[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:
a. 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.
b. 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.
c. 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.
d. 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.
e. 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.
f. 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.
g. 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:
2. Officers of this State, County or Borough charged with the enforcement
of the law while said officers are on duty.
h. 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.
i. 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.
j. Change from street attire into bathing suits, or vice versa, in any
public building, on any public beach or in any motor vehicle.
k. 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.
l. 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.
m. 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.
n. Unnecessary Noise.
1. 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.
2. 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.
o. 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.
p. Damage to Dunes and Borough Property.
1. 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.
2. 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.
q. Stuff in doorways or otherwise deposit advertisements or other materials
on the grounds of any private residence in the Borough.
r. 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:
1. Balloon released by a person on behalf of a governmental agency or
pursuant to a governmental contract for scientific or meteorological
purposes.
2. Hot air balloons that are recovered after launching.
3. Balloons released indoors.
s. 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]
[1988 Code § 120-1.1]
All orders, directions, whistles or other signals used by police
officers and lifeguards within the Borough of Cape May Point shall
be immediately obeyed by those to whom the orders or directions are
issued.
[1988 Code § 120-3]
The term "person" as used in this Article shall, wherever appropriate
in connection with the context, include corporation, partnership,
association and individual and shall include the plural. The masculine
pronoun shall include the feminine and neuter.