[HISTORY: Adopted by the City Council of the City of Cape May 9-21-2004 by Ord. No. 07-2004 (Sec. 2-51 of the 1997 Revised General Ordinances). Amendments noted where applicable.]
As used in this chapter, all terms shall have the meanings set forth in P.L. 2001, c. 404.[1] As used in this chapter, the following terms shall have the meanings indicated:
GOVERNMENT RECORD
A. 
Specifically for purposes of interpreting this chapter, means any paper, written or printed book, document, drawing, map, plan, photograph, microfilm, data processed or image processed document, information stored or maintained electronically or by sound recording or in a similar device, or any copy thereof, that has been made, maintained or kept on file in the course of his or her or its official business by any officer, commission, agency or authority of the City of Cape May or that has been received in the course of his or her or its official business by any such officer, commission, agency, or authority of the City of Cape May, including, without limitation, any documents requested for discovery through the City Prosecutor for Municipal Court purposes.
[Amended 3-15-2005 by Ord. No. 22-2005]
B. 
The term "government record" shall not include interagency or intra-agency advisory, consultative, or deliberative material. Moreover, the term shall not include any information which is deemed to be confidential for the purposes of P.L. 2001, c. 404 (N.J.S.A. 47:1A-1 et seq.), as amended and supplemented, any other information for which a specific exception is provided pursuant to P.L. 2001, c. 404, or any information protected or otherwise ordered withheld by Executive Order 21 (McGreevey), dated July 8, 2002.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
The City Clerk is appointed as the "custodian of records" in accordance with P.L. 2001, c. 404, and shall have custody of and shall safely keep all government records of the City of Cape May, except those committed by to another office by ordinance, resolution or other law. All employees of the City Clerk's office are designated as "deputy custodians of records." Additionally, the City Manager may from time to time designate as many other deputy custodians of records as may be necessary to ensure the City's prompt and efficient compliance with requests for government records. For purposes of this chapter, the custodian of records and any deputy custodians of records shall be referred to collectively as "custodian(s)."
A. 
The custodian and his or her designee(s) shall accept requests for access to government records and shall permit government records to be inspected, examined, and copied by any person between the hours of 12:00 noon through 3:00 p.m. prevailing time on Mondays, Tuesdays, Wednesdays and Thursdays.
B. 
Prior to allowing access to any government record, the custodian shall redact from that record any information that discloses the social security number, credit card number, unlisted telephone number, or driver license number of any person; except for:
(1) 
Use by any government agency, including any court or law enforcement agency, in carrying out its functions; or
(2) 
Any private person or entity acting on behalf thereof; or
(3) 
Any private person or entity seeking to enforce payment of court-ordered child support; except with respect to the disclosure of driver information by the NJ Motor Vehicle Commission as permitted by section 2 of P.L. 1997, c. 188 (N.J.S.A. 39:2-3.4); and except that a social security number contained in a record required by law to be made, maintained or kept on file by a public agency shall be disclosed when access to the document or disclosure of that information is not otherwise prohibited by state or federal law, regulation or order or by state statute, resolution of either or both houses of the Legislature, Executive Order of the Governor [including without limitation Executive Order 21 (McGreevey)], rule of court or regulation promulgated under the authority of any statute or Executive Order of the Governor.
C. 
Fees for copies.
[Amended 12-21-2010 by Ord. No. 221-2010]
(1) 
The following fees shall be charged for copies of government records:
(a) 
8 1/2 x 11 (or smaller) copies: $0.05 per page;
(b) 
8 1/2 x 11 (or larger) copies: $0.07 per page.
(2) 
The actual cost of duplicating the record shall be the cost of materials and supplies used to make a copy of the record, but shall not include the cost of labor or other overhead expenses associated with making the copy except as provided for in Subsection D. The custodian may require a deposit against costs for reproducing documents whenever the custodian anticipates that the information thus requested will cost in excess of $5 to reproduce.
(3) 
If requests are made for duplicate photographs, the actual cost of making the photograph shall be charged.
[Added 3-15-2005 by Ord. No. 22-2005]
(4) 
Duplication of videotapes or audiotapes constitutes an extraordinary duplication process and will be charged at the rate of $5 per videotape or audiotape.
[Added 3-15-2005 by Ord. No. 22-2005]
(5) 
In the event that any document cannot be photocopied on the copy machine located at City Hall or not otherwise provided for herein, the actual cost incurred in making the copy shall be charged.
[Added 3-15-2005 by Ord. No. 22-2005]
(6) 
For any documents that are sent by mail, there will also be an additional charge of $0.25 per envelope plus the actual cost of postage.
[Added 3-15-2005 by Ord. No. 22-2005]
D. 
Special service charges.
(1) 
Whenever the nature, format, manner of collation, or volume of a government record embodied in the form of printed matter to be inspected, examined, or copied pursuant to this chapter is such that the record cannot be reproduced by ordinary document copying equipment in ordinary business size or involves an extraordinary expenditure of time and effort to accommodate the request, the City may charge, in addition to the actual cost of duplicating the record, a special service charge equal to $25 per hour of staff time incurred in assembling and/or copying the records requested. The custodian shall provide the requestor with an estimate of the total fee, including the special service charge. The requestor shall have the opportunity to review and object to the charge prior to it being incurred.
(2) 
The special service charge authorized herein shall be subject to review and modification annually commencing on the one-year anniversary of the effective date of this chapter. The increase in such special service charge shall be determined by multiplying the prior years' special service charge by a fraction, the numerator of which shall be the revised United States Department of Labor Consumer Price Index For All Items For All Urban Consumers (1982-1984 = 100) ("CPI") for the next to the last month preceding the beginning of the next twelve-month period and the denominator of which shall be the CPI for the month of the effective date of this chapter.
E. 
Mediums for copying. The custodian shall permit access to government records and provide a copy thereof in the medium requested if the City maintains the record in that medium. If the City does not maintain the record in the medium requested, the custodian shall either convert the record to the medium requested or provide a copy in some other meaningful medium. If a request is for a record in a medium not routinely used by the City; not routinely developed or maintained by the City; or requiring a substantial amount of manipulation or programming of information technology, the agency may charge, in addition to the actual cost of duplication, a special charge that shall be based on the cost for any extensive use of information technology, or for the labor cost of personnel providing the service, that is actually incurred by the City or attributable to the City for the programming, clerical, and supervisory assistance required, or both.
F. 
Form for requests; delivery of same; procedures upon receipt of requests.
(1) 
A request for access to government records held or controlled by the City shall be in writing and in the form prescribed by the custodian of records.
(2) 
Such request form shall be hand-delivered, mailed, transmitted electronically, or otherwise conveyed to the custodian.
(3) 
Any City officer or employee other than the designated custodian who receives a request for access to a government record shall not accept such request, but shall rather direct the requestor to the custodian.
(4) 
Upon receipt of a request for access to government records, the custodian shall transmit the request to the City officer, department, agency, board, or commission who regularly maintains the record(s) requested (the "responding department"). Such responding department shall promptly assemble and copy the records requested, and transmit same to the custodian for delivery to or inspection by the requestor.
(5) 
If a requested record or any portion of a requested record is deemed to be confidential for the purposes of P.L. 2001, c. 404 (N.J.S.A. 47:1A-1 et seq.), as amended and supplemented, or contains any other information for which a specific exception is provided pursuant to state or federal law, regulation or order or by state statute, resolution of either or both houses of the Legislature, executive order of the Governor [including, without limitation, Executive Order 21 (McGreevey)], rule of court or regulation promulgated under the authority of any statute or executive order of the Governor, the responding department shall alert the custodian that the record(s) or portions of the record(s) may not be disclosed and shall provide a specific statement of the reason why disclosure cannot be made.
G. 
Fees for certified copies of vital records.
[Amended 9-19-2006 by Ord. No. 77-2006; 4-7-2020 by Ord. No. 393-2020]
(1) 
Certified copy of birth, marriage, civil union or death record: $25 for the first copy; $2 for each additional copy of the same record ordered at the same time.
(2) 
Corrected copy of birth, marriage, civil union or death record: $25 for the first copy; $2 for each additional copy of the same record ordered at the same time.
A. 
The official appointed pursuant to N.J.S.A. 54:5-11 (pertaining to unpaid municipal liens) and N.J.S.A. 54:5-18.1 (pertaining to improvements authorized but not assessed) shall receive for each certificate issued by him or her a fee of $10 for official searches.
B. 
For a continuation of an official search for municipal liens or for improvements authorized but not assessed within three years from the date of the original search, the fee shall be $2 per year.
A. 
A custodian shall promptly comply with a request to inspect, examine, copy, or provide a copy of a government record. If the custodian is unable to comply with a request for access, the custodian shall indicate the specific basis therefor on the request form and promptly return it to the requestor. The custodian shall sign and date the form and provide the requestor with a copy thereof.
B. 
If a request for access to a government record would substantially disrupt the City's operations, the custodian may deny access to the record after attempting to reach a reasonable solution with the requestor that accommodates the interests of the requester of the City.
C. 
The custodian shall post prominently in public view in the part or parts of the office of the City Clerk that are open to or frequented by the public a statement that sets forth in clear, concise and specific terms the right to appeal of denial of, or failure to provide, access to a government record by any person for inspection, examination, or copying or for purchase of copies thereof and the procedure by which an appeal may be filed.
[Amended 11-14-2005 by Ord. No. 53-2005; 12-21-2010 by Ord. No. 221-2010]
The City shall impose a fee of $20 against any individual who shall issue a check to the City for any tax utility charge or fee, which check is subsequently dishonored by the individual's bank for insufficient funds or any other cause. No court appearance required for violations of this section. The appropriate City officials are authorized to take all steps necessary to effectuate this section.
[Added 4-18-2023 by Ord. No. 494-2023]
A. 
Purpose. While the general public may be permitted to access City buildings during regular business hours, the intent of this section is to safeguard public records that may contain confidential information or may be exempt from disclosure under the Open Public Records Act,[1] other City assets, and personal belongings, and ensure a safe workplace, by restricting access to work stations and work areas where such records, assets and personal belongings are maintained.
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
B. 
Restricted areas. Municipal office areas, storage, and work stations in City of Cape May including City Hall, 643 Washington Street; Convention Hall offices, 714 Beach Avenue; DPW offices, 830 Canning House Lane, have been secured and are closed to the public for the purposes set forth in this section, including protecting documents, digital data and other written, copied or printed materials that may contain confidential information that is protected by the federal, state or local laws. These areas include, but are not limited to, the following departments:
(1) 
City Manager's office.
(2) 
Clerk/Registrar office.
(3) 
Assistant Clerk I and II office/licensing (except for help desk area).
(4) 
Construction Department (except for help desk area).
(5) 
Zoning Department.
(6) 
Land Use Department.
(7) 
Mail and supply rooms.
(8) 
Server room.
(9) 
Employee restrooms and kitchen.
(10) 
CFO/Finance office.
(11) 
Deputy Treasurer office.
(12) 
Tax Assessor office.
(13) 
Tax Collector office (except for help desk area).
(14) 
Council Chambers conference room.
(15) 
Court offices and judges chambers.
(16) 
Storage areas.
(17) 
Utility closets.
(18) 
DPW (except for the main office entrance).
(19) 
Police Department (except for lobby/help desk area).
(20) 
Fire Department (except for lobby/help desk area).
(21) 
Bureau of Fire Prevention (except for lobby/help desk area).
(22) 
Convention Hall offices (except for lobby/help desk area).
(23) 
Water/sewer offices (except for lobby/help desk area).
(24) 
Beach Patrol headquarters.
(25) 
Beach tag office.
C. 
Signage. The City shall post signs outside of restricted offices and work areas that read, "Stop, Restricted Area, Authorized Employees Only."
D. 
Violations. Any unauthorized person who violates any provision of this section shall be subject to either an ordinance violation up to the maximum penalties provided in Chapter 1, Article III, of the City Code at the discretion of the municipal court judge, or criminal prosecution under N.J.S.A. 2C:18-3.