[Adopted 2-5-1985 by Ord. No. 883[1]]
[1]
Editor's Note: Original Section 1 of this
article, regarding live-aboard dock space, was repealed 4-16-1985
by Ord. No. 885.
A.
General prohibition. In order to preserve the waters
within the territorial limits of the City of North Wildwood for recreational
use; and to protect the people, docks, bulkheads, boats and other
water-based facilities from damage caused by poorly maneuverable floating
homes during the storms and period of high tide; and because City
fire and police protection are not geared for water protection; and
floating homes often have outward physical appearances of conventional
residential structures and their locations in the City's coastal waters
would produce visual obstructions and be aesthetically displeasing;
and floating homes are not subject to the building codes, zoning codes
and other restrictions, all adopted for the preservation of the health,
safety and general welfare of the residents and visitors of this City,
floating homes shall not be permitted to be anchored or moored within
the territorial waters of the City of North Wildwood.
B.
Floating homes defined. While a floating home technically
may be classified as a vessel, "floating homes," for the purpose of
this article, are floating structures which are designed and intended
to be used primarily for on-site living, rather than for navigation
and recreational boat uses, and are designed or occupied or intended
as a permanent dwelling unit, business office or source of any occupation
whatsoever, including uses which are the functional equivalent of
dry land uses and which should be restricted to dry land areas, rather
than being allowed in coastal waters. A "floating home" shall include
but not be limited to a structure on a barge primarily immobile and
out of navigation or which functions substantially as a land structure
while the same is moored, docked, anchored or dry-stored within the
territorial limits of the City of North Wildwood, whether such vessel
is self-propelled or not.
The members of the Police Department or the
Harbor Master or the appropriate Construction Official, as the case
may be, are hereby authorized and directed to enforce this article.
The provisions of this article shall be administered
by the Construction Official. Any aggrieved person may appeal any
decision of said official to the City Council, in writing, as long
as said appeal is made within 10 days of the official's decision.
City Council shall schedule a hearing and make a decision within 60
days of the appeal, and such decision shall be final.
[Amended 3-20-1991 by Ord. No. 1054; 5-21-2002 by Ord. No. 1411; at time of adoption
of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any provision of this article
shall, upon conviction, be punishable by a fine not to exceed $2,000,
imprisonment for not more than 90 days, or community service for not
more than 90 days, or any combination thereof. A separate offense
shall be deemed committed on each day such violation occurs or continues.
