Township of Franklin, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Franklin as indicated in article histories.[1] Amendments noted where applicable.]
[1]
Editor's Note: At the time of publication of this Code, the Township Committee was considering a comprehensive Vehicles and Traffic Ordinance. Upon adoption and approval of such ordinance, it will be included in this chapter.
[Adopted 8-10-2009 by Ord. No. 2009-7]

§ 129-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
ENGINE BRAKING
The use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual, explosive noise from such vehicle.

§ 129-2 Specific prohibitions.

A. 
It shall be unlawful for the operator of any motor vehicle to use or operate or cause to be used or operated, at any time on any road within the Township, any mechanical exhaust or decompression system which results in the practice of engine braking.

§ 129-3 Exceptions.

The specific prohibition set forth in § 129-2 shall not apply to engine braking where necessary for the protection of persons and/or property which cannot reasonably be avoided by the application of an alternative braking system.

§ 129-4 Violations and penalties.

Unless another penalty is expressly provided by New Jersey statute, any person convicted of a violation of this article shall be punished for a first conviction thereof by a fine of not more than $100 or by imprisonment for a period not to exceed 10 days, or by both such fine and imprisonment; for a second such conviction, such person shall be punished by a fine of not more than $200 or by imprisonment for a period not to exceed 20 days, or by both such fine and imprisonment; and upon the third or any subsequent conviction, such person shall be punished by a fine of not more than $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

§ 129-5 Signage.

The Township is authorized to post signs at reasonable locations within the Township indicating the prohibition of engine braking, provided that no such signs shall be posted on state or county roads without prior approval, respectively, of the New Jersey Department of Transportation and County of Warren.
[Adopted 10-5-2009 by Ord. No. 2009-11]

§ 129-6 Prohibition on closure of municipal roads without permit.

No nonresident person, business entity, organization, or association shall close, block, or otherwise hinder traffic on a municipal street, within the Township of Franklin, without authorization obtained pursuant to § 129-7. Any violation of this section shall be punished by a fine and/or imprisonment as provided in § 129-12.

§ 129-7 Authorization to issue permit; application.

A. 
The Municipal Clerk shall be authorized to issue a permit for the temporary closure of any municipal street.
B. 
At least 30 days before the closure of a municipal road, an application for such permit shall be filed with the Township of Franklin with the following information:
(1) 
Date and hours of temporary closure, and a list of persons and addresses of parties applying for road closure.
(2) 
Copy of Franklin Township Tax Map showing street location and surrounding cross-streets to be temporarily barricaded.
(3) 
Short statement of purpose for street closure.
(4) 
Assurances of complete accessibility to all areas of street for emergency vehicles.
(5) 
Notification to Public Works at least 72 hours prior to events to drop off barricades based upon availability.
(6) 
Notification to Public Works on next business day to request pick-up of barricades.
(7) 
The application may require such additional information as the Township Committee prescribes by resolution.
C. 
The application shall be accompanied by a fee in the amount of $1,000 per day. Such fee shall be refundable in the event that the permit is denied. The permit shall be granted by the Municipal Clerk upon determining that the party is authorized and responsible. If a permit is granted, applicant must comply with § 129-11 as applicable.
D. 
The application shall be denied if the Municipal Clerk determines that blocking the street or portion thereof on the date requested in the application will unduly interfere with the flow of vehicular traffic. The Municipal Clerk shall advise the applicant, in writing, of the reason for the denial of the application.

§ 129-8 Clean-up after closure.

The applicant shall be responsible for the removal of litter, debris, and other materials from the street or portion thereof that is closed pursuant to permit.

§ 129-9 Obstacles blocking streets.

A municipal street closed pursuant to a valid permit shall not be obstructed by obstacles which cannot be readily moved to allow emergency and hazard vehicles to enter it in response to an emergency.

§ 129-10 Permits requesting closure exceeding 48 hours.

Any application requesting 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 where required by law.

§ 129-11 Liability.

A. 
The person, business entity, organization or association to whom the permit is issued shall be liable for losses, damages, or injuries sustained by any person in connection with the municipal street closure, whether or not said losses, damages or injuries arise by reason of the negligence of the person, business entity, organization or association to whom such permit shall have been issued.
B. 
The applicant shall be required to enter into a hold harmless agreement, which agreement shall provide that the applicant shall agree to save and hold the Township of Franklin harmless of and from any and all obligations and liabilities which may arise from the temporary street closing which represents the subject matter of the application.
C. 
The applicant shall further agree as part of these provisions to hold harmless the Township of Franklin and to defend at the applicant's own cost and expenses any claims or lawsuits instituted by third parties, which obligations or liabilities might otherwise exist or be asserted against the Township of Franklin.
D. 
The applicant shall be further required, prior to the issuance of a permit, to submit evidence of liability insurance covering damages to property and injuries to members of the general public arising out of the temporary municipal street closing for at least 1,000,000 or greater as determined by the Municipal Clerk with advice from the Township's Engineer and/or Attorney.

§ 129-12 Violations and penalties.

Any nonresident person, business entity, organization, or association who or which shall violate any provision of this article shall, upon conviction, be subject to a penalty of not more than $2,500. Each day of violation shall constitute a separate offense. The Township of Franklin may bring this action in the municipal court or Superior Court as a summary proceeding under the Penalty Enforcement Law of 1999, P.L.1999, c.274 (N.J.S.A. 2A:58-10 et seq.), and any penalty monies collected shall be paid to the Franklin Township Chief Financial Officer; and