Borough of Seaside Heights, NJ Article VI Overnight Parking and Excessive Idling

[Amended 5-5-2010 by Ord. No. 10-08]

§ 146-33 Overnight parking and excessive idling of certain vehicles prohibited.

A. Between the hours of 11:00 p.m. and 6:00 a.m., it shall be unlawful for anyone to park a moving van, dump truck, licensed construction equipment or any other vehicle with a gross weight in excess of three tons on any and all public streets within the Borough of Seaside Heights, County of Ocean, State of New Jersey. This section shall not apply to vehicles in the process of loading or unloading.

B. Between the hours of 11:00 p.m. and 6:00 a.m., it shall be unlawful for anyone to park any diesel-powered vehicle which is registered as commercial within the Low-Density and Single-Family Residential Zones of the Borough of Seaside Heights, County of Ocean, State of New Jersey.

C. Diesel-powered vehicles, whether located on public or private property, may not remain idling (which shall mean continuously running at low speed with the transmission disengaged for a period of longer than three minutes) within the Low-Density and Single-Family Residential Zones of the Borough of Seaside Heights.

§ 146-34 Purpose.

The purpose of this article is to prevent large vehicles and construction vehicles from parking overnight in areas within the Borough of Seaside Heights so as to unreasonably block light and air from residences and businesses in the Borough of Seaside Heights and to ensure that residential areas also remain free from the unreasonable noise and release of airborne contaminants attendant upon the starting and/or idling of diesel-powered vehicles.

§ 146-35 Excluded vehicles.

Any official municipal, county, state or school vehicle shall be excluded from the provisions of this chapter.

§ 146-36 Violations and penalties.

A. Any person violating or failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punishable by a fine of not more than $2,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

B. The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.