[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
[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.