4. 
The nature of the violation or violations;
5. 
The name of each public employee providing the municipal services;
6. 
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.
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:
a. 
Specify the type or types of qualifying calls occurring on the subject property.
b. 
Provide the dates of the municipal service calls made to the subject property.
c. 
Include an Order for Abatement of the nuisance within 30 days.
d. 
Include a Notice that the subject property is on probationary nuisance status for the next twelve (12) months.
e. 
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.
a. 
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:
1. 
The hearing officer shall determine the time that the subject property was on probationary nuisance status;
2. 
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;
3. 
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.
[Added 5-26-2021 by Ord. No. 1201-21]
The purpose of this section is to regulate the use and consumption of cannabis and cannabis items in public places, as discussed in Section 46 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act. Pursuant to Section 46 and N.J.S.A. 26:3D-65(a), a municipality may, by ordinance, fine an individual who smokes or carries lighted cannabis, or consumes cannabis not by smoking, vaping, or aerosolizing, in any public place.
[Added 5-26-2021 by Ord. No. 1201-21]
INDOOR PUBLIC PLACE
Means a structurally enclosed place of business, commerce or other service-related activity, whether publicly or privately owned or operated on a for-profit or nonprofit basis, which is generally accessible to the public, including, but not limited to: a theater or concert hall; public library; museum or art gallery; bar; restaurant or other establishment where the principal business is the sale of food for consumption on the premises, including the bar area of the establishment; garage or parking facility; any public conveyance; any facility used for the holding of sporting events; or recreational facility.
PUBLIC PLACE
Means any place to which the public has access that is not privately owned; or any place to which the public has access where alcohol consumption is not allowed, including, but not limited to, a public street, road, thoroughfare, sidewalk, bridge, alley, plaza, park, playground, swimming pool, shopping area, public transportation facility, vehicle used for public transportation, parking lot, public library, or any other public building, structure, or area, including beach area.
[Added 5-26-2021 by Ord. No. 1201-21]
No person shall engage in the smoking, vaping, or aerosolizing of cannabis in a public place or indoor public place as defined in this section. It shall also be unlawful for any person who is of legal age to consume, other than by smoking, vaping, or aerosolizing, a cannabis item available for lawful consumption pursuant to the "New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act," P.L. 2021, c. 16 (C.246I-31 et al.) in any public place or indoor public place.
[Added 5-26-2021 by Ord. No. 1201-21]
All cannabis establishments, cannabis distributors, or cannabis delivery services are hereby prohibited from operating anywhere in the City, except for the delivery of cannabis items and related supplies by an outside delivery service.
[Added 5-26-2021 by Ord. No. 1201-21]
"No smoking, vaping, aerosolizing, or otherwise consuming cannabis or cannabis items" signs adequately providing notice of the prohibition on the smoking, vaping, aerosolizing, or otherwise consuming of cannabis or cannabis items shall be clearly, sufficiently, and conspicuously posted in all public places affected by this section. Such signs shall also indicate that violators are subject to the penalty provisions of this section.
[Added 5-26-2021 by Ord. No. 1201-21]
Pursuant to N.J.S.A. 26:3D-65(a) and Section 46 of the New Jersey Cannabis Regulatory, Enforcement Assistance, and Marketplace Modernization Act, any person who violates this section by smoking, vaping, aerosolizing, or otherwise consuming cannabis or cannabis items in a public place or indoor public place is subject to a civil penalty of up to $200, which shall be recovered in a civil action by a summary proceeding in the name of the municipality pursuant to the "Penalty Enforcement Law of 1999," (P.L. 1999, c. 274) (C. 2A:58-10 et seq.).
[Added 3-27-2024 by Ord. No. 1285-24]
Municipal offices, work areas, break rooms, storage areas and other such areas not open to the public, located in, or adjacent to any municipally owned property, leased, or controlled by the City of Wildwood shall be secured against public entry for the purpose of protecting documents, digital data and other written, copied or printed materials, displayed on computer terminals or screens, that are not subject to the Open Public Records Act, which may include, but are not limited to, personally identifiable information that is protected by the Statutes of the State of New Jersey and the Federal laws of the United States and to provide a productive, safe and secure work environment in which City officials and employees can perform their official duties and responsibilities unimpeded or disturbed by intrusion or disruption.
[Added 3-27-2024 by Ord. No. 1285-24]
All persons entering into or onto City owned property, buildings, structures, and facilities, shall be subject to the following conditions upon entering onto, into or remaining in any such property, building, structure or facility.
a. 
All persons shall have access only to areas that are open to the public and shall not proceed past any posted sign as provided for herein and shall not enter before such time that the property, building, structure, or facility has been opened to the public, or remain therein after such property, building, structure, or facility has been closed to the public.
b. 
All persons entering into or on City property, buildings, structures, and facilities, shall comply with the directions of any City employee, official, or agent to immediately leave any area that has been designated as a restricted area, and to immediately relocate to nearest public area. Such directions, notwithstanding any posted signage, shall constitute notice of violation of the conditions of entry imposed upon persons of the public.
[Added 3-27-2024 by Ord. No. 1285-24]
Certain Municipal office areas, storage rooms, and workstations within the City of Wildwood have been and may be secured and closed to the public for the purposes set forth within this section in an effort to ensure the security of documents, digital data, and other written, copied, and/or printed materials that may contain confidential information that is protected by federal, state, and/or local laws.
[Added 3-27-2024 by Ord. No. 1285-24]
The City shall post signs outside of those restricted offices, storage rooms, and work areas that read, "Authorized Personnel Only", "Restricted Area" or other words to that effect to memorialize that general public access is prohibited.
[Added 3-27-2024 by Ord. No. 1285-24]
Any person violating or failing to comply with any of the provisions of this section shall be subject to prosecution pursuant to N.J.S.A. 2C:18-3.
Added 8-14-2024 by Ord. No. 1298-24
The legislative findings and declarations that are set forth in N.J.S.A. 2A:170-51.5 et seq. regarding public health hazards that are caused by tobacco smoke and electronic smoking devices are incorporated herein by this reference as if set forth at length.
[Added 8-14-2024 by Ord. No. 1298-24]
All definitions of words and terms that are set forth in the N.J.S.A. 2A:170-51.6 are incorporated herein by this reference thereto. Additionally, the following terms shall have the meanings indicated:
CHARACTERIZING FLAVOR
A distinguishable flavor, taste, or aroma, including, but not limited to, any fruit, candy, menthol, mint, chocolate, vanilla, honey, cocoa, wintergreen, dessert, alcoholic beverage, herb, or spice flavoring, that is imparted prior to or during consumption by an electronic smoking device, tobacco product, or other related product, including electronic liquid, or any smoke, aerosol, or vapor emanating from that device or product. An electronic smoking device, any cartridge, or other component of the device or other related product, including liquid nicotine, shall be deemed to have a characterizing flavor if the device, cartridge, component, or related product is advertised or marketed as having or producing any such distinguishable flavor, taste or aroma. No tobacco product shall be determined to have a characterizing flavor solely because of the use of additives or flavorings or the provision of ingredient information.
CIGARETTE VENDING MACHINE
A machine capable of dispensing either tobacco product or electronic smoking devices, or both, when a coin, bill, or token is inserted, or a credit card or means of electronic payment is processed.
CODE ENFORCEMENT OFFICER
The City of Wildwood Code Enforcement Official and his/her authorized designee(s).
COMPONENT or PART
Any software or assembly of materials intended or reasonably expected to alter or affect the electronic smoking device's performance, composition, characteristics, and ingredients.
DISTINGUISHABLE
Perceivable by either the sense of smell or taste.
ELECTRONIC LIQUID
Ingredients, liquids, gels, oil(s), waxes and powders, including, but not limited to, those which may contain nicotine and THC, and which may be aerosolized or vaporized when using an electronic smoking device.
ELECTRONIC SMOKING DEVICE
A device that can be used to deliver aerosolized or vaporized nicotine to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. "Electronic smoking device" includes any component, part, or accessory of such a device, whether or not sold separately, and includes any substance intended to be aerosolized or vaporized during the use of the device.
LICENSE YEAR
A calendar year beginning on May 1 and ending on April 30 of the subsequent year.
LIQUID NICOTINE
Any solution containing nicotine, which is designed or sold for use with an electronic smoking device.
LIQUID NICOTINE CONTAINER
A bottle or other container of a liquid, wax, oil, or gel, or other substance containing nicotine, where the liquid or other contained substance is sold, marketed, or intended for use in an electronic smoking device. "Liquid nicotine container" does not include a liquid or other substance containing nicotine in a cartridge that is sold, marketed or intended for use in an electronic smoking device, provided that such cartridge is prefilled and sealed by the manufacturer, with the seal remaining permanently intact through retail purchase and use; is only disposable and is not refillable; and is not intended to be opened by the consumer.
MANUFACTURER
Any person, including any repacker and/or relabeler, who compounds, modifies, mixes, manufactures, fabricates, assembles, processes, labels, repacks, relabels or imports electronic smoking devices or electronic liquid.
NICOTINE
The chemical substance nicotine, whether derived from the natural tobacco leaf or synthesized in a laboratory. "Nicotine" shall also include any synthesized chemical designed to mimic the effects of nicotine derived from the natural tobacco leaf, without regard to the bioavailability of the chemical. The inclusion of synthesized nicotine in liquid nicotine shall create a rebuttable presumption that its inclusion was intended to mimic nicotine found in natural tobacco leaf.
RETAIL ELECTRONIC SMOKING DEVICE ESTABLISHMENT
Any establishment that sells, distributes, gives, offers, or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine. If a retail electronic smoking device establishment also engages in the sale of tobacco products, it shall also qualify as a tobacco retailer, and be subject to all federal, state and local laws applicable to tobacco retailers.
SELF-SERVICE DISPLAYS
A display or display shelves designed for the customer to serve oneself without the aid of a sales clerk and where the customer is required to pay the cashier upon leaving.
SMOKE or SMOKING
Inhaling, exhaling, burning, or carrying any lighted or heated cigar, cigarette, or pipe, or any other lighted or heated tobacco, nicotine, or plant product intended for inhalation, including hookah, marijuana, or cannabis, whether natural or synthetic. Smoking also includes the use of an electronic smoking device.
TOBACCO PRODUCT
Any product that is made from or derived from tobacco, or that contains nicotine, that is intended for human consumption or is likely to be consumed, whether smoked, heated, chewed, absorbed, dissolved, inhaled or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, snus, or oral nicotine products. "Tobacco product" also means electronic smoking devices and any component or accessory used in the consumption of a tobacco product, such as filters, rolling papers, pipes, and substances used in electronic smoking devices, whether or not they contain nicotine.
TOBACCO RETAILER
Any person or entity that operates a store, stand, booth, concession, or place at which sales of tobacco product are made to purchasers for consumption or use, and shall also mean a person or entity that owns or operates tobacco product vending machines. If a tobacco retailer also sells, distributes, gives, offers, or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine, it shall also qualify as a retail electronic smoking device establishment, and be subject to all federal, state and local laws applicable to retail electronic smoking device establishment.
Added 8-14-2024 by Ord. No. 1298-24
a. 
Only retail electronic smoking device establishments licensed by the City shall sell and/or manufacture electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
b. 
A business which, as of the date of passage of this section, sells and/or manufactures electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine, shall obtain a license from the City on or before May 1, 2024, in tandem with any mercantile license required for operation.
[Added 8-14-2024 by Ord. No. 1298-24]
In addition to the requirements set forth in this section, retail electronic smoking device establishments must also comply with any and all federal, state and local laws, ordinances, rules, and regulations including, without limitation, N.J.S.A. 2A:170-51.12, and any bans on products with characterizing flavor(s).
[Added 8-14-2024 by Ord. No. 1298-24]
No person shall sell, distribute, or give electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine to any person under the age of 21 years. Each retailer selling or distributing electronic smoking devices shall verify the age of the purchaser by means of valid government-issued photographic identification that contains the date of birth.
[Added 8-14-2024 by Ord. No. 1298-24]
a. 
No person shall sell, distribute, or give electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine in the City unless an employee of the establishment controls the sale of such product through direct, face-to-face exchange between the retailer and the consumer. Self-service displays and vending machines for the sale of electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine shall be prohibited.
b. 
No retail electronic smoking device establishment shall distribute, or cause to be distributed, any samples or permit sampling of electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine.
c. 
No retail electronic smoking device establishment shall use any device to mask or conceal any characterizing flavor of any electronic liquid and/or tobacco product.
d. 
A retailer of electronic liquid containers must comply with provisions of N.J.S.A. 2A:170-51.9 et seq., governing child-resistant containers, as may from time to time be amended or supplemented.
[Added 8-14-2024 by Ord. No. 1298-24]
a. 
No person shall conduct, maintain, or operate a retail electronic smoking device establishment without first obtaining a license from the City. License applications will be available from the City Clerk.
b. 
No person shall be issued a license under this section unless they have a valid mercantile license and/or any other such approvals, licenses or certifications required by local or state law.
c. 
The fee for a retail electronic smoking device establishment license shall be $500.00, which shall be paid annually.
d. 
Licenses issued under the provisions of this section shall last for one calendar year beginning on May 1 and expiring on April 30 of the subsequent year.
e. 
Applications for license renewal shall be submitted to the City no less than 60 days prior to expiration.
f. 
At the time of the initial application and any subsequent renewals, the applicant or the licensee shall:
1. 
Disclose if they are also a manufacturer or distributor of electronic smoking devices and if that part of their business is conducted or takes place at the retail electronic smoking device establishment or another location(s).
2. 
Provide contact information for the manufacturer or distributor or other business(es) where electronic smoking devices, components or parts, electronic liquid, and/or liquid nicotine are purchased.
g. 
Licenses shall be posted in a conspicuous location where they may be readily observed at eye level by all patrons before or immediately upon entering the establishment. No portion of the license shall be obstructed from view during display.
h. 
It shall be unlawful for any person to erase, cancel, deface, or alter a license once it has been issued by the City.
i. 
The owner or person in charge of an establishment shall permit any City official, inspector, or police officer who has presented proper identification to fully examine any operation and license issued under this section.
j. 
Licenses and/or permits are not transferable and are not prorated. Any establishment that changes ownership or tenancy must submit a new application and receive a new license and/or permit prior to the opening of the establishment.
[Added 8-14-2024 by Ord. No. 1298-24]
a. 
The Code Enforcement Officer or any duly appointed law enforcement officer shall have the right to inspect any retail electronic smoking device establishment as often as he/she deems it necessary.
b. 
All parts of the establishment shall be made accessible to the Code Enforcement Officer or any duly appointed law enforcement officer.
c. 
It shall be unlawful for any licensee or his/her employee to hinder, impede, or fail to allow the Code Enforcement Officer or any duly appointed law enforcement officer needing to perform an inspection access to all areas of the establishment.
[Added 8-14-2024 by Ord. No. 1298-24]
a. 
Licenses issued under this section may be revoked or suspended by the Code Enforcement Officer, pending a formal hearing before the Hearing Office, for the following causes:
1. 
Fraud, misrepresentation, or false statement in the application for the establishment license.
2. 
Fraud, misrepresentation, or false statement made while operating the licensed business in the City.
3. 
Conducting the licensed business within the City in an unlawful manner or in such a manner as to constitute a menace to the health, safety, or general welfare of the public.
4. 
An existing or threatened menace to the public health as determined by the Code Enforcement Officer.
5. 
The owner and/or operator or any employee refuses to permit, hinders, or obstructs the Code Enforcement Officer or any duly appointed law enforcement officer to inspect the premises or the operations therein.
6. 
Any establishment convicted of more than two violations in one licensing year, or having five total violations at any time, is subject to permanent license revocation.
b. 
A person, firm, corporation, or other entity whose license has been revoked shall close the establishment and request all patrons to vacate the premises.
c. 
Any person who is denied the issuance of a license or whose license has been suspended and/or revoked shall be entitled to a hearing before the City Hearing Officer within a reasonable time not to exceed 45 days from the date of said denial, suspension or revocation, for the purpose of seeking reinstatement or issuance of a license. Such appeal shall be in writing and filed with the City Clerk. The notice of appeal filed with the City Clerk shall contain the name, telephone number and email address of the person filing the appeal as well as the licensee, if applicable, a copy of any prior application(s), notices, suspensions and/or other documents concerning the license and a brief statement outlining the grounds for appeal.
d. 
Upon receipt of such appeal, the City Clerk shall notify the Administrator and City Solicitor of such filing and the City Clerk shall forward a copy of the appeal notice to the Hearing Officer, who shall schedule a hearing on such appeal not sooner than 10 nor later than 30 business days following the filing. At the hearing, the licensee shall have an opportunity to answer and may thereafter be heard; and upon due consideration and deliberation by the City Hearing Officer, the complaint may be dismissed; or if the Hearing Officer concludes that the charges have been sustained and substantiated, it may deny reinstatement of the license and stipulate the conditions required for reinstatement of the license.
e. 
Following the hearing, the Hearing Officer shall submit their findings and conclusions of law to the Board of Commissioners within 15 days of the conclusion of the hearing. The Board of Commissioners shall make a final determination by resolution and may, in its discretion, accept, reject of modify the findings and recommendations of the hearing officer.
f. 
If any such license shall have been revoked, neither the holder thereof nor any person acting for him, directly or indirectly, shall be entitled to another license to carry on the same business within the City, unless the application for such license shall be approved by the governing body. The City may consider prior revocations and/or suspensions when considering subsequent applications for a particular owner and/or licensee.
[Added 8-14-2024 by Ord. No. 1298-24]
The provisions set forth under this section shall be enforced by the Code Enforcement Officer or any duly appointed Law Enforcement Officer.
[Added 8-14-2024 by Ord. No. 1298-24]
Any person who violates any provision of this section shall, in addition to revocation or suspension of license as provided for herein, be subject to the following:
a. 
A fine of not less than $1,000.00 for the first offense, $1,500.00 for the second offense, and $2,000.00 for the third and each subsequent offense.
b. 
These penalties are in addition to any penalties that may be imposed, including, but not limited to, penalties imposed by N.J.S.A. 2C:33-13.1 et seq. and N.J.S.A. 2A:170-51.4.
c. 
The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
d. 
The violation of any provision of this section shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.