[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.
Means any site preparation, assembly, erection, repair, alteration
or similar action of buildings or structures.
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.
Means any dismantling, destruction or removal of buildings,
structures, or roadways.
Means the New Jersey Department of Environmental Protection.
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.
Means either a single pressure peak or a single burst (multiple
pressure peaks) that has a duration of less than one second.
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.
Means any vehicle that is propelled other than by human or
animal power on land.
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.
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.
Means any distinct parcel of land that is used for more than
one category of activity. Examples include, but are not limited to:
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
A building, which is both commercial (usually on the ground
floor) and residential property, located above, below or otherwise
adjacent to.
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.
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.
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.
Means any street, avenue, boulevard, road, highway, sidewalk,
alley or easement that is owned, leased, or controlled by a non-governmental
entity.
Means any street, avenue, boulevard, road, highway, sidewalk,
alley or easement that is owned, leased, or controlled by a governmental
entity.
Means any real property or structures thereon that are owned,
leased, or controlled by a governmental entity.
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).
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.
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.
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.
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:
b.
This noise ordinance applies to sound received at the following property
categories:
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]
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.
[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:
[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.
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.
Shall mean a container suitable for the depositing of litter.
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]
[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.
Shall mean waste and wastewater from humans or household
operations.
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.
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)).
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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.
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.
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.
Shall mean any individual, corporation, company, partnership,
firm, association, or political subdivision of this State subject
to municipal jurisdiction.
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:
[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]
[1]
Editor's Note: Prior history includes Ord. No. 496-2015
[Ord. No. 560-2019]
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.
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.
