[Adopted 9-9-1978 by L.L No. 5-1978 as Article II of the 1951 Code of Ordinances]
It is hereby declared and found that litter carelessly deposited in the Village of Ocean Beach is the cause of civic disgrace; that litter is a health, fire and safety hazard; that an all out litter control campaign can result in substantial savings to taxpayers of the Village of Ocean Beach; and that litter is a matter affecting the public interest and consequently should be subject to supervision and administrative control for the purpose of safe-guarding the public health, safety and general welfare of the people of the Village of Ocean Beach.
For the purposes of this article, the following terms, phrases, words and their derivations shall have the meanings given herein. When not inconsistent with the 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.
COMMERCIAL DISTRICT An area, for the purpose of this article, described and bounded as follows: on the north by the most northerly point of land located in the Incorporated Village of Ocean Beach and on the south by the southerly side of Bay Walk and the easterly boundary being the easterly side of the intersection of Bay Walk and Surfview Walk and the westerly boundary being the easterly side of the southerly intersection Ocean Road and Bay Walk, except that the westerly boundary along the bayfront boardwalk shall end at the westerly side of lot 036.002 of Block 02.00 and as defined by proper village-posted signage.
[Added 4-10-1999 by L.L. No. 2-1999]
LITTER All waste material, including rubbish, which tends to create a danger to public health, safety and welfare or creates unsightliness.
OCEAN BEACH That portion of the public beach located adjacent to and/or abutting the Atlantic Ocean from the extreme southerly point located within the Incorporated Village of Ocean Beach to that point at the initial point of the intersection of the beach with the base of the steps of any overpass over the dunes to the ocean beach or, if there shall be no base of any steps located in that area, to the location of the most southerly snow fence located at the base of the dunes; however, in no event, regardless of the existence at any particular time of any snow fence, shall the boundary line be deemed to be beyond or upon the southernmost point of any dune and/or dunes located at the ocean beach and as defined by proper village-posted signage.
[Added 4-10-1999 by L.L. No. 2-1999]
PERSON Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PROPERTY Any house, building or other structure designed or used, either wholly or in part, for private residential purposes; any commercial or business property, whether inhabited or open for business or temporarily uninhabited or closed for business; and any vacant, unimproved lot or parcel of land, and shall include any yard, grounds, walk, driveway, porch, steps or vestibule belonging or appurtenant to such dwelling, house, building or other structure.
[Amended 6-15-1991 by L.L. No. 2-1991]
PUBLIC PROPERTY Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
VILLAGE The Incorporated Village of Ocean Beach.
No person shall dispose of litter in or upon public or private property within the village except in public receptacles or in authorized private receptacles for collection. Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited upon any street, sidewalk or other public or private property.
Any person owning, occupying or in control of private property shall maintain the sidewalk and street in front thereof free of litter.
[Amended 5-18-2002 by L.L. No. 1-2002]
A. No person shall encumber, obstruct, improve, build upon or store goods/supplies upon any walk, road, lane, right-of-way, beach or public place in the Village of Ocean Beach, unless otherwise expressly authorized in writing by the Village of Ocean Beach.
B. No person shall in any way hinder, impede or delay free travel upon any walk, road, lane, right-of-way, beach or public place in the Village of Ocean Beach.
Any person who shall permit a handcart or wagon or bicycle or other vehicle to remain on a public walk or in a public place shall be guilty of disorderly conduct and punishable by a fine; and in addition thereto, such handcart, wagon, bicycle or other vehicle or any bicycle, tricycle, scooter, velocipede or like vehicle operated in violation of Chapter
56 of this Code may be taken into custody by the Village and impounded until redeemed by the payment to the Village of the sum of $25 by the owner thereof.
No person shall conduct any business within the Business District unless the same is confined to the interior of the building in which said business is conducted, nor shall any person exhibit, display or otherwise show any goods, wares or merchandise for sale, except within the interior of such building in the Business District. No goods, wares or merchandise shall be exhibited, displayed or shown outside the four walls of such building. The provision of this section shall not apply to the outside display or sale of newspapers published on a daily or weekly basis, provided that the display counter shall be flush to the building wall and shall not extend more than two feet from the building.
[Amended 4-21-1990 by L.L. No. 3-1990; 2-24-1993 by L.L. No. 1-1993; 4-10-1999 by L.L. No. 2-1999; 9-16-2000 by L.L. No. 9-2000]
A. No person shall possess, carry or transport in any manner air open container containing any amount of alcoholic beverage and/or alcohol, with the intent to drink same, upon any beach, park, walk, road or public place in the Village.
B. No person shall consume any food and/or drink any beverage on any beach, park, walk, road or other public place, except:
(1) A person may drink water from a public water fountain in the Village; or
(2) A person may drink water on the ocean or bay beach from a clear and transparent plastic water bottle; or
(3) A person may consume food and/or drink a beverage, which does not contain any amount of alcohol, in the Commercial District. Within the Commercial District, any person consuming any beverage of any nature and/or possessing, carrying and/or transporting in any manner an open container containing any amount of beverage with intent to drink the beverage shall, by doing so, grant a license and/or his or her permission without revocation and without recourse to any police officer and/or any other authorized person, including, but not limited to, service attendants and/or peace officers, the right to view and/or seize and/or inspect, test and/or otherwise to retain and/or confiscate, without any requirement to return same, any such beverage and/or container. Beverages being consumed pursuant to this section shall only be carried in a container made of plastic or aluminum and/or constituting a plastic or paper container. Containers made of any type of glass and/or pottery are prohibited; or
(4) Upon the written permission of the Board of Trustees and/or the Mayor.
C. No person shall have or hold a picnic or lunch-basket party on any walk, road, beach, park or other public place in the Village.
D. All commercial establishments selling food and/or beverages shall display signage at each exit door stating the content of this section with size of sign, lettering and wording as approved by the Administrator and/or the Mayor.
No person shall erect any sign or projection in, on or over the walks or roads, beaches or public places of the Village of Ocean Beach except with the permission of the Board of Trustees.
[Amended 3-24-1984 by L.L. No. 2-1984]
A. No person shall post, hang or attach in any way any handbill, notice or placard upon any walk or road, public post or wall of a public building in the Village of Ocean Beach, except with the permission of the Board of Trustees, or throw or drop the same upon any walk or road, beach or public place in said Village.
B. Where such matter consists of a commercial advertisement, it shall be presumed that the vendor of the specified product, service or entertainment is a person who placed such advertisement or caused it to be placed upon the property.
No person shall willfully tear or deface any notice, handbill or ordinance posted in the Village of Ocean Beach by the order of the Board of Trustees or by the order of any Village officer.
No person shall, without authority of the Board of Trustees, open or excavate the surface of the soil under the walks or roads or in the public places of the Village of Ocean Beach or remove any portion of the walks or roads in said Village or erect or cause to be erected any telephone, telegraph or electric light or electric transmission pole or change the location thereof or string any wires in, over, under or upon any of the walks or roads, beaches or public places or construct any conduits in said Village or lay pipes therein.
[Amended 5-18-2002 by L.L. No. 1-2002; 7-13-2019 by L.L. No. 03-2019]
The violation of any provision of this article shall be an offense against the article, which shall be punishable by a fine of no less than $25 and not to exceed $2,000 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment. Each and every day such violation continues shall constitute a separate offense, and the penalties prescribed above shall be applicable to each such separate offense, except that no further penalties shall be imposed for the period during which any appeal from a conviction of such offense is pending.