Borough of Cape May Point, NJ Disorderly Conduct

[1988 Code § 120-1; Ord. No. 552-08; Ord. No. 2014-11; Ord. No. 2015-14; Ord. No. 09-2016; Ord. No. 07-2017; Ord. No. 08-2017]

No person shall, within the limits of the Borough of Cape May Point:

Consume or possess alcoholic beverages within or on any street, road, avenue, sidewalk, thoroughfare, beach, beach area, approaches thereto, public building or other public or quasi-public place.

Throw or discard any tin cans, bottles, garbage or refuse of any kind whatsoever into the water of the Atlantic Ocean or Lake Lily or upon the public street, beach or other public place or discard any sewage or waste into said water or places or any of them or pollute said water in any manner; to place or cause to be placed trash, garbage, brush, fill or other landscape debris or construction waste and debris in any channel, ditch, storm sewer or storm drain which carries storm drainage water, or in any pond, lake or basin which stores stormwater.

Throw any paper or posters, stones, sticks, glass, metal or any hard, dangerous or offensive substance upon any sidewalk, street, highway or public place or at any car, vehicle, house, building, fence or person or dump any trash or garbage upon private property not his own.

Cause or permit to be emitted any vile, offensive, obnoxious or nauseating odor or any odor that may be vile, offensive, obnoxious or nauseating to any of the residents of the Borough of Cape May Point.

Cause or permit to be emitted any smoke, fumes, gases, vapors, steam or other substances of a nature or of such quantity as to be injurious to life, health, plants, trees, produce of the soil, buildings or other property, or of such a nature or of such quantity as to offensive, obnoxious or nauseating to any of the residents of the Borough of Cape May Point.

Permit growth of weeds which grass or other impediments on or adjacent to the sidewalks, gutters and street lines of any public street, road, avenue or highway in the Borough.

Fire or discharge within the limits of the Borough of Cape May Point any cannon, gun, pistol, revolver, firearm, bow and arrow, crossbow, weapon, firecrackers or fireworks of any description in a careless, negligent or reckless manner so as to endanger the life, welfare or property of anyone; provided, however, that this subsection shall not apply to:

Any military exercises.

Officers of this State, County or Borough charged with the enforcement of the law while said officers are on duty.

Go about from door to door or place himself or herself on any sidewalk, street, beach, store or other public place or places to beg or gather alms.

Participate in any practice, sport or exercise having a tendency to annoy, disturb or frighten any person or persons on any sidewalk, street, road, park, beach or other public place.

Change from street attire into bathing suits, or vice versa, in any public building, on any public beach or in any motor vehicle.

Unnecessarily obstruct any sidewalk, street or public place with any kind of vehicle or vehicles or with any kind of box or boxes, lumber, wood or other thing, but the provisions of this paragraph shall not prevent persons who are building from occupying such portion of the sidewalk, street or public place designated in a permit therefor.

Fail or neglect to provide and use garbage cans with tight-fitting covers so that no nuisance may be created by said use nor willfully upset garbage or trash cans on streets or sidewalks.

Start or maintain any fire at any time outside the confines of his own property or fail to adequately care for and supervise any fire to prevent the same from spreading beyond the confines of his own property or becoming a nuisance beyond the confines of the same.

Unnecessary Noise.

Make or continue, or permit or cause to be made or continued, any loud, unnecessary or unusual noise that either annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within the limits of the Borough of Cape May Point.

The following acts are declared to be loud, unnecessary and unusual noises in violation of this chapter:

(a)

The sounding of any horn or signal device on any vehicle of any type or description on any street or public place of this Borough, except as a danger warning; the creation of any unreasonably loud or harsh sound by means of any signal device and the sounding of any such device for unnecessary or unreasonable periods of time, except warnings required by emergency vehicles.

(b)

Using, operating or permitting to be played any radio set, television set, musical instrument, phonograph, lawn mower of any type, either power or manual, chainsaws, wood chippers/shredders, power washers, leaf blowers or other machines or devices producing or reproducing sound, in such manner as to disturb the peace, quiet and comfort of the neighbors. The operation of any such sets, instruments, machines or devices between the hours of 9:00 p.m. and 8:00 a.m., prevailing time, in such a manner as to be plainly audible at a distance of 50 feet from the building or vehicle in which it is located, shall be prima facie evidence of a violation of this subsection.

[Amended 7-11-2019 by Ord. No. 04-2019]

(c)

Using, operating or permitting the use or operation of the instruments set forth in the preceding paragraph hereof for the purpose of commercial advertising or attracting attention of the public to any building or structure.

(d)

Yelling, shouting, hooting, whistling or singing on the public streets or in any dwelling which shall disturb the comfort or repose of any person in the vicinity between the hours of 9:00 p.m. and 8:00 a.m., prevailing time.

[Amended 7-11-2019 by Ord. No. 04-2019]

(e)

The keeping of any animal or bird which, by causing frequent or long-continued noises, shall disturb the comfort or repose of any person in the vicinity.

(f)

The use of any vehicle of any kind whatsoever so out of repair or in such manner as to create unnecessary, grinding, grating or rattling noises.

(g)

The creation of loud and excessive noises in the opening or destruction of bales, boxes, crates and containers.

(h)

(Reserved)

[Reserved by Ord. No. 08-2017]

(i)

The creation of any excessive noise on any street adjacent to any school, institution of learning, library, church or court while the same is in use.

(j)

Shouting and crying of peddlers, hawkers and vendors.

(k)

Any and all other unnecessary, unusual or disturbing noises, as shall be determined by the Municipal Court, not enumerated herein.

Engage, at any time of the day or night, in the practice commonly known as "sleeping in cars" on the public streets or in other public places within the limits of the Borough.

Damage to Dunes and Borough Property.

Cut, trim, damage or disturb any plant, tree, bush or natural growth or natural vegetation on any Borough land or on any dedicated natural area without recommendation of the Environmental Commission and appropriate resolution of the Board of Commissioners.

Any person who violates the provisions of paragraph p1 above shall be subject, upon conviction, to a minimum fine of $100.00 up to a maximum fine of $2,000.00 for each tree or shrub with a caliper size of least 1" that has been cut, trimmed, damaged or otherwise disturbed, in addition to such other penalties as may be imposed pursuant to Chapter 120, Section 13 and/or Chapter 1, Section 1-5. The amount of the fine assessed shall be based in part on the size and age of the tree or shrub so disturbed.

Stuff in doorways or otherwise deposit advertisements or other materials on the grounds of any private residence in the Borough.

It shall be unlawful for any person, firm or corporation to intentionally release, organize the release, or intentionally cause to be released balloons, whether inflated with a gas that is lighter than air or otherwise, within the Borough limits of the Borough of Cape May Point, except for:

Balloon released by a person on behalf of a governmental agency or pursuant to a governmental contract for scientific or meteorological purposes.

Hot air balloons that are recovered after launching.

Balloons released indoors.

Erect, demolish, alter, or repair any building or grounds or operate any tools or equipment used in construction, drilling, earthmoving, excavation or demolition work during proscribed hours as defined in Chapter 76, Construction Site Standards. In the event of urgent necessity, the Construction Official can issue a temporary special permit for a period of no longer than three days to cover the urgent necessity. The Construction Official shall determine prior to the issuance of such permit that the public health and safety will be impaired if the erection, excavation, demolition, alteration or repair is not performed immediately.

[Amended 7-11-2019 by Ord. No. 04-2019]