[1988 Code § 58-1]
It is hereby determined and declared that the sand dune, sand
dune area and beach protection structures established along the ocean
and bayfront by the United States of America, the State of New Jersey
and the Borough of Cape May Point 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
municipality and its inhabitants, and that it is an appropriate and
necessary exercise of the police power in order to provide protection
deemed essential as the result of the storm of March 1962 and subsequent
storms and erosion, and that this Article is enacted pursuant to all
applicable laws and powers, express or implied.
[1988 Code § 58-2]
The sand dune and beach protection structures which are the
subject hereof are those certain embankments and placements of sand
and other beach protection and erosion structures located on the ocean
and bayfront along the sand dune line established by the Corps of
United States Army Engineers and within the Beach Park, Borough of
Cape May Point, as shown on the "Plan of Acquisition of Lands for
Beach Park, Borough of Cape May Point, Cape May County, New Jersey,
February, 1966, Scale 1" = 60', O. M. Corson, Borough Engineer," on
file with the Cape May Point Municipal Clerk and on file with the
Cape May Point Borough Engineer.
[1988 Code § 58-3; amended 1-24-2023 by Ord. No. 08-2022]
The removal, alteration, pruning, or the destruction of any
part of the said sand dune, trees, or plants located on the sand dune,
or the snow fence thereon or any beach protection structure, including,
but not limited to, jetties, groins or bulkheads, by any person or
persons or by any machine or other form of mechanical equipment operated
by any person or persons, for any reason is hereby strictly prohibited,
except as completed by agents of the Borough of Cape May Point in
accordance with the conditions of the Borough's Beach Management
Plan, as approved by the State of New Jersey Department of Environmental
Protection.
[1988 Code § 58-4; amended 1-24-2023 by Ord. No. 08-2022]
The use or occupancy of any part of said sand dune or sand dunes
or beach protection structures by any person or persons for any reason
is hereby strictly prohibited, except at such places and under such
restrictions, permissions and conditions as will provide ingress and
egress by the public in such a manner as may be determined from time
to time. Such use and conditions thereto shall be made only in accordance
with and at such places where signs are posted to provide notice.
[1988 Code § 58-5; amended 1-24-2023 by Ord. No. 08-2022]
a.
Any act performed or attempted by any person or persons contrary
to any provisions hereof or contrary to any such notice is hereby
declared unlawful.
b.
Each and every violation shall be deemed a new and separate violation.
c.
Pursuant to this Section, the removal, alteration, pruning, or the
destruction of any individual tree or plant located on the sand dune
shall constitute an independent violation and each subsequent tree
or plant that is removed, altered, pruned, or otherwise destructed,
whether simultaneously with or subsequent to the removal, alteration,
pruning, or destruction of a separate tree or plant, shall constitute
a new and separate violation.
[1988 Code § 58-6; amended 1-24-2023 by Ord. No. 08-2022]
Any person, firm, association, partnership, or corporation that is in violation of any provisions of this Article shall, upon conviction, be subject to a penalty in the amount of $2,000 for each separate violation for which they are convicted. The penalty provision set forth in Section 120-1p2 shall not apply to violations of this Article and the fine for violation of this Article shall be as set forth in this Section 58-6.
[Added 1-24-2023 by Ord.
No. 08-2022]
Should any provision of this Article be deemed invalid for any
reason, such invalidity shall not affect the remaining provisions
of this Article and the invalidated provisions and sections of the
article are hereby declared to be severable with respect to invalidity.
