City of Cape May, NJ
Cape May County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Cape May as indicated in article histories. Amendments noted where applicable.]
[Adopted as Secs. 8-1 through 8-12 of the 1997 Revised General Ordinances; amended in its entirety 4-18-2005 by Ord. No. 23-2005]
A. 
Paid places of resort, beaches, bathing and recreational facilities are hereby established in the City for the public health, recreation and entertainment.
B. 
Such places shall be located along the beach strand, as defined in § 158-12A of this article, upon all lands in the City fronting on the Atlantic Ocean, inclusive of all beachfront and waterfront lands, or on such beachfront and waterfront lands as otherwise prescribed by the City Council.
C. 
The provisions of this article relating to fees and requiring badges shall not apply, however, to persons walking on the promenade or persons using a jetty or other permitted location solely for fishing purposes.
[Ord. No. 341-2018; amended 11-18-2019 by Ord. No. 383-2019]
As used in this article, the following term shall have the meaning indicated:
COMMERCIAL BEACH TAG
A seasonal beach tag that may be purchased by any entity or person(s) that rents or makes rooms or living space available to members of the public for a fee, and that is required to obtain a mercantile license from the City of Cape May or another municipality.
[Amended 1-21-2020 by Ord. No. 387-2019]
SEASONAL BEACH TAG
A beach tag to use the public beaches in the City of Cape May during a bathing season for personal use by the purchaser of such beach tag.
[Amended 4-22-2009 by Ord. No. 171-2009; 1-12-2011 by Ord. No. 223-2010; 12-18-2012 by Ord. No. 259-2012; 1-7-2014 by Ord. No. 273-2013; 3-18-2014 by Ord. No. 278-2014]
In order to provide the necessary funds to protect, guard, clean, police, maintain, and otherwise manage the beaches of the City, the following fees shall be charged:
A. 
No fees shall be charged or collected from any person under the age of 12 years.
B. 
Twenty dollars per person, per season, for seasonal beach tags purchased before April 1 of the bathing season.
C. 
Twenty-five dollars per person, per season, for seasonal beach tags purchased before April 1 of the bathing season, except that seasonal tags purchased on or before December 31, 2019, shall be $20.
[Added 11-18-2019 by Ord. No. 383-2019[1]]
[1]
Editor's Note: This ordinance also redesignated former Subsections C through J as Subsections D through K.
D. 
Thirty dollars per person, per season, for seasonal beach tags purchased on or after April 1 of the bathing season.
[Amended 11-18-2019 by Ord. No. 383-2019]
E. 
Twenty dollars per person, per week, for weekly beach tags, valid from and including Saturday through and including Saturday of the following week, which shall be available during any portion of the bathing season. The last valid date for weekly beach tags shall be imprinted on each weekly beach tag.
[Amended 11-18-2019 by Ord. No. 383-2019]
F. 
Six dollars per person, per day, for daily beach tags, which shall be available during any portion of the bathing season.
G. 
Fifteen dollars per person, per any consecutive three-day period, for a three-day beach tag, which shall be available during any portion of the bathing season.
[Amended 11-18-2019 by Ord. No. 383-2019]
H. 
No fees shall be charged to or collected from persons in active military service in any of the Armed Forces of the United States or to their spouse or dependent children over the age of 12 years old.
I. 
No fees shall be charged to or collected from persons who are active members of the New Jersey National Guard who have completed initial active duty training and to their spouse or dependent children over the age of 12 years old. As used in this subsection, "initial active duty training" means basic military training, for members of the New Jersey Air National Guard, and basic combat training and advanced individual training, for members of the New Jersey Army National Guard.
J. 
No fees shall be charged to those persons who have served in any of the Armed Forces of the United States and who were discharged or released therefrom under conditions other than dishonorable and who either have served at least 90 days in active duty or have been discharged or released from active duty by reason of a service-incurred injury or disability ("veterans"). In order to obtain a badge with no fee, such veterans shall present to the City documentation, consistent with laws, rules and regulations promulgated by the Adjutant General of the New Jersey Department of Military and Veterans' Affairs, sufficient to establish entitlement to a badge with no fee.
K. 
Records and verification. As required by law, the City shall maintain a list of all individuals to whom beach tags are issued pursuant to Subsections H, I, and J above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The City Manager shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption present appropriate credentials demonstrating active duty or Veterans status.
The Cape May Beach Utility Fund is hereby created effective January 1, 2005, for the purpose of regulating, maintaining and controlling the Cape May City beachfront operations and keeping and maintaining appropriate records of beach operating and capital expenditures, pursuant to N.J.S.A. 40A:4-1 et seq. Into such fund shall be deposited all beach tag revenues, and paid from such fund shall be all operating and capital expenditures properly attributable to the beachfront operations. The Cape May Beach Utility Fund shall be under the supervision and control of the Department of Finance.
A. 
No person 12 years of age or over shall bathe at or otherwise use or be upon the beaches or areas set forth in § 158-1 without having first acquired and then having in his or her possession a proper and effective beach tag, license or permit to use the beach, which shall be worn conspicuously by the person during said use, so that it shall be visible at all times and shall be exhibited on demand to the beach inspector or other duly authorized representative of the City.
B. 
Holders of current Cape May Point beach tags shall be granted access to Cape May City Beaches via the Sunset Pavilion boardwalk access, or the Cape May City Mt. Vernon access ramp. Access is limited to transitory use only. Holders shall not sunbathe, swim, bathe, loiter, and engage in any recreational or other activity that would cause delay. Such badges shall be worn conspicuously by the person during said use, so that it shall be visible at all times and shall be exhibited on demand to the beach inspector or other duly authorized representative of the City. This subsection shall be effective only during the existence of a reciprocity agreement with the Borough of Cape May Point, which shall be passed by resolution.
The respective beaches and other areas established by § 158-1 shall be open for such periods as City Council shall annually designate by resolution pursuant to § 158-6. Unless otherwise designated by resolution of City Council, beach tags shall be required between the hours of 10:00 a.m. and 5:00 p.m. prevailing time daily. The City reserves the right to close beaches or other areas during inclement weather or other emergent situations.
The City Council is hereby authorized and empowered to:
A. 
Adopt by resolution, in addition to the rules and regulations herein enumerated, such other rules and regulations as may be necessary for the proper control and regulation of the beachfront and other areas and the waters adjacent thereto.
B. 
Designate by resolution the protected bathing beaches where lifeguards and attendant equipment are to be provided by the City and from which beaches persons may bathe and swim; however, the City Manager may change or abolish the precise location of any one or more bathing beaches from time to time, as safety and attending circumstances shall require.
C. 
To determine and establish by resolution the period during each year when each of the paid bathing beaches shall be opened and closed.
The following rules and regulations are hereby established, and it shall be unlawful to violate any of the rules and regulations or those subsequently adopted resolutions, during the bathing season or at other times if specifically provided for:
A. 
The City or its duly authorized representatives shall be the sole and exclusive vendor and/or lessor of the privileges, rights, badges or permits, as it is hereby deemed unlawful for any person or entity to purchase or lease the badges from any one other than the City or its duly authorized representatives.
[Amended 11-18-2019 by Ord. No. 383-2019]
B. 
The counterfeiting, copying, duplication or other reproduction of the beach badges or permits issued by the City by anyone other than the City or its authorized representatives is hereby prohibited.
C. 
The possession of counterfeit and/or fraudulently obtained badges or permits is hereby prohibited.
D. 
Although the City will retain sole and final authority to design and issue beach tags, commercial establishments may request that the City issue a "branded" tag that depicts or identifies the particular commercial establishment. The cost of such "branding" will be borne by the requesting entity, and such branded tags shall only be issued upon approval by the City Manager.
[Added 11-18-2019 by Ord. No. 383-2019]
E. 
Not later than November 1 of each year, the City Manager shall provide City Council with a report that includes the amount of revenue raised by the beach tag fees, broken down by category of tag; the cost of operation of the beach utility for that year; the amount of any excess or shortfall in revenue; and recommendations to the City Council as to whether the beach fee ordinance should be modified. Council shall review this information and, in its discretion, make any adjustments to the beach fee ordinance that it deems necessary.
[Added 11-18-2019 by Ord. No. 383-2019]
F. 
Any holder of a mercantile license that purchases personal seasonal beach tags for distribution to its customers shall be subject to possible suspension or revocation of its mercantile license.
[Added 11-18-2019 by Ord. No. 383-2019]
[Ord. No. 361-2018]
A. 
Boardwalk, promenade and environs. No person shall, upon any boardwalk, promenade, steps or ramps adjacent thereto;
(1) 
Operate, drive or park any type of vehicle except emergency vehicles which are authorized by the City Manager, Chief of Police, Superintendent of Public Works or Beach Supervisor to be used for policing and cleaning.
(2) 
Start a fire or use any type of portable device used for cooking.
(3) 
Ride, park or take any bicycle from May 16 to September 14 except between the hours of 4:00 a.m. and 10:00 a.m.
[Ord. No. 350-2018]
(4) 
Take, allow, or permit any type of animal with or without a leash except as follows:
[Amended 11-15-2010 by Ord. No. 218-2010]
(a) 
Dogs shall be permitted on the Promenade during the months of October, November, December, January, February, March, and April.
(b) 
Dogs shall be kept on a leash at all times and be accompanied by their owner or caretaker.
(c) 
The owner or caretaker shall carry a dog waste disposal device. Any owner or caretaker of a dog who permits such dog to leave animal waste on the Boardwalk, Promenade, beach without disposing of same shall be subject to the penalties as set forth in § 158-15.
(5) 
Use or permit the use of roller devices which are securely connected to safety shoes, commonly called roller skates and in-line skates, from May 1 to October 31 except between the hours of 4:00 a.m. through 10:00 a.m. except for baby carriages and wheelchairs for persons with disabilities, roller devices which are not securely connected to safety shoes are prohibited at all times.
(6) 
Park or stand, carry or transport any surfboard on the promenade or boardwalk, except to cross the promenade at such places and during such hours that surfing shall be permitted by the Beach Supervisor of Lifeguards.
(7) 
Ignore any whistle, signal or order of any lifeguard or police officer of the City pertaining to the sport of fishing from the asphalt promenade or rock wall adjacent thereto or any jetty or groin.
(8) 
Park vehicles, loiter, assemble, band or crowd together or otherwise act so as to interfere with the ingress and egress of others to the beach.
(9) 
Engage in any type of rough athletics at any time.
(10) 
Hawk or peddle any article, goods, wares or merchandise or place or paint signs, advertisements, notices, symbols or marks upon the boardwalk, asphalt promenade or any of the approaches thereto, except as permitted by the City Manager or where a license is required under the City Code by the City Council.
(11) 
Consume or possess alcoholic beverages.
B. 
Beaches. No person shall, upon any beach, jetty, groin or waters adjacent thereto:
(1) 
Throw, place, deposit or leave any bottles, glass, crockery, sharp or pointed articles or things, paper, refuse or debris of any kind on the beaches.
(2) 
Permit any animal on the beach, except that dogs shall be permitted on the beach upon the following conditions:
(a) 
Dogs shall be permitted only during the months of October, November, December, January, February, March, and April between 6 a.m. and 10 p.m. During the remainder of the year (May, June, July, August and September), dogs shall not be permitted on the beach.
(b) 
Dogs shall be kept on a leash at all times and be accompanied by their owner or caretaker,
(c) 
The owner or caretaker shall carry a dog waste disposal device. Any owner or caretaker of a dog who permits such dog to leave animal waste on the beach without disposing of same shall be subject to the penalties as set forth in § 158-15.
(3) 
Consume or possess alcoholic beverages.
(4) 
Change apparel, dress or undress, defecate or commit any other nuisance.
(5) 
Act in an obscene or indecent manner.
(6) 
Make, continue or cause to be made any loud, unnecessary or unusual noise or revel, disport or behave in a noisy and boisterous manner or emit loud cries and other noises also as to inconvenience others, or otherwise disrupt and disturb the public peace and dignity.
(7) 
Operate, drive, park or move any vehicle on the beach except for i) those permitted by City concession agreements; ii) emergency vehicles; or iii) those used for cleaning or policing the beaches with the permission of the City Manager, Chief of Police, Beach Supervisor or Superintendent of Public Works.
(8) 
Start or maintain a fire for any purpose or start or maintain a portable device for cooking.
(9) 
Hawk or peddle any article, goods, wares, or merchandise, or place or paint any signs, advertisements, notices or symbols on the beach except as permitted by the City Manager or where a license is required under the City Code by the City Council.
(10) 
Bathe or swim from the beachfront or other designated area except from designated bathing beaches where lifeguards are provided.
(11) 
Engage in any type of fishing within 500 feet of where people are bathing, except at the following locations:
[Amended 11-18-2019 by Ord. No. 382-2019]
(a) 
Along the beaches, groins and jetties east of Baltimore Avenue.
(b) 
Within an area 100 feet east and west of the Queen Street jetty and on the Queen Street jetty.
(12) 
Swim or bathe beyond a safe depth in the ocean, as indicated, determined or regulated by the beach patrol or any member thereof. No one shall dive or swim from any jetty, boardwalk or asphalt promenade, or any rock wall adjacent thereto.
(13) 
Ignore any whistle, signal or order from any lifeguard or police officer of the City pertaining to the use of any lifebelt, water wings, inner tube or any floating or inflated object or device of any kind or description in the bathing area adjacent to the beach. No canoe, boat or life raft or any type of motorized boat, raft or canoe shall be used on any beach at any time with the following exceptions:
(a) 
Kayaks are permitted on unguarded beaches at any time.
(b) 
On guarded beaches, kayaks are permitted at any time other than between the hours of 9:30 a.m. and 5:30 p.m. during the guarded beach season and at any time during the unguarded season.
(c) 
A twenty-five-foot kayak launching and landing area to be used for the purpose of accessing water outside of the bathing or surf zone shall be established at a location on the far western end of the City-owned beach by the Beach Supervisor as safety and other circumstances shall require.
(d) 
Kayak wave surfing is prohibited at all guarded beaches during guarded beach hours.
(e) 
Anyone operating, using or riding upon a kayak in any water within the control of the City of Cape May shall comply with all state and federal regulations.
(14) 
Engage in any type of rough athletics at any time.
(15) 
Climb or enter any of the equipment used by the lifeguards, without the permission of the lifeguards in charge, nor molest, bother or annoy the lifeguards in the performance of their duties.
(16) 
Hold or engage in any type of beach party on any beach within the City limits, except pursuant to a permit issued in accordance with § 368-4, Park use permits.
(17) 
Be present on any beach or waters adjacent thereto between the hours of 10:00 p.m. and 6:00 a.m. daily.
(18) 
Tamper with any public, quasi-public or private property left on the beach or beachfront, without first obtaining the permission from the owner or person who has lawful control of property, nor destroy, damage, or cause to be damaged any of the equipment or property.
(19) 
Use a lifebelt, water wings, inner tube or any floating or inflated object or device of any kind or description in the bathing area adjacent to the beach, except in areas designated for such purpose by the City Manager.
(20) 
Ignore any whistle, signal or orders pertaining to conduct on the beaches of the City under the supervision of the Cape May lifeguards.
(21) 
Tamper with or handle the boats, lifeguard stands or any other equipment which is used by the beach patrol.
(22) 
Engage in the sport of surfing with surfboards or other similar devices, or use the same on any beach, or waters adjacent thereto, at any time except as permitted by and at locations as are designated by the Beach Superintendent of Lifeguards or his designated representative. The Beach Superintendent of Lifeguards shall designate permitted times and locations for surfing as safety and other circumstances shall require and shall notify the public and the proper City officials of same.
(23) 
Engage in any commercial, business or promotional activity without a resolution of the City Council specifically authorizing such activity in full compliance with all applicable federal, state and local laws.
[Ord. No. 361-2018]
Certain acts are prohibited on the Washington Street Mall within the areas set forth in § 324-1 of Chapter 324, Article I, Washington Street Mall, extending from Ocean to Perry Streets. Specifically no persons shall:
A. 
Use any public or quasi-public bench, seat or chair for sleeping or for the storage of baskets, bundles, clothing or other like objects, so as to prevent the reasonable use by others, or stand on the benches, or sit on the back-rest.
B. 
Operate, drive or park any type of vehicle, except emergency vehicles which are to be used for policing or cleaning as authorized by the City Manager, Chief of Police or Superintendent of Public Works.
C. 
Ride or take any bicycle or other vehicle on any part of the Mall, park or place any such bicycle or other vehicle on any part of the Mall, except at such locations and on such occasions as may be specifically provided by the City Manager for said purpose.
D. 
Except for properly documented and licensed service animals, take, allow, permit, or cause any type of animal, with or without a leash, on any part of the Mall.
E. 
Use, take, or permit the use of roller skates, stilts, pogo sticks or other similar devices on the Mall, or engage in any type of rough athletics or ball playing.
F. 
Hawk or peddle any articles, goods, wares or merchandise on any part of the Mall without a license or permit duly issued in accordance with the City Code.
G. 
Paint anything upon the concrete surfaces, or start a fire or use any type of portable device used for cooking.
H. 
Consume or possess alcoholic beverages.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
PERFORMANCE
Any exhibition featuring vocal and/or instrumental music, juggling, mime, magic, dance, drama, puppetry, comedy, acrobatics, circus acts (without animals), and similar nonhazardous activity.
B. 
Permit required. All performers must complete an application and file same in the office of the City Clerk. The application must be filed no later than 20 days before the requested performance date(s). Permits issued by the City Clerk must be clearly visible at all times during the public performance.
C. 
Permit fee. The permit fee is $25 per permit. A separate permit and fee shall be required for each performance.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. 1).
D. 
Location of performances. Three locations on the Washington Street Mall are designated as approved sites. No other locations shall be permitted. These are as follows:
(1) 
300 Block: From 302/303 Washington Street Mall to 322/323 Washington Street Mall.
(2) 
400 Block: Between the electric transformer enclosures.
(3) 
500 Block: From the first raised flowerbed to the west side of the electric enclosure, then from each side of the electric enclosure to the old ship's bell.
E. 
Hours and length of performances. Performances will be permitted only during the hours of 10:00 a.m. to 10:00 p.m. Sunday performances will be permitted during the hours of 12:00 noon to 10:00 p.m. No performances shall be permitted in the 500 Block on Saturdays between 4:00 p.m. and 7:00 p.m., or on Sundays between 6:00 p.m. and 7:00 p.m., or during functions at the Our Lady Star of the Sea Church. Performances shall be limited in time to no more than 30 minutes in any one block, and to no more than a total of two hours in length, subject to scheduling by City Clerk's Office.
F. 
Number of performers. No more than four performers shall be permitted at any one time at each location. The number of performers permitted may be increased with the approval of the City Manager. No more than two locations on the Mall shall be permitted to be used at the same time.
G. 
Soliciting not permitted. No soliciting for gratuities shall be permitted at any time. "Soliciting" shall mean direct requests for money, and shall not allow indirect requests, such as the placing of a hat or open instrument case on the ground or stage.
H. 
Amplified music. No amplified music may be used.
I. 
General regulations.
(1) 
Performers shall not position themselves as to impede pedestrian movement or access to Mall businesses.
(2) 
Performers must adhere to all other federal, state and City laws and ordinances pertaining to public conduct.
(3) 
Performers shall be deemed to be familiar with Chapter 340, Noise, as amended, and shall comply with all provisions thereof.
(4) 
No profanity or obscenity shall be permitted.
J. 
Exemptions.
(1) 
The provisions of this section shall not apply to carolers during the month of December.
(2) 
Any performer or organization who holds a tax-exempt certificate issued by the Internal Revenue Service shall not be required to pay a permit fee and shall have the twenty-day permit application period waived.
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BEACH
The zone of unconsolidated material that extends landward from the low-water line to the place where there is a marked change in material or physiographic form, i.e., dune or bulkhead.
BEACH DUNE AREA
Dunes, beach or strand, as herein defined.
DUNE
A wind- or wave-deposited formation of vegetated or drifting wind-blown sand, that lies generally parallel to and landward of the beach, and between the upland limit of the beach and the foot of the most inland dune slope. "Dune" includes the foredune, as well as secondary and tertiary dune ridges where they exist. Formations of sand immediately adjacent to beaches that are stabilized by retaining structures, and/or snow fences, planted vegetation, and other measures, are considered to be dunes regardless of the degree of modification of the dune by wind or wave action or disturbance by development.
STRAND
The area that extends landward from the low-water line to the dune line, being the same area defined as "beach."
B. 
Use restrictions.
(1) 
It shall be unlawful for any person or persons to remove, cart away or redistribute, by any mechanical means, any sand from the beach dune area.
(2) 
It shall be unlawful for any person or persons to remove any snow fence or beach vegetation, which exists in the beach dune area.
(3) 
It shall be unlawful to trespass on any dunes, natural or man-made, except as paths are designated and marked for public use and enjoyment.
(4) 
The beach dune area and any other natural protective barriers now existing or heretofore created are necessary and proper for the good government, order and protection of persons and property and for the preservation of the public health, safety and welfare of this City and its inhabitants. It is an appropriate and necessary exercise of the police power that the beach dune area and other protective barriers remain intact in order to provide protection deemed essential. The areas for which protection is deemed essential include, but are not limited to, the embankment and emplacement of sand in and along the sand dune line.
(5) 
Each and every violation hereof shall be deemed a new and separate offense.
C. 
Sand dune protection. It shall be unlawful for any person, either on foot or on some form of conveyance, to:
(1) 
Disturb or destroy dunes, dune grasses, or other forms of vegetation planted for the enhancement of dunes.
(2) 
Come within any area enclosed by sand fencing.
(3) 
Remove any sand, sand fencing, dune grasses or other dune vegetation from the beaches or dunes.
(4) 
Traverse the area of the dunes unless on duly designated paths or when officially engaged in dune maintenance.
[Amended 5-15-2007 by Ord. No. 99-2007A]
A. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BEACH STRAND IN THE CITY
All the area, whether publicly or privately owned, and whether or not flowed by tide, within the boundaries of the City to the south of the southerly sideline of Beach Avenue so far as jurisdiction of the City extends oceanward and including the area on the southerly side of extensions of Beach Avenue on both its westerly and easterly ends, if extended, in straight lines to the City limits.
RENTAL BASE
A specific location on the beach strand from where the concessionaire or operator transacts business. No rental base shall be within 300 linear feet, measured parallel to the ocean, from any other rental base.
TENT
A shelter of fabric (i.e., nylon or canvas) stretched and sustained by a frame, which may be left overnight on the beach strand or removed therefrom on a daily or periodic basis, and used as a temporary structure.
B. 
Regulations.
(1) 
No permanent construction shall be permitted on the beach strand except protective works undertaken by the City or other governmental authority.
(2) 
Tents and storage boxes for lease or hire or for use as a beach service area are permitted subject to the following regulations:
(a) 
Only one row of tents shall be permitted. Such row of tents shall be parallel to the ocean and shall be placed no closer to the water than the landward side of an imaginary line drawn parallel to the ocean which is the midpoint between the end of the dune line closest to the ocean and the official high mean water mark.
(b) 
No tent shall exceed the area of 100 square feet.
(c) 
No tent shall exceed the total height of eight feet, measured from the lowest sand on any side of the tent, excluding small decorative, wordless pennants or flags no larger than 300 square inches and no higher than 18 inches above the highest point on the tent.
(d) 
Each tent must be properly anchored using temporary attachments only.
(e) 
For beach cleaning, safety access and beach access purposes, any connection between tents or temporary structures with walkways of any type are prohibited; however, floors shall be permitted inside of the tents.
(f) 
Any sides, fronts or backs of tents shall be constructed so that they can roll up and down, and they shall be rolled up when not in use. Tents with fixed sides, fronts and/or backs shall not be permitted.
(g) 
Storage boxes for rent to the general public shall be permitted if placed not farther than 30 feet seaward from the dune. Such storage boxes shall not exceed four feet in height and width. For purposes of this section, the width shall be measured perpendicular to the ocean.
(h) 
Storage boxes for the storing of beach umbrellas, chairs and other beach-related equipment rented to the general public shall be permitted. For each rental base, there shall be no more than three storage boxes permitted in this subsection and the total area of all such storage boxes shall not exceed 300 square feet in the aggregate. Such storage boxes shall not exceed seven feet in height.
(i) 
Not more than 20% of the linear front footage of any leased or owned beach strand, parallel to the ocean, may be obstructed by the placement of tents which have fabric or other material covering the sides, fronts or backs. For tents that do not have any fabric or other material covering the fronts, sides or backs, not more than 50% of the linear front footage of any leased or owned beach strand, parallel to the ocean, may be obstructed by the placement of tents. If there is a combination of tents with and without fabric or other materials covering the fronts, sides or backs of tents, the linear front footage shall be allocated to each such category of tent based on the ratio of the number of each such category to the total. For example, if a beach strand has 200 linear front feet parallel to the ocean and there are 10 tents, six of which do not have any fabric or other material covering the fronts, sides or backs, 60% of the frontage shall be subject to the twenty-percent limit and the remaining 40% shall be subject to the fifty-percent limit, such that the combined limit shall be 32% (20% x 60% plus 50% x 40%). As a result, the total width of all tents on that particular strand cannot exceed 64 feet. Front footage shall be determined by the official Tax Map of the City of Cape May.
(j) 
No temporary structure shall be placed on the beach prior to April 1 and must be removed no later than October 15 of each year.
(k) 
All temporary structures shall comply with all applicable federal, state and local laws.
(l) 
On or before April 1 of each year, the operator of a beach concession shall submit to the City Manager a plan depicting the size, number, location and detail of all temporary structures for the summer season. Such plan shall then be subject to the review and approval of the City Manager for compliance with the provisions of this Chapter 158 and shall also be subject to the review and approval of the Construction Official and Fire Subcode Official for compliance with all applicable construction and fire safety regulations, and to insure that such temporary structures do not prohibit or limit access to the beaches from the entrance points.
(m) 
There shall be no advertising with respect to any businesses other than the business being conducted on the beach strand. All signs and other advertising materials shall also comply with the City's sign regulations.
The City reserves the right to revoke any beach privileges granted under this article for any violations of its provisions, or other rules and regulations, and to retake and impound any beach identification badge or other permit, which has been improperly used or obtained. Such revocation shall not preclude the imposition of any other penalties provided for such violation.
Any person violating any of the provisions of this article or any of the rules and regulations adopted hereunder shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Article III, Penalty, together with repair or restoration of any damaged property, and each day that a violation continues shall be deemed a separate violation.