Borough of Bloomsbury, NJ Vehicles and Traffic

Words and phrases. 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.

Official time standard. Whenever certain hours are named in this chapter, they shall mean either Eastern Standard Time or Eastern Daylight Saving Time as may be in current use.

§ 256-1.1 Purpose.

[Added 3-22-2016 by Ord. No. 103-16]

This chapter contains regulations for vehicles, traffic and the temporary prohibition of parking for snow plowing and removal.

§ 256-2 Authorization for closing of any street.

The Mayor of this municipality is hereby authorized to provide by regulation for the closing of any street or portion thereof to motor vehicle traffic on any day or days whenever he finds that such closing is necessary for the preservation of the public safety, health or welfare.

Any regulations promulgated by the Mayor in accordance with Subsection A above shall provide for the posting of proper warning signs of such closing on any street or portion thereof during the time the same is closed in pursuance thereof.

Any violation of a regulation promulgated hereunder shall be punishable as provided in Chapter 1, Article I, General Penalty, of this Code.

Any regulation adopted that mandates 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.

§ 256-3 Tow-away.

Any vehicle parked in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. The owner shall bear the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.

§ 256-4 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 as provided in Chapter 1, Article I, General Penalty, of this Code.

§ 256-5 Severability.

If any part or parts of this chapter are, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.

§ 256-6 Parking regulations not exclusive.

The provisions of this chapter imposing a time limit on parking shall not relieve any person of the duty to observe other, more restrictive provisions prohibiting or limiting the stopping or standing or parking of vehicles as set forth in N.J.S.A. 39:4-138, any other New Jersey Statute or as hereinafter provided.

§ 256-7 Parking prohibited during state of emergency.

Upon the declaration of an emergency, there shall be no parking upon the streets where temporary EMERGENCY NO PARKING signs are displayed. The Mayor or, in his/her absence, the ranking police officer is authorized to declare an emergency and to direct the posting of EMERGENCY NO PARKING signs when weather conditions, accidents, road construction, fire or public celebrations dictate or require avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that EMERGENCY NO PARKING signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs.

The effectiveness of this section is contingent upon the signs being erected as required by law.

§ 256-8 Temporary parking prohibition for snowplowing and removal.

Whenever snow or frozen precipitation has fallen and the accumulation is such that it covers the streets and highways, an emergency shall exist and no vehicle shall be parked on the streets or highways or portions thereof indicated. The above parking prohibitions shall remain in effect after the snow or frozen precipitation has ceased until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic or the ability of public works personnel to completely clear and remove all snow or ice.

	Name of Street	Side	Location
	All streets	Both	Entire length, no parking when such streets are covered by snow or frozen precipitation
	Brunswick Avenue	South	From its intersection with East Street to its intersection with State Highway 173 from November 15 of each calendar year through March 31 of the succeeding year there shall be no parking during and following any period of frozen precipitation, i.e., snow, ice or sleet, for so long as the roadway is not entirely free of accumulations of frozen precipitation

Any unoccupied vehicle parked or standing in violation shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer or code enforcement officer of the Borough may provide for the removal of such vehicle. The owner shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle.

Removal of vehicles in the event of frozen precipitation.

(1)

All motor vehicles shall be removed from all streets in the Borough of Bloomsbury when more than two inches of frozen precipitation fall and shall remain off the street until 12 hours after cessation of frozen precipitation events.

(2)

In the event that a vehicle is not removed from the streets of the Borough of Bloomsbury as provided in this section, the Borough shall be empowered to tow said vehicle from the streets of the Borough of Bloomsbury and impound said vehicle, which vehicle shall be released only upon payment of all fees and charges incurred as a result of towing said vehicle.

(3)

Any individual or corporation or partnership or other entity who or which violates this section shall be subject to a fine not to exceed $500.

§ 256-9 Stopping or standing prohibited during certain hours on certain streets.

No person shall stop or stand a vehicle between the hours specified on any day upon any of the streets or parts of streets described.

Name of Street	Side	Hours	Location
Church Street (County Route 579)	West	8:00 a.m. to 4:00 p.m. Monday through Friday or as required to be in concert with the elementary school schedule of activities	Beginning at the intersection with Main Street an approximate distance of 135 feet across the County Route from the Bloomsbury Elementary School

§ 256-10 Parking time limited on certain streets.

No person shall park a vehicle for longer than the time limit between the hours listed on any day (except Sundays and public holidays) upon any of the streets or parts of streets described.

Name of Street	Side	Limit	Hours	Location
County Route 579	East	15 minutes	10:00 a.m. to 10:00 p.m.	Starting from the intersection of Musconetcong Drive and Route 579 and extending 25 feet
County Route 579	West	15 minutes	7:00 a.m. to 10:00 p.m.	Starting 25 feet from the intersection of Willow Avenue and Route 579 for a distance of 50 feet

§ 256-11 Parking prohibited at all times on certain streets.

No person shall park a vehicle at any time upon any streets or parts thereof described.

Name of Street	Side	Location
Brunswick Avenue	South	From its intersection with East Street to its intersection with State Highway 173 from November 15 of each calendar year through March 31 of the succeeding year there shall be no parking during and following any period of frozen precipitation, i.e., snow, ice or sleet, for so long as the roadway is not entirely free of accumulations of frozen precipitation
Center Street	West	Between Brunswick Avenue and Main Street
Willow Avenue	Both	From West Street to Milford Road
Willow Avenue	North	Entire length

§ 256-12 Parking prohibited during certain hours on certain streets.

No person shall park a vehicle between the hours specified any day (except Sundays and public holidays) upon any of the streets or parts of streets described.

Name of Street	Side	Hours	Location
Main Street	North	8:00 a.m. and 4:00 p.m. on school days	From Church Street to a point 200 feet east of Church Street

§ 256-13 Parking of certain trucks, vehicles and trailers prohibited.

No person shall park any truck or vehicle over four tons gross vehicle weight (GVW), a school bus, any other type of bus, recreational vehicle, camper, boat or trailer between the hours specified upon any of the streets or parts of streets described.

Name of Street	Side	Hours	Location
All streets	Both	6:00 p.m. and 7:00 a.m.	Entire length

§ 256-14 Residential permit parking.

No person shall park a vehicle on streets or parts of streets as described within the following sections unless an appropriate and current parking permit as issued by the Borough of Bloomsbury is displayed on said vehicle for those streets or parts of streets as described or listed within the following sections.

Street	Side	Hours	Days	Location
(Reserved)

§ 256-15 Angle parking.

The following streets or parts of streets are hereby established as angle parking at an angle so indicated below.

Name of Street	Side	Angle	Location
Center Street	East	45°	Between Brunswick Avenue and Main Street

§ 256-16 Through streets.

Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described are hereby designated as through streets. Stop signs shall be installed on the near-right side of each street intersecting the through street except where yield signs are provided for in the designation.

Name of Street	Limits
Brunswick Avenue	Entire length
Lehigh Avenue	Entire length
Main Street	Entire length
North Street	Entire length

§ 256-17 Stop intersections.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as stop intersections. Stop signs shall be installed as provided therein.

Intersection	Stop Sign(s) On:
Deer Path and Woodland Terrace	Woodland Terrace
Fawn Run and Deer Path	Deer Path
Willow Avenue and Smith Street	Smith Street
Willow Avenue and West Street	West Street

§ 256-18 Multi-way stop intersections.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections herein described are designated as multi-way stop intersections. Stop signs shall be installed as provided herein.

Intersection	Stop Sign(s) On:
(Reserved)

§ 256-19 Yield intersections.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as yield intersections. Yield signs shall be installed as provided herein.

Intersection	Yield Sign(s) On:
(Reserved)

§ 256-20 One-way streets.

The following described streets or parts of streets are hereby designated as one-way streets in the direction indicated. Parking on these streets will be permitted on the sides indicated below.

Name of Street	Direction	Limits	Parking Permitted
Bethlehem Avenue	South	From State Highway 173 to Gardner Street	South side
Gardner Street	South	From Bethlehem Avenue to Brunswick Avenue	East side

§ 256-21 Routes for trucks over four tons.

Pursuant to N.J.S.A. 40:67-16.1, the streets or parts of streets as described are hereby designated as routes for vehicles over four tons. All trucks having a total combined gross vehicle weight (GVW) of vehicle plus load in excess of four tons shall be excluded from all municipal streets, except from those municipal streets listed, state highways and county roadways, which form a part of the truck route system. Vehicles will be permitted on all streets for the purpose of the pickup and delivery of materials.

Name of Street	Location
(Reserved)

§ 256-22 Limiting use of certain streets by commercial vehicles.

[Amended 6-27-2017 by Ord. No. 103-17]

Commercial motor vehicles over the gross vehicle weight (GVW) indicated are hereby excluded from the streets or parts of streets described, except for the pickup and delivery of materials on such streets:

Name of Street	Gross Vehicle Weight (tons)	Location
Main Street	4	Entire length
Milford Road	4	Entire length
Willow Avenue	4	Entire length

§ 256-23 Turn prohibitions.

No person shall turn at the below described location as indicated.

Intersection	Turn Prohibited	Movement Prohibited
(Reserved)

§ 256-24 Right turn only.

No person shall make a turn at the below listed location other than a right turning movement.

Intersection	Movement Permitted
(Reserved)

§ 256-25 No turn on red.

No person shall make a right turn on the red signal at any location listed:

Intersection	Movement Prohibited
(Reserved)

§ 256-26 Mid-block crosswalks.

The following locations are hereby established as mid-block crosswalks.

Name of Street	Location
(Reserved)

§ 256-27 Lane use reservations.

The lane locations described are designated as lane use reservations and traffic shall move as indicated.

Intersection or Location	Movement
(Reserved)

§ 256-28 Exclusive lane use.

The lane locations described are hereby designated as exclusive lanes for use by certain vehicles as indicated.

Name of Street	Type of Vehicle	Direction	Limits
(Reserved)

§ 256-29 Bicycle routes/lanes.

The lane locations described are hereby designated as bicycle lanes. Bicycle lanes shall be a minimum of four feet in width, pursuant to the Manual on Uniform Traffic Control Devices for Streets and Highways.

Name of Street	Side	Lane Width	Limits
(Reserved)

§ 256-30 Speed limits.

The speed limits for both directions of traffic along the streets or parts thereof described below and made a part of this chapter are hereby established at the rate of speed indicated.

	Name of Street	Speed Limit (mph)	Limits	Approval Date
	Church Street (County Route 579)	25	Between Lehigh Avenue and the Musconetcong River, except 15 miles per hour when passing through the Bloomsbury Elementary School Zone during recess, when the presence of children is clearly visible from the roadway or while children are going to or leaving school, during opening or closing hours
	Main Street	25	Between State Highway 173 and Church Street (County Route 579), except 15 miles per hour when passing through the Bloomsbury Elementary School Zone during recess, when the presence of children is clearly visible from the roadway or while children are going to or leaving school, during opening or closing hours

Regulatory and warning signs shall be erected and maintained to effect the above-designated speed limits.

§ 256-31 No-passing zones.

No-passing zones are hereby established and shall be maintained upon the following described streets or parts thereof:

Name of Street	Sketch #	Sketch Date	Approval Date
(Reserved)

§ 256-32 Bus stops.

The locations described are hereby designated as bus stops. No vehicle other than an omnibus, picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.

Name of Street	Hours
(Reserved)

§ 256-33 Articulated bus stops.

The locations described are hereby designated as articulated bus stops. No vehicle other than an omnibus, picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.

Name of Street	Hours
(Reserved)

§ 256-34 Loading zones.

The locations described are hereby designated as loading zones. No person shall park a vehicle in said location during the times indicated other than for the loading or unloading of goods and materials. (Note: Minimum length for all loading zones is 50 feet. No loading zone may be established in any area where it is prohibited to stand or park by statute. N.J.S.A. 39:4-138.)

Name of Street	Time	Side	Location
(Reserved)

§ 256-35 Taxi stands.

The locations described are hereby designated as taxi stands. No vehicle other than a taxi shall be permitted to occupy said locations during the times indicated.

Street	Location	Hours
(Reserved)

§ 256-36 Handicapped parking.

Handicapped parking on streets. In accordance with the provisions of N.J.S.A. 39:4-197.5, the following street locations are designated as handicapped parking spaces. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

	Street	Location
	(Reserved)

Handicapped parking on streets for private residences. In accordance with the provisions of N.J.S.A. 39:4-197.6, the following on-street locations are designated as handicapped parking spaces in front of private residences occupied by handicapped persons. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles or a temporary placard issued by the Chief of Police. No other person shall be permitted in these spaces.

	Street	Permit Number	Location
	Church Street [Added 11-25-2014 by Ord. No. 104-14]		43 Church Street

§ 256-37 Control of movement and parking of traffic on public and private property.

Regulation for the movement and the parking of traffic on municipal property and Board of Education property. In accordance with the provisions N.J.S.A. 39:4-197, the following municipal and Board of Education property shall have the movement of traffic controlled by the type of regulation indicated. No person shall operate or park a vehicle in violation of the regulations indicated.

	Property	Regulation
	(Reserved)

Regulation for the movement and the parking of traffic on private property open to the public and to which the public is invited (retail business).

(1)

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.

	Property	Regulation
	(Reserved)

(2)

The owners of the premises referred to in this section shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the current Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). The cost of signs and installations shall be the responsibility of the owner of said property. The owner shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Bloomsbury.

(3)

The penalty for a violation and conviction of this section shall be as provided in Title 39 of the Revised Statutes.

Regulation for the movement and the parking of traffic on all other private property. In accordance with the provisions of N.J.S.A. 39:5A-1, the regulations of Subtitle 1, Title 39, of the Revised Statutes are hereby made applicable to the properties listed below.

	Property
	(Reserved)

Regulation for the movement and the parking of traffic on municipal park property. In accordance with the provisions of N.J.S.A. 39:5A-4, the regulations of Subtitle 1, Title 39, of the Revised Statutes are hereby made applicable to the properties listed below.

	Property	Regulation
	(Reserved)

Regulation for the movement and the parking of traffic on United States Post Office property. In accordance with a written request from the Postmaster, the following various traffic regulations are hereby made applicable to the properties listed below as follows. No person shall operate or park a vehicle in violation of the regulations listed below.

	Property	Regulation
	(Reserved)

Signs, pavement markings, installation and maintenance. The owners of the premises referred to in Subsections B and E shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways. The cost for the procurement and installation of signs and pavement markings shall be the responsibility of the owner of said property. The owner shall, subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Bloomsbury. The owner shall be responsible for the repair and restoration or replacement of the same.

§ 256-38 Protective custody of intoxicated drivers.

[Added 6-28-2016 by Ord. No. 105-16]

Findings. Pursuant to N.J.S.A. 39:4-50.22, commonly known as "John's Law," a law enforcement agency that has arrested a person for a violation of N.J.S.A. 39:4-50, "Driving while intoxicated," may impound an arrestee's vehicle and release the arrestee into the care of an individual summoned to transport or accompany the arrestee from the premises of the law enforcement agency in order to ensure that the arrestee does not again operate a motor vehicle while under the influence. When an arrestee is unable to summon an individual to transport or accompany the arrestee from the premises of the law enforcement agency, the arrestee may present a danger to himself or others if provisions are not made to hold the arrestee in protective custody. Pursuant to N.J.S.A. 40:48-1, Subdivision 34, and N.J.S.A. 40:48-1.3, a municipality is authorized to enact an ordinance providing that a person who has been arrested for "driving while intoxicated" in violation of N.J.S.A. 39:4-50 may be held in protective custody at an appropriate police or other facility for up to eight hours. The person detained shall be transferred to an appropriate facility which shall maintain the arrestee until the arrestee is no longer a danger to himself or others. The Mayor and Council find and declare that the implementation of this section furthers the protection of the public health, safety and welfare.

Protective custody required; release. Any person arrested for a violation of the provisions of N.J.S.A. 39:4-50 shall be held in protective custody at an appropriate police or other facility where the person's condition may be monitored until the person is no longer a danger to himself or others, at which time the person shall be released from protective custody, or until he is released to the custody of an individual who can accompany him or transport him in a responsible manner. A person is no longer considered a danger to himself or others when the person's blood alcohol concentration is less than 0.05% and the person is no longer under the influence of any intoxicating liquor or narcotic or hallucinogenic or habit-forming drug to the extent that the person's facilities are impaired. In no event shall a person be held in protective custody for a period of longer than eight hours without being provided an appropriate hearing.

Exceptions; liability. Notwithstanding the provisions of this section, provided that it is not a detriment to public safety, the New Jersey State Police may, because of the age, health, or safety of the arrestee, release the arrestee pursuant to the provisions of N.J.S.A. 39:4-50.22, or provide an alternative to protective custody. The Borough shall not be subject to liability if a person is released from protective custody pursuant to the provisions of this section.

Use of State Police facilities. Nothing in this section shall be construed as requiring the use of New Jersey State Police facilities by the Borough for the purposes of this section.

Incorporation of statute. The provisions of N.J.S.A. 39:4-50.22, as may be amended from time to time, are hereby incorporated into and are deemed to be a part hereof.