[Added 1-13-2021 by Ord. No. 1185-20]
This chapter shall be known as the "Rental Permit Regulations" of the City of Wildwood.
[Added 1-13-2021 by Ord. No. 1185-20]
Unless the context clearly indicates a different meaning, the following words or phrases when used in this chapter shall have the following meaning:
The individual or individuals designated by the owner as the person(s) authorized by the owner to perform any duty imposed upon the owner by this chapter, provided that in order to be an Agent or Managing Agent the individual designated must reside in Cape May County, New Jersey as set forth in N.J.S.A. 46:8-28(c). The term does not include a licensed real estate broker or salesman of the State of New Jersey as those terms are defined by N.J.S.A. 45:15-3; unless such broker or salesperson shall affirmatively consent to act as such agent or managing agent.
Any apartment, cottage, bungalow or other dwelling unit consisting of one or more rooms occupying all or part of a floor or floors in a building of one (I) or more floors or stories, but not the entire building, whether designed with or without housekeeping facilities for dwelling purposes and notwithstanding whether the apartment be designed for residence, for office, or the operation of any industry or business, or for any other type of independent use.
Any building or structure, or part thereof, used for human habitation, use or occupancy and includes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith. Consistent with the definitions contained in the Uniform Construction Code (UCC) and the Uniform Fire Code (UFC), "Building" shall also mean "A structure enclosed with exterior walls or fire walls, built, erected and framed of component structural parts, designed for the housing, shelter, enclosure and support of individuals, animals or property of any kind. When used herein, building and structure shall be interchangeable except where the context clearly indicates otherwise."
The municipal official or employee designated to receive Rental Permit applications and registrations and to issue licenses pursuant to this chapter.
A motel which has been converted to a condominium where the individual dwelling units are rented. If the motel condominium is not inspected by the Department of Community Affairs of the State of New Jersey pursuant to the Hotel and Multiple Dwelling House Act, then each of the units shall be subject to this chapter when offered for rent.
Any room or rooms, or suite or apartment thereof, whether furnished or unfurnished, which is occupied, or intended, arranged or designed to be occupied, for sleeping or dwelling purposes by one or more persons, including but not limited to the owner thereof, or any of his servants, agents or employees, and shall include all privileges, services, furnishings, furniture, equipment, facilities, and improvements connected with use or occupancy thereof. This definition applies only to those Dwelling Units, including single family residences, which are available for lease or rental purposes. Consistent with the definitions contained in the Uniform Construction Code (UCC) and the Uniform Fire Code (UFC) the definition shall also mean "A single unit providing complete, independent living facilities for one or more persons living as a single, housekeeping unit, including permanent provisions for living, sleeping, eating, cooking and sanitation."
See definition of "Visitors."
That person appointed by the governing body of the City of Wildwood for the purpose of hearing complaints and challenges to the status of rental property mercantile licenses, which shall be a New Jersey licensed attorney who does not, and has not for the two calendar years preceding his or her appointment, held or had any interest in any property for which the City of Wildwood has issued a Rental Housing Mercantile License.
Oneself, one's child or child's issue, one's parent or other forbearer, one's sibling and one's spouse or domestic partner.
The list compiled by the City of Wildwood containing various sections of the Code of the City of Wildwood deemed to be of importance to tenants of rental dwelling units. The list shall be laminated and distributed by the City of Wildwood to landlords with each rental permit. The list shall outline relevant portions of the Code of the City of Wildwood pertaining to topics such as noise, trash, alcoholic beverages, rental mercantile licenses, recycling, water, dogs, beach, dunes, and parking.
See definition of "Owner."
The license issued by the City attesting that the Rental Unit has been properly inspected and licensed at required intervals in accordance with this chapter.
Shall be for a maximum term of 12 months as defined in subparagraph 22-1.8.1 of this chapter.
The person to whom the license is issued pursuant to this chapter. The term "Licensee" includes within its definition the term "Agent" or "Managing Agent", where applicable.
See definition of "Agent."
Person who resides in a Rental Unit including, but not limited to, the named Tenant(s). The term shall include residents, overnight visitors and children. The term shall not include those visitors or guests who are not residing therein.
The person who owns, purports to own or exercises control over any building. Consistent with the definitions contained in the Uniform Construction Code (UCC) and the Uniform Fire Code (UFC) "Owner" shall also mean: "The owner or owners in fee of the property or a lesser estate therein, a mortgagee or vendee in possession, an assignee of rents, receiver, executor, trustee, les see or any other person, firm or corporation, directly or indirectly in control of a building, structure or real property and shall include any subdivision thereof of the State."
An individual, firm, corporation, partnership, association, trust or other legal entity, or any combination thereof.
An individual who is licensed by the State of New Jersey as a real estate salesperson, a real estate broker-salesperson, and/or a real estate referral agent, as those terms are defined in the New Jersey Real Estate Brokers and Salesmen Act ("Brokers Act"), N.J.S.A. 45:15-1 to -29.5.
The person who negotiates for the lease of the Rental Unit on behalf of the Owner. Such person shall be the holder of the required license mandated by the State of New Jersey. The Rental Agent is not the Managing Agent under the terms of this chapter unless the Rental Agent should expressly consent to assume such duties or obligations.
A building or structure which contains one or more Rental Units including, but not limited to, Resort Houses. The term "Rental Property" shall not include any property covered by the New Jersey Hotel and Multiple Dwelling Law. N.J.S.A. 55:13A-1, et seq.
Collectively the term Apartment or Dwelling, Building, Dwelling Unit, as defined by this chapter. This definition shall not apply to any single-family home which is not available for rental purposes.
A residentially styled structure that is used, maintained, marketed, promoted and/or advertised as a destination location available for rent, lease or sub-lease for a gathering of invited guests for functions and special events, including, but not limited to, weddings, retreats, family reunions, parties and meetings. A Resort House is a commercial use appropriate only in areas zoned for hotel/motel use and never has been permitted as a legal use under existing ordinance standards. A Resort House is a commercial use and is not a traditional single-family residence and requires more off-street parking in order to accommodate the number of guests. Traditional seasonal rentals as defined in Chapter 22 or bed-and-breakfast establishments, licensed by the City and intended to accommodate not more than 18 persons shall not be considered to be Resort Houses.
Shall have the same meaning as that of "Short Term Rental" but, in addition thereto, shall encompass any rental between May 1 through September 30.
Any lease or tenancy, whether written or oral for any term of less than 175 consecutive days where the tenant(s) has/have a permanent place of residence elsewhere and shall include any tenancy between May 1 and September 30.
Any person who occupies any Rental Unit, as a named lessee, pursuant to the terms of a lease agreement, whether written or oral, or who occupies a Rental Unit pursuant to permission or license of any kind granted by an Owner or Owner's Agent. The term shall be construed liberally to include not only tenants but guests and occupants. The term shall also include sub-tenants.
A person or persons who, on a temporary or occasional basis, visit(s) a Rental Unit at the express or implied invitation of the Tenant(s) but who does/do not reside there or sleep there. The term is the same as "Guests".
[Added 1-13-2021 by Ord. No. 1185-20]
The provisions of any of the several Articles of this chapter shall be enforced by any one or more of the following: the Chief of the Wildwood Police Department, the Fire Chief, Code Enforcement Department, Zoning Official and the Construction Official. All references hereafter in this chapter to the official shall relate to and include the person or persons or his or her designee.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
All Rental Properties located within the City shall be required to be inspected and licensed annually by the City. In addition, all such Rental Properties shall also be registered with either the City Clerk or the State of New Jersey as required in accordance with the Landlord Registration Act, N.J.S.A. 46:8-27 to 46:8-37. No Rental Property or Rental Unit shall be leased or occupied unless a Rental Permit has been issued for the Property or Rental Unit as provided in this chapter.
b.
An application for a Rental Permit shall be made on forms which shall be provided for that purpose by the City Clerk. Such licensing shall be required on an annual basis; that is, at least once in every consecutive twelve-month period or term as provided herein. An application form shall be required for each Rental Unit and a Rental Permit shall be required for each individual Rental Unit.
c.
An application on a form supplied by the City shall be completed and shall contain all of the information, including any attachments which may be required.
d.
All municipal taxes, fire, water and sewer charges and any other municipal assessments are paid on a current basis, that is, paid through the tax quarter immediately preceding the initial application or any renewal thereof.
e.
Prior to the issuance of a Rental Permit, on either an initial application the Rental Unit must first be inspected by the City and pass such inspection.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
An application for a Rental Permit shall be made to the City Clerk on forms provided. The fee for the Rental Permit shall be set forth in the City's Mercantile Ordinance or by way of a resolution by the Board of Commissioners.
b.
The Rental Permit shall only be issued if the application is approved by the City Code Enforcement Department, Fire Chief and Chief of Police.
c.
No inspection of the Rental Unit shall be conducted by the City until such time as the application is deemed complete by the City Clerk.
d.
Upon the filing of an initial application for a Rental Permit, the Rental Unit shall be inspected prior or the issuance of the Rental Permit and such License shall be issued only in the event that the Rental Unit passes such inspection in accordance with procedures set forth herein.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
The application for a Rental Permit shall contain the following information:
1.
The name, address, telephone numbers, both daytime and nighttime, and email of the owner of the dwelling unit and the name, address daytime and nighttime telephone numbers of a contact person for the property. The contact person for the property does not need to be listed if the owner of the property is a Cape May County resident who actually resides in Cape May County for the period of the leasehold or if the property is rented through a real estate agent or real estate agency. The contact person of the property must be a resident of Cape May County for the term of the leasehold. If the owner of the property lists a contact person for the property, the owner must certify on the mercantile license application that the owner has received the approval with the contact person to serve in the capacity.
2.
The address of the dwelling and an exact description of the same, including the name, if any, and the street and number by which the dwelling unit is designated.
3.
A site plan, sketch or visual property lay-out must be provided which clearly shows the building and all rooms and the location, size, entry and exit point points for every sleeping or potential sleeping room or bedroom. Each sleeping or potential sleeping room must be identified by number, as follows: "SR 1," "SR 2," etc. Each entry/exit point which is a doorway must be identified with by "D" and each entry/exit point which is a window which may be opened and through which a person may pass must be identified with a "W".
4.
A statement that the applicant understands that he or she must comply with the rules and regulations of the State of New Jersey and the City of Wildwood and that the premises shall be subject to inspection by the Fire Chief or his/her designee inspector and/or Police Chief or his/her designee officer and/or the housing inspector or his/her designee inspector of the City during reasonable hours in order that said official might ascertain if the dwelling unit complies with the provisions of this chapter. No Rental Permit will be issued if information is not provided on the application.
5.
Each permittee granted a Rental Permit shall be permitted to lease the dwelling unit for which a Rental Permit has been granted.
6.
The exact number of sleeping rooms contained in the dwelling unit and the exact number of sleeping accommodations contained in the dwelling unit shall in accordance with the New Jersey State Housing Code, N.J.A.C. 5:28-1.1 et al.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
The City may deny the issuance of a License or may refuse to renew a Rental Permit in accordance with the provisions of this chapter.
b.
A Rental Permit shall not be issued for any property for which a Rental Permit has been suspended or revoked until the period of suspension or revocation has expired, regardless of any change in ownership of the Property.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
Any application for a Rental Permit, including any renewal thereof, may be denied and any Rental Permit that has been issued pursuant to this chapter may be revoked or suspended for any of the following causes:
1.
Any fraud, material misrepresentation, or false statement contained in the application for license.
2.
Any fraud, material misrepresentation, or false statement made in connection with the leasing of any Rental Unit.
3.
Any violation of this chapter.
4.
Conviction of the licensee of any felony or of a misdemeanor involving moral turpitude.
5.
Conducting the licensed Rental Unit(s) business in any unlawful manner or so as to constitute a breach of the peace or a menace to the health, safety, or welfare of the public, including such conduct when engaged in by the licensee's agents, servants or employees.
6.
Failure of the applicant or Licensee to comply with the conditions required for the issuance of a Rental Permit as set forth in this chapter.
7.
Any grounds which would justify the revocation or suspension of a Rental Permit as specified in Article 2 of this chapter shall also be cause for the denial or any renewal of a Rental Permit.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
Any Person who is denied the issuance of a Rental Permit or any renewal thereof, or who has had a Rental Permit revoked or suspended may appeal such determination administratively to a Hearing Officer appointed by the City in accordance with the procedures set forth in Article IIof this chapter. Such appeal shall be filed not later than 45 days following notification of City action.
b.
Such appeal shall be in writing, with the original filed with the City Clerk, and a copy filed at the same time with the City Clerk. Upon receipt of such appeal, the City Clerk shall notify the Administrator and the City Solicitor of such filing and the City Clerk shall forward a copy of the appeal notice to the Hearing Officer who shall schedule a hearing on such appeal not sooner than 10 nor later than 30 business days following filing. Following a hearing, the Hearing Officer shall submit his/her findings and determination to the Board of Commissioners following the same general procedures outlined in Article 4 of this chapter. The Hearing Officer shall transmit his findings of fact and conclusions of law to the Board of Commissioners within 15 days of the conclusion of the hearing. Board of Commissioners shall make the final determination by resolution and may, in its discretion, accept, reject, or modify the findings and recommendations of the Hearing Officer.
c.
The Municipal Prosecutor or his designee shall represent the City at the hearing of the appeal.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
The notice of appeal to be filed with the City Clerk shall be in writing and shall contain the following:
1.
Name, address, telephone number and email address of the person(s) filing the appeal;
2.
Name, address, telephone number and email address of the Managing Agent, if any;
3.
Location of the Rental Property specifying Block, Lot number and street address;
4.
Number of Rental Units at that location licensed or intended to be licensed;
5.
Specifying the specific grounds for the appeal.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
The Rental Permit shall expire on May 1 of the year subsequent to its issue.
b.
A Rental Permit issued pursuant to his chapter shall not be automatically renewed for subsequent seasons if the Code Enforcement Department, Fire Chief or Chief of Police advise the Clerk prior to January 1 of the calendar year of the new term commencing May 1 not to automatically renew such Rental Permit. In such instance a notice of no-automatic-renewal shall issue to the property owner with instructions on how to request a hearing before the Hearing Officer requesting issuance or renewal of a Rental Housing Mercantile License.
c.
Initial Application. When the City Clerk deems an application for a Rental Permit complete, the Rental Unit shall be inspected and the owner shall be informed of the scheduled date for inspection, which shall be the "Initial Scheduled Inspection Date".
d.
If the Rental Property passes such inspection, the Rental Permit shall be issued and dated as of the date the Rental Unit passes inspection but shall expire as provided in paragraph a, above.
e.
If the Rental Unit fails inspection, a re-inspection will be scheduled. Additional reinspections may be scheduled as circumstances at the Rental Unit may require. A Rental Permit shall be issued and dated as of the date the Rental Unit passes the required inspection but will nevertheless expire as provided in paragraph a, above.
f.
Possession of License Required. No Rental Unit shall be occupied (other than by the owner) until such time as a valid Rental Permit is issued by the City and in the possession of the owner or the owner's agent. On an initial application for a Rental Permit, or pending any renewal application an Owner, Agent, or Realtor may offer the Rental Unit for lease and may negotiate for the lease thereof but the Owner, Agent or Realtor must condition all such negotiations and any lease agreement, whether oral or written, on the Owner's possession of a valid Rental Permit for the subject premises before any actual occupancy of the Rental Unit may occur. If a Rental Unit fails the initial inspection and does not pass a re-inspection before the License expires, such Rental Unit may not be occupied until such time as it passes inspection and the Owner is actually in possession of a valid, current Rental Permit.
[Added 1-13-2021 by Ord. No. 1185-20]
In the event that a property containing one or more licensed Rental Units is sold, assigned or transferred during the license year, the Rental Permit shall be transferable to the new owner.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
Such inspection shall be carried out in accordance with the following:
1.
All Rental Units, including those units inspected by the State of New Jersey pursuant to the New Jersey Hotel and Multiple Dwellings Act, shall be cyclically inspected by the City's Bureau of Fire Prevention, the Local Enforcing Agency (LEA) for the New Jersey Division of Fire Safety to determine compliance with the Uniform Fire Safety Act of the State of New Jersey and the International Property Maintenance Code (IPMC) to the extent that same has been adopted by the City, as well as any other code or codes in effect and applicable at the time of any inspection.
Cross Reference: Units in a building subject to the New Jersey Hotel and Multiple Dwellings Act which are not rented and which are owner-occupied shall be subject to cyclical inspection by the City's Bureau of Fire Safety, the Local Enforcing Agency (LEA) for the New Jersey Division of Fire Safety in accordance with the provisions of Chapter 13A of the Wildwood City Code.
2.
Condominium Units. Each condominium unit constitutes a separate Rental Unit within the meaning of this chapter. Individual condominium units shall be inspected in accordance with paragraph a above.
[Added 1-13-2021 by Ord. No. 1185-20]
In the event that a Rental Unit fails to pass inspection, such unit or units shall not thereafter be occupied and the owner of the property, the Managing Agent or Rental Agent shall not rent or lease such Rental Unit, nor Rental Permit any tenant to occupy such Rental Unit until the unit has passed inspection.
[Added 1-13-2021 by Ord. No. 1185-20]
Each landlord must keep the laminated list provided by the City of Wildwood continuously posted in each tenant dwelling unit. This list must be placed in a conspicuous and visible place in each tenant dwelling unit so as to put the occupants on notice of the existence of the Code of the City of Wildwood. Each landlord must keep at the property a list of tenants then occupying the property with contact phone numbers which may be inspected by the Chief of Police, Fire Chief or Code Enforcement Officer, or his or her designee, upon demand.
[Added 1-13-2021 by Ord. No. 1185-20]
The landlord shall post the laminated list and advise any and all tenants within his/her dwelling unit of the existence of the laminated list and of the terms and conditions set forth therein.
[Added 1-13-2021 by Ord. No. 1185-20]
The tenants in a rental dwelling unit shall not remove the laminated list from the rental dwelling unit.
[Added 1-13-2021 by Ord. No. 1185-20]
The laminated list provided by the City to all landlords with the rental permit is not a complete list of the laws in the City of Wildwood. Said list is for the purposes of advising tenants of some of the existing laws in the City of Wildwood. Failure on the part of the City of Wildwood to list a specific law, Code section or ordinance shall not be a defense to any violation of the Code of the City of Wildwood.
[Added 1-13-2021 by Ord. No. 1185-20]
It shall be a violation of this section for a landlord of a rental dwelling unit to fail to post the laminated list. It shall also be a violation of this section for either the landlord or a tenant to destroy the laminated list or remove said laminated list from the rental dwelling unit. Any person who violates any provision of this chapter shall be liable, upon conviction, to the penalty stated in Chapter 1, Section 1-6 et seq. Each day that a violation occurs shall be deemed as a separate and distinct violation subject to the penalty provisions of this chapter.
[Added 1-13-2021 by Ord. No. 1185-20]
No person, other than the owner, shall hereafter occupy, or attempt to occupy, any Rental Unit, nor shall the owner, Managing Agent or Rental Agent permit occupancy or attempted occupancy of any Rental Unit within the City unless the same has been registered, inspected and licensed in accordance with this chapter.
[Added 1-13-2021 by Ord. No. 1185-20]
Any Landlord who leases a Rental Unit while such unit is unlicensed or who represents to any person, including any tenant, realtor, attorney or other agent that such unit is properly licensed, shall be deemed in violation of this article and subject to the fines and penalties herein. Each day that a tenant shall remain in occupancy of such unlicensed Rental Unit shall be considered a separate and distinct violation of this chapter for which the landlord shall be responsible.
[Added 1-13-2021 by Ord. No. 1185-20]
Any tenant who knowingly leases and/or occupies an unlicensed Rental Unit shall be deemed in violation of this chapter and subject to the fines and penalties included herein. Each day such tenant shall remain in occupancy of such unlicensed premises shall be considered a separate and distinct violation of this chapter.
[Added 1-13-2021 by Ord. No. 1185-20]
Any realtor, attorney or other person who knowingly acts as a representative of the landlord, tenant or both in order to effectuate the leasing and/or occupancy of an unlicensed Rental Unit, shall be deemed in violation of this chapter and subject to the fines and penalties herein provided. The City will, on request, provide to each real estate office a list of all Rental Units which have been licensed.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
Each owner granted a license pursuant to this section shall be permitted to lease or rent the Rental Unit to a maximum specified number of tenants and occupants, including minor children, which number shall not exceed the number which has been computed in accordance with the following:
1.
Every room occupied for sleeping purposes by one occupant shall contain at least the minimum square footage as calculated by the City officials using, the 2018 International Property Maintenance Code.
2.
Rental Units shall not be occupied by more than the maximum number of occupants as determined in accordance with paragraph 1. above.
3.
Prohibited Occupancy. Kitchens, non-habitable spaces and interior public areas shall not be occupied for sleeping purposes.
4.
It shall be unlawful and in violation of this chapter for an owner or tenant of any registered dwelling to allow a number of people greater than the posted maximum number of occupants, which number is to be posted by the permittee, in the registered dwelling. It shall also be unlawful and in violation of this chapter for the permittee to lease a dwelling unit to a number or group of tenants which exceeds the total number of sleeping accommodations which have been set forth in the Rental Permit requested under this chapter. It shall also be unlawful and in violation of this chapter for a tenant of any permittee for a dwelling unit to knowingly permit a number of people greater than the maximum number of occupants as set forth in the Rental Permit to occupy the premises.
5.
For purposes of calculating occupancy capacity, each Rental Unit within a condominium form of ownership is considered a separate Rental Property. (New Jersey Condominium Act, N.J.S.A. 46:8B-1, et seq.)
[Added 1-13-2021 by Ord. No. 1185-20]
a.
Every owner of a rental property or rental unit shall:
1.
Each rental property containing one or more Rental Units must be licensed and inspected, at least annually, by the City in accordance with this chapter.
2.
Comply with the registration requirements of the Landlord Registration Act, N.J.S.A. 46:8-27, et seq., as the same may be amended and supplemented. A completed license application under this chapter shall also serve as a registration pursuant to the New Jersey Landlord Registration Act and the City shall index and file a copy of such license application as required by law. The owner must, however, fully comply with any other requirements of the New Jersey Landlord Registration Act as the same may be amended or supplemented.
3.
Comply with New Jersey State law which requires that owners of Rental Units register such units with either the Municipal Clerk or with the State of New Jersey as follows:
(a)
Owners of one and two Rental Units which are owner occupied are exempt from registration under the "Landlord Registration Act" (N.J.S.A. 46:8-27 et seq.) but shall be required to be licensed by the City pursuant to this chapter.
(b)
Owners of one and two Rental Units which are not owner occupied are required to register such Rental Units with the City Clerk or the Clerk's designee under the "Landlord Registration Act" (N.J.S.A. 46:8-27 et seq.) and shall, in addition, be required to be licensed by the City pursuant to this chapter.
(c)
Owners of three or more Rental Units in a building shall be required to register such units with the State of New Jersey, Department of Community Affairs, Bureau of Housing Inspection, or such other or additional Department, Division or agency as may hereafter be designated by the State of New Jersey. In addition, owners of rental properties containing three or more Rental Units shall also apply for a Rental Permit from the City in accordance with this chapter.
[Added 1-13-2021 by Ord. No. 1185-20]
a.
Each tenant shall:
1.
Be responsible for maintaining the Rental Unit in such manner so as to avoid and prevent said premises from becoming loud or disorderly or a nuisance so as to interfere with the peace and tranquility and quality of life of other nearby residents and visitors. Loud, offensive and disorderly conduct may include excessive noise, unruly behavior, obscene language, fighting, littering, parking of vehicles on lawns and on neighboring property, public urination, poor maintenance of the property and grounds and violation of trash collection and recycling ordinances.
2.
Be responsible for the proper storage and disposal of solid waste and recyclable materials and to do so in accordance with applicable City Ordinances;
3.
Comply strictly with the maximum occupancy limits established for each Rental Unit and shall prevent occupancy by more than the maximum number of occupants permitted.
[Added 1-13-2021 by Ord. No. 1185-20]
Board of Commissioners is authorized to adopt, by resolution, rules and regulations pertaining to the enforcement of this chapter.
[Added 1-13-2021 by Ord. No. 1185-20]
Any Person violating any of the provisions of this article shall, upon conviction, shall be subject to penalties in accordance with N.J.S.A. 40:49-1, et seq.