[HISTORY: Adopted by the City Council of the City of Cape
May as indicated in article histories. Amendments noted where applicable.]
[Adopted as Secs. 8-1 through 8-12 of the 1997 Revised General
Ordinances; amended in its entirety 4-18-2005 by Ord. No. 23-2005]
A.
Paid places of resort, beaches, bathing and recreational facilities
are hereby established in the City for the public health, recreation
and entertainment.
B.
Such places shall be located along the beach strand, as defined in § 158-12A of this article, upon all lands in the City fronting on the Atlantic Ocean, inclusive of all beachfront and waterfront lands, or on such beachfront and waterfront lands as otherwise prescribed by the City Council.
C.
The provisions of this article relating to fees and requiring badges
shall not apply, however, to persons walking on the promenade or persons
using a jetty or other permitted location solely for fishing purposes.
[Ord. No. 341-2018; amended 11-18-2019 by Ord. No.
383-2019]
As used in this article, the following term shall have the meaning
indicated:
A seasonal beach tag that may be purchased by any entity
or person(s) that rents or makes rooms or living space available to
members of the public for a fee, and that is required to obtain a
mercantile license from the City of Cape May or another municipality.
[Amended 1-21-2020 by Ord. No. 387-2019]
A beach tag to use the public beaches in the City of Cape
May during a bathing season for personal use by the purchaser of such
beach tag.
[Amended 4-22-2009 by Ord. No. 171-2009; 1-12-2011 by Ord. No. 223-2010; 12-18-2012 by Ord. No. 259-2012; 1-7-2014 by Ord. No. 273-2013; 3-18-2014 by Ord. No.
278-2014]
In order to provide the necessary funds to protect, guard, clean,
police, maintain, and otherwise manage the beaches of the City, the
following fees shall be charged:
A.
No fees shall be charged or collected from any person under the age
of 12 years.
B.
Twenty-five dollars per person, per season, for seasonal beach tags
purchased between December 1 and March 31 of the bathing season.
[Amended 4-6-2021 by Ord. No. 414-2021[1]]
C.
Thirty dollars per person, per season, for seasonal beach tags purchased
on or after April 1 of the bathing season.
[Amended 11-18-2019 by Ord. No. 383-2019]
D.
Twenty dollars per person, per week, for weekly beach tags, valid
from and including Saturday through and including Saturday of the
following week, which shall be available during any portion of the
bathing season. The last valid date for weekly beach tags shall be
imprinted on each weekly beach tag.
[Amended 11-18-2019 by Ord. No. 383-2019]
E.
Eight dollars per person, per day, for daily beach tags, which shall
be available during any portion of the bathing season.
[Amended 4-6-2021 by Ord. No. 414-2021]
F.
Fifteen dollars per person, per any consecutive three-day period,
for a three-day beach tag, which shall be available during any portion
of the bathing season.
[Amended 11-18-2019 by Ord. No. 383-2019]
G.
No fees shall be charged to or collected from persons in active military
service in any of the Armed Forces of the United States or to their
spouse or dependent children over the age of 12 years old.
H.
No fees shall be charged to or collected from persons who are active
members of the New Jersey National Guard who have completed initial
active duty training and to their spouse or dependent children over
the age of 12 years old. As used in this subsection, "initial active
duty training" means basic military training, for members of the New
Jersey Air National Guard, and basic combat training and advanced
individual training, for members of the New Jersey Army National Guard.
I.
No fees shall be charged to those persons who have served in any
of the Armed Forces of the United States and who were discharged or
released therefrom under conditions other than dishonorable and who
either have served at least 90 days in active duty or have been discharged
or released from active duty by reason of a service-incurred injury
or disability ("veterans"). In order to obtain a badge with no fee,
such veterans shall present to the City documentation, consistent
with laws, rules and regulations promulgated by the Adjutant General
of the New Jersey Department of Military and Veterans' Affairs, sufficient
to establish entitlement to a badge with no fee.
J.
Records and verification. As required by law, the City shall maintain a list of all individuals to whom beach tags are issued pursuant to Subsections H, I, and J above, including the names of all individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption. The City Manager shall also establish procedures for verifying that individuals and, as applicable hereunder, their family members who qualify for the beach fee exemption present appropriate credentials demonstrating active duty or Veterans status.
K.
The rate for commercial beach tags shall be $100 per season.
[Added 4-6-2021 by Ord.
No. 414-2021]
The Cape May Beach Utility Fund is hereby created effective
January 1, 2005, for the purpose of regulating, maintaining and controlling
the Cape May City beachfront operations and keeping and maintaining
appropriate records of beach operating and capital expenditures, pursuant
to N.J.S.A. 40A:4-1 et seq. Into such fund shall be deposited all
beach tag revenues, and paid from such fund shall be all operating
and capital expenditures properly attributable to the beachfront operations.
The Cape May Beach Utility Fund shall be under the supervision and
control of the Department of Finance.
A.
No person 12 years of age or over shall bathe at or otherwise use or be upon the beaches or areas set forth in § 158-1 without having first acquired and then having in his or her possession a proper and effective beach tag, license or permit to use the beach, which shall be worn conspicuously by the person during said use, so that it shall be visible at all times and shall be exhibited on demand to the beach inspector or other duly authorized representative of the City.
B.
Holders of current Cape May Point beach tags shall be granted access
to Cape May City Beaches via the Sunset Pavilion boardwalk access,
or the Cape May City Mt. Vernon access ramp. Access is limited to
transitory use only. Holders shall not sunbathe, swim, bathe, loiter,
and engage in any recreational or other activity that would cause
delay. Such badges shall be worn conspicuously by the person during
said use, so that it shall be visible at all times and shall be exhibited
on demand to the beach inspector or other duly authorized representative
of the City. This subsection shall be effective only during the existence
of a reciprocity agreement with the Borough of Cape May Point, which
shall be passed by resolution.
The respective beaches and other areas established by § 158-1 shall be open for such periods as City Council shall annually designate by resolution pursuant to § 158-6. Unless otherwise designated by resolution of City Council, beach tags shall be required between the hours of 10:00 a.m. and 5:00 p.m. prevailing time daily. The City reserves the right to close beaches or other areas during inclement weather or other emergent situations.
The City Council is hereby authorized and empowered to:
A.
Adopt by resolution, in addition to the rules and regulations herein
enumerated, such other rules and regulations as may be necessary for
the proper control and regulation of the beachfront and other areas
and the waters adjacent thereto.
B.
Designate by resolution the protected bathing beaches where lifeguards
and attendant equipment are to be provided by the City and from which
beaches persons may bathe and swim; however, the City Manager may
change or abolish the precise location of any one or more bathing
beaches from time to time, as safety and attending circumstances shall
require.
C.
To determine and establish by resolution the period during each year
when each of the paid bathing beaches shall be opened and closed.
The following rules and regulations are hereby established,
and it shall be unlawful to violate any of the rules and regulations
or those subsequently adopted resolutions, during the bathing season
or at other times if specifically provided for:
A.
The City or its duly authorized representatives shall be the sole
and exclusive vendor and/or lessor of the privileges, rights, badges
or permits, as it is hereby deemed unlawful for any person or entity
to purchase or lease the badges from any one other than the City or
its duly authorized representatives.
[Amended 11-18-2019 by Ord. No. 383-2019]
B.
The counterfeiting, copying, duplication or other reproduction of
the beach badges or permits issued by the City by anyone other than
the City or its authorized representatives is hereby prohibited.
C.
The possession of counterfeit and/or fraudulently obtained badges
or permits is hereby prohibited.
D.
Although the City will retain sole and final authority to design
and issue beach tags, commercial establishments may request that the
City issue a "branded" tag that depicts or identifies the particular
commercial establishment. The cost of such "branding" will be borne
by the requesting entity, and such branded tags shall only be issued
upon approval by the City Manager.
[Added 11-18-2019 by Ord.
No. 383-2019]
E.
Not later than November 1 of each year, the City Manager shall provide
City Council with a report that includes the amount of revenue raised
by the beach tag fees, broken down by category of tag; the cost of
operation of the beach utility for that year; the amount of any excess
or shortfall in revenue; and recommendations to the City Council as
to whether the beach fee ordinance should be modified. Council shall
review this information and, in its discretion, make any adjustments
to the beach fee ordinance that it deems necessary.
[Added 11-18-2019 by Ord.
No. 383-2019]
F.
Any holder of a mercantile license that purchases personal seasonal
beach tags for distribution to its customers shall be subject to possible
suspension or revocation of its mercantile license.
[Added 11-18-2019 by Ord.
No. 383-2019]
[Amended 11-15-2010 by Ord. No. 218-2010; 5-15-2018 by Ord. No. 350-2018; 9-4-2018 by Ord. No. 361-2018;11-18-2019 by Ord. No. 382-2019; 9-7-2021 by Ord. No. 434-2021]
A.
Boardwalk, promenade and environs. It shall be unlawful to violate
the following regulations regarding conduct on the Boardwalk, promenade,
and environs:
(1)
No person may operate, drive or park any type of vehicle except emergency
vehicles which are authorized by the City Manager, Chief of Police,
Superintendent of Public Works or Beach Supervisor to be used for
policing and cleaning.
(2)
No person may start a fire or use any type of portable device used
for cooking.
(3)
No person may ignore any whistle, signal or order of any lifeguard
or police officer of the City pertaining to the sport of fishing from
the asphalt promenade or rock wall adjacent thereto or any jetty or
groin.
(4)
No person or persons may park vehicles, loiter, assemble, band or
crowd together or otherwise act so as to interfere with or obstruct
the ingress and egress of others to the beach.
(5)
(Reserved)
(6)
No person may engage in any type of rough athletics at any time.
(7)
No person may hawk or peddle any article, goods, wares or merchandise
or place or paint signs, advertisements, notices, symbols or marks
upon the boardwalk, asphalt promenade or any of the approaches thereto,
except as permitted by the City Manager or where a license is required
under the City Code by the City Council.
(8)
No person may ride or park an electric or power-assisted bicycle
or electric or power-assisted scooter on the boardwalk, promenade,
and environs at any time.
(9)
In-season and off-season regulations.
(a)
Bicycles.
[1]
From May 16 and extending through the summer to September 14
("in-season"), riding or parking a bicycle on the boardwalk, promenade
and environs is permitted only between the morning hours of 4:00 a.m.
to 10:00 a.m.
[2]
Beginning September 15 and extending through the winter months
until May 15 ("the off-season"), the above limitation on bicycles
will not be in effect.
(b)
Dogs. No person may take, allow, or permit any type of animal
with or without a leash, except as follows:
(c)
Roller skates. Use of roller devices which are securely connected to safety shoes, commonly called roller skates and in-line skates, shall be subject to the same in-season and off-season restrictions applicable to bicycles above in § 158-9A(9)(a). Baby carriages and wheelchairs for persons with disabilities are permitted and not considered "roller devices" pursuant to this section.
B.
Beaches. It shall be unlawful to violate the following regulations
regarding conduct on the beach, jetty, groin or waters adjacent thereto:
(1)
No person may throw, place, deposit or leave any bottles, glass,
crockery, sharp or pointed articles or things, paper, refuse or debris
of any kind on the beaches.
(2)
No person may permit any animal on the beach, except dogs are permitted on the beach during the off-season and pursuant to § 158-9A(9)(b) above.
(3)
(Reserved)
(4)
No person may change apparel, dress or undress, defecate or commit
any other nuisance.
(5)
No person may act in an obscene or indecent manner.
(6)
No person or persons may make, continue or cause to be made any loud,
unnecessary or unusual noise or revel, disport or behave in a noisy
and boisterous manner or emit loud cries and other noises also as
to inconvenience others, or otherwise disrupt and disturb the public
peace and dignity. For the avoidance of any doubt, this includes any
continuous and unreasonable noise emitted by recreational aircraft
or other vehicle.
[Amended 6-7-2023 by Ord. No. 503-2023]
(7)
No person may operate, drive, park or move any vehicle on the beach
except for i) those permitted by City concession agreements; ii) emergency
vehicles; or iii) those used for cleaning or policing the beaches
with the permission of the City Manager, Chief of Police, Beach Supervisor
or Superintendent of Public Works.
(8)
No person may start or maintain a fire for any purpose or start or
maintain a portable device for cooking.
(9)
No person may hawk or peddle any article, goods, wares, or merchandise,
or place or paint any signs, advertisements, notices or symbols on
the beach except as permitted by the City Manager or where a license
is required under the City Code by the City Council.
(10)
No person may bathe or swim from the beachfront or other designated
area except from designated bathing beaches where lifeguards are provided.
(12)
No person may swim or bathe beyond a safe depth in the ocean,
as indicated, determined or regulated by the beach patrol or any member
thereof. No one shall dive or swim from any jetty, boardwalk or asphalt
promenade, or any rock wall adjacent thereto.
(13)
No person may ignore any whistle, signal or order from any lifeguard
or police officer of the City pertaining to the use of any lifebelt,
water wings, inner tube or any floating or inflated object or device
of any kind or description in the bathing area adjacent to the beach.
No canoe, boat or life raft or any type of motorized boat, raft or
canoe shall be used on any beach at any time with the following exceptions:
(a)
Kayaks are permitted on unguarded beaches at any time.
(b)
On guarded beaches, kayaks are permitted at any time other than
between the hours of 9:30 a.m. and 5:30 p.m. during the guarded beach
season and at any time during the unguarded season.
(c)
A twenty-five-foot kayak launching and landing area to be used
for the purpose of accessing water outside of the bathing or surf
zone shall be established at a location on the far western end of
the City-owned beach by the Beach Supervisor as safety and other circumstances
shall require.
(d)
Kayak wave surfing is prohibited at all guarded beaches during
guarded beach hours.
(e)
Anyone operating, using or riding upon a kayak in any water
within the control of the City of Cape May shall comply with all state
and federal regulations.
(14)
No person or persons may engage in any type of rough athletics
at any time.
(15)
No person may climb or enter any of the equipment used by the
lifeguards without the permission of the lifeguards in charge, nor
molest, bother or annoy the lifeguards in the performance of their
duties.
(16)
No person may hold or engage in any type of beach party on any beach within the City limits, except pursuant to a permit issued in accordance with § 368-4, Park use permits; fee.
(17)
No person may be present on any beach or waters adjacent thereto
between the hours of 10:00 p.m. and 6:00 a.m. daily.
(18)
No person may tamper with any public, quasi-public or private
property left on the beach or beachfront without first obtaining the
permission from the owner or person who has lawful control of property,
nor destroy, damage, or cause to be damaged any of the equipment or
property.
(19)
No person may use a lifebelt, water wings, inner tube or any
floating or inflated object or device of any kind or description in
the bathing area adjacent to the beach, except in areas designated
for such purpose by the City Manager.
(20)
No person may ignore any whistle, signal or orders pertaining
to conduct on the beaches of the City under the supervision of the
Cape May lifeguards.
(21)
No person may tamper with or handle the boats, lifeguard stands
or any other equipment which is used by the beach patrol.
(22)
No person may engage in the sport of surfing with surfboards
or other similar devices, or use the same on any beach, or waters
adjacent thereto, at any time except as permitted by and at locations
as are designated by the Beach Superintendent of Lifeguards or his
designated representative. The Beach Superintendent of Lifeguards
shall designate permitted times and locations for surfing as safety
and other circumstances shall require and shall notify the public
and the proper City officials of same.
(23)
No person may engage in any commercial, business or promotional
activity without a resolution of the City Council specifically authorizing
such activity in full compliance with all applicable federal, state
and local laws.
(24)
No
manned aircraft, including but not limited to powered and unpowered
parachutes, may be launched from or land on any beach, or other public
property, within the City unless prior written permission has been
granted by the City.
[Added 6-7-2023 by Ord. No. 503-2023]
[Ord. No. 361-2018]
Certain acts are prohibited on the Washington Street Mall within the areas set forth in § 324-1 of Chapter 324, Article I, Washington Street Mall, extending from Ocean to Perry Streets. Specifically no persons shall:
A.
Use any public or quasi-public bench, seat or chair for sleeping
or for the storage of baskets, bundles, clothing or other like objects,
so as to prevent the reasonable use by others, or stand on the benches,
or sit on the back-rest.
B.
Operate, drive or park any type of vehicle, except emergency vehicles
which are to be used for policing or cleaning as authorized by the
City Manager, Chief of Police or Superintendent of Public Works.
C.
Ride or take any bicycle or other vehicle on any part of the Mall,
park or place any such bicycle or other vehicle on any part of the
Mall, except at such locations and on such occasions as may be specifically
provided by the City Manager for said purpose.
D.
Except for properly documented and licensed service animals, take,
allow, permit, or cause any type of animal, with or without a leash,
on any part of the Mall.
E.
Use, take, or permit the use of roller skates, stilts, pogo sticks
or other similar devices on the Mall, or engage in any type of rough
athletics or ball playing.
F.
Hawk or peddle any articles, goods, wares or merchandise on any part
of the Mall without a license or permit duly issued in accordance
with the City Code.
G.
Paint anything upon the concrete surfaces, or start a fire or use
any type of portable device used for cooking.
H.
Consume or possess alcoholic beverages.
I.
Smoking,
which includes inhaling, exhaling, burning, or carrying any lighted
or heated cigar, cigarette, pipe, hookah, or any other lighted or
heated tobacco or plant product intended for inhalation, including
but not limited to marijuana, whether natural or synthetic, in any
manner or in any form. "Smoking" includes the use of an electronic
smoking device which creates an aerosol or vapor, in any manner or
in any form, or the use of any oral smoking device for the purpose
of circumventing the prohibition of smoking in this section.
[Added 7-6-2021 by Ord. No. 426-2021]
A.
PERFORMANCE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any exhibition featuring vocal and/or instrumental music,
juggling, mime, magic, dance, drama, puppetry, comedy, acrobatics,
circus acts (without animals), and similar nonhazardous activity.
B.
Permit required. All performers must complete an application and
file same in the office of the City Clerk. The application must be
filed no later than 20 days before the requested performance date(s).
Permits issued by the City Clerk must be clearly visible at all times
during the public performance.
D.
Location of performances. Three locations on the Washington Street
Mall are designated as approved sites. No other locations shall be
permitted. These are as follows:
(1)
300 Block: From 302/303 Washington Street Mall to 322/323 Washington
Street Mall.
(2)
400 Block: Between the electric transformer enclosures.
(3)
500 Block: From the first raised flowerbed to the west side of the
electric enclosure, then from each side of the electric enclosure
to the old ship's bell.
E.
Hours and length of performances. Performances will be permitted
only during the hours of 10:00 a.m. to 10:00 p.m. Sunday performances
will be permitted during the hours of 12:00 noon to 10:00 p.m. No
performances shall be permitted in the 500 Block on Saturdays between
4:00 p.m. and 7:00 p.m., or on Sundays between 6:00 p.m. and 7:00
p.m., or during functions at the Our Lady Star of the Sea Church.
Performances shall be limited in time to no more than 30 minutes in
any one block, and to no more than a total of two hours in length,
subject to scheduling by City Clerk's Office.
F.
Number of performers. No more than four performers shall be permitted
at any one time at each location. The number of performers permitted
may be increased with the approval of the City Manager. No more than
two locations on the Mall shall be permitted to be used at the same
time.
G.
Soliciting not permitted. No soliciting for gratuities shall be permitted
at any time. "Soliciting" shall mean direct requests for money, and
shall not allow indirect requests, such as the placing of a hat or
open instrument case on the ground or stage.
H.
Amplified music. No amplified music may be used.
I.
General regulations.
(1)
Performers shall not position themselves as to impede pedestrian
movement or access to Mall businesses.
(2)
Performers must adhere to all other federal, state and City laws
and ordinances pertaining to public conduct.
(3)
Performers shall be deemed to be familiar with Chapter 340, Noise, as amended, and shall comply with all provisions thereof.
(4)
No profanity or obscenity shall be permitted.
J.
Exemptions.
(1)
The provisions of this section shall not apply to carolers during
the month of December.
(2)
Any performer or organization who holds a tax-exempt certificate
issued by the Internal Revenue Service shall not be required to pay
a permit fee and shall have the twenty-day permit application period
waived.
A.
BEACH
BEACH DUNE AREA
DUNE
STRAND
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The zone of unconsolidated material that extends landward
from the low-water line to the place where there is a marked change
in material or physiographic form, i.e., dune or bulkhead.
Dunes, beach or strand, as herein defined.
A wind- or wave-deposited formation of vegetated or drifting
wind-blown sand, that lies generally parallel to and landward of the
beach, and between the upland limit of the beach and the foot of the
most inland dune slope. "Dune" includes the foredune, as well as secondary
and tertiary dune ridges where they exist. Formations of sand immediately
adjacent to beaches that are stabilized by retaining structures, and/or
snow fences, planted vegetation, and other measures, are considered
to be dunes regardless of the degree of modification of the dune by
wind or wave action or disturbance by development.
The area that extends landward from the low-water line to
the dune line, being the same area defined as "beach."
B.
Use restrictions.
(1)
It shall be unlawful for any person or persons to remove, cart away
or redistribute, by any mechanical means, any sand from the beach
dune area.
(2)
It shall be unlawful for any person or persons to remove any snow
fence or beach vegetation, which exists in the beach dune area.
(3)
It shall be unlawful to trespass on any dunes, natural or man-made,
except as paths are designated and marked for public use and enjoyment.
(4)
The beach dune area and any other natural protective barriers now
existing or heretofore created are necessary and proper for the good
government, order and protection of persons and property and for the
preservation of the public health, safety and welfare of this City
and its inhabitants. It is an appropriate and necessary exercise of
the police power that the beach dune area and other protective barriers
remain intact in order to provide protection deemed essential. The
areas for which protection is deemed essential include, but are not
limited to, the embankment and emplacement of sand in and along the
sand dune line.
(5)
Each and every violation hereof shall be deemed a new and separate
offense.
C.
Sand dune protection. It shall be unlawful for any person, either
on foot or on some form of conveyance, to:
(1)
Disturb or destroy dunes, dune grasses, or other forms of vegetation
planted for the enhancement of dunes.
(2)
Come within any area enclosed by sand fencing.
(3)
Remove any sand, sand fencing, dune grasses or other dune vegetation
from the beaches or dunes.
(4)
Traverse the area of the dunes unless on duly designated paths or
when officially engaged in dune maintenance.
[Amended 5-15-2007 by Ord. No. 99-2007A]
A.
BEACH STRAND IN THE CITY
RENTAL BASE
TENT
Definitions. As used in this section, the following terms shall have
the meanings indicated:
All the area, whether publicly or privately owned, and whether
or not flowed by tide, within the boundaries of the City to the south
of the southerly sideline of Beach Avenue so far as jurisdiction of
the City extends oceanward and including the area on the southerly
side of extensions of Beach Avenue on both its westerly and easterly
ends, if extended, in straight lines to the City limits.
A specific location on the beach strand from where the concessionaire
or operator transacts business. No rental base shall be within 300
linear feet, measured parallel to the ocean, from any other rental
base.
A shelter of fabric (i.e., nylon or canvas) stretched and
sustained by a frame, which may be left overnight on the beach strand
or removed therefrom on a daily or periodic basis, and used as a temporary
structure.
B.
Regulations.
(1)
No permanent construction shall be permitted on the beach strand
except protective works undertaken by the City or other governmental
authority.
(2)
Tents and storage boxes for lease or hire or for use as a beach service
area are permitted subject to the following regulations:
(a)
Only one row of tents shall be permitted. Such row of tents
shall be parallel to the ocean and shall be placed no closer to the
water than the landward side of an imaginary line drawn parallel to
the ocean which is the midpoint between the end of the dune line closest
to the ocean and the official high mean water mark.
(b)
No tent shall exceed the area of 100 square feet.
(c)
No tent shall exceed the total height of eight feet, measured
from the lowest sand on any side of the tent, excluding small decorative,
wordless pennants or flags no larger than 300 square inches and no
higher than 18 inches above the highest point on the tent.
(d)
Each tent must be properly anchored using temporary attachments
only.
(e)
For beach cleaning, safety access and beach access purposes,
any connection between tents or temporary structures with walkways
of any type are prohibited; however, floors shall be permitted inside
of the tents.
(f)
Any sides, fronts or backs of tents shall be constructed so
that they can roll up and down, and they shall be rolled up when not
in use. Tents with fixed sides, fronts and/or backs shall not be permitted.
(g)
Storage boxes for rent to the general public shall be permitted
if placed not farther than 30 feet seaward from the dune. Such storage
boxes shall not exceed four feet in height and width. For purposes
of this section, the width shall be measured perpendicular to the
ocean.
(h)
Storage boxes for the storing of beach umbrellas, chairs and
other beach-related equipment rented to the general public shall be
permitted. For each rental base, there shall be no more than three
storage boxes permitted in this subsection and the total area of all
such storage boxes shall not exceed 300 square feet in the aggregate.
Such storage boxes shall not exceed seven feet in height.
(i)
Not more than 20% of the linear front footage of any leased
or owned beach strand, parallel to the ocean, may be obstructed by
the placement of tents which have fabric or other material covering
the sides, fronts or backs. For tents that do not have any fabric
or other material covering the fronts, sides or backs, not more than
50% of the linear front footage of any leased or owned beach strand,
parallel to the ocean, may be obstructed by the placement of tents.
If there is a combination of tents with and without fabric or other
materials covering the fronts, sides or backs of tents, the linear
front footage shall be allocated to each such category of tent based
on the ratio of the number of each such category to the total. For
example, if a beach strand has 200 linear front feet parallel to the
ocean and there are 10 tents, six of which do not have any fabric
or other material covering the fronts, sides or backs, 60% of the
frontage shall be subject to the twenty-percent limit and the remaining
40% shall be subject to the fifty-percent limit, such that the combined
limit shall be 32% (20% x 60% plus 50% x 40%). As a result, the total
width of all tents on that particular strand cannot exceed 64 feet.
Front footage shall be determined by the official Tax Map of the City
of Cape May.
(j)
No temporary structure shall be placed on the beach prior to
April 1 and must be removed no later than October 15 of each year.
(k)
All temporary structures shall comply with all applicable federal,
state and local laws.
(l)
On or before April 1 of each year, the operator of a beach concession shall submit to the City Manager a plan depicting the size, number, location and detail of all temporary structures for the summer season. Such plan shall then be subject to the review and approval of the City Manager for compliance with the provisions of this Chapter 158 and shall also be subject to the review and approval of the Construction Official and Fire Subcode Official for compliance with all applicable construction and fire safety regulations, and to insure that such temporary structures do not prohibit or limit access to the beaches from the entrance points.
(m)
There shall be no advertising with respect to any businesses
other than the business being conducted on the beach strand. All signs
and other advertising materials shall also comply with the City's
sign regulations.
The City reserves the right to revoke any beach privileges granted
under this article for any violations of its provisions, or other
rules and regulations, and to retake and impound any beach identification
badge or other permit, which has been improperly used or obtained.
Such revocation shall not preclude the imposition of any other penalties
provided for such violation.
[Amended 7-3-2023 by Ord. No. 504-2023]
Any person violating any of the provisions of this article or any of the rules and regulations adopted hereunder shall, upon conviction thereof, be liable for the penalty stated in Chapter 1, Article III, Penalty, together with repair or restoration of any damaged property, and each day that a violation continues shall be deemed a separate violation. Any violation of this article constitutes a breach of the peace.
