[1988 Code § 142-1]
a. 
For the purpose of this chapter, Lake Drive as now shown on Borough Maps and borough records, from its intersection with Harvard Avenue and extending northwardly to its intersection with the southerly end of Lake Lily, shall be known as "South Lake Drive," that portion of Lake Drive generally located on the east side of Lake Lily and extending from the point at which what is being designated as South Lake Drive meets Lake Lily, in a northerly direction to Oak Avenue, shall be known as "East Lake Drive"; and that portion of what was previously known as Lake Drive generally located on the west side of Lake Lily, and extending from the point at which what is herein designated as South Lake Drive meets Lake Lily, in a northerly direction to Cape Avenue, shall be known as "West Lake Drive."
b. 
Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.
[New]
Whenever certain hours are named in this chapter, they shall mean either Eastern Standard Time or Eastern Daylight Savings Time as may be in current use.
[New]
a. 
The Chief of Police is hereby authorized to provide by regulation for the closing of any street or portion thereof to motor vehicle traffic on any day or days whenever he/she finds that such closing is necessary for the preservation of the public safety, health or welfare.
b. 
Any regulations promulgated by the Chief of Police and in accordance with paragraph a above, shall provide for the posting of proper warning signs of such closing on any street or portion thereof during the time the same is closed in pursuance thereof.
c. 
Any violation of this regulation promulgated thereunder shall be punished by a fine not to exceed $100. (N.J.S.A. 39:4-94.2)
d. 
Any regulation adopted that mandates the closing of any street for a period greater than 48 consecutive hours shall not become effective unless and until it has been submitted to and approved by the Commissioner of the Department of Transportation.
[1988 Code § 142-3]
If any part or parts of this chapter are held to be invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter.
[New]
Any vehicle parked in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace office may provide for the removal of that vehicle. The owner shall bear the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
[1988 Code § 142-4]
Unless another penalty is expressly provided by New Jersey Statute or except as specifically provided in some other section of this chapter, every person convicted of a violation of a provision of this chapter or any supplement thereto shall be liable to a penalty of not more than $50 or imprisonment for a term not exceeding 15 days, or both.
[New]
If any part or parts of this chapter are, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.
[New]
The Borough finds and declares that problems of traffic control occur and traffic must be moved through or around street construction, maintenance operations and utility work, above and below ground which requires blocking the street and obstructing the normal flow of traffic; and that such obstructions are or can become dangerous when not properly controlled. In order to better promote the public health, safety, peace and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of traffic through and around construction and maintenance zones and to provide safety for the work forces performing these operations.
The Borough of Cape May Point, in the County of Cape May, State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices for Streets and Highways hereafter known as M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utility that fails to comply with the provisions of the M.U.T.C.D. while performing such work is in violation of this section.
[New]
It shall be the responsibility of the person, contractor, or in the case of a public utility as required under a public utility agreement, wishing to conduct work on, under or above the roadway to contact the Police Department in order to arrange a preconstruction meeting and submit plans for the safe movement of traffic during such period of construction or work. Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by the Police Department is in violation of this section.
[New]
The person, contractor or utility shall provide at least two emergency contact telephone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If, for any reason, emergency contact must be made, or if the emergency contact person does not respond to the call from the Police Department to correct a hazardous condition, the Borough may respond to correct such hazardous condition(s). The reasonable fees for such emergency services by the Borough shall be charged to the person, contractor, or utility for such condition.
[New]
There shall be no construction, maintenance operations, or utility work on any roadway in the Borough before the hour of 9:00 a.m. or after 4:00 p.m. The Officer in charge of the Police Department may adjust this time limit to permit work prior to 9:00 a.m. or after 4:00 p.m. If the Officer in charge determines that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. or after 4:00 p.m.
[New]
Road closing and/or traffic detours shall not be permitted unless approved by the Board of Commissioners.
[New]
Traffic directors shall be posted at all construction or maintenance sites when determined by the Board of Commissioners that same is necessary to provide for the safe and expeditious movement of traffic.
[New]
The Board of Commissioners shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, back filling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
[New]
It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk or until all construction, signs, lights, devices and pavement markings are installed.
[New]
Any person, contractor or utility who commits a violation of this section shall, upon conviction thereof for a first offense, pay a fine of not less than $100 nor more than $500 and/or be imprisoned in the County Jail for a term not exceeding 90 days. For a second offense, upon conviction thereof, pay a fine of not less than $250, and/or be imprisoned in the County Jail for a term not exceeding 90 days.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[1988 Code § 142-5]
The provisions imposing a time limit on parking shall not relieve any person of the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles as set forth in N.J.S.A. 39:4-138, any other New Jersey statute or as hereinafter provided.
[New]
a. 
Upon the declaration of an emergency, there shall be no parking upon streets where temporary EMERGENCY NO PARKING signs are displayed. The Chief of Police or, in his/her absence, the ranking Police Officer is authorized to declare an emergency and to direct the posting of EMERGENCY NO PARKING signs when weather conditions, accidents, road construction, fire or public celebrations dictate or require avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that EMERGENCY NO PARKING signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs.
b. 
The effectiveness of this subsection is contingent upon the signs being erected as required by law.
[1988 Code §§ 142-20—142-23, 142-43]
a. 
Whenever snow has fallen and the accumulation is such that it covers the streets or highways, an emergency shall exist and no vehicle shall be parked on the streets or highways or portions thereof indicated.
The above parking prohibitions listed below shall remain in effect after the snow has ceased until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.
b. 
Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any Police Officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage, which may result from such removal before regaining possession of the vehicle.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-8, 142-31]
No person shall stop or stand a vehicle during the times specified of any day (except Sundays and public holidays) upon any of the streets or parts of streets described.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-9, 142-33]
No person shall park a vehicle for longer than the time limit shown at any time between the hours listed of any day (except Sundays and public holidays) upon any of the streets or parts of streets described.
Name of Street
Side
Hours/Days
Maximum Time
(Min.)
Location
Yale Avenue
North
9:00 a.m. to 5:00 p.m. daily
15
Beginning at a point 35 feet from the northwest corner of the intersection of Yale Avenue and Ocean Avenue and extending to a point 165 feet northwest therefrom
Yale Avenue
South
9:00 a.m. to 5:00 p.m. daily
15
Beginning at a point 35 feet from the southwest corner of the intersection of Yale Avenue and Ocean Avenue and extending to a point 165 feet northwest therefrom
[New]
No person shall cause or permit to be parked any motor vehicle upon any street between the specified hours and days described.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-6, 142-29]
No person shall park a vehicle at any time upon any of the streets or parts thereof described.
Name of Street
Side
Location
Crystal Avenue
West
Between the end of the perpendicular lot and Stites Avenue
Harvard Avenue
South
Between Lehigh Avenue and Lake Drive
Lake Drive
Adjacent to the lake
Entire perimeter
Lincoln Avenue
North
From Cape Avenue intersection eastward 230 feet
Lincoln Avenue
South
From Cape Avenue eastward to Surf Avenue
[1988 Code §§ 142-7, 142-30]
No person shall park a vehicle between the hours specified of any day (except Sundays and public holidays) upon any of the streets or parts of streets described.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
No person shall park a truck or vehicle over _____ tons gross vehicle weight (GVW), a school bus, any other type of bus, recreational vehicle, camper, boat or trailer between the hours specified upon any of the streets or parts of streets described.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
No person shall park a vehicle on streets or parts of streets as described within the following sections unless an appropriate and current parking permit as issued by the Borough of Cape May Point is displayed on said vehicle for those streets or parts of streets as described or listed within the following sections.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-10, 142-33]
No person shall park a vehicle upon any of the streets or parts thereof described, except at the angle designated and only within the painted white stall lines.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-12, 142-35; Ord. No. 459-02 § 1; Ord. No. 569-09]
Pursuant to the provisions of N.J.R.S. 39:4-140, the streets or parts of streets described, are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through street except where yield signs are provided for in the designations.
Name of Street
Location
Alexander Avenue
From Crystal Avenue to Ocean Avenue
Alexander Avenue
From Ocean Avenue to Cape Avenue
Cape Avenue
From Sunset Boulevard to Pavillion Avenue
Cape Avenue
From Pavillion Avenue to Lincoln Avenue
Coral Avenue
From Yale Avenue to Lighthouse Avenue
Crystal Avenue
From Stites Avenue to Alexander Avenue
Harvard Avenue
From Lehigh Avenue to South Lake Drive
Lake Drive South
From Yale Avenue to Lake Drive East/Lake Drive West
Lake Drive West
From Cape Avenue (County Road 51) to Lake Drive South
Lighthouse Avenue
From Lincoln Avenue to Sunset Boulevard
Lincoln Avenue
From Cape Avenue to Lighthouse Avenue
Ocean Avenue
From Pavilion Avenue to Alexander Avenue
Ocean Avenue
From Pavilion Circle to Yale Avenue-South only
Pavilion Circle
Pearl Avenue
From Alexander Avenue to Cape Avenue
Yale Avenue
From Cape Avenue to Lighthouse Avenue
[1988 Code § 142-13, 142-35; Ord. No. 259-02 § 2]
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as Stop Intersections. Stop signs shall be installed as provided therein.
Name of Street
At Intersection of
Alexander Avenue
Ocean Avenue
Lake Drive East
Sea Grove Avenue
Lake Drive East
Lake Drive South
Ocean Avenue
Alexander Avenue
Ocean Avenue
Yale Avenue
Sea Grove Avenue
Lake Drive East
Yale Avenue
Ocean Avenue
[New]
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections herein described are designated as Multi-Way Stop Intersections. Stop signs shall be installed as provided herein.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code § 142-14]
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as yield intersections. Yield signs shall be installed as provided therein.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-11, 142-34; Ord. No. 565-09; Ord. No. 04-2017; Ord. No. 12-2017]
The streets or parts of streets described, are hereby designated as one-way streets in the direction indicated.
Name of Street
Direction
Limits
East Lake Avenue
From Lighthouse Avenue to Oak Avenue
Harvard Avenue
West
From Lehigh Avenue to Lake Drive
Lehigh Avenue
South
From Lincoln Avenue to Harvard Avenue
Ocean Avenue
[Ord. No. 04-2017; rescinded by Ord. No. 12-2017]
South Lake Drive
[Ord. No. 04-2017; rescinded by Ord. No. 12-2017]
[1988 Code § 142-47]
Pursuant to N.J.S.A. 40:67-16.1, the streets or parts of streets as described are hereby designated as route for vehicles over four tons. All trucks having a total combined registered gross weight (GVW) of vehicle plus load in excess of four tons shall be excluded from all streets, except for those streets listed, State Highways and County roadways, which form a part of the truck route system. Vehicles will be permitted on all streets for the purpose of the pick up and delivery of materials.
The following streets are hereby designated as allowable transit routes for buses (regardless of weight) and for trucks over four tons:
a. 
Buses.
1. 
Commercial tour bus: limited to Lighthouse Avenue only.
2. 
Local passenger bus: limited to Lighthouse Avenue only.
3. 
Out-of-town school bus: limited to Lighthouse Avenue and Lake Drive.
4. 
Retirement home bus: limited to Lighthouse Avenue and Lake Drive.
5. 
Cape May Point charter bus (pickup and delivery): limited to Cape Avenue to St. Agnes Church lot for loading and off-loading. Includes Pavilion Circle for turnaround.
6. 
County fare-free bus: all streets as necessary.
7. 
Local school bus: all streets as necessary.
8. 
Emergency evacuation bus: all streets as necessary.
b. 
Trucks Over four Tons.
1. 
Making food deliveries: limited to Cape Avenue, Lighthouse Avenue, Lincoln Avenue, Lehigh Avenue and West Lake Drive.
2. 
Delivering building materials: all streets as necessary.
3. 
Moving vans: all streets as necessary.
4. 
Home package deliveries: all streets as necessary.
5. 
Home fuel deliveries: all streets as necessary.
6. 
Trash and recycle pickup: all streets as necessary.
[New]
Vehicles over the gross weight (GVW) are hereby excluded from the streets or parts of streets described except for the pick up and delivery of materials on such streets.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-18, 142-19, 142-41, 142-42]
No person shall make a turn at the below described location as indicated.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
No person shall make a turn at the below listed location other than Right Turning Movement.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
No person shall make a Right Turn on the Red Signal at any location listed.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[Ord. No. 507-05]
Pedestrians in any crosswalk in the Borough of Cape May Point have the right-of-way over vehicular traffic.
[Ord. No. 507-05]
Parking is not permitted in any crosswalk at any time.
[Ord. No. 507-05]
a. 
The intersection of Cape Avenue and the north side of Pavillion Circle; and
b. 
Lighthouse Avenue at:
1. 
Seagrove;
2. 
Oxford;
3. 
Borough Hall.
c. 
Cape at:
1. 
Holly;
2. 
Pearl/Yale.
d. 
Lincoln at:
1. 
Ocean;
2. 
Lake;
3. 
Coral.
[Ord. No. 507-05]
a. 
Pearl at:
1. 
Knox;
2. 
Stites;
3. 
Brainard;
4. 
Central.
b. 
Harvard at:
1. 
Lehigh;
2. 
Whildin;
3. 
Coral;
4. 
Lake.
c. 
Yale and Coral.
[New]
The lane locations described are designated as Lane Use Reservations and traffic shall move as indicated.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
The Lane Locations described, are hereby designated as Exclusive Lanes for use by certain vehicles as indicated.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
The Lane Locations described, are hereby designated as Bicycle Lanes. Bicycle Lanes shall be a minimum of four feet in width, pursuant to the "Manual on Uniform Traffic Control Devices for Streets and Highways."
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-24, 142-44; Ord. No. 459-02 § 3]
a. 
The speed limits for both directions of traffic along the streets of parts thereof described below and made a part of this chapter, are hereby established at the rate of speed indicated.
b. 
Regulatory and warning signs shall be erected and maintained to affect the above-designated speed limits.
Name of Street
Speed Limit
All streets within the Borough of Cape May Point
25 miles per hour
[1988 Code § 142-28]
No Passing Zones are hereby established and shall be maintained upon the following described streets or parts thereof.
a. 
In both directions along Ocean Avenue from:
1. 
Lake Avenue to the southerly intersection of Pavillion Avenue Circle, a distance of approximately 1,320 feet; and
2. 
The northerly intersection of Pavillion Avenue Circle to Alexander Avenue, a distance of approximately 800 feet.
b. 
Along the entire length of Alexander Avenue in both directions from Chrystal Avenue to Cape Avenue, a distance of approximately 1,900 feet.
c. 
Along the entire length of South Lake Drive from Harvard Avenue to Oxford Avenue and extending the entire length of East Lake Drive to Lighthouse Avenue.
d. 
Along Pearl Avenue from Cape Avenue (County Road 651) to Alexander Avenue, a distance of 1,640 feet.
[1988 Code §§ 142-17, 142-40]
The locations described are hereby designated as Bus Stops. No vehicle other than an omnibus picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
The locations described are hereby designated as Articulated Bus Stops. No vehicle other than an omnibus, picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-15, 142-38]
The locations described are hereby designated as Loading Zones. No person shall park a vehicle in these locations during the times indicated other than for the loading or unloading of goods and materials.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[1988 Code §§ 142-16, 142-39]
The locations described are hereby designated as Taxi Stands. No vehicle other than a taxi shall be permitted to occupy these locations during the times indicated.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with the provisions of N.J.S.A. 39:4-197, the following street locations are designated as handicapped parking places. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these places.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with the provisions of N.J.S.A. 39:4-197.6, the following on-street locations are designated as handicapped parking spaces in front of private residences occupied by handicapped persons. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted in these spaces.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with the provisions of N.J.S.A. 39:4-197 the following off street parking yards and Board of Education property are designated as Handicapped Parking areas. Such spaces are for use by persons who have been issued special identification cards, plates or placards issued by the Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with the provisions of N.J.S.A. 40:48-2.46, the following off-street parking spaces are designated as handicapped parking areas. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
In any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to N.J.S.A. 39:4-197.5, N.J.S.A. 52:27D-119 et seq., or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle. State, County, or municipal law enforcement officers or parking enforcement officers shall enforce the parking restrictions on spaces appropriately marked for vehicles for the physically handicapped on both public and private property.
[New]
In accordance with the provisions of N.J.S.A. 39:5A-1; the following off-street parking locations are designated as handicapped parking. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with the provisions of N.J.S.A. 39:5A-4, the following off-street parking locations are designated as handicapped parking. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with 40 U.S.C. 318B and a written request from the Postmaster, the off-street locations are hereby designated as Handicapped Parking, pursuant to P.L. 1989 c.201(1) eff. 06/01/1990. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
The owners of the premises referred to in this section shall provide and install signs and pavement markings for each parking space reserved for the use of handicapped persons, which signs and markings shall be in accordance with the Manual on Uniform Traffic Control Devices. The cost of procurement and installation of the signs and pavement markings shall be the responsibility of the owner of said property. The owner shall, subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Cape May Point. The owner shall be responsible for the repair and restoration or replacement of same.
[New]
Any person parking a motor vehicle in a restricted parking space without a special identification card shall be liable to a fine of $250 for the first offense and a fine of $250 plus a maximum of 90 days community service for all subsequent offenses.
[New]
In accordance with the provisions of N.J.S.A. 39:4-197, the following Municipal and Board of Education property shall have the movement of traffic controlled by the type of regulation indicated. No person shall operate, or park a vehicle in violation of the regulations indicated.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with the provisions of N.J.S.A. 40:48-2.46, on the following private property that is open to the public and to which the public is invited, the movement of traffic shall be controlled by the types of regulations listed herein. No person shall operate or park a vehicle in violation of the following regulations.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
The owners of the premises referred to in this section shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the current "Manual on Uniform Traffic Control Devices for Streets and Highways" (MUTCD). The cost of signs and installations shall be the responsibility of the owner of said property. The owner shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Cape May Point.
The penalty for a violation and conviction of this section shall be not less than $100 nor more than $1,000 and/or imprisonment in the County jail for a term not to exceed 30 days, or by a period of community service not to exceed 30 days.
[New]
In accordance with the provisions of N.J.S.A. 39:5A-1 the regulations of Subtitle 1 of the Title 39 are hereby made applicable to the properties listed below.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with the provisions of N.J.S.A. 39:5A-4, the regulations of Subtitle 1, Title 39 of the Revised Statutes are hereby made applicable to the properties listed below.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
In accordance with 40 U.S.C. 318B and a written request from the Postmaster, the following Various Traffic Regulations are hereby made applicable to the properties listed below as follows. No person shall operate or park a vehicle in violation of the regulations listed below.
(Reserved for future use. At this time the Borough has not adopted regulations under this section.)
[New]
The owners of the premises referred to in this section shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways. The cost for the procurement and installation of the signs and pavement markings shall be the responsibility of the owner of said property. The owner shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Cape May Point. The owner shall be responsible for the repair and restoration or replacement of same.
[New]
The Governing Body of any municipality may, by ordinance, authorize the Mayor or other chief executive officer of the municipality, or the officer in charge of streets in any municipality not having a chief executive officer, if he shall find that a safety problem exists for ingress or egress to any public or private school or for the provision of recreational facilities for children attending such school, or both, due to a lack of a suitable area surrounding the school, to close by regulation any portion of any street within the block upon which such school is located to the use of through traffic during such time as he shall determine, not to exceed one hour between 7:30 and 10:00 a.m., two hours between 11:00 a.m. and 2:00 p.m., and one hour between 2:30 p.m. and 4:30 p.m., on any days upon which such school is in session, and to permit the use of said portion of said street, during said hours, for ingress and egress to such school and for the use by the pupils of such school for recreational purposes under proper supervision, and to provide adequate police facilities for such supervision and for the control of traffic upon such portion of said street, which ordinance shall provide for the posting of proper warning signs in said street, indicating that said street is so closed and the purpose thereof, during the time when the same is so closed, and shall provide penalties for the violation of terms of such ordinance or of any regulation promulgated thereunder.
[Added 6-8-2023 by Ord. No. 05-2023]
No person shall engage in exhibition driving within the Borough of Cape May Point. "Exhibition driving" shall mean:
a. 
The operation of a motor vehicle in a manner that results in:
1. 
The excessive, abrupt acceleration or deceleration of the motor vehicle;
2. 
The skidding, squealing, burning, or smoking of the tires of the motor vehicle;
3. 
The swerving or swaying of the motor vehicle from side to side while skidding;
4. 
The engine of the motor vehicle producing an unreasonably loud, raucous, or disturbing noise;
5. 
The grinding of the gears of the motor vehicle or the backfiring of the engine of the motor vehicle; or
6. 
Any of the wheels of the motor vehicle losing contact with the ground;
7. 
Participating in a race or speed contest; or
b. 
The transportation of a passenger on or in an area of a motor vehicle that is not designed or intended for passenger transport such as the hood or roof.
c. 
The activity described above is hereby deemed a public nuisance.
[Added 6-8-2023 by Ord. No. 05-2023]
Unless another penalty is expressly provided by Title 39 of the Laws of the State of New Jersey (Motor Vehicle and Traffic Regulations) or other express provisions of New Jersey statutes, any person violating or failing to comply with any provision of Subsection 142-42.1 shall, upon conviction thereof, be liable for a penalty of not more than $2,000, and/or provide such community service not to exceed 90 days as is deemed appropriate, and/or by imprisonment for a term not to exceed 90 days, or by such fine and/or community service and/or imprisonment, at the discretion of the Court. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
[Added 6-8-2023 by Ord. No. 05-2023]
The following provisions are not dependent upon the presence of the owner or authorized user:
a. 
A motor vehicle may be seized and impounded when it is determined that:
1. 
There is probable cause to believe the vehicle is unregistered on a public highway or public property, or quasi-public area authorized under N.J.S.A. 39:5A-1 et seq.;
2. 
The vehicle's registration is suspended in accordance with N.J.S.A. 39:3-40 and the vehicle is parked on a public highway, public property, or quasi-public area authorized under N.J.S.A. 39:5A-1 et seq.
3. 
The vehicle is unlawfully obstructing traffic or in a specially designated or restricted area or zone.
4. 
Reasonable grounds exist to believe that the vehicle is in violation of N.J.S.A. 39:4-136, which reads in pertinent part:
Any vehicle, upon a roadway, which is disabled to the extent that the operator cannot move it, or any unoccupied vehicle parked or standing in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any peace officer may provide for the removal of such vehicle.
5. 
The vehicle is mechanically defective and creates a threat to public safety or is a nuisance and menace to the safe and proper regulation of traffic. This includes, but is not limited to, if there are reasonable grounds to believe a vehicle is being operated in violation of Subsection 142-42.1 above.
6. 
Removal is necessary in the interest of public safety because of fire, flood, storm, snow, or other civil emergency reasons.
7. 
Removal or impoundment is authorized pursuant to any other applicable law, code, or regulation.
b. 
Unless otherwise directed by state law, a motor vehicle impounded under the provisions of this section shall be removed to storage space or garage and its registration certificate and registration plates seized. The registrant shall be responsible for the cost of the removal and storage of the impounded motor vehicle.
1. 
If the registrant fails to claim the motor vehicle and pay the reasonable costs of removal and storage by 12:00 midnight of the 30th day following impoundment, along with a fine of $50 to cover the administrative costs of the municipality wherein the violation occurred, the municipality may sell the motor vehicle at public auction. The municipality shall give notice of the sale by certified mail to the registrant of the motor vehicle and to the holder of any security interest filed with the director, and by publication in a form to be prescribed by the director by one insertion, at least five days before the date of the sale, in one or more newspapers published in this state and circulating in the municipality in which the motor vehicle has been impounded.
2. 
At any time prior to the sale, the registrant or other person entitled to the motor vehicle may reclaim possession of it upon payment of the reasonable costs of removal and storage of the motor vehicle and any outstanding fines or penalties; provided, however, if the other person entitled to the motor vehicle is a lessor or the holder of a lien on the motor vehicle, he may reclaim the motor vehicle without payment. In such cases, the violator shall be liable for all outstanding costs, fines and penalties, and the municipality shall have a lien against the property and income of that violator for the total amount of those outstanding costs, fines and penalties.
3. 
Any proceeds obtained from the sale of a motor vehicle at public auction pursuant to Paragraph b1 of this subsection in excess of the amount owed to the municipality for the reasonable costs of removal and storage of the motor vehicle and any outstanding fines or penalties shall be returned to the registrant of the vehicle.
c. 
The authority to impound set forth herein is in addition to, and not to the exclusion of, the penalties set forth in Subsection 142-42.2.