[Adopted by Ord. No. 82-20 (Sec. 4-9 of the 1975 Code);
amended in its entirety 11-19-2007 by Ord. No.
2007-16]
As used in this article, the following terms shall have the meanings
indicated:
ARCADE
Any commercial establishment containing more than three coin-operated
amusement devices.
COIN-OPERATED AMUSEMENT DEVICE
Any amusement machine or device customarily operated by means of
the insertion of a coin, token or similar object, for the purpose of amusement
or skill. The term does not include vending machines which are not incorporated
into gaming or amusement features nor does the term include any coin-operated
mechanical musical devices. Said term shall include, but is not limited, to
pinball machines, video games, Skee-Ball games, shooting galleries, and air
hockey games.
OPERATOR
Any person, firm, corporation, partnership or association who or
which sets up for operation by another, or leases or distributes for the purpose
of operation by another, any devices herein defined, whether such setting
up for such operation, leasing or distributing be for a fixed charge or rental,
or on the basis of a division of the income derived from such device or otherwise.
PROPRIETOR
Any person, firm, corporation, partnership, association or club who
or which, as the owner, lessee or lessor, has under his or its control any
establishment, place or premises in or at which such device is placed or kept
for use or play or on exhibition for the purpose of use or play.
RECREATIONAL USE
Facilities that include, but are not limited to, providing the following
activities, whether for a fee or not: water flumes; billiard and pool halls;
table games such as air hockey, foosball, and ping-pong; bowling alleys; miniature
golf courses; driving ranges; amusement rides; legalized games of chance;
coin-operated amusement devices; video games; and circuses that are to be
conducted within 200 feet of a residential property located in a residential
zone.
The Zoning Officer of the Township and the Township Police Department
shall have the authority to enforce the provisions of this article. The violation
of any of the provisions of this article shall, upon conviction, be punishable
by a fine of not less than $100 nor more than $500. Each twenty-four-hour
period during which any violation continues to exist shall be deemed a separate
offense and shall be punishable as aforesaid. Upon a second conviction for
an offense or series of offenses, the violator shall be fined a sum of not
less than $300 nor more than $500 for each individual offense, as defined
herein. Upon three or more convictions for an offense or series of offenses,
the violator shall be fined a sum of $500 for each individual offense.
[Adopted by Ord. No. 91-25 (Sec. 4-10 of the 1975 Code)]
It is hereby declared that the Township of Lower, in the County of Cape
May, is a seashore resort municipality containing amusement and entertainment
areas according to the customary understanding of such terms in and around
said Township, which areas are more particularly described in Schedule A annexed
hereto.
Any person, firm or corporation violating any of the provisions of this
article shall be deemed a disorderly person and shall be subjected by the
Municipal Court to a penalty of not less than $500, nor more than $1,000,
or up to 180 days' community service, or up to 90 days in jail, or any combination
thereof.