[Adopted 10-17-2016 by Ord. No. 2016-2]
The purpose of this article is to provide a system to declare
and notify persons of snow emergencies and enforce the provisions
for same. Without such provisions, vehicles remain parked on Township
streets, impairing effective plowing and snow and ice removal. Consequently,
potential hazards are created by unplowed snow and untreated ice.
As used in this article, the following words shall have the
following meanings:
The Township Administrator of the Township of Cinnaminson
or the Administrator's designee.
Shall have the same meaning as defined in N.J.S.A. 39:1-1,
as the same may be modified or amended from time to time.
The Administrator shall declare a snow emergency when the Administrator
finds, on the basis of falling snow, sleet, freezing rain or on the
basis of a forecast by the United States weather bureau or on the
basis of any other weather service, that weather conditions will make
it necessary for motor vehicle traffic to be limited and for parking
on Township streets to be prohibited or restricted for snow plowing
or other purposes. The following parking regulations shall be in effect
during snow emergencies:
A.
Effective
time of snow emergency. A snow emergency shall take effect not earlier
than four hours after it is declared, except if a snow emergency is
declared after 8:00 p.m., enforcement of the same shall not take effect
until 8:00 a.m. the next day, unless otherwise indicated in the declaration.
B.
A snow emergency shall be in force for a minimum of 24 hours after taking effect unless canceled or changed under § 450-29 of this article.
C.
It shall
be unlawful for a person to park or leave any vehicle on a street
in the Township of Cinnaminson when a snow emergency has been declared.
D.
No motor
vehicle shall be parked in the front of driveways where doing so will
cause the vehicle to block an adjacent walkway or sidewalk or where
the vehicle extends into the street.
E.
Vehicles
which are disabled which block the roadway must be removed at the
owner's expense.
F.
The above
parking prohibitions shall remain in effect after the snow has ceased
until the streets have been plowed sufficiently and to the extent
that parking will not interfere with the normal flow of traffic.
A.
The Administrator
shall declare a snow emergency by written signed notice, filed with
the Municipal Clerk, stating the beginning and ending time for the
period of the snow emergency, which ending time shall be a minimum
of 24 hours after taking effect. If the office of the Municipal Clerk
is closed, the Administrator shall file such notice promptly when
the office next is open during normal business hours.
B.
The Administrator may cancel such declaration or change the beginning or ending time. Notice as provided in Subsection C of this section shall be given for such cancellations or changes.
C.
The Administrator
shall cause each declaration of a snow emergency to be publicly announced
by means of broadcast over the Township's auto-call system, posting
on the Township's website or other social media system and e-mailing
to those individuals who have requested to receive such notices via
e-mail. Failure to provide notice in all of the listed methods shall
not be a defense to an action for enforcement of this article.
D.
The notice
concerning the snow emergency declaration shall inform the public
when the snow emergency parking regulations for Township will be in
effect.
E.
The Administrator
may take such other actions to inform the public of the snow emergency
as appropriate.
Once in effect, the prohibition under this article shall remain
in effect until terminated by announcement of the Administrator in
a manner similar to the announcement of the snow emergency.
A.
Removal
of vehicles. 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 Township official or law
enforcement officer 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.
Any vehicle found to be parked where not permitted during a snow emergency
will be issued a notice of parking violation pursuant to this article
and towed to a place designated for the storage of impounded vehicles.
B.
Stalled
or disabled vehicles. Whenever a vehicle becomes stalled or disabled
for any reason, whether or not in violation of this chapter, on any
portion of any street to which the parking prohibition applies, the
person operating the vehicle shall take immediate actions to have
the vehicle towed or pushed off the street. No person shall abandon
or leave his or her vehicle in any street (regardless of whether the
person indicates, by raising the hood or otherwise, that the vehicle
is stalled), except for the purpose of securing assistance during
the actual time necessary to go to a nearby telephone or to a nearby
garage, automobile service station or other place of assistance and
return without delay.
A.
Any person
who violates this article is responsible for a civil infraction, punishable
by a fine not to exceed $100 for a first offense and a fine of $250
for a second or subsequent offense.
B.
Evidentiary
presumption relating to parking or leaving vehicle. In any proceeding
for a violation of this article relating to the parking or leaving
of a vehicle, proof that the particular vehicle described in the complaint
was parked or left in violation of this chapter, together with proof
that the respondent named in the complaint was, at the time of such
parking, the registered owner of such vehicle, shall constitute in
evidence a presumption that the registered owner of such vehicle was
the person who parked or left such vehicle at the location such violation
occurred.
C.
Impoundment
of vehicle. Any vehicle parked or left on any street in violation
of this article constitutes a public hazard and an obstruction of
traffic and may be towed and impounded immediately. No person may
recover any impounded vehicle without first paying the cost of removal
and storage, notwithstanding, and apart from, any fine which may also
be imposed for violation of this article.
