ORDINANCE NO. 26 – 10

AN ORDINANCE OF THE CITY OF OCEAN CITY, COUNTY OF CAPE MAY AND STATE OF NEW JERSEY, AMENDING THE ADMINISTRATIVE CODE OF THE CITY OF OCEAN CITY TO ADD SECTION 4-45, PROHIBITING THE OPERATION OF MOTOR VEHICLES ON FLOODED ROADWAYS IN A MANNER THAT CASTS A WAVE OR WAKE BEYOND THE STREET OR CURB LINE

WHEREAS, public streets and rights-of-way in the City of Ocean City become flooded at times, and the operation of motor vehicles through floodwaters can create waves or wakes that travel beyond the street or curb line; and

WHEREAS, waves or wakes cast beyond the street or curb line may affect adjacent property and persons and may pose risks to public safety; and

WHEREAS, the City Council desires to add Section 4-45 to the Administrative Code of the City of Ocean City to prohibit the operation of motor vehicles on flooded roadways in a manner that casts or discharges such waves or wakes, without requiring proof of actual property damage to establish a violation;

NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Ocean City, in the County of Cape May and State of New Jersey, as follows:

Section 1. Section 4-45, “Operation of motor vehicles during flooding conditions,” is hereby added to the Administrative Code of the City of Ocean City to read as follows:

Section 1.

Operation of motor vehicles during flooding conditions.

(1) Definition.

FLOODED ROADWAY

Any portion of any public street or right-of-way in which there exists a depth of water exceeding six inches.

(2) Prohibition. No person shall operate a motor vehicle on a flooded roadway in a manner that casts or discharges a wave or wake that carries beyond the edge of the street or curb line.

(3) Violations and penalties. Any person violating the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $1,250 or by imprisonment for a term not exceeding 90 days, or both. For the purposes of a prosecution under this article, it shall not be a defense that the wave or wake that was created by operation of a motor vehicle on a flooded roadway did not cause actual damage to public or private property.

Section 2. Repealer.

All ordinances or parts of ordinances inconsistent with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency.

Section 3. Severability.

If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a court of competent jurisdiction, the remaining portions of this Ordinance shall remain in full force and effect.

Section 4. Effective Date.

This Ordinance shall take effect upon final adoption and publication in accordance with law.

The above Ordinance was passed by the Council of Ocean City, New Jersey, at a meeting of said Council held on the 5^th day of November, 2026. Said Ordinance will be considered for adoption after an open public hearing to be held on Thursday, November 19, 2026 at 6:00 p.m. in City Hall, Council Chambers, Ocean City, NJ 08226. Said ordinance will be made available in the Clerk’s Office for the members of the general public for copies and or review. Melissa Rasner, RMC, City Clerk.