Borough of West Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[1]
Editor's Note: Prior ordinance history includes portions of Ordinance No. 43-79 and 303-01.
[Ord. No. 489-2014 § 1]
Excessive sound is a serious hazard to the public health, welfare, safety, and the quality of life.
A substantial body of science and technology exists by which excessive sound may be substantially abated.
The people have a right to, and should be ensured of, an environment free from excessive sound.
It is the policy of the Borough of West Cape May to prevent excessive sound that may jeopardize the health, welfare, or safety of the citizens or degrade the quality of life.
[Ord. No. 489-2014 § 2]
The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. Terms not defined in this section have the same meaning as those defined in N.J.A.C. 7:29.
CONSTRUCTION
Means any site preparation, assembly, erection, repair, alteration or similar action of buildings or structures.
dBC
Means the sound level as measured using the C weighting network with a sound level meter meeting the standards set forth in ANSI S1.4-1983 or its successors. The unit of reporting is dB(C). The C weighting network is more sensitive to low frequencies than is the A weighting network.
DEMOLITION
Means any dismantling, destruction or removal of buildings, structures, or roadways.
DEPARTMENT
Means the New Jersey Department of Environmental Protection.
EMERGENCY WORK
Means any work or action necessary at the site of an emergency to restore or deliver essential services including, but not limited to, repairing water, gas, electricity, telephone, sewer facilities, or public transportation facilities, removing fallen trees on public rights-of-way, dredging navigational waterways, or abating life-threatening conditions or a state of emergency declared by a governing agency.
IMPULSIVE SOUND
Means either a single pressure peak or a single burst (multiple pressure peaks) that has a duration of less than one second.
MINOR VIOLATION
Means a violation that is not the result of the purposeful, reckless or criminally negligent conduct of the alleged violator; and/or the activity or condition constituting the violation has not been the subject of an enforcement action by any authorized local, County or State enforcement agency against the violator within the immediately preceding 12 months for the same or substantially similar violation.
MOTOR VEHICLE
Means any vehicle that is propelled other than by human or animal power on land.
MUFFLER
Means a properly functioning sound dissipative device or system for abating the sound on engines or equipment where such device is part of the normal configuration of the equipment.
MULTI-DWELLING UNIT BUILDING
Means any building comprising two or more dwelling units, including, but not limited to, apartments, condominiums, co-ops, multiple family houses, townhouses, and attached residences.
MULTI-USE PROPERTY
Means any distinct parcel of land that is used for more than one category of activity. Examples include, but are not limited to:
a. 
A commercial, residential, industrial or public service property having boilers, incinerators, elevators, automatic garage doors, air conditioners, laundry rooms, utility provisions, or health and recreational facilities, or other similar devices or areas, either in the interior or on the exterior of the building, which may be a source of elevated sound levels at another category on the same distinct parcel of land; or
b. 
A building, which is both commercial (usually on the ground floor) and residential property, located above, below or otherwise adjacent to.
NOISE CONTROL OFFICER (NCO)
Means an employee of a local, County or regional health agency which is certified pursuant to the County Environmental Health Act (N.J.S.A. 26:3A2-21 et seq.) to perform noise enforcement activities or an employee of a municipality with a Department-approved noise control ordinance. All NCOs must receive noise enforcement training as specified by the Department in N.J.A.C. 7:29 and is currently certified in noise enforcement. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
NOISE CONTROL INVESTIGATOR (NCI)
Means an employee of a municipality, County or regional health commission that has a Department-approved noise control ordinance and the employee has not received noise enforcement training as specified by the Department in N.J.A.C. 7:29. However, they are knowledgeable about their noise ordinance and enforcement procedures. A Noise Control Investigator may only enforce sections of the ordinance that do not require the use of a sound level meter. The employee must be acting within his or her designated jurisdiction and must be authorized to issue a summons.
PLAINLY AUDIBLE
Means any sound that can be detected by a NCO or an NCI using his or her unaided hearing faculties of normal acuity. As an example, if the sound source under investigation is a portable or vehicular sound amplification or reproduction device, the detection of the rhythmic bass component of the music is sufficient to verify plainly audible sound. The NCO or NCI need not determine the title, specific words, or the artist performing the song.
PRIVATE RIGHT-OF-WAY
Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a non-governmental entity.
PUBLIC RIGHT-OF-WAY
Means any street, avenue, boulevard, road, highway, sidewalk, alley or easement that is owned, leased, or controlled by a governmental entity.
PUBLIC SPACE
Means any real property or structures thereon that are owned, leased, or controlled by a governmental entity.
REAL PROPERTY LINE
Means either (a) the vertical boundary that separates one parcel of property (i.e., lot and block) from another residential or commercial property; (b) the vertical and horizontal boundaries of a dwelling unit that is part of a multi-dwelling unit building; or (c) on a multi-use property as defined herein, the vertical or horizontal boundaries between the two portions of the property on which different categories of activity are being performed (e.g., if the multi-use property is a building which is residential upstairs and commercial downstairs, then the real property line would be the interface between the residential area and the commercial area, or if there is an outdoor sound source such as an HVAC unit on the same parcel of property, the boundary line is the exterior wall of the receiving unit). Note- this definition shall not apply to a commercial source and a commercial receptor which are both located on the same parcel of property (e.g., a strip mall).
SOUND PRODUCTION DEVICE
Means any device whose primary function is the production of sound, including, but not limited to any, musical instrument, loudspeaker, radio, television, digital or analog music player, public address system or sound-amplifying equipment.
SOUND REDUCTION DEVICE
Means any device, such as a muffler, baffle, shroud, jacket, enclosure, isolator, or dampener provided by the manufacturer with the equipment, or that is otherwise required, that mitigates the sound emissions of the equipment.
WEEKDAY
Means any day that is not a Federal holiday, and beginning on Monday at 7:00 a.m. and ending on the following Friday at 6:00 p.m.
WEEKENDS
Means beginning on Friday at 6:00 p.m. and ending on the following Monday at 7:00 a.m.
[Ord. No. 489-2014 § 3]
a. 
This noise ordinance applies to sound from the following property categories:
1. 
Industrial facilities;
2. 
Commercial facilities;
3. 
Public service facilities;
4. 
Community service facilities;
5. 
Residential properties;
6. 
Multi-use properties;
7. 
Public and private right-of-ways;
8. 
Public spaces; and
9. 
Multi-dwelling unit buildings.
b. 
This noise ordinance applies to sound received at the following property categories:
1. 
Commercial facilities;
2. 
Public service facilities;
3. 
Community service facilities (i.e. non-profits and/or religious facilities)
4. 
Residential properties;
5. 
Multi-use properties; and
6. 
Multi-dwelling unit buildings.
c. 
Sound from stationary emergency signaling devices shall be regulated in accordance with N.J.A.C. 7:29-1.4, except that the testing of the electromechanical functioning of a stationary emergency signaling device shall not meet or exceed 10 seconds.
[Ord. No. 489-2014 § 4]
a. 
Except as provided in Subsections 3-1.9 and 3-1.10 below, the provisions of this section shall not apply to the exceptions listed at N.J.A.C. 7:29-1.5.
b. 
Sound production devices required or sanctioned under the Americans with Disabilities Act (ADA), FEMA or other government agencies to the extent that they comply with the noise requirement of the enabling legislation or regulation. Devices which are exempted under N.J.A.C. 7:29-1.5 shall continue to be exempted.
c. 
Construction and demolition activities are exempt from the sound level limits set forth in tables I and II and III except as provided for in Subsection 3-1.9 below.
[Ord. No. 489-2014 § 5]
a. 
Noise Control Officers shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection of this section and pursue enforcement activities.
b. 
Noise Control Investigators shall have the authority within their designated jurisdiction to investigate suspected violations of any subsection of this section that do not require the use of a sound level meter (i.e., plainly audible, times of day and/or distance determinations) and pursue enforcement activities.
c. 
Noise Control Officers and Investigators may cooperate with NCOs and NCIs of an adjacent municipality in enforcing one another's municipal noise ordinances.
[Ord. No. 489-2014 § 6]
a. 
Sound measurements made by a Noise Control Officer shall conform to the procedures set forth at N.J.A.C. 7:29-2, except that interior sound level measurements shall also conform with the procedures set forth in Subsection 3-1.6b of this section and with the definition of "real property line" as contained herein.
b. 
When conducting indoor sound level measurements across a real property line the measurements shall be taken at least three feet from any wall, floor or ceiling and all exterior doors and windows may, at the discretion of the investigator, be closed. The neighborhood residual sound level shall be measured in accordance with N.J.A.C. 7:29-2.9(b)2. When measuring total sound level, the configuration of the windows and doors shall be the same and all sound sources within the dwelling unit must be shut off (e.g., television, stereo). Measurements shall not be taken in areas which receive only casual use such as hallways, closets and bathrooms.
[Ord. No. 489-2014 § 7]
a. 
No person shall cause, suffer, allow, or permit the operation of any source of sound on any source property listed in Subsection 3-1.3a above in such a manner as to create a sound level that equals or exceeds the sound level limits set forth in Tables I, II or III when measured at or within the real property line of any of the receiving properties listed in Tables I, II or III except as specified in Subsection 3-1.6b.
b. 
Impulsive Sound. Between 7:00 a.m. and 10:00 p.m., impulsive sound shall not equal or exceed 80 decibels. Between 10:00 p.m. and 7:00 a.m., impulsive sound which occurs less than four times in any hour shall not equal or exceed 80 decibels. Impulsive sound which repeats four or more times in any hour shall be measured as continuous sound and shall meet the requirements as shown in Tables I and II.
[1]
Editor's Note: Tables I, II, and III, referred to herein, are included as attachments to this chapter.
[Ord. No. 489-2014 § 8]
No person shall cause, suffer, allow, or permit the operation of any sound production device in such a manner that the sound crosses a property line and raises the total sound levels above the neighborhood residual sound level by more than the permissible sound level limits set forth in Table IV[1] when measured within the residence of a complainant according to the measurement protocol in Subsection 3-1.6b of this section. These sound level measurements shall be conducted with the sound level meter set for "C" weighting, "fast" response.
[1]
Editor's Note: Table IV is included as an attachment to this chapter.
[Ord. No. 489-2014 § 9]
a. 
Excluding emergency work, power tools, home maintenance tools, landscaping and/or yard maintenance equipment used by a residential property owner or tenant shall not be operated between the hours of 8:00 p.m. and 8:00 a.m., unless such activities can meet the applicable limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
b. 
Excluding emergency work, power tools, landscaping and/or yard maintenance equipment used by nonresidential operators (e.g. commercial operators, public employees) shall not be operated on a residential, commercial, industrial or public (e.g. golf course, parks, athletic fields) property between the hours of 6:00 p.m. and 8:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends or Federal holidays, unless such activities can meet the limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in these activities shall be operated with a muffler and/or sound reduction device.
c. 
All construction and demolition activity, excluding emergency work, shall not be performed between the hours of 6:00 p.m. and 7:00 a.m. on weekdays, or between the hours of 6:00 p.m. and 9:00 a.m. on weekends and Federal holidays, unless such activities can meet the limits set forth in Tables I, II or III. At all other times the limits set forth in Tables I, II or III do not apply. All motorized equipment used in construction and demolition activity shall be operated with a muffler and/or sound reduction device.
d. 
Motorized snow removal equipment shall be operated with a muffler and/or a sound reduction device when being used for snow removal. At all other times the limits set forth in Tables I, II or III do not apply.
e. 
All interior and exterior burglar alarms of a building or motor vehicle must be activated in such a manner that the burglar alarm terminates its operation within five minutes for continuous airborne sound and 15 minutes for intermittent sound after it has been activated. At all other times the limits set forth in Tables I, II or III do not apply.
f. 
Self-contained, portable, non-vehicular music or sound production devices shall not be operated on a public space or public right-of-way in such a manner as to be plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m. Between the hours of 10:00 p.m. and 8:00 a.m., sound, operated on a public space or public right-of-way, from such equipment shall not be plainly audible at a distance of 25 feet in any direction from the operator;
g. 
It shall be unlawful for any property owner or tenant to allow any domesticated or caged animal to create a sound across a real property line which unreasonably disturbs or interferes with the peace, comfort, and repose of any resident, or to refuse or intentionally fail to cease the unreasonable noise when ordered to do so by a Noise Control Officer or Noise Control Investigator. Prima facie evidence of a violation of this subsection shall include but not be limited to:
1. 
Vocalizing (howling, yelping, barking, squawking etc.) for five minutes without interruption, defined as an average of four or more vocalizations per minute in that period; or,
2. 
Vocalizing for 20 minutes intermittently, defined as an average of two vocalizations or more per minute in that period.
It is an affirmative defense under this subsection that the dog or other animal was intentionally provoked to bark or make any other noise.
[1]
Editor's Note: Tables I, II, and III, referred to herein, are included as attachments to this chapter.
[Ord. No. 489-2014 § 10]
Violations of each paragraph of this subsection shall be considered purposeful and therefore non-minor violations.
a. 
No person shall remove or render inoperative, or cause to be removed or rendered inoperative or less effective than originally equipped, other than for the purposes of maintenance, repair, or replacement, any device or element of design incorporated in any motor vehicle for the purpose of noise control. No person shall operate a motor vehicle or motorcycle which has been so modified. A vehicle not meeting these requirements shall be deemed in violation of this provision if it is operated stationary or in motion in any public space or public right-of-way.
b. 
No motorcycle shall be operated stationary or in motion unless it has a muffler that complies with and is labeled in accordance with the Federal Noise Regulations under 40 CFR Part 205.
c. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that it is plainly audible at distance of 25 feet in any direction from the operator between the hours of 10:00 p.m. and 8:00 a.m.
d. 
Personal or commercial vehicular music amplification or reproduction equipment shall not be operated in such a manner that is plainly audible at a distance of 50 feet in any direction from the operator between the hours of 8:00 a.m. and 10:00 p.m.
[Ord. No. 489-2014 § 11; Ord. No. 491-2015]
a. 
Violation of any provision of this section shall be cause for a Notice of Violation (NOV) or a Notice of Penalty Assessment (NOPA) document to be issued to the violator by the Noise Control Officer or Noise Control Investigator.
b. 
Any person who violates any provision of this section shall be subject to a civil penalty for each offense of not more than the maximum penalty allowed pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014. If the violation is of a continuing nature, each day during which it occurs shall constitute an additional, separate, and distinct offense.
c. 
Upon identification of a violation of this section the Noise Control Officer or Noise Control Investigator shall issue an enforcement document to the violator. The enforcement document shall identify the condition or activity that constitutes the violation and the specific provision of this section that has been violated. It shall also indicate whether the violator has a period of time to correct the violation before a penalty is sought.
d. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a minor violation (as defined in Subsection 3-1.2 of this section) a NOV shall be issued to the violator.
1. 
The document shall indicate that the purpose of the NOV is intended to serve as a notice to warn the responsible party/violator of the violation conditions in order to provide them with an opportunity to voluntarily investigate the matter and voluntarily take corrective action to address the identified violation.
2. 
The NOV shall identify the time period (up to 90 days), pursuant to the Grace Period Law, N.J.S.A. 13:1D-125 et seq. where the responsible party's/violator's voluntary action can prevent a formal enforcement action with penalties issued by the Borough. It shall be noted that the NOV does not constitute a formal enforcement action, a final agency action or a final legal determination that a violation has occurred. Therefore, the NOV may not be appealed or contested.
e. 
If the violation is deemed by the Noise Control Officer or Noise Control Investigator to be a non-minor violation, the violator shall be notified that if the violation is not immediately corrected, a NOPA with a civil penalty of not more than the maximum penalty allowed pursuant to N.J.S.A. 40:49-5, which is $2,000 as of December 2014. If a non-minor violation is not immediately corrected an NOV without a civil penalty shall be issued to document the violation. If the violation occurs again (within 12 months of the initial violation) a NOPA shall be issued regardless of whether the violation is immediately corrected or not.
f. 
The violator may request from the Noise Control Officer or Noise Control Investigator, an extension of the compliance deadline in the enforcement action. The Noise Control Officer or Noise Control Investigator shall have the option to approve any reasonable request for an extension (not to exceed 180 days) if the violator can demonstrate that a good faith effort has been made to achieve compliance. If an extension is not granted and the violation continues to exist after the grace period ends, a NOPA shall be issued.
g. 
The recipient of a NOPA shall be entitled to a hearing in a municipal court having jurisdiction to contest such action.
h. 
The Noise Control Officer or Noise Control Investigator may seek injunctive relief if the responsible party does not remediate the violation within the period of time specified in the NOPA issued.
i. 
Any claim for a civil penalty may be compromised and settled based on the following factors:
1. 
Mitigating or any other extenuating circumstances;
2. 
The timely implementation by the violator of measures which lead to compliance;
3. 
The conduct of the violator; and
4. 
The compliance history of the violator.
[Ord. No. 352-05 § I]
The purpose of this section is to establish requirements to control littering in the Borough of West Cape May, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 174-91 § 1; Ord. No. 352-05 § II]
For the purpose of this section, the following terms, phrases, words and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. 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.
LITTER
Shall mean any used or unconsumed substance or waste material which has been discarded, whether made of aluminum, glass, plastic, rubber, paper, or other natural or synthetic material, or any combination thereof, including, but not limited to, any bottle, jar or can, or any top, cap or detachable tab of any bottle, jar or can, any unlighted cigarette, cigar, match or any flaming or glowing material or any garbage, trash, refuse, debris, rubbish, grass clippings or other lawn or garden waste, newspapers, magazines, glass, metal, plastic or paper containers or other packaging or construction material, but does not include the waste of the primary processes of mining or other extraction processes, logging, sawmilling, farming or manufacturing.
LITTER RECEPTACLE
Shall mean a container suitable for the depositing of litter.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
[Ord. No. 174-91 § 2; Ord. No. 352-05 § III]
a. 
It shall be unlawful for any person to throw, drop, discard or otherwise place any litter of any nature upon public or private property other than in a litter receptacle, or having done so, to allow such litter to remain.
b. 
Whenever any litter is thrown or discarded or allowed to fall from a vehicle or boat in violation of this section, the operator or owner, or both, of the motor vehicle or boat shall also be deemed to have violated this section.
[Ord. No. 174-91 § 2]
It shall be unlawful for any person to throw, drop, discard or otherwise place or cause to be placed litter of any type upon any public or private property within the Borough of West Cape May except for placement in proper trash or other receptacles designed and intended for the disposal of such litter.
[Ord. No. 174-91 § 3]
No person shall be permitted to sweep into or deposit in any gutter, street, catch basin or other public place any accumulation of litter from any public or private sidewalk or driveway. Every person who owns or occupies property must keep the sidewalk in front of his or her premises free of litter. All litter sweepings must be collected and properly containerized for disposal.
[Ord. No. 174-91 § 4]
It shall be unlawful for any owner, agent, or contractor in charge of a construction or demolition site to permit the accumulation of litter before, during or immediately following completion of any construction or demolition project. It is the duty of the owner, agent, or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage of refuse.
[Ord. No. 174-91 § 5]
It is unlawful for any person to place, to cause to be placed, or to hire another person to place any advertisement, handbill or unsolicited material of any kind in or on any street, sidewalk, building or vehicle within the community in such a manner that it may be removed by natural forces.
[Ord. No. 352-05 § IV]
This section shall be enforced by the Code Enforcement Officer of the Borough of West Cape May and/or the City of Cape May Police Department.
[Ord. No. 352-05 § V]
Any person found guilty of a violation of any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 of the Revised General Ordinances of the Borough.
Any person who is convicted of violating this section within one year of the date of a previous violation of this section, and fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine shall not exceed the maximum fine for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section.
[1]
Editor's Note: Former Subsection 3-3.1, Disorderly Conduct, Prohibited, previously codified herein and containing portions of Ordinance Nos. 5-66 and 249-97 was repealed in its entirety by Ordinance No. 416-08.
[1]
Editor's Note: Former § 3-4 Pornography, previously codified herein and containing portions of Ordinance Nos. 106-86 and 112-86 was repealed in its entirety by Ordinance No. 517-2017.
[1]
Editor's Note: Former § 3-5 Paraphernalia relating to Controlled Dangerous Substances, previously codified herein and containing portions of Ordinance No. 44-79 was repealed in its entirety by Ordinance No. 517-2017.
[Ord. No. 139-89 § I]
Pursuant to N.J.S.A. 2C:35-7, the Drug Free School Zone Map prepared by John R. Walker, P.E. and the municipal engineer dated October 1987 is hereby approved and adopted as the official finding and record of the location and area within the Borough of West Cape May of property which is used for school purposes and the area within one thousand (1,000') feet of such school property which is owned by the Board of Education of the Borough of West Cape May. This map is more particularly entitled in its title block as follows: "1,000 Foot Radius Map, Public School, Borough of West Cape May, County of Cape May, New Jersey."
[Ord. No. 139-89 § II]
The Drug Free School Zone Map approved and adopted pursuant to Subsection 3-6.1 shall continue to constitute an official finding and record as to the locations and boundaries of that area either on or within one thousand (1,000') feet of the properties owned and operated by the Board of Education of the Borough of West Cape May until such time as this section may properly be amended to change this area and boundary.
[Ord. No. 139-89 § III]
The Board of Education of the Borough of West Cape May shall promptly notify the Borough Clerk and Municipal Attorney of any change or contemplated changes in the location and boundaries of any property owned by the Board of Education and which is used for school purposes.
[Ord. No. 139-89 § IV]
The Borough Clerk is hereby directed to keep on file the original of the Drug Free School Zone Map adopted pursuant to this section and to pro-vide a true copy thereof, at a reasonable cost, to any person who may request same.
[Ord. No. 139-89 § V]
It is hereby acknowledged that the map approved and adopted pursuant to Subsection 3-6.1 was prepared and intended for use in criminal and quasi-criminal proceedings and that it shall constitute prima facie evidence of the following in any such proceedings:
a. 
The location of the West Cape May Elementary School;
b. 
The boundaries of the property which is owned by the Board of Education of the Borough of West Cape May; and
c. 
That the area designated therein as Exempted School or Exempted Board of Education is and continues to be used for school purposes; and
d. 
The location and boundaries of all areas which are within one thousand (1,000') feet of such school property.
[Ord. No. 11-70 Preamble]
The storing, depositing, placing, maintaining, accumulating, leaving, or parking of junk vehicles constitutes an unsightly, unsafe and unhealthful condition, and is detrimental to the public health, safety and welfare.
[Ord. No. 11-70 § I—II]
For the purposes of this section, the terms "motor vehicle" and "motor-drawn vehicle" shall be defined as they are defined in the New Jersey Motor Vehicle Law (N.J.S. 39:1-1 et seq.), as the law now exists or may here-after be amended. The definitions are presently as follows:
a. 
MOTOR VEHICLE - Includes all vehicles propelled otherwise than by muscular power, excepting such vehicles as run only upon rails or tracks.
b. 
MOTOR-DRAWN VEHICLE - Includes trailers, semitrailers, or any other type of vehicle drawn by a motor-driven vehicle.
c. 
For the purposes of this section, JUNK VEHICLE shall include:
1. 
Any motor vehicle which is mechanically inoperable.
2. 
Any motor vehicle or motor-drawn vehicle which does not carry a current registration, or which lacks one or more tires.
3. 
Any street car.
4. 
Any railroad car which is mechanically inoperable or which is not on a railroad track connected to other railroad tracks in active use.
d. 
Notwithstanding anything to the contrary contained herein, any vehicle which is mechanically operable and which is customarily used in connection with the agricultural industry, shall not be considered to be a junk vehicle, even though the vehicle does not carry a current registration.
[Ord. No. 11-70 § III]
Except as provided in Subsections 3-7.4, 3-7.5 and 3-7.6, it shall be unlawful for any person, firm or corporation, either as owner of any private lands, or as occupant, lessee, tenant, or agent of the owner of any private lands, or as trespasser or other user of private lands, with or without permission, or in any other capacity whatsoever, to store, deposit, place, maintain, accumulate, leave or park, or permit to be stored, deposited, placed, maintained, accumulated, left or parked, on any private lands or public lands or highways within the Borough of West Cape May, any junk vehicle for a period for 48 hours.
[Ord. No. 11-70 § IV]
a. 
Nothing contained herein shall prohibit the owner of any junk vehicles from storing same indefinitely, on private lands, provided that the vehicles are stored within a completely enclosed and roofed building, to a maximum of two such vehicles per building.
b. 
The Board of Commissioners is hereby authorized to grant permission, by Resolution, to the owner of any mechanically operable vehicle, to store the vehicle out-of-doors on private lands, for a maximum period of one year from the date that application is made for such permission. Such permission may not be given to store more than three vehicles owned by the same owner, or by related or affiliated owners. Such permission may limit the storage location to an area determined by the Board of Commissioners to be preferable, and such permission shall be given only for good cause shown, and upon such assurance as may be required by the Board of Commissioners that any vehicle so stored will not be permitted to deteriorate into a mechanically inoperable vehicle.
[Ord. No. 11-70 § V]
Nothing contained here-in shall prohibit a motor vehicle junkyard, operating under a valid, current State license and not violating any other ordinance of this Borough, from storing, maintaining, or accumulating junk vehicles in the normal course of business provided, however, that any junk vehicles so stored, maintained or accumulated must be in an enclosure completely surrounded by a solid fence or wall at least three (3') feet taller than the highest junk vehicle or accumulated junk vehicles, and in any event, of a minimum height of seven (7') feet, with necessary solid gates.
[Ord. No. 11-70 § VI]
Nothing contained herein shall prohibit a gasoline service station, a motor vehicle repair shop, or a motor vehicle garage, which is not violating any other ordinance of this Borough, from storing, maintaining, or accumulating junk vehicles in the normal course of business, provided however, that unless the junk vehicles are contained within a completely enclosed and roofed building, not more than three junk vehicles may be stored, maintained or accumulated at any one time, and no junk vehicle may be stored, maintained or accumulated for a period in excess of 45 days. Junk vehicles stored, maintained, or accumulated within a completely enclosed and roofed building, on premises operated as a gasoline service station, a motor vehicle repair shop, or a motor vehicle garage, may be stored, maintained or accumulated in any quantity for any period of time. The Board of Commissioners is hereby authorized to grant permission to a gasoline service station, a motor vehicle repair shop, or a motor vehicle garage, to store, maintain, or accumulate junk vehicles in excess of three, but in no event to exceed 20, on suitable premises, upon compliance with the following provisions:
a. 
The applicant shall make written application to the Borough Clerk for such permission, and in his application shall give the full name and address of the owner and operator of the business, and the full name and address of the owner of the premises intended to be used, an exact description of the premises intended to be used, and the number of junk vehicles which he is seeking permission to store, which number shall not exceed 20.
b. 
The Construction Code Official shall inspect the proposed premises, and make a written report to the Board of Commissioners as to the suitability of the premises for the proposed use. In determining the suitability he shall give consideration to the degree of residential development in the immediate area; the conspicuousness of the proposed location with respect to highway traffic, pedestrian traffic, and nearby residential and commercial buildings; whether or not the premises are fenced or landscaped in such a manner as to conceal or partially conceal the junk vehicles from view; the present volume of applicant's business in junk vehicles; the degree and necessity of public service rendered by the applicant; and such other standards and factors as may reasonably bear upon the public health and welfare.
c. 
Upon receiving the written report of the Construction Code Official, the Board of Commissioners may, by resolution, grant the requested permission or any modification thereof, reasonably necessary to the protection of the public health and welfare. Such permission may be withdrawn, by resolution of the Board of Commissioners, upon 60 days written notice to the applicant.
d. 
The Board of Commissioners may, by resolution, pro-vide for the imposition of a fee for such permission.
[Ord. No. 11-70 § VII]
Junk vehicles, as hereinabove defined, are hereby declared to be filth, trash and debris, within the meaning of N.J.S. 40:48-2.13 et seq., as the law now exists or may hereafter be amended, and Subsections 3-7.7, 3-7.8 and 3-7.9 are adopted pursuant to the authority of same.
[Ord. No. 11-70 § VIII]
Upon 10 days written notice being given to the record owner and the occupant of any private lands in this Borough, directing that junk vehicles be removed, if the junk vehicles are not removed, then either the Borough Clerk, the Chief of the Police Department covering this Borough, or the duly appointed Health Officer may proceed to remove or direct the removal of same.
[Ord. No. 11-70 § IX]
Upon the junk vehicles being removed by or under the direction of one of the officers designated in Subsection 3-7.8 hereof, the officer shall certify the cost thereof to the governing body which shall examine the certificate, and if found correct, shall cause the cost as shown thereon to be charged against the lands; the amount so charged shall forthwith become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
[Ord. No. 11-70 § XII, Ord. No. 233-95]
In addition to any other penalty herein provided, the violation of any of the provisions of this section shall, upon conviction, be liable for the penalty as stated in Chapter 1, § 1-5. Each 24 hour period that any violation continues to exist shall be deemed to be a separate offense and shall be punishable as aforesaid.
[Ord. No. 212-93 § 1]
It shall be unlawful for any juvenile to be on any public street or public place between the hours of 11:00 p.m. and 6:00 a.m. during the period from October 1st through April 30th and 12:00 midnight and 6:00 a.m. during the period from May 1st through September 30th of each year unless accompanied by the parent or guardian of the juvenile or unless the juvenile is traveling, for work purposes, to or from a business which the laws of the State of New Jersey allow a juvenile to perform.
[Ord. No. 212-93 § 2]
It shall also be unlawful for any parent or guardian for any juvenile to allow any such juvenile in their custody or control to be on any public street or public place between the hours specified herein unless accompanied by a parent or guardian or unless going to and from work as specified in Subsection 3-8.1.
In the event any juvenile is found to be in violation of this section it shall be presumed that such was allowed by that juvenile's parents or guardian but such presumption shall be a rebuttable one.
[Ord. No. 212-93 § 3]
For purposes of this section, the terms juvenile, guardian and public place shall be defined as follows:
a. 
JUVENILE - Shall mean an individual who is under the age of 18 years;
b. 
GUARDIAN - Shall mean a person, other than a parent, to whom legal custody of the juvenile has been given by court order or who is acting in the place of the parent or is responsible for the care and welfare of the juvenile; and
c. 
PUBLIC PLACE - Shall mean any place to which the public has access, including but not limited to a public street, road, sidewalk, bridge, alley, plaza, park, recreation or shopping area, parking lot or any other public building, structure or area and any other area or structure in which the public has access generally.
[Ord. No. 212-93 § 4]
Any person found to be in violation of this ordinance shall be liable to a fine as stated in Chapter 1, § 1-5 and the imposition of community service for up to 15 days with the amount of any such fine and community service to be in the discretion of the Court. If both a juvenile and that juvenile's parent or guardian are both bound to be in violation of this section, any sentence of community service imposed by the Court shall be served together by such juvenile and his or her parent or guardian unless the Court, in its discretion, determines otherwise.
[Ord. No. 263-98 § 1]
In accordance with and pursuant to the authority of L. 1988, c.44 (C. 2C:35-7), the Drug-Free Public Housing Facility, Public Park, and Public Building Zone Map produced on or about August 18, 1998 by the Borough of West Cape May, Cape May County Engineer, is hereby approved and adopted as an official finding and record of the location and areas within the municipality of property which is used for school purposes and which is owned by or leased to any public housing facility, public park, and public building, and of the areas on or within five hundred (500') feet of such property and is hereby adopted as an official finding.
[Ord. No. 263-98 § 2]
The Drug-Free Public Housing Facility, Public Park, and Public Building Zone Map approved and adopted pursuant to Subsection 3-9.1 of this section shall continue to constitute an official finding and record as to the location and boundaries of areas on or within five hundred (500') feet of property owned by or leased to any public housing facility, public park, and public building which is used for such purposes until such time, if any, that this section shall be amended to reflect any additions or deletions with respect to the location and boundaries of public housing facility, public park and public building property and Drug-Free Public Housing Facility, Public Park, and Public Building Zones.
[Ord. No. 263-98 § 3]
The directors of all local public housing projects, or the chief administrative officer, is hereby directed to and shall have the continuing obligation to promptly notify the Borough of West Cape May, Cape May County Engineer and the Borough of West Cape May, County of Cape May Attorney of any changes or contemplated changes in the location and boundaries of any property owned by or leased to any public housing facility, which is used for such purposes.
[Ord. No. 263-98 § 4]
The Clerk of the municipality is hereby directed to receive and keep on file the original of the map approved and adopted pursuant to Subsection 3-9.1 of this section, and to provide at a reasonable cost a true copy thereof to any person, agency or court which may from time to time request such a copy, along with a certification that such is a true copy of the map approved and adopted herein and kept on file. It is hereby further directed that a true copy of such map and of this section shall be provided without cost to the County Clerk and the Office of the Cape May County Prosecutor.
[Ord. No. 263-98 § 5]
The following additional matters are hereby determined, declared, recited and stated:
a. 
It is understood that the map approved and adopted pursuant to Subsection 3-9.1 of this section was prepared and is intended to be used as evidence in prosecutions arising under the criminal laws of this State, and that pursuant to State law such map shall constitute prima facie evidence of the following:
1. 
The location of public housing facility, public park, and public building within the municipality;
2. 
The boundaries of the real property which is owned by or leased to such public housing facility, public park, and public building;
3. 
That such public housing facility, public park, and public building property is and continues to be used for such purposes; and
4. 
The location and boundaries of areas which are on or within five hundred (500') feet of such public housing facility, public park, and public building property.
b. 
Except as is otherwise expressly noted on the face of the approved and adopted map, all of the property depicted on the map approved and adopted herein as property was owned by or leased to a public housing facility, or is a public park, or public building and was being used for such purposes as of May 1, 1998, that being the effective date of L. 1987, c.101 (C. 2C:35-7).
c. 
Pursuant to the provisions of L. 1988, c.44, a prosecutor is not precluded from introducing or relying upon any other evidence or testimony to establish a violation of the offense defined in that statute, including use of a map or diagram other than the one approved and adopted pursuant to Subsection 3-9.1 of this section. The failure of the map approved herein to depict the location and boundaries of any property which is, in fact, used for public housing facility, public park, and public building purposes and which is owned by or leased to any public housing facility, public park, and public building, whether the absence of such depiction is the result of inadvertent omission or the result of any changes in the location and boundaries of such property which have not yet been incorporated into a revised approved map, shall not be deemed to be an official finding and record that such property is not owned by or leased to a public housing facility, public park, and public building, or that such property is not used for such purposes.
d. 
All of the requirements set forth in L. 1988, c.44 concerning the preparation, approval and adoption of a Drug-Free Public Housing Facility, Public Park, and Public Building Zone Map have been complied with.
[Ord. No. 359-06 §§ 1—6]
a. 
Permitted. The Borough of West Cape May shall permit charitable organizations as defined in N.J.S.A. 45:17A-20 (P.L. 1994 c.16, sec. 3) to solicit contributions in the roadways and highways of West Cape May in accordance with the conditions herein.
b. 
Information Required. All charitable organizations that wish to solicit contributions in the roadways and highways of the Borough of West Cape May shall file a request with the Borough Clerk specifying the following information:
1. 
Name of organization.
2. 
Address of organization.
3. 
Telephone number of organization.
4. 
Contact person of organization.
5. 
Location of proposed charitable solicitation.
6. 
Dates and times of proposed charitable solicitation.
7. 
Whether the request involves a County or State roadway or highway and if so which roadway or highway.
8. 
A list of all proposed safety regulations, safety devices and training for individuals who shall participate in the charitable solicitation and/or a report as to the procedures to be used to ensure the safety of the members of the public who shall participate in the charitable solicitation and/or a report as to the procedures to be used to ensure the safety of the members of the public who will be traversing the roadways and/or highways of the Borough of West Cape May.
c. 
Review by Chief of Police. The Police Chief shall review the request, including the location, dates and times of the request, and the safety procedures and/or methods to be employed by the said charitable organization; and shall recommend to the Borough Commission whether the request should be granted, denied or modified. The Borough Commissioners shall thereafter promptly act on the request, by resolution.
d. 
County on State Highways. Should an approved request involve a County or State highway, the applicant shall request and receive approval of the solicitation from the Cape May County Board of Freeholders or State Commissioner of Transportation, as appropriate, and shall provide proof of said approval to the Borough.
e. 
Age Limitation. In no event shall any charitable organization requesting authorization from the Borough of West Cape May for charitable solicitation use any individual under the age of 18 years to perform any function or task associated with the charitable solicitation in any roadway.
f. 
Any charitable organization requesting authorization from the Borough of West Cape May for said charitable solicitations shall comply with all of the terms and conditions of N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997.
g. 
This section is adopted pursuant to N.J.S.A. 39:4-60, as amended by P.L. 1997, Chapter 82, approved April 30, 1997.
[Ord. No. 350-05 § I]
The purpose of this section is to prohibit illicit connections to the municipal separate storm sewer system(s) operated by the Borough of West Cape May so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 350-05 § II]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. 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. The definitions below are the same as or based on corresponding definitions in the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A-1.2.
DOMESTIC SEWAGE
Shall mean waste and wastewater from humans or household operations.
ILLICIT CONNECTION
Shall mean any physical or nonphysical connection that discharges domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater) to the municipal separate storm sewer system operated by the Borough of West Cape May unless that discharge is authorized under a NJPDES permit other than the Tier A Municipal Stormwater General Permit (NJPDES Permit Number NJ0141852). Nonphysical connections may include, but are not limited to, leaks, flows, or overflows into the municipal separate storm sewer system.
INDUSTRIAL WASTE
Shall mean nondomestic waste, including, but not limited to, those pollutants regulated under Section 307(a), (b), or (c) of the Federal Clean Water Act (33 S.C. § 1317(a), (b), or (c)).
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of West Cape May or other public body, and is designed and used for collecting and conveying stormwater.
NJPDES PERMIT
Shall mean a permit issued by the New Jersey Department of Environmental Protection to implement the New Jersey Pollutant Discharge Elimination System (NJPDES) rules at N.J.A.C. 7:14A.
NON-CONTACT COOLING WATER
Shall mean water used to reduce temperature for the purpose of cooling. Such waters do not come into direct contact with any raw material, intermediate product (other than heat) or finished product. Non-contact cooling water may however contain algaecides, or biocides to control fouling of equipment such as heat exchangers, and/or corrosion inhibitors.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
PROCESS WASTEWATER
Shall mean any water which, during manufacturing or processing, comes into direct contact with or results from the production or use of any raw material, intermediate product, finished product, byproduct, or waste product. Process wastewater includes, but is not limited to, leachate and cooling water other than non-contact cooling water.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 350-05 § III]
No person shall discharge or cause to be discharged through an illicit connection to the municipal separate storm sewer system operated by the Borough of West Cape May any domestic sewage, non-contact cooling water, process wastewater, or other industrial waste (other than stormwater).
[Ord. No. 350-05 § IV]
This section shall be enforced by the Code Enforcement Officer of the Borough of West Cape May and/or the City of Cape May Police Department.
[Ord. No. 350-05 § V]
Any person found guilty of a violation of any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 of the Revised General Ordinances of the Borough.
Any person who is convicted of violating this section within one year of the date of a previous violation of this section, and fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine shall not exceed the maximum fine for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section.
[Ord. No. 351-05 § I]
The purpose of this section is to prohibit the spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system (MS4) operated by the Borough of West Cape May, so as to protect public health, safety and welfare, and to prescribe penalties for the failure to comply.
[Ord. No. 351-05 § II]
For the purpose of this section, the following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this section clearly demonstrates a different meaning. 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.
MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
Shall mean a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, manmade channels, or storm drains) that is owned or operated by Borough of West Cape May or other public body, and is designed and used for collecting and conveying stormwater.
PERSON
Shall mean any individual, corporation, company, partnership, firm, association, or political subdivision of this State subject to municipal jurisdiction.
STORMWATER
Shall mean water resulting from precipitation (including rain and snow) that runs off the land's surface, is transmitted to the subsurface, is captured by separate storm sewers or other sewerage or drainage facilities, or is conveyed by snow removal equipment.
[Ord. No. 351-05 § III]
The spilling, dumping, or disposal of materials other than stormwater to the municipal separate storm sewer system operated by the Borough of West Cape May is prohibited. The spilling, dumping, or disposal of materials other than stormwater in such a manner as to cause the discharge of pollutants to the municipal separate storm sewer system is also prohibited.
[Ord. No. 351-05 § IV]
a. 
Water line flushing and discharges from potable water sources
b. 
Uncontaminated ground water (e.g., infiltration, crawl space or basement sump pumps, foundation or footing drains, rising ground waters)
c. 
Air conditioning condensate (excluding contact and non-contact cooling water)
d. 
Irrigation water (including landscape and lawn watering runoff)
e. 
Flows from springs, riparian habitats and wetlands, water reservoir discharges and diverted stream flows
f. 
Residential car washing water, and residential swimming pool discharges
g. 
Sidewalk, driveway and street wash water
h. 
Flows from firefighting activities
i. 
Flows from rinsing of the following equipment with clean water:
1. 
Beach maintenance equipment immediately following their use for their intended purposes; and
2. 
Equipment used in the application of salt and de-icing materials immediately following salt and de-icing material applications. Prior to rinsing with clean water, all residual salt and de-icing materials must be removed from equipment and vehicles to the maximum extent practicable using dry cleaning methods (e.g., shoveling and sweeping). Recovered materials are to be returned to storage for reuse or properly discarded.
Rinsing of equipment, as noted in the above situation is limited to exterior, undercarriage, and exposed parts and does not apply to engines or other enclosed machinery.
[Ord. No. 351-05 § V]
This section shall be enforced by the Code Enforcement Officer of the Borough of West Cape May and/or the City of Cape May Police Department.
[Ord. No. 351-05 § VI]
Any person found guilty of a violation of any provision of this section shall, upon conviction, be liable to the penalty stated in Chapter 1, § 1-5 of the Revised General Ordinances of the Borough.
Any person who is convicted of violating this section within one year of the date of a previous violation of this section, and fined for the previous violation, shall be sentenced to an additional fine as a repeat offender. The additional fine shall not exceed the maximum fine for a violation of the section, but shall be calculated separately from the fine imposed for the violation of the section.
[Ord. No. 429-09 § 10; Ord. No. 465-11 § 1]
Any licensee that allows or permits on the licensed premises any vocal or instrumental music shall require that music to end one hour before sale of alcoholic beverages is required to cease. All such licensees must comply with the Borough of West Cape May's Noise Ordinance, § 3-1, and the noise levels and standards set forth therein. The windows and doors in the establishment shall be kept closed so as not to disturb the neighborhood. This section shall not apply to plenary retail distribution licensees.
[Ord. No. 429-09 § 11]
All licensees shall provide for the air conditioning of the licensed premises. The air conditioning shall be of sufficient capacity so that the windows and doors in the establishment may remain closed so as not to disturb the neighborhood. The windows and doors shall, in fact, be kept closed when necessary so as not to disturb the neighborhood. This section shall not apply to plenary retail distribution licensees.
[Ord. No. 472-12 § 1; Ord. No. 506-2015]
Except as specified below, no person shall consume alcoholic beverages upon the streets, sidewalks, highways, alleys, public or quasi-public places, including parking lots, public or private, in the Borough of West Cape May, except for those places expressly licensed for the sale and consumption of alcoholic beverages. Further, no person shall enter, be in or be upon any of the places hereinabove specified while in possession of any opened bottle, can or other container of any type containing alcoholic beverages.
Notwithstanding the foregoing, the consumption or possession of alcoholic beverages shall be permitted:
a. 
As part of tastings offered by a licensed winery or craft brewery exhibiting its wares at the Borough's Farmer's Market.
b. 
For specific, individual events at the West Cape May Volunteer Fire Company Hall or in the Borough's Backyard Park behind Borough Hall, provided that each event
1. 
Has been approved by the Borough Commission;
2. 
Has been appropriately licensed by the New Jersey Alcoholic Beverage Commission; and
3. 
Has provided proof of appropriate liability insurance for the event to the Borough.
[Ord. No. 472-12 § 2]
No person shall consume, or be in possession of any open container of, alcoholic beverages in automobiles or other vehicles parked or in motion upon any streets, highways or parking lots, public or private, in the Borough of West Cape May.
[Ord. No. 472-12 § 3]
Any person found to be in violation of the provisions of Subsections 3-14.1 or 3-14.2 shall be subject to the penalties set forth in Chapter 1, § 1-5 of the Revised General Ordinances of the Borough of West Cape May.
[1]
Editor's Note: Prior history includes Ord. No. 496-2015
[Ord. No. 560-2019]
BOROUGH-SPONSORED EVENT
Shall mean any event, open to the public, which takes place in Wilbraham Park, at the West Cape May Municipal complex, or on the public sidewalks or streets, or on any other public property of the Borough of West Cape May. The term shall include the Lima Bean Festival, the Tomato Festival, the West Cape May Christmas Parade, and all other similar events.
PEDDLING, HAWKING or VENDING
Shall mean the carrying, conveying or transporting of goods, wares, merchandise, meats, fish, vegetables, fruits, flowers, food, ice cream, fruit ices, soda water, garden farm products or provisions or similar items, by any person, whether or not a resident of the Borough, traveling by foot, wagon, bicycle, pushcart, automotive vehicle or any other type of conveyance, including but not limited to mobile food vendors or food trucks, and the offering of such items for sale to purchasers.
[Ord. No. 560-2019]
a. 
It shall be unlawful for any person to engage in the business of peddling, hawking, or vending within the corporate limits of the Borough, unless such person is a resident of the State of New Jersey and is either (i) a person who has been honorably discharged from the active military service of the United States, or (ii) is an exempt member of a volunteer fire department of any municipality or fire district in the State of New Jersey, and in either case holds and has in his possession a valid license permitting peddling issued pursuant to and in accordance with the provisions of N.J.S.A. 45:24-9 et seq.
b. 
A licensed person must also annually register with the Borough by producing a license issued to him by a County Clerk, pursuant to Title 45 of the Revised Statutes of New Jersey, complete and sign a registration form made available by the Borough. There shall be no mercantile license fee for annual registration pursuant to this subsection.
[Ord. No. 560-2019]
A person licensed pursuant to § 3-15.3, may conduct peddling, hawking, or vending only in the Commercial Zoning Districts within the Borough. No peddler shall be permitted to operate in any congested area where operations would impede or inconvenience the public. No peddler shall violate any traffic parking law, ordinance or regulation, or operate in such a manner as to restrict the continued maintenance of a clear passageway for vehicles and pedestrians.
[Ord. No. 560-2019]
a. 
No person shall sell, offer for sale, hawk or peddle in the Borough before 9:00 a.m. or after 5:00 p.m. No person shall set up, park, or place any cart, equipment, or vehicle on the public streets for the purposes of vending prior to 8:00 a.m. and after 6:00 p.m.
b. 
No peddler shall use or operate any loudspeaker, public address system, sound amplifier, horn, bell, radio, record player, tape player, CD player, musical instrument or any similar device used to attract the attention of the public.
c. 
No peddler shall station, place, set up or maintain his cart or goods against display windows of fixed location businesses, nor shall they be within 35 feet from an entrance to any fixed location business.
[Ord. No. 560-2019]
The equipment used or employed by peddlers of ice cream, foods, beverages, confections and other related commodities shall be maintained in a clean and sanitary manner and be subject to the inspection of the Cape May County Health Department or its authorized agents. Any violation found and not immediately corrected shall be grounds for revocation of the peddler's registration.
[Ord. No. 560-2019]
It shall be unlawful for any person to engage in the business of a peddler within the corporate limits of the Borough without first obtaining comprehensive general liability insurance, with combined single coverage for bodily injury and property damage which may arise from operations under or in connection with the peddling, hawking or vending in an amount not less than $500,000, or such policies and amounts of coverage as recommended by the Joint Insurance Fund or current Borough insurance carrier. The Borough shall be named as an additional insured on all such policies. All such insurance policies shall also include a provision to the effect that the same will be noncancelable except upon not less than 30 days' prior written notice to the Borough. Copies of all policies or certificates of insurance shall be provided to the Borough.
[Ord. No. 560-2019]
Peddling, hawking or vending is prohibited at Borough-sponsored events and in any location within 200 feet of the perimeter of those events, while those events are being held, unless the vendor is a participant in the event who has registered with the Borough and paid the appropriate fee to have a stall or location at the event. Vendors registering for Borough-sponsored events are not required to meet the conditions of licensing contained in § 3-15.2.
[Ord. No. 560-2019]
Any person violating any of the provisions of this section shall, upon conviction in a court of proper jurisdiction, be punished by a fine not exceeding $1,250 or by imprisonment not exceeding 90 days, or both. If a violation is immediately correctable by moving the vending unit, failure to do so upon the request of a Police Officer or Zoning Officer shall constitute a separate offense and may subject the vendor to arrest and the towing of his vending unit. Every day that a violation of this section exists shall constitute a separate offense.
[Added 8-28-2019 by Ord. No. 570-19]
It shall be unlawful for any person to display or behave in an unreasonably, unusually, or unnecessarily loud, noisy, boisterous manner, emitting loud cries or other noises, or other course of alarming conduct, with knowledge that such conduct is likely to annoy or cause a nuisance to those about them, or to otherwise disrupt and disturb the public peace within the Borough.
Any person found guilty of a violation of any provision of this section shall, upon conviction, be liable to the penalty stated in § 1-5 of the Revised General Ordinances of the Borough.