[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Editor's Note: Original Section 1 of this article, regarding live-aboard dock space, was repealed 4-16-1985 by Ord.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]
Any person violating any provision of this article shall, upon conviction, be punishable by a fine not to exceed $1,250 or imprisonment for a term not to exceed 90 days, or both. A separate offense shall be deemed committed on each day such violation occurs or continues.