Caroline M. Caterina appeals from a municipal court conviction for violation of section 3 of ordinance 465 of the City of Sea Isle City in that she refused to wear a beach badge on the beach in said city.
There is no disagreement as to the facts. Simply stated, Mrs. Caterina duly made application for, paid the requisite
fee and secured the beach badge specified in the ordinance, but on the day she was accosted by the inspector she was not wearing it and she told the inspector, the supervisor of inspection and a police officer that she would not wear it because she considered the ordinance unconstitutional. She was removed from the beach, charged with violating the pertinent section of the ordinance and, at the hearing, presented no testimony but argued the unconstitutionality of the ordinance, reserving her right to raise the constitutional issues on appeal. She was found guilty of the charge, fined $25 and assessed $10 as costs.
Defendant contends the following sections of the ordinance are discriminatory and do not apply equally to all persons or classes of persons:
(b) $2.50 per person per season provided that application is made to the proper authorities on or before May 31 of the bathing season.
(c) $5.00 per person in the event that application is made to the proper authorities subsequent to the 31st day of May of the bathing season.
(d) $1.00 per person per week for any week or fractional part thereof the bathing season. Weekly badges shall be valid from noon Saturday until noon of the following Saturday.
(e) Any person owning property within the City of Sea Isle City or occupying property within said City under a written lease may purchase additional seasonal badges under this section for use by members of their family. In addition thereto, any person owning property within the City of Sea Isle City or occupying property within said City under a written lease may purchase additional badges under this section for their non-paying guests so long as the number of badges purchased do not exceed six (6) in number. Any badges purchased pursuant to this subdivision must be made upon written application and upon a showing of proof of ownership of property or occupancy pursuant to a written lease within said City * * *.
At the very outset it is urged by Sea Isle City that defendant has no standing to contest the constitutionality of the ordinance because she admitted having purchased the beach badge as required by the ordinance but refused to wear it
in violation of section 3 of the ordinance dealing only with the display of beach badges on the person. The city contends this is the only issue on appeal. It is to be noted that defendant argued constitutionality and reserved her right to present such questions on appeal. Moreover, she has been aggrieved by the ordinance, having been arrested and fined. Cine-Com Theatres Eastern State Inc. v. Lordi , 351 F. Supp. 42 (D.N.J. 1972) Edelstein v. Ferrell , 120 N.J. Super. 583 (Law Div. 1972). Defendant has standing to contest the validity and constitutionality of all portions of the ordinance.
Ordinance 465, as amended by ordinance 478, was adopted pursuant to legislative authority granted by L. 1955, c. 49, and is known as N.J.S.A. 40:61-22.20. The legislative enactment was created to enable municipalities to secure funds to improve, maintain and police their lands or easement rights in such lands bordering on the ...