Borough of Chester, NJ
Morris County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Chester as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 225.
175a Sched of Reg Properties
[Adopted 4-3-1980 as Ch. XII of the 1980 Code]

§ 175-1 Definitions.

As used in this article, the following terms shall have the meanings indicated:
OFF-STREET PARKING LOT
The areas or places constructed or acquired or to be constructed or acquired and owned by the Borough for the parking and storing of motor and other vehicles, and shall include all real property, driveways, and roads which are used or usable in connection with parking or storing of such vehicles.

§ 175-2 Hours parking is permitted.

A. 
Eleven-hour parking shall be permitted between the hours of 7:00 a.m. and 6:00 p.m., and shall be limited to a period of two hours.
B. 
Parking shall be permitted with no limitation between the hours of 6:00 p.m. and 2:00 a.m.
C. 
No parking shall be permitted between the hours of 2:00 a.m. and 7:00 a.m.
D. 
All regulations herein shall be effective daily.

§ 175-3 Parking of vehicles.

Parking by all vehicles shall be accomplished by driving the vehicle forward into the parking space (head-on), and not by backing the vehicle into the space.

§ 175-4 Prohibited actions.

A. 
It shall be unlawful and a violation of this article for any person to permit a vehicle to remain in the parking lot for a period of time longer than prescribed by this article. It shall also be unlawful and a violation of this article for any person to wash, paint, repair or otherwise work on or in any such vehicle; provided, however, that nothing herein contained shall be construed to prohibit necessary emergency repairs to a vehicle.
B. 
Vehicles parked in excess of eight hours with one or more "for sale" signs on or affixed thereto for the purpose of advertising such vehicles for sale in public or private parking lots, right-of-way easements, front yards and/or residential streets shall be prohibited, except that a currently registered and inspected motor vehicle which is parked on the property of the vehicle owner may display one sign advertising it for sale, provided that:
[Added 4-6-2004 by Ord. No. 2004-2]
(1) 
Such sign is mounted inside the passenger compartment of the motor vehicle and does not exceed three square feet in area;
(2) 
The sale of such motor vehicle is an occasional sale and not part of a trade or business; and
(3) 
The vehicle is registered to an occupant living on the property.

§ 175-5 Removal of vehicles; owner to pay charges.

The Police Department may remove from any off-street parking lot any unattended vehicle parked or standing in any portion of any off-street parking lot which has remained in the lot for a period of eight hours after a summons has been issued charging a violation hereunder. When a vehicle is so removed from an off-street parking lot, the owner of the vehicle shall pay, before being entitled to the recovery or possession of the vehicle, all reasonable charges for towing, storage, and all other expenses incurred in the removing of the vehicle.

§ 175-6 Violations and penalties.

Any person who shall violate the provisions of this article shall, upon conviction, be liable to a fine of not more than $50 or imprisonment for a term not exceeding 10 days, or both, in the discretion of the magistrate imposing the fine or imprisonment.
[Adopted 9-19-2006 by Ord. No. 2006-22[1]]
[1]
Editor's Note: This ordinance repealed former Art. II, Fire Zones, adopted by Ord. No. 80-12, (see now Chapter 176, Fire Zones), and renumbered former Art. III, Traffic Regulations for Private Parking Areas Open to the Public, adopted by Ord. No. 80-17, to form a new Art. II.

§ 175-7 Regulation for the movement and parking on private property open to the public and to which the public is invited (retail business).

In accordance with the provisions of N.J.S.A. 40:48-2.46, on the following private property that is open to the public and to which the public is invited the movement of traffic shall be controlled by the regulations listed herein. No person shall operate or park a vehicle in violation of the following regulations.

§ 175-8 Regulated properties; plans.

A. 
Regulated properties. All vehicular traffic, pedestrian traffic and parking of vehicles in parking areas and accessways of parking yards and lots open to the public in the Borough of Chester, set forth in this chapter as schedules annexed to and made part of this chapter, or hereafter added by the governing body, will be referred to as a regulated area.
B. 
Plans, drawings, site plans or sketches of regulated properties. In support of the traffic regulations at a regulated area, there will be a plan, drawing, site plan or sketch, hereinafter known as "plan," used to demonstrate the property. The plan will show traffic control devices in effect for the specific regulated property. The plan will also show the design of the parking area, including but not limited to parking areas, traffic lanes, parking aisles, fire zones, fire lanes, handicap spaces, pavement markings and all other controls or devices used to regulate traffic and the overall site where any form of traffic is affected. Plans approved and made part of this chapter will be kept on file in the Borough Clerk's office and Police Department. The Police Department is responsible for review of plans for traffic control and enforcement and shall make modifications as required to preserve and safeguard the public for the purpose of enforcement of this article. The plan shall be made part of this chapter with the approval of the governing body. The plan is for the exclusive purpose of regulation of traffic and shall not nullify the site plan approved by the Planning Board or Board of Adjustment. The approved site plan of the Planning Board or Board of Adjustment shall be used as a model in creating the plan for the regulated property.

§ 175-9 Words and phrases.

A. 
Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of the State of New Jersey shall be deemed to apply to such words and phrases used herein.
B. 
As used in this article, the following terms shall have the meanings indicated:
MUTCD
Manual on Uniform Traffic Control Devices.

§ 175-10 General parking.

A. 
All vehicles shall park in a marked space only.
B. 
Vehicles shall be positioned parallel to painted white lines of the space.
C. 
Vehicles with trailers and vehicles too large for the standard space shall park perpendicular to the painted lines of a parking space in a parking area.
D. 
Parking space design and location as per approved site plan on file.
E. 
No vehicle shall park in a space marked by a wheelchair symbol unless authorized by an approved handicapped placard or license plate which shall be conspicuously displayed.

§ 175-11 Sidewalks and pedestrianways.

A. 
No vehicle shall be operated or parked on a sidewalk or pedestrianway.
B. 
No person(s) or object shall obstruct a sidewalk or pedestrianway.

§ 175-12 Traffic lanes.

A. 
Traffic lanes:
(1) 
Traffic lanes are designated as per plan.
(2) 
Traffic lanes shall be marked by double yellow painted lines.
(3) 
All vehicles shall keep to the right on marked traffic lanes.
(4) 
No vehicle shall stop or stand in any traffic lane.
(5) 
Plans that do not show definitive traffic lane(s) due to the simplicity of the specific property shall consider the area where vehicles transverse the parking area as the traffic lane.
B. 
Parking area aisles:
(1) 
The part of the site used to access the parking area spaces.
(2) 
Vehicles shall keep to the right when operating in parking aisles.
(3) 
All vehicles shall stop and yield when emerging from a parking aisle.
(4) 
No vehicle shall stop or stand in the parking aisle.

§ 175-13 No stopping or standing.

A. 
No vehicle shall stop or stand in any area, except in a parking space.
B. 
No vehicle shall stop or stand in any area marked with diagonal lines.
C. 
In any posted or marked area.
D. 
No vehicle shall stop or stand in a loading zone except to actively load.
[Added 11-6-2006 by Ord. No. 2006-23]

§ 175-14 Parking areas.

A. 
The area designed for the parking of vehicles.
B. 
Locations as approved per site plan.
C. 
Parking space design shall be marked in accordance to approved site plan.
D. 
No vehicle shall be operated diagonally across the parking areas.

§ 175-15 Stop intersections.

A. 
Operate in accordance with provisions of N.J.S.A. 39:4-144.
B. 
Stop intersections marked in accordance to MUTCD.
C. 
Locations of stop intersections are as per approved plan.

§ 175-16 Movement of traffic.

A. 
All traffic shall operate in traffic lanes and parking aisles. No vehicle shall drive over any curb or enter any area not designed for traffic.
B. 
All drivers shall obey the instructions of traffic control devices and/or pavement markings.

§ 175-17 Yielding right-of-way.

A. 
All vehicles approaching or crossing a traffic lane shall yield to vehicles on the traffic lane.
B. 
All vehicles shall yield to pedestrians crossing a traffic lane.

§ 175-18 Speed limits. [1]

Speed limit is 15 mph in all areas.
[1]
Editor's Note: Former § 175-18, Bicycles and wheeled recreational vehicles, was repealed 5-4-2010 by Ord. No. 2010-10; said ordinance also redesignated former §§ 175-19 through 175-28 as §§ 175-18 through 175-27, respectively.

§ 175-19 Reserved parking.

It shall be prohibited to park, occupy or otherwise obstruct a space marked as reserved.

§ 175-20 Tow-away zone.

Any vehicle parked or standing as to obstruct or impede a normal flow of traffic, block entrances or exitways, any pedestrian walkway, or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owner's or operator's expense.

§ 175-21 Official business.

Vehicles on official business shall be exempt from the parking provisions of this act in the course of duty.

§ 175-22 Notice to public.

Pursuant to N.J.S.A. 39:4-198, notice to public of ordinance in effect sign to be posted as required. Notice to public signs shall be posted at each entrance to the regulated property. There shall be two sign standards for the article as specified below.
A. 
Sites over 30 spaces. Sign size 30 inches by 30 inches.
"Public Notice. All vehicular, pedestrian, wheeled-device traffic and parking of vehicles in this parking area and accessways thereto are regulated by Revised General Ordinances of the Borough of Chester. The Police Department of the Borough of Chester enforces those regulations in this parking area, which includes all traffic control signs and pavement markings. Violators are subject to fine and/or imprisonment."
B. 
Sites of 30 or less parking spaces. Sign size 18 inches by 24 inches.
"Public Notice: This parking area is regulated by the Borough of Chester ordinance. The Police Department enforces those regulations shall include traffic signs and pavement markings. Violators are subject to fine and/or imprisonment."
C. 
In addition to the public notice sign, other signs may be requested at the discretion of the Chief of Police when he concludes the additional signs may be necessary for effective traffic management.
(1) 
Parking in marked spaces only, between white lines.
(2) 
Stopping or standing is prohibited except in marked spaces.
(3) 
Wheeled recreational devices prohibited.

§ 175-23 Signage.

A. 
All signs shall conform to the regulations of N.J.S.A. 39:4-198.
B. 
Traffic control signs and locations are identified on the plan.
C. 
The Police Department is authorized to review and instruct the property owner/agent where traffic regulation signs shall be erected. The Police Department shall ensure required signs are installed as required by law and shall provide guidance to the property owner/agent for installation for enforcement of this act.
D. 
The Police Department shall notify the property owner or his agent when signs, or roadway conditions having an effect to public safety, require immediate attention.
E. 
The property owner or his agent shall provide an emergency contact person who will immediately respond to such urgent condition.
F. 
The property owner or his agent shall have 24 hours to respond when notice from the Police Department is given to correct the hazard.
G. 
The property owner or his agent shall have an inventory of replacement signs available to correct the condition or barricade the hazard.
H. 
Costs and procurement are the responsibility of property owner or management company.

§ 175-24 Parking for use by handicapped.

A. 
Parking places for disabled persons. Upon the posting of the notice hereinafter described, no person shall stand, park or cause to be parked any vehicle in any parking space which has been specifically designated as a parking space for the vehicles of disabled persons in accordance with the Schedule of Disabled Parking Areas, unless said vehicle has a special vehicle identification, temporary placard, license insignia or marker posted thereon pursuant to this article and a disabled person is either the driver or a passenger in that vehicle.
B. 
Disabled persons sign to be posted. Notice in the form of a sign shall be posted at the parking area or parking place so designated for the parking of vehicles of disabled persons by the owner or occupant, lessee or licensee, and upon posting, the provisions of this article shall apply hereto. Prior to the posting of said notice, approval shall be required from the Borough designating the parking area or parking lot as parking for vehicles of disabled persons. Upon posting of such sign, the owner or occupant, lessee or licensee shall notify the Chief of Police, who shall cause said area, so posted, to be inspected by his Department to ascertain that the area is properly posted.
C. 
Disabled persons sign; contents. Such notice shall comply with the requirements contained in N.J.S.A. 39:4-198. Such notice shall clearly indicate the penalties which may be imposed for violation of this article.
(1) 
R7-8 Reserved Parking sign.
(2) 
R7-8P Penalty sign.
(3) 
Signs and pavement marking in accordance NJDOT standards.
D. 
Penalty. Pursuant to N.J.S.A. 39:4-197.5, as amended by P.L. 2003 c. 161, any person in violation of this article shall be liable to a fine of $250 for the first offense and, for subsequent offenses, a fine of $250 plus a maximum of 90 days' community service on such terms and in such form as the court shall deem appropriate.
E. 
Amendments. Schedules to this article may be added or amended by resolution of the governing body.

§ 175-25 Other prohibited activity.

A. 
No person shall wash, paint, repair or otherwise work on or in any such vehicle; provided, however, that nothing herein contained shall be construed to prohibit necessary emergency repairs to a vehicle.
B. 
Vehicles parked in excess of eight hours with one or more "For Sale" signs on or affixed thereto for the purpose of advertising such vehicles for sale in parking lots open to the public shall be prohibited. Such sign is mounted inside the passenger compartment of the motor vehicle and does not exceed three square feet in area. The sale of such motor vehicle is an occasional sale and not part of a trade or business for transacting vehicle sales.
C. 
No vehicle shall be parked in excess of 24 hours, except those vehicles that are affiliated to a tenant or with permission of the property owner or management company representing the owner. Any vehicle in violation of this section shall be summoned and the vehicle shall be towed away and stored at the owner's or responsible party's expense. The Police Department shall make a report on any such vehicle. Removal of such vehicle must be authorized by the Chief of Police.

§ 175-26 Discretionary enforcement.

Consideration shall be afforded to unusual deliveries which may require occupying an otherwise prohibited area or zone. Such consideration shall include those with disabilities, challenged deliveries, utility, maintenance and the like. Vehicles being operated in such circumstances shall execute the task promptly and vacate the prohibited area then completed or requested by the police or other authorized person.

§ 175-27 Violations and penalties.

Unless another penalty is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this chapter or any supplement thereto shall be liable to a penalty of not more than $150.00 or imprisonment for a term not more than 15 days, or both, for any moving violation and $100.00 for any parking violation.