[HISTORY: Adopted by the Township Committee of the Township of Cinnaminson 2-13-2012 by Ord. No. 2012-3.[1] Amendments noted where applicable.]
[1]
Editor's Note: Section 3 of this ordinance specifically saved from repeal any and all parking provisions enacted in Ch. 2, Vehicles and Traffic.
[Amended 12-21-2020 by Ord. No. 2020-16]
The intent of this chapter is to remove and prevent from the placement in the Township rights-of-way objects which may cause an obstruction to motorists and which, based on their irregular shape and size, may cause harm to the streets or to other motorists, pedestrians and cyclists along the Township's roadways and, further, to prevent parking on private property which may be detrimental to the Township and its residents, especially in the night hours, and to prohibit activities which the Township has determined to present substantial safety concerns to the residents of the Township.
[Amended 12-21-2020 by Ord. No. 2020-16]
As used in this chapter, the following words shall have the following meanings:
ACTIVE REPAIR
Repair or maintenance of any vehicle defined in this section which is being conducted on daily basis for a period of no longer than two weeks, barring approval of the Township pursuant to § 379-3 below.
[Added 10-18-2021 by Ord. No. 2021-12]
BOAT OR WATERCRAFT TRAILER
Includes any trailer intended for conveyance of any boat (whether motorized or not) or watercraft.
CAMPER AND CAMPING VEHICLE
Includes any vehicle or structure, non-self-propelled, where the vehicle or structure is designed, constructed, reconstructed, or added to by means of accessories to permit the occupancy thereof as a dwelling or sleeping place for one or more persons on a temporary or permanent basis, except that such terms shall not include such structures which, by reason of installation or attachment, are not subject to or intended for transport.
COMMERCIAL VEHICLE
Any motor vehicle, trailer, tractor, truck, pickup truck or van licensed or designated for use or used for the transportation of property or other commercial purposes on the streets and highways of New Jersey such as the regular providing and delivery of goods, wares, merchandise and services having a rated maximum gross vehicle weight in excess of 16,000 pounds, or having more than two axles.
OVERSIZED VEHICLE
Any vehicle having a gross weight in excess of 8,000 pounds.
RECREATIONAL VEHICLE
Includes any self-propelled structure which by design is intended to permit the occupancy thereof as a dwelling or sleeping place for one or more persons on a temporary or permanent basis and shall include, but is not limited to, campers, camping vehicles and RVs, but shall not include any van, conversion van or RV that is less than 21 feet in length and under 8,000 pounds.
TRAILER
Includes any structure or apparatus which by design or construction is intended to be attached or hitched to a motor vehicle for purposes of transport or conveyance of itself or items to be placed in or thereon and includes, but is not limited to, truck or tractor trailers, boat or watercraft trailers and/or non-self-propelled campers or camping vehicles.
WATERCRAFT
Includes any nautical vehicle, including boats of any nature (whether motorized or not), and including but not limited to fishing boats, ships, yachts, row boats, jet skis, wave runners, or like vehicles.
A. 
No person shall park, or allow to remain parked or standing, a truck, tractor, trailer, bus, recreational vehicle, oversized vehicle or any other type of vehicle registered with a length of 21 feet or greater or a gross weight greater than 8,000 pounds, on any street or public right-of-way under the jurisdiction of the Township of Cinnaminson, or portion thereof, between the hours of 9:00 p.m. to 7:00 a.m.
B. 
No person shall park or allow to remain parked or standing any house trailers, mobile home, camper or recreational vehicle, boat or personal watercraft or boat or watercraft trailer or other type trailer upon any street or public right-of-way within the Township of Cinnaminson between the hours of 9:00 p.m. and 7:00 a.m. the following day.
C. 
No person or person belonging to the same household within the Township of Cinnaminson shall park or allow to remain parked or standing more than one vehicle with a gross weight equal to or less than 8,000 pounds, having commercial registration or utilized for any commercial purposes, on any residential street under the jurisdiction of the Township of Cinnaminson, or portion thereof, between the hours of 9:00 p.m. and 7:00 a.m. the following day.
D. 
Parking of vehicles for display for sale prohibited. No person shall park or allow to remain parked or standing vehicles for display for sale in the public right-of-way. Nothing in this provision shall prohibit a person from parking for display for sale their own vehicle on their own property adjacent to the public right-of-way as long as the same is properly located upon a permanently paved or stoned surface.
E. 
No person shall park, or allow to remain parked or standing, a commercial vehicle on any private road or private property within the Township between the hours of 11:00 p.m. and 6:00 a.m. every day unless the commercial vehicle is owned by the owner, lessee, or occupant of the private road or private property on which the commercial vehicle is being parked and subject to all other restrictions contained within this section.
[Amended 12-21-2020 by Ord. No. 2020-16]
F. 
No person shall park, or allow to remain parked or standing, any of the vehicles of, or a combination of, the vehicles and/or equipment identified in Subsections A through E or any other type of vehicle where the combined length of 21 feet or greater or combined registered gross weight is greater than 8,000 pounds, on any street or public right-of-way under the jurisdiction of the Township of Cinnaminson, or portion thereof, between the hours of 9:00 p.m. to 7:00 a.m. The purpose of Subsection F is to prevent the stacking of multiple vehicles or equipment which would not, based on the individual weight or size, satisfy the requirements of Subsections A through E from creating a similar obstruction if the same are registered to the same property and are parked in such a fashion as to create an obstruction to the roadway.
[Amended 12-21-2020 by Ord. No. 2020-16]
G. 
No person shall park or allow to remain standing, upon any street or public right-of-way within the Township of Cinnaminson, any trailer, dumpster, or refuse container used for any commercial or business purposes that contains rubbish, trash, garbage, junk, refuse, and/or debris. As used in this section, the above terms shall refer to any unwanted or undesired material or substance for which no use is foreseen and which typically, but not always, has very little or no intrinsic value, including but not limited to construction debris and fencing. Trash and debris containers must be placed in the driveway. If there is no driveway at the subject property, the container may be placed in the yard area a minimum of 10 feet away from adjoining properties and the street right-of-way.
[Amended 12-21-2020 by Ord. No. 2020-16]
H. 
Towing. Any vehicle or equipment identified in Subsections A through G of this section, parked or standing in violation of this section, shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer may provide for the removal of such vehicle or equipment. The owner shall pay the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle or equipment.
[Added 12-21-2020 by Ord. No. 2020-16]
I. 
Nothing herein shall be deemed to prohibit the parking or storing of any vehicles defined in § 379-2 above, or equipment related thereto, on a private road or private property while it is being used in, is subject to, or is being parked or stored due to the transaction of business with the owner, lessee, or occupant of private property in the area or is in the area for the purpose of installing, maintaining or performing public utility services. The owner or operator of any vehicle defined in § 379-2 and permitted to be parked overnight pursuant to this subsection may not use the vehicle for lodging purposes.
[Added 12-21-2020 by Ord. No. 2020-16; amended 10-18-2021 by Ord. No. 2021-12]
J. 
Any vehicles parked and/or stored in accordance Subsection I, specifically at those businesses engaging in automobile repair, must be the subject of an active repair. The owner, lessee, or occupant of private property must make all efforts to park and/or store the vehicle in a manner which does not result in a visual blight. If the owner, lessee, or occupant of private property which anticipates that any vehicle specifically defined under § 379-2 will be parked and/or stored for a period of longer than two weeks, the owner, lessee, or occupant must request approval, in writing, to the Township Clerk with said request advising the Township of the anticipated storage and repair schedule and setting forth the reasons which would necessitate an extended storage schedule. Failure to comply with this subsection will result in the imposition of fines and penalties in accordance with § 379-5.
[Added 10-18-2021 by Ord. No. 2021-12]
No person shall store, stage, dump, deposit or by any other means cause to remain in the right-of-way any accumulation of debris, construction debris, material or remnant thereof, grass, grass clippings, concrete, stone, mulch, dirt, topsoil, rock or pebbles or the like, fencing or parts thereof, whether new or used, sheds or similar structures or parts thereof. These materials, as defined herein, shall be properly disposed of in accordance with solid waste management techniques, including recycling if appropriate, in approved containers. Regardless, no materials or containers shall be placed in the right-of-way at any time. This provision shall not apply to normal household waste properly placed at the curb for municipal pickup pursuant to the designated days and hours per § 442-19 of the Code.
Each and every person failing to comply with any of the provisions of this chapter shall, upon conviction thereof, be punished by a fine of up to $100 for the first offense, and for subsequent offenses within one year (12 months), not less than $100 nor more than $500, and/or up to 90 days' community service on such terms and such form as the court shall deem appropriate, or any combination thereof. In addition, said vehicle, trailer, boat, camper, etc., shall be subject to removal per § 379-3G above, including the cost of storage and removal fees. Each day's continued violation of this chapter shall constitute a separate and distinct offense of the provisions hereof.
[Amended 3-21-2016 by Ord. No. 2016-3]
A. 
A notice of violation shall be served on the owner, lessor or agent, and the notice shall be posted upon the premises in a conspicuous place when the owner, lessor, or agent cannot be found at the address in the registration or in the Township tax records. Notice may be served by regular and certified mail, national overnight courier service and/or personal service. Said enforcement and abatement notice shall specify the enforcement official's findings and determinations and a date for correction and abatement.
B. 
If any person fails to comply with any of the provisions of this chapter, within 48 hours after service of violation notice, fail or neglect to remove the obstruction or otherwise cure the violation in accordance with said notice, said action to correct the obstruction shall be accomplished by or under the direction of a member of the Police Department, and he/she shall certify the cost thereof to the Township Committee, which shall examine the certificate and, if found correct, shall cause the cost as shown thereon to be charged against said lands; the amount so charged shall forthwith become a lien upon such lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands, the same to bear interest at the same rate as taxes, and shall be collected and enforced by the same officers and in the same manner as taxes.
C. 
If notice of violation is served on a Friday or a day preceding a holiday recognized by the Township, the person in violation of this chapter shall have until Monday or the day immediately following the holiday to correct, cure, or abate a violation before a summons can be issued.
D. 
In addition to all other penalties outlined herein, enforcement officials are authorized to issue a summons for a violator's appearance in municipal court and/or have the obstructing vehicle or trailer towed at the owner's cost.
E. 
The following municipal officials of the Township of Cinnaminson shall have the authority to enforce the provisions of this chapter: Township Police.