[HISTORY: Adopted by the Township Committee of the Township of Franklin 11-21-1994 as Ord. No. 94-7. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 129.
Whenever any words and phrases are used in this chapter, the meaning respectfully 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.
Whenever certain hours are named in this chapter, they shall mean either Eastern standard time or Eastern daylight saving time, as may be current in use in the Township.
The term "Township streets" shall mean all streets, highways, roads, roadways, alleys, alleyways, rights-of-way and byways totally within the control of the Township of Franklin as public roads. Said term shall further include any street, roadway, alley, alleyway, right-of-way or byway not within the public system, but which are semipublic in nature where the Township maintains and/or plows snow in a limited manner by agreement or resolution.
The provisions of this chapter imposing a time limit or restriction on parking shall not relieve any person of the duty to observe other more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles, as set forth in N.J.S.A. 39:4-138, or any other New Jersey statute or as hereinafter provided.
Parking shall be prohibited on all Township streets as hereinabove defined in § 137-3 within the Township limits at all times between November 1 and April 1 of each year and every year at said times when it shall be necessary for the Township road crew to plow, salt, cinder or sand Township roads. Any car parked in violation of this section shall be towed so as to permit the necessary plowing, salting, cindering or sanding.
[Amended 10-16-1995 by Ord. No. 95-13; 10-26-1998 by Ord. No. 68-15]
No person, firm or corporation, the owner, tenant or occupant of any premises abutting on any public street within the jurisdiction of the Township of Franklin shall throw, place or deposit any snow, ice or sleet into or upon any of said Township streets. It is the intent and purpose of this provision to prohibit all persons from throwing, casting, placing, plowing or depositing snow, ice and sleet which has accumulated within the private property or any area outside of the traveled way or shoulder onto a Township street.
No person, firm or corporation, the owner, tenant or occupant of any premises abutting on any Township street, if require by necessity plowing of their driveways to gain access to the public street, shall plow any snow, ice and sleet into or upon the Township streets, traveled way or shoulder; rather, all snow, ice and sleet shall be deposited off the traveled way and shoulder. It is hereby further required, to facilitate the traffic flow and to maintain the proper width on the Township streets, that said person or persons or individuals and/or their agents shall feather the snow along said Township streets so that same does not encroach upon the traveled way and/or shoulder, if one exists.
It is hereby provided that any owner, developer, contractor or agent of a developer of any residential subdivision, if one or more lots located in said development are occupied by an owner or tenant by virtue of obtaining a certificate of occupancy, shall be responsible to plow any snow, ice or sleet that accumulates on said accepted streets during and after any storm causing any accumulation of snow, ice or sleet so that said roadways are sufficiently clear for the passage and flow of vehicular traffic.
It is hereby further required that the owner, developer or contractor, prior to obtaining a certificate of occupancy for any residential dwelling constructed within said development, shall provide the Township Clerk with a copy of a duly executed contract to plow said unaccepted streets within said subdivision.
In the event that the Township of Franklin Road Department or its agents or subcontractors clear the public streets as well as unaccepted streets in the development for the proper flow of vehicular traffic due to a violation under the provisions of §§ 137-7 and 137-8, the cost and expense therefor to the Township shall be certified to the Township Committee and Township Tax Collector of the reasonable cost therefor, and the same shall become a lien as a tax lien, pursuant to N.J.S.A. 40:65-12. Upon receipt of the certification by the Township Committee, it shall examine the same, and if found to be correct, shall cause such costs to be charged as a special tax against the lands so abutting said street. Said amount shall bear interest at the same rate and shall be collected and enforced in the same manner as all real estate taxes upon resolution of approval and authorization by the Committee to the Tax Collector.
[Amended 10-16-1995 by Ord. No. 95-13; 10-26-1998 by Ord. No. 98-15]
If any person, firm or corporation violates any of the provisions of this chapter, they shall be liable for the following penalty, to be enforced in the municipal court: the sum of $50 on the first offense; and a sum not to exceed $500 on each and every subsequent offense or imprisonment in the County jail for a period not to exceed 90 days, or both. Each and every day in which said violation exists shall constitute a separate violation. In addition, the owner of each vehicle parked in violation of this chapter shall be responsible for the cost of removal of his/her vehicle pursuant to the terms of a contract to be entered into between the Township and the person, firm or other entity providing for the removal of such vehicles.