[HISTORY: Adopted by the City Council of the City of Cape
May 4-6-2021 by Ord. No. 417-2021. Amendments noted where applicable.]
The purpose of this chapter is to regulate conduct in public
areas affecting the public health, safety and general welfare by protecting
residents of and visitors to the City of Cape May from the nuisance
and health hazards of secondhand marijuana smoke, and to provide for
the public health, safety and welfare by discouraging the inherently
dangerous behavior of smoking marijuana around non-marijuana users;
by protecting the public from nonconsensual exposure to secondhand
marijuana smoke and marijuana-related litter and pollution; and by
affirming the family-friendly atmosphere of public areas in the City
of Cape May.
As used in this chapter, the following terms shall have the
meanings indicated:
All parts of the cannabis plant, whether growing or not;
the seeds thereof, and every compound, manufacture, salt, derivative,
mixture, or preparation of the plant or its seeds, resin, or oil.
For purposes of this chapter, any reference to "marijuana" shall also
include and incorporate by reference regulated cannabis, medical cannabis,
unregulated marijuana and hashish.
Any nature areas, greenbelts, and wildlife and vegetation
habitat areas open to the public.
Dining areas that are not enclosed and part of a restaurant,
business, nonprofit entity, place of employment, and located in any
public place.
Any public parks owned, leased, or utilized by the City of
Cape May.
The elevated public pedestrian walkway constructed over the
municipal right-of-way.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
City of Cape May has an interest.
Any areas open to the general public for recreational purposes,
regardless of any fee requirement, including, but not limited to,
public parks, beach and ocean beach areas, children's play areas,
sports fields, playgrounds, tennis and basketball courts, and senior
center outdoor areas.
Any scheduled event within the City of Cape May where the
public is invited, some of which may require a permit, including but
not limited to farmers markets, concerts, parades, or festivals.
The burning of, inhaling from, exhaling the smoke from, or
the possession of a lighted marijuana cigarette, pipe, vape, or similar
device, or other matter or substance which contains marijuana or any
other matter that can be smoked, or the inhaling or exhaling of marijuana
smoke or vapor from an electronic smoking device.
Any electronic or other device that can be used to deliver
cannabis, marijuana, or hashish or other related substances to the
person inhaling from the device, including, but not limited to, an
electronic cigarette, cigar, cigarillo, pipe, or other device used
to consume these products. This definition includes "vaping" the above-described
products.
It is unlawful for any person to smoke or otherwise use or consume
marijuana in or on any public open space, outdoor dining area, parks,
public right of way, recreation area, promenade, or the area of any
scheduled public event.
A sign shall be clearly, sufficiently and conspicuously posted
in public areas. The sign(s) shall state "Smoking Marijuana in Public
is Prohibited" or substantially similar language, written in lettering
that is not less than 3/4 inch in height, and shall contain the citation
to this City Code chapter.
[Amended 7-3-2023 by Ord. No. 504-2023]
The Cape May City Police Department is hereby charged with the
enforcement of this chapter. All members of the Police Department
are hereby designated as enforcement officers for the purpose of enforcement
of this chapter. Any violation of this chapter constitutes a breach
of the peace.
