The Municipal Council of the Borough of Totowa
finds and declares that the provisions of this article are enacted
for the following reasons:
A. To reduce the hazardous traffic conditions that are
caused by the use of streets within residential areas by vehicles
operated and parked by persons not residing within the residential
areas.
B. To protect these residential areas from polluted air,
excessive noise and refuse caused by the entry of such vehicles.
C. To protect the residents of these residential areas
from unreasonable burdens in gaining access to their residences and
in the quiet enjoyment of their homes.
D. To preserve the character of these areas as residential
areas.
E. To encourage the use of public transportation.
F. To promote efficiency in the maintenance of streets
in these residential areas in a clean and safe condition.
G. To preserve the value of the property in these residential
areas.
H. To promote traffic safety and the safety of children
and other pedestrians in these residential areas.
I. To forestall dangers arising from the blocking of
fire lanes, hydrants and other facilities required by emergency vehicles,
both in reaching victims and in transporting them to hospitals.
J. To facilitate the movement of traffic in the event
of accidents and other disasters.
K. To promote the peace, comfort, convenience and welfare
of all inhabitants of the Borough of Totowa.
As used in this article, the following terms
shall have the meanings indicated:
DWELLING UNIT
A single unit providing complete, independent living facilities
for one or more persons, including permanent provisions for living,
which normally include provisions for sleeping, eating, cooking and
sanitation.
ON-STREET PARKING SPACE
Twenty linear feet per parking space, exclusive of those
portions of the street where parking apart from the provisions of
this article is not presently permitted.
PARKING PERMIT AREA
A residential area where curbside parking on public streets
is limited to a vehicle properly displaying a parking permit authorized
by this article.
PERSON
A natural person, firm, copartnership, association or corporation.
RESIDENTIAL AREA
An area containing streets primarily abutted by residential
property or residential and nonbusiness property.
STREET
A way intended for general public use to provide means of
travel for vehicles and pedestrians. The word shall include the words
"road," "highway" and "thoroughfare."
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices used
exclusively upon rails or tracks.
No vehicle shall be parked on the streets or
parts of streets designated in Schedule XIX, attached and made a part
of this chapter, during the hours designated in the schedule, Monday
through Sunday, unless:
A. The vehicle is owned or operated on a regular basis
by a resident of that street; and
B. The vehicle has displayed on its left rear window
in such a manner as to be closely examined by an officer a current
residential parking permit; or
C. The vehicle falls under one of the exceptions to the
parking ban.
The following vehicles shall be exempt from
this article:
A. Visitors. A vehicle displaying a current visitor parking
permit may park a maximum of two days, provided that the operator
of the vehicle is a bona fide guest of a residence within the permit
parking area. The visitor's permit shall be displayed on the dashboard
(driver side) of the vehicle in such a manner as to be clearly visible
by an officer enforcing parking regulations.
B. Contractors, service and delivery vehicles. Contractors,
service and delivery vehicles bearing the name and address of a commercial
business may park without a permit during the time they are rendering
service to a residence within the permit parking area.
C. Emergency vehicles. Emergency vehicles and public
service, telephone and other public utility vehicles may park within
the permit parking area during the time they are rendering service
or repairs within the area.
Whenever the Borough Clerk or his designee shall
determine that certain streets exclusively or primarily servicing
residential land uses or portions of such streets are being used for
parking by the operators of vehicles who do not reside on said streets,
then the Borough Clerk or his designee shall recommend to the Municipal
Council that such streets be included within this article.
Any person who violates any provision of this
article shall, upon conviction thereof, be punished by a fine not
more than $50 or imprisonment not exceeding 15 days, or both. In addition,
any unoccupied vehicle parked or standing in, violation of this article
shall be towed and removed at the owner's expense. A separate offense
shall be deemed committed each day during or on which a new violation
occurs or continues.
Any unoccupied vehicle parked or standing in
violation of this article shall be deemed a nuisance and a menace
to the safe and proper regulation of traffic, and any police officer
shall provide for the removal of such vehicle. Before regaining possession
of the vehicle, the owner shall pay the reasonable costs of the removal
and storage which may result from such removal.