[Ord. No. 6-69 § I; Ord. No. 556-2018]
The following definitions shall apply, unless a different meaning
is required from the context of this section:
a.
TRAILER - Shall include any device or unit commonly known as trailer,
house trailer, trailer coach, mobile home, camp car, or similar unit,
used or capable of being used for living, sleeping, or business purposes,
by one or more persons, and equipped with, or capable of being equipped
with, wheels or similar devices used for transporting the unit from
place to place, whether the unit be self-propelled or otherwise; the
word trailer shall also include any unit which at any time heretofore
was manufactured or designed for any of the purposes, or intended
to be used for any of the purposes. This definition shall also include
any device or unit commonly known as a trailer, and used for storage
of tools, equipment, or other property.
b.
TRAILER CAMP - Means any park, trailer park, trailer court, court,
camp, site, lot, parcel, or tract of land designed, maintained or
intended for the purpose of supplying any location or accommodations
for any trailer or trailers or upon which any trailer or trailers
are parked, and shall include all buildings used or intended for use
as part of the equipment thereof whether a charge is made for the
use of the trailer camp and its facilities or not. Trailer camp shall
not include automobile or trailer sales lots on which unoccupied trailers
are parked for purposes of inspection and sale.
c.
PERSON - Means and shall include persons, partnerships, firm, company,
corporation, tenant, owner, lessee, or licensee, their agents, heirs
or assigns.
[Ord. No. 6-69 § II; Ord. No. 7-69 § 1; Ord. No. 503-15; Ord. No. 556-2018]
a.
It shall be unlawful, within the limits of the Borough, for any person
to park any trailer on any street, alley, or highway, or other public
place, or on any tract of land owned by any person occupied or unoccupied,
within the Borough, except as provided in this section.
b.
Emergency or temporary stopping or parking of a trailer is permitted
on any street, alley, or highway for not longer than one hour, subject
to any other and further prohibitions, regulations, or limitations
imposed by the traffic and parking regulations or ordinances for that
street, alley, or highway.
c.
No person shall park or occupy any trailer on privately owned premises,
other than an approved trailer camp, whether or not there is a dwelling
or other structure on the premises. The parking of one unoccupied
trailer in a rear yard or side yard for a period of time not to exceed
48 hours shall be permitted, provided that no utility services of
any kind shall be connected to the trailer, nor shall any person sleep
in, eat in, or otherwise occupy the trailer during the period of time.
d.
Nothing contained herein shall be construed to prevent the continued
occupancy of any trailer located outside an approved trailer camp
if the trailer was so located and occupied on or before May 17, 1969;
any trailer so located and so occupied shall be subject to all reasonable
health and safety requirements in existence on May 17, 1969, or adopted
thereafter.
e.
It shall be unlawful for any person, including the per-son owning
or operating any trailer, to remove, or cause to be removed, or permit
to be removed, the wheels or any other transportation apparatus from
the trailer, or to otherwise permanently fix it to the ground, in
a manner that would prevent ready removal of the trailer.
f.
By way of exception to the within limitations, any person may store
an unoccupied trailer, camping trailer, camper or camper body (hereinafter
collectively referred to as "Stored Vehicle") upon privately owned
premises in this Borough, upon the following conditions:
1.
Application for a license to permit such storage shall be made to
the Zoning Officer, and no such storage shall be commenced before
a license is obtained.
2.
The applicant shall certify, in his application, that there will
be no occupancy whatever of the Stored Vehicle, whether for residential,
recreational, business or other uses, and there shall be no such occupancy
during the period of storage.
3.
The applicant shall further certify, in his application, that there
will be no gas, electric, telephone, water, sewer, or other heat,
light, power or other utility connected to or with, or placed in the
Stored Vehicle, and there shall be none during the period of storage.
4.
The applicant shall specify, on a plot plan attached to his application,
exactly where the Stored Vehicle will be located, and the location
must be approved by the Code Enforcement Official or Zoning Officer
before any license shall be granted. The most important factors in
determining the suitability of any proposed location shall be inconspicuousness
and remoteness from the highway and the view of the general public.
5.
Within the boundaries of the tract of land upon which such storage
is proposed, there must be a dwelling, occupied by the applicant or
a member of his immediate family, and applicant must present to the
Zoning Officer satisfactory evidence of applicant's right to
use the land for such storage, together with evidence of the ownership
of the Stored Vehicle.
6.
Not more than one license shall be granted to any one applicant,
or in connection with any one dwelling or any one tract of land.
7.
The Zoning Officer shall have authority to revoke any license issued
hereunder, for cause after hearing, upon five days notice delivered
to the dwelling house mentioned in the application.
g.
By way of exception to the within limitations, any person may temporarily
store an unoccupied trailer used for storage of tools, equipment,
or other property upon a street, highway, alley, or public place in
the Borough, for a 30 day term, upon the following conditions:
1.
Application for a license to permit storage shall be made to the
Zoning Officer, payment of a Fifty ($50.00) Dollar fee for a 30 day
term, and no such storage shall be commenced before a license is obtained.
The applicant may apply for multiple license terms at once provided
the applicant pays the fee for each additional term.
2.
The applicant shall certify, in his application, that there will
be no occupancy of the Stored Vehicle, whether for residential, recreational,
business or other uses.
3.
The applicant shall further certify, in his application, that there
will be no gas, electric, telephone, water, sewer, or other heat,
light, power or other utility connected to or with, or placed in the
Stored Vehicle, and there shall be none during the period of storage.
4.
The applicant shall specify, on a plot plan attached to his application,
exactly where the Stored Vehicle will be located, and the location
must be approved by the Code Enforcement Official before any license
shall be granted. The most important factor in determining the suitability
of any proposed location shall be proximity and safety.
5.
The applicant must present to the Zoning Officer satisfactory evidence
of the ownership of the Stored Vehicle and that the temporary storage
is connected to providing work or services to a dwelling or tract
of land.
6.
Not more than one license shall be granted to any one applicant,
or in connection with any one dwelling or any one tract of land.
7.
The Zoning Officer shall have authority to revoke any license issued
hereunder, for cause after hearing, upon five days notice delivered
to the dwelling house mentioned in the application
[Ord. No. 6-69 § III]
It shall be unlawful for any person to establish, operate or
maintain, or permit to be established, operated or maintained upon
any property owned or controlled by him, a trailer camp within the
limits of the Borough without having first secured a license therefor
from the Board of Commissioners, granted and existing in compliance
with the terms of this section. Each such license shall expire annually
on December 31, and may be renewed on an annual basis according to
the provisions of this section. No trailer camp license shall be valid
unless on the face thereof is stated the number of trailers for which
the trailer camp is licensed.
[Ord. No. 6-69 § IV; Ord. No. 100-86 §§ 1-2; Ord. No. 200-92 § 1]
The annual license fee for a trailer camp shall consist of a
base fee of $200 and an additional monthly fee of $10 per calendar
month per trailer, each of which fees shall be payable as set forth
herein. The base fee shall cover one calendar year or any portion
thereof, and the monthly fee shall cover one calendar month or any
portion thereof, and there shall be no reduction of either fee for
any period shorter than one calendar year or one calendar month respectively,
except as hereinabove set forth. There shall be no reduction of the
monthly fee because of nonoccupancy of any trailer located within
a trailer camp. Each of the license fees is hereby expressly declared
to be imposed for revenue.
[Ord. No. 6-69 § V]
Application for every trailer camp license or for the annual
renewal of same, shall be made upon application forms available at
the Office of the Borough Clerk, and shall be signed by the applicant.
Application for annual renewal of every trailer camp license shall
be filed with the Borough Clerk not later than December 1 of the expiring
license year, and annual license fee shall accompany the application.
Failure to file a complete renewal application and to pay annual license
fee on or before the date is hereby specifically declared to be grounds
for revocation of license.
[Ord. No. 6-69 § VI]
The license application forms and license renewal application
forms available at the Office of the Borough Clerk shall provide appropriate
spaces for the following information, which shall be supplied by the
applicant:
a.
Full name and address of applicant. If applicant is a corporation,
the application shall contain the full name and address of each Director,
each Officer, and each holder of 10% or more of the stock in the corporation.
b.
Trade name, if any.
c.
Location of premises covered by license.
d.
Total area of premises.
e.
Number of trailer sites permitted.
If applicant is a corporation, the application shall contain
the full name and address of each Director, each Officer and each
holder of 10% or more of the stock in the corporation.
[Ord. No. 6-69 § VII]
The applicant shall in the application certify the truth of
the information contained therein, and shall also certify as follows:
a.
That there is on file with the Borough Clerk a scale diagram of the premises sought to be licensed showing the number of trailer spaces permitted, which number shall correspond to the number set forth in subsection 14-1.6e, with each trailer space separately and serially numbered, and that a duplicate copy of the diagram is on file in the local office of the trailer camp operator.
b.
That all sanitary requirements, Board of Health regulations, and
Police and Fire regulations have been complied with.
[Ord. No. 6-69 § VIII]
Once each month each trailer camp operator shall file an operator's
monthly report, and pay the proper monthly license fee, at the Office
of the Borough Clerk. The operator's monthly report shall be
filed regardless of whether any operations have been conducted during
the previous month, and regardless of whether any monthly license
fee is due. The report and fee for each calendar month shall be filed
and paid not sooner than the first day of the next month, and not
later than the tenth day of the next month, at the Office of the Borough
Clerk. The operator's monthly report shall be made upon forms
available at the Office of the Borough Clerk, and shall be signed
by the operator. The forms shall provide appropriate individually
numbered spaces to show which trailer spaces are unoccupied and which
are occupied, the surname of the occupant and a description of the
trailer and accompanying automobile, if any, including license number
of each. Failure to file the completed report by the date due, or
to pay the fee by the date due, is hereby specifically declared to
be grounds for revocation of license.
[Ord. No. 6-69 § IX]
It is hereby specifically ordained that payment of the monthly license fee is the sole responsibility of the trailer camp operator, without regard to payment or nonpayment to the operator by the owner or occupant of any trailer in the trailer camp. Advance payment of monthly license fee is specifically prohibited and it is specifically ordained that the Borough Clerk is prohibited from accepting advance payment of monthly license fees. The fee shall be payable only at the times and in the manner prescribed in subsection 14-1.8.
[Ord. No. 6-69 § X]
In the case of any trailer camp operator whose monthly license
fees have been past due on three or more occasions, in addition to
any other remedy provided for, the Board of Commissioners may by appropriate
resolution require bond with the Office of the Borough Clerk. Whenever
such bond is required, it shall be in an amount equal to $915 for
each trailer permitted in the trailer camp and shall remain on deposit
with the Borough so long as the operator continues to operate the
trailer camp.
[Ord. No. 6-69 § XI]
All licensees shall comply fully with the following conditions
and regulations:
a.
There shall be provided an adequate supply of pure drinking water
at each individual trailer location.
b.
Each trailer shall be provided with a permanent connection with adequate
plumbing to a cesspool, septic tank, or where possible, a public sewage
system.
c.
There shall be no dumping of waste water, waste material or trash
on the ground.
d.
Provision shall be made for the disposal of waste water, garbage,
refuse and trash.
e.
There shall be full compliance with all regulations of the Board
of Health.
f.
Adequate illumination shall be provided.
g.
All premises shall comply fully with the regulations of the Police
and Fire Departments, penal laws, and Borough ordinances.
[Ord. No. 6-69 § XII]
a.
Every trailer camp operating hereunder shall provide a minimum of
twelve hundred (1,200) square feet[1] of space per trailer, and the trailers shall be arranged
in rows abutting or facing upon a driveway or clear unoccupied space
not less than thirty (30") feet in width, with unobstructed access,
using such driveway, to a public street or highway. No trailer camp
shall be licensed for more than 75 trailers, and not more than 75
trailers shall be permitted in any trailer camp at one time, unless
the trailer camp shall have been issued an Enlarged Summer License,
in which case any trailer camp holding such "Enlarged Summer License"
may contain a total of 125 trailer spaces, and shall be permitted,
from May 1 to October 31 each year, to accommodate a total number
of 125 trailers. The area licensed for operation as a trailer camp,
under either a Regular License or under an Enlarged Summer License,
shall not extend across, or be divided by, any public highway or public
toll road, either local, County, State, Federal, or other public highway
or public toll road. No area shall be licensed for operation as a
trailer camp if any part of the area is less than one thousand (1,000')
feet, when measured in a straight line distance from any part of another
area licensed under a separate license for operation as a trailer
camp.
b.
The Enlarged Summer License may be applied for and issued at any
time within 60 days following final passage of this ordinance. Thereafter
there shall be no new Enlarged Summer Licenses issued, but existing
Enlarged Summer Licenses may be renewed annually, upon application
being made and fee paid in accordance with the provisions of this
section.
c.
Effective immediately, the annual renewal fee for the Enlarged Summer License shall be $75 in addition to the regular annual license fee set forth in subsection 14-1.4, and also in addition to the monthly fee of $10 per calendar month per trailer. The Enlarged Summer License fee shall cover the period from May to October 31, and there shall be no pro rata reduction of the fee for any shorter period. The monthly fee shall cover one calendar month or any portion thereof, and there shall be no reduction of the monthly fee because of non-occupancy of any trailer; the monthly fee shall be payable for every month, or portion thereof, in which a trailer is located in a space licensed under and Enlarged Summer License, even though the month is outside the period licensed under an Enlarged Summer License. In the event that a trailer space licensed either under a regular license or an Enlarged Summer License is occupied by different trailers at different times during a month, there shall be only one monthly fee of $10 due from any one trailer space.
d.
During the period from November 1 to April 30, occupancy of any trailer
located upon a trailer space licensed under an Enlarged Summer License
shall be absolutely prohibited; heat, light, water and power connections,
including portable gas or fuel connections, shall be disconnected
and remain disconnected during this period.
e.
The operator's monthly report filed by each trailer camp operator
who has been issued an Enlarged Summer License shall specify which
trailer spaces are licensed under the Enlarged Summer License, and
no alteration shall be permitted in the arrangement of trailer spaces
unless and until a corrected operator's monthly report has been
filed.
[Ord. No. 6-69 § XIII]
Each trailer camp operator shall cause to be constructed and affixed to each individual trailer space within 60 days following final passage of this ordinance one wooden, metal or plastic signboard not less than six (6") inches in height or eighteen (18") inches in width, upon the extreme left of which shall be painted or otherwise permanently affixed the number of the individual trailer space as shown on the diagram referred to in subsection 14-1.7. Whenever the individual trailer space is occupied by a trailer, the balance of the signboard shall contain the surname of the occupant of the trailer, painted or otherwise permanently affixed thereto. The numbers and letters used on the signboard shall be at least four (4") inches in height and have a thickness enabling them to be read at a distance of twenty (20') feet. All such signboards shall be uniformly erected in each trailer camp, being attached to a post or other permanent object, between three (3') feet and five (5') feet from the ground, and shall be kept clearly visible from the nearest driveway. Signboards shall be numbered and lettered in a light color on a dark background.
[Ord. No. 6-69 § XIV]
The maximum number of trailer camps licensed at any given time
in this Borough shall be two. No application for a trailer camp license
shall be accepted, nor shall any trailer camp license be issued, if
the granting of such application and license shall cause the number
of outstanding licenses to exceed the limited number. This limitation
shall not be deemed to prohibit annual renewals of any existing trailer
camp licenses.
[Ord. No. 6-69 § XV]
Any change in the information required under subsection 4-1.6 shall be submitted to the Board of Commissioners, for approval, and such approval may be granted only after notice and public hearing. Operation of any trailer camp prior to obtaining such approval shall subject the violator to the penalties set forth in subsection 14-1.19. Notice shall be published once in the official newspaper of the Borough of West Cape May, at least seven days before the date of the public hearing, and the notice shall contain all of the information required under subsection 14-1.6. Proof of the publication shall be filed with the Borough Clerk prior to the date of the public hearing.
[Ord. No. 6-69 § 16]
Failure to operate a trailer camp for a period of one full year
is hereby specifically declared to be grounds for revocation of license.
[Ord. No. 6-69 § XVII]
Existing trailer camps or any part thereof presently in the
Borough of West Cape May shall comply with all subsections of this
section.
[Ord. No. 6-69 § XVIII]
In the event of a failure or refusal to comply with any of the
terms of this section, the Board of Commissioners may on notice and
hearing, refuse or revoke any license applied for or granted hereunder.
[Ord. No. 6-69 § XIX]
Any person violating any of the provisions of this section shall, upon conviction, be liable to the penalty as stated in Chapter I, Section 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.
