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.
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.
Whenever any police officer shall, in the exercise of reasonable
judgment, decide that the presence of any person in any public place
is causing or is likely to cause any of the conditions enumerated
in subsection 3-1.2, or cause a violation of any other municipal ordinance,
he may, if he deems it necessary for the preservation of the public
peace and safety, order that person to leave that place. Any person
who shall refuse to leave after being ordered to do so by a police
officer shall be guilty of a violation of this section.
No parent or guardian of a minor under the age of 18 years shall
knowingly permit that minor to loiter in violation of this section.
Whenever any minor under the age of 18 years is charged with
a violation of this section, his parent or guardian shall be notified
of this fact by the chief of police or any other person designated
to give such notice.
If at any time within 30 days following the giving of notice as provided in subsection 3-1A.5, the minor to whom such notice relates again violates this section, it shall be presumed in the absence of evidence to the contrary that the minor did so with the knowledge and permission of his parent or guardian.
[Amended 10-22-2014 by Ord. No. 1016-14]
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.
The definitions of N.J.S.A. 40:48-2.52 are incorporated herein.
In the interest of public safety it shall be unlawful for any
juvenile to loiter, idle, wander, stroll, play or remain in any public
place, as well as all public or quasipublic places, either on foot
or in any vehicle, between the hours of 1:00 a.m. and 6:00 a.m.
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.
Such conduct
is in furtherance of transit to or from a lawful activity which has
been specifically permitted by a parent or guardian;
3.
Such conduct
is in furtherance of transit to or from employment, an extracurricular
activity or an activity sponsored by a religious or community-based
organization; and/or
4.
Such conduct
is in furtherance of receiving necessary medical attention or seeking
protection or shelter from any harm or danger.
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.
Violators of the herein provisions shall be required to perform
a mandatory sentence of community service of a nature and duration
as prescribed by the court, and shall be subject to a fine of not
less than $100 and not more than $1,000.
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.
This section shall become effective 20 days from final passage
into law.
It shall be unlawful for any person under the legal age who,
without legal authority, knowingly possesses or knowingly consumes
an alcoholic beverage on private property.
Any person violating the provisions of this section shall, in
accordance with the provisions of N.J.S.A. 40:48-1 as amended, be
punished by a fine of two hundred fifty ($250.00) dollars for a first
offense and three hundred fifty ($350.00) dollars for any subsequent
offense.
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.
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.
GUARDIAN
RELATIVE
As used in this subsection, the following terms shall have the meaning
set forth:
Shall mean a person who has qualified as a guardian of the
underage person pursuant to a testamentary or court appointment.
Shall mean the underage person's grandparent, aunt or uncle,
or any other person related by blood or affinity.
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.
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 throw or deposit any commercial or noncommercial
handbill in or upon any private premises which is temporarily or continuously
vacant.
No person shall post or affix any notice, poster or other paper
or device, calculated to attract the attention of the public, to any
lamp post, public utility pole or shade tree, or upon any public structure
or building, except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private
property within the city, whether owned by that person or not, except
that the owner or person in control of private property may maintain
authorized private receptacles for collection of litter in a manner
that litter will be prevented from being carried or deposited by the
elements upon any public place or upon any private property.
The owner or person in control of any private property shall
at all times maintain the premises free of litter. This subsection
shall not prohibit the storage of litter in authorized private receptacles
for collection.
No person shall throw or deposit litter on any open or vacant
private property within the city, whether owned by such person or
not.
The building inspector is authorized and empowered to notify
the owner of any private property, occupied or vacant, within the
city, or the agent of the owner, to properly dispose of litter on
his property. The notice shall be by registered mail addressed to
the owner or agent at his last known address and shall state the acts
to be performed, as well as the penalty for failure to comply with
the notice.
If the owner or agent to whom notice is sent neglects or refuses
to comply with the notice within ten days after receipt of it, the
building inspector shall arrange to perform the acts required by the
notice at the cost of the city. He shall certify the cost to the board
of commissioners, who shall examine the certificate and, if found
correct, shall cause the cost shown on the certificate to be charged
against the land from which the litter was removed. The cost shall
be added to the taxes next assessed and levied upon the property in
question. The cost shall bear interest at the same rate as taxes and
be collected by the same offices and in the same manner as taxes.
The provisions of this section shall be enforced by the Police
Department of the City of Wildwood and other authorized enforcement
officials of the City of Wildwood.
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed five hundred
($500.00) dollars for each offense.
[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:
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.
No person shall store, or permit to be stored, on any land owned
by him or under his control any derelict motor vehicle.
Any motor vehicle found abandoned within the City of Wildwood
may be taken in possession by any police officer of the city, and
thereafter disposed of in the manner provided by R.S. 39:10A-1, et
seq. The owner of record of any abandoned vehicle impounded by the
City of Wildwood Police Department shall be assessed a fine of not
less than two hundred fifty ($250.00) dollars.
Any illegally parked motor vehicle, abandoned vehicle and/or derelict vehicle may be towed at the direction of any City of Wildwood police officer and impounded on the police parking lot, the lot of the firm that has contracted with the City of Wildwood to tow motor vehicles or such other lot as designated by the director of public affairs and public safety. A tow charge will be assessed to the owner of each towed vehicle as per towing section 18-9. There shall be no responsibility and/or liability on the part of the City of Wildwood to pay any tow truck operator that is called to remove an illegally parked motor vehicle, abandoned vehicle, derelict vehicle and/or accident damage vehicle in any of the cases set forth herein.
This section shall not apply to:
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.
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.
Any merchandise, ware, article, product, comestible, or commodity
of any kind or class produced, distributed or offered for retail sale,
for consumption by individuals other than at the retail establishment
or for use by individuals for purposes of personal care or in the
performance of services within the household and which is consumed
or expended in the course of such use, and/or public and private parking
facilities for which a fee is charged.
The director of the division of consumer affairs and the
department of law and public safety.
The retail price of a consumer commodity expressed per such
unit of weight, standard measure or standard count as the director
shall designate by regulation.
Any natural person, partnership, corporation, or other organization
engaged in the sale, display or offering for sale of consumer commodities
at retail from one or more retail establishments.
No person shall expose or offer for sale at retail any consumer
commodities, except as specifically exempted by the director, unless
such consumer commodities shall be plainly marked by stamp, tag, label
or sign at the point of display with the price per measure of such
consumer commodity.
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.
The provisions of this section shall not apply to public aircraft
of the federal government, or of a state or territory, or of apolitical
subdivision of a state or territory, or to aircraft licensed by a
foreign country with which the United States has a reciprocal agreement
covering operation of such aircraft.
Except while taking off or landing at an established landing
field or airport, no person, firm or corporation shall fly or permit
any aircraft to be flown within the corporate limits of the City of
Wildwood, except at a height sufficient to permit a reasonable safe
emergency landing, which in no case shall be less than 1,000 feet,
provided that the provisions of this subsection may be deviated from
when special circumstances render a landing or departure necessary
to avoid immediate danger or when such landing or departure is required
because of stress or weather conditions or other unavoidable cause.
No person shall operate any aircraft within or over the corporate
limits of the City of Wildwood unless such person has first been issued
an airman certificate by the Federal Aviation Administration, and
unless such aircraft shall have first received a certificate of airworthiness
from the Federal Aviation Administration.
No person shall operate any aircraft over or within the city
in violation of any valid air traffic or other rule or regulation
established by the Federal Aviation Administration.
Acrobatic flying by any person flying over any portion of the
city is hereby prohibited.
Except in case of emergency, no person shall land any aircraft
within the corporate limits of the city except upon a regularly established
airport field, or landing place, provided, however, that the provisions
of this subsection may be deviated from in order to facilitate the
landing or departure of any authorized federal, state or county agency
or official in the performance or the exercise of official functions,
or to promote the public safety, public welfare, emergency evacuation
or for health considerations in which latter event such landing or
departure shall be by permission of the public health officer of the
city in his sole discretion; or to promote a community function in
the sole discretion of the governing body of the city.
All aircraft when flying within or over the corporate limits
of the city at night shall have lights and other equipment required
for such flying by the rules, regulations or orders of the Federal
Aviation Administration.
Unnecessary noise by operators of aircraft within or over the
corporate limits of the city is hereby prohibited.
No person in any aircraft shall cause or permit to be thrown
out, discharged or dropped within the corporate limits of the city,
any object or thing, except loose water or loose sand ballast when
absolutely essential to the safety of the occupants of the aircraft
and except as provided in subsection 13-14.11 of this section.
No person shall make exhibition flights by carrying banners
on, distribute circulars from, or operate a loud speaking device from
any aircraft flying within or over the corporate limits of the city
without first obtaining a permit to do so from the city clerk, and
payment of a permit fee of five ($5.00) dollars for each flight. The
city clerk shall issue such permit if the person who will operate
the aircraft, in carrying out any of the objects named in this subsection,
is duly licensed by the Federal Aviation Administration, and the safety
or lives of the inhabitants of the city will not be endangered by
the proposed flight. Provided that the permits provided for in this
subsection may be issued by the city clerk for periods of not longer
than six months, rather than for individual flights, if the safety
or lives of the inhabitants of the city will not be endangered by
such permit and a permit fee of twenty-five ($25.00) dollars is paid.
Provided that such six months' permit shall be revoked by the director
of traffic upon violation of any provision of this section.
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.
For purposes of this section, shall be construed to mean
any placement or injection, by means of penetrating instruments or
in any other manner, of chemicals, substances, dyes, or other materials
upon or beneath the surface of the skin of a human being for the purpose
of marking, decoration, or other permanent or temporary alteration
of the appearance of the skin surface.
It shall be unlawful for any person to tattoo a human being
or for any person, firm or corporation to conduct the business of
tattooing within the City of Wildwood, except that tattooing may be
performed in the city for medical purposes by a physician licensed
to practice medicine in the State of New Jersey.
Any person, firm or corporation violating the provisions of this section shall be subject to the penalty provisions contained in section 3-12, Penalty of The Revised General Ordinances of the City of Wildwood, 1968.
It shall be unlawful for any person to sell, exchange, give
or loan or permit to be sold, exchanged, given or loaned, any pressurized
can containing paint or dye to any person under the age of 18 years,
unless such person be the parent or legal guardian of such person
under the age of 18 years. It shall be unlawful for any person under
the age of 18 years to purchase any pressurized can containing paint
or dye.
It shall be unlawful for any person under the age of 18 years
to have in his or her possession any pressurized can containing paint
or dye while on the public highway, street, boardwalk, park, playground
or other public place, whether such person is or is not in any automobile,
vehicle or other conveyance.
It shall be unlawful for any person to place graffiti upon any
public property or upon the private property of another by any means
whatsoever.
Graffiti is defined as follows: writing, printing or placing,
with paint or dye, figures, letters, words or sentences upon the property
of another, without the express permission of the owner of such property.
Any person who violates subsection 3-16.3 of this section shall be responsible for cleaning, repairing, painting and otherwise restoring the property which he or she has damaged to the condition in which it was found prior to such violation.
No owner of real property situate in the City of Wildwood shall
permit the existence of graffiti upon any structure owned by him.
The city shall provide notice of the existence of said graffiti to
the property owner. Said notice shall be made by mailing the same
by certified mail, postage prepaid at his address as shown on the
last tax duplicate of the city. If the owner is unknown, the notice
shall be published in a newspaper circulating in the City of Wildwood
at least once and not less than ten days before the hearing date.
Notice to the owner or owners of several distinct parcels of real
estate may be inserted in the same publication, the property owned
shall then have ten days to clean, repair, paint and otherwise restore
the property which contains such graffiti to the condition in which
it was found prior to such graffiti being placed upon such property.
In the event that the property owner fails to effectuate the required
restoration, then the mayor or his designated hearing officer shall
conduct a hearing so that the property owner may be given an opportunity
to present evidence concerning the non-existence of said graffiti.
The date of said hearing shall be set forth in advance in the notice
referred to above, but in no event shall be less than ten days nor
more than 15 days from the date of said notice. Should the owner of
such property either fail to appear at such hearing or should the
owner of such property appear at such hearing but fail to prevail
with regard to the factual determination which is made by the hearing
officer concerning the existence of graffiti upon the subject property,
then the city shall proceed, on the 15th day following such hearing
date to arrange to remove the graffiti and shall charge the owner
the actual amount required to be expended by the city for such removal.
Upon a determination by the hearing officer that any property situate within the City of Wildwood is in violation of this section, and upon failure of the owner thereof to remove the graffiti before the 15th day following the hearing date at which said determination is made by the hearing officer, the owner thereof shall be in violation of this section and shall be subject to all of the penalties provided in subsection 3-16.10 hereof.
Upon the written request of the director of public safety, the
mayor may authorize payment of a reward of one hundred ($100.00) dollars
to any person who provides information or assistance leading to the
apprehension and conviction of any person violating any subsection
of this section. No reward may be authorized and/or paid, however,
to any public employee whose duty it is to investigate or to enforce
this section.
It shall be unlawful for the parents, legal guardian or other
person having custody and care of any person under the age of 18 years
to assist, aid, abet, allow, permit or encourage said minor to violate
the provisions of any subsection of this section, either by words,
overt act, by failing to act, or by lack of supervision and control
over said minor child. The parents, legal guardian or other person
having custody and care of any person under the age of 18 years who
shall violate any subsection of this section shall be subject to all
of the penalties which are provided herein, as if said parents, legal
guardian or other person having such custody and care were the actor
who actually violated such subsection of this section.
No mercantile license shall be issued to any person, persons
or corporation seeking to operate any business which requires the
issuance of such license if the applicant therefore seeks to locate
the same in a building upon which graffiti has been placed.
Any person who violates any subsection of this section shall,
upon conviction thereof, be subject to imprisonment not exceeding
90 days and/or a fine of not less than one hundred ($100.00) dollars
nor more than one thousand ($1,000.00) dollars. Each day that any
violation of any subsection of this section shall exist shall constitute
a separate offense and shall be charged as a separate offense by the
issuance of additional process.
The administrative and legislative branches of the government
of the City of Wildwood shall endeavor to have the municipalities
which are situate in close territorial proximity within the City of
Wildwood adopt legislation prohibiting the conduct which this section
deems unlawful.
[Amended 3-11-2020 by Ord. No. 1163-20; 7-27-2022 by Ord. No. 1237-22. Prior history includes Ordinance Nos. 208-88; 229-89;
614-04.]
This section shall be known and may be cited as the "City of
Wildwood Recycling Program Ordinance."
[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:
Flatly stacked cardboard tied securely with twine or consolidated
into one box not exceeding 30 lbs in weight.
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.
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.
Shall mean the owner, agent, tenant, lessee, caretaker or
any other person in charge of any premises in the City of Wildwood.
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.
Container constructed of plastic or metal with a lid designed
to handle refuse that is leak proof.
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.
Shall mean any human or pet waste, litter, trash, garbage,
rubbish, debris, contaminant, pollutant, waste liquid, or other discarded
materials.
The process by which recyclable materials are separated at
the point of generation.
Recyclable materials which are separated at the point of
generation.
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:
Shall mean any description, narrative account, display, or
depiction of a specified anatomical area or specified sexual activity
contained in, or consisting of, a picture or other representation,
publication, sound recording, live performance or film, which by means
of posing, composition, format or animated sensual details, emits
sensuality with sufficient impact to concentrate prurient interest
on the area or activity.
Shall mean material which is published with a fixed interval
between the issues or numbers, such as a newspaper or magazine.
Shall mean material which is placed before the public on
a sporadic, irregular or single instance, even though for an extensive
period of time, such as a billboard, poster or picture which may be
imprinted on paper, wood, metal, a garment or any other visible material.
Shall mean any person who operates a store, newsstand, booth,
concession or similar business with unimpeded access for persons under
18 years old, who is in the business of making sales of periodicals
or other publications at retail containing pictures, drawings or photographs.
It shall be a petty disorderly persons offense for a retailer
to display or permit to be displayed at his business premises any
obscene material as defined in this section without a blinder or other
covering placed or printed on the front of the material displayed.
Public display of obscene material as defined in this section
shall constitute presumptive evidence that the retailer knowingly
made or permitted the display.
Any retailer who violates any section of this Ordinance shall,
upon conviction thereof, be subject to imprisonment not exceeding
30 days and/or a fine of not more than five hundred ($500.00) dollars.
In accordance with the provisions of and pursuant to the authority
of L. 1988, c. 44 (C. 2C:35-7) the drug-free zone map dated August
20, 1987 and revised December 16, 1987, prepared by the municipal
engineer, is hereby approved and adopted as an official finding and
record of the location and areas within the municipality of property
which is used for school purposes and which is owned by or leased
to any elementary or secondary school or school board, and of the
areas on or within 1,000 feet of such school property.
The drug-free school zone map approved and adopted pursuant to subsection 3-19.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within 1,000 feet of property owned by or leased to any elementary or secondary school or school board which is used for school purposes, until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of school property and drug-free school zones.
The school board, or the chief administrative officer in the
case of any private or parochial school, is hereby directed and shall
have the continuing obligation to promptly notify the municipal engineer
and the municipal attorney of any changes or contemplated changes
in the location and boundaries of any property owned by or leased
to any elementary or secondary school or school board and which is
used for school purposes.
The clerk of the municipality is hereby directed to receive and to keep on file the original of the map approved and adopted pursuant to subsection 3-19.1 of this section, and to provide, at a reasonable cost, a true copy thereof to any person, agency or court which may, from time to time, request such a copy, along with a certification that such copy is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of the section shall be provided, without cost, to the county clerk and to the office of the Cape May County Prosecutor; and filed with the clerk of the municipal court.
The following additional matters are hereby determined, declared,
recited and stated:
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.
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:
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.
[Amended 5-24-2017 by Ord. No. 1073-17; 9-12-2018 by Ord. No. 1123-18; 5-12-2021 by Ord. No. 1198-21]
[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:
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.
Means the elevated public pedestrian walkway constructed
over the municipal right of way.
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.
Means N.J.S.A. 26:3D-55 et seq. and any amendments thereto.
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.
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.
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.
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]
It shall be unlawful for any person or persons to smoke on the
beach, and the paths leading to the beach, or in parks except as provided
for herein.
[Amended 5-12-2021 by Ord. No. 1198-21]
Smoking shall be prohibited on the entire boardwalk, and the
ramps and stairs leading to the boardwalk, at all times.
[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]
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.
Owners of shopping carts shall not permit said shopping carts
to be removed from their premises.
It shall be the affirmative duty of all owners of premises which
make shopping carts available to their customers to post signs at
all entrances and exits advising the public that if they remove said
shopping carts from the premises, the owners and the general public
are subject to a fine or imprisonment in accordance with the provisions
of this section.
No persons shall remove a shopping cart from any premises which
makes said shopping cart available to the public without the consent
of the owner or operator of said premises.
Shopping carts, for the purpose of this section shall be defined
as any device apparatus which uses wheels but which shall be made
of metal, wood or otherwise provided by merchants for the carting
or carrying of merchandise from the premises to automobiles or other
places.
Any person or persons who shall violate any provision or provisions
of this section shall be subject to a fine of not less than two hundred
($200.00) dollars and/or imprisonment for a term not to exceed ten
days, in the discretion of the judge of the municipal court.
The City of Wildwood may authorize the department of public
works of said city, or any other agency of the city to remove shopping
carts from the street, avenues, roads, or highways. The owners of
said shopping carts can retrieve said carts upon the payment of a
fee of ten ($10.00) dollars to the Treasurer of the City of Wildwood
for the retrieval and storage. City shall notify the owners of its
possession of the carts that they have removed from the streets. Upon
the failure of the owners to pay the above fee and to pick up the
carts, the city may dispose of them as trash, or any other means they
deem to be appropriate without any further obligation to the owner
of these carts.
It shall be unlawful for any person or corporation to keep within
the limits of the City of Wildwood, the County of Cape May, any cows,
other cattle, horses, pigs, pot-bellied pigs, sheep, goats, roosters
or chickens. Maintaining and allowing any of the aforesaid animals
within the City of Wildwood shall be and is hereby declared to be
a nuisance and shall be subject to the penalties set forth in this
section. This section shall not apply to special events, and/or contracts,
authorized by the board of commissioners.
Any person or persons who shall violate any of the provisions
of this section shall, upon conviction thereof, before a proper officer
having jurisdiction, be subject to a fine in any sum not exceeding
two hundred ($200.00) dollars, at the discretion of such officer before
whom any such person or persons may be tried, and in the default of
the payment of said fine be imprisoned in the city or county jail,
for a term not exceeding thirty (30) days, at the discretion of said
officer, and any repetition of any act herein prohibited on any day
following such conviction, shall be deemed a new offense.
[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.
Shall mean to give, place, expose, deposit, distribute or
scatter any edible material with the intention of feeding, attracting
or enticing wildlife. Feeding does not include baiting in the legal
taking of fish and/or game.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
Shall mean all animals that are neither human nor nondomesticated.
No person shall feed, in any public park, or any other property
owned or operated by the City of Wildwood, any wildlife, excluding
contained wildlife (wildlife contained in zoos, parks or rehabilitation
centers, or unconfined wildlife at environmental education centers).
Any person(s) who is found to be in violation of the provisions
of this section shall be subject to a fine not to exceed five hundred
($500.00) dollars.
For the purpose of this section, the following terms, phrases,
words and their derivations shall have the meanings stated herein
unless their use in the text of this section clearly demonstrates
a different meaning. When not inconsistent with this context, words
used in the present tense include the future, words used in the plural
number include the singular number, and words used in the singular
number include the plural number. The word "shall" is always mandatory
and not merely directory.
Shall mean the placement of yard waste in a trash can, bucket,
bag or other vessel, such as to prevent the yard waste from spilling
or blowing out into the street and coming into contact with stormwater.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this state subject
to municipal jurisdiction.
Shall mean any street, avenue, boulevard, road, parkway,
viaduct, drive, or other way, which is an existing state, county or
municipal roadway, and includes the land between the street lines,
whether improved or unimproved, and may comprise pavement, shoulders,
gutters, curbs, sidewalks, parking areas, and other areas within the
street lines.
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.
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.
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.
Any persons found to be in violation of the provisions of section 3-30 shall be subject to a fine of five hundred ($500.00) dollars.
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.
Shall mean any qualifying calls made to a subject property
which is on probationary nuisance status shall constitute excessive
municipal services.
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.
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.
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.
Alcoholic beverage violations as defined in New Jersey State
Statutes and applicable local ordinances;
Disorderly conduct as defined in the New Jersey Code of Criminal
Justice and applicable local ordinances;
Disturbing the peace as defined in the New Jersey Code of Criminal
Justice and applicable local ordinances;
Excessive noise as defined in applicable local ordinances;
Littering as defined in the New Jersey Code of Criminal Justice
and applicable local ordinances;
Improperly parking a vehicle in violation of Title 39 of the
New Jersey State Statutes and applicable local ordinances;
Possession of a barking or howling animal as defined in New
Jersey State Statutes and applicable local ordinances;
Possession or distribution of a controlled dangerous substance
as defined in the New Jersey Code of Criminal Justice;
Prostitution as defined in the New Jersey Code of Criminal Justice;
Public urination or defecation as defined in the New Jersey
Code of Criminal Justice;
Indecent exposure as defined in the New Jersey Code of Criminal
Justice;
Shall mean a lot used for residential purposes. Once a residential
property has received three qualifying calls within a 60 day period,
the property owner shall receive a written notice that the property
has been placed on probationary nuisance status.
New Jersey State Statutes and applicable local ordinances which
cover the subject matter set forth in the definition for qualifying
calls.
Whenever the public officer has determined that a residential
property or multi-family residential property has had the requisite
number of qualifying calls within a 60 day period, the property owner
shall be sent a written notice that the property is on probationary
nuisance status for the next 12 months. The notice of violation shall
conform to the requirements set forth in this ordinance. Additionally,
the notice of violation shall include the following:
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.
Complaint and hearing shall be conducted in accordance with applicable section(s) of Ordinance No. 767-09 (Section 22-6).
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]
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.
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.).
