[Ord. #2008]
Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in Subtitle I of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.
Editor's Note: Prior ordinances codified in Chapter VII include Ordinance Nos. 1424, § 17; 1427, 1452, 1453, 1460, 1486, 1505, 1588, 1616, 1625, 1647, 1664, 1718, 1735, 1753, 1756, 1766, 1773, 1784, 1791, 1801, 1817, 1822, 1829, 1845, 1857, 1861, 1888, 1920, 1931, 1936, 1939, 1942, 1971 and 1979. Ordinance No. 2008 completely revised Chapter VII, Traffic on November 10, 1986. Subsequent amendments are noted within the text. Amendments to schedules after June 2017 may be found in the schedules in Chapter 7.1.
See Chapter IV, Section 4-13 for regulation of tow truck operations.
Chapter VII, Traffic, received approval from the New Jersey Department of Transportation on March 5, 1987.
[Ord. #2008]
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 in the township.
[Ord. #2008]
a.
The director of the department of public safety, or in his absence, disability or inability to act, the mayor and in the event of his absence, disability or inability to act, then the chief of police of the Township of Lyndhurst 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 during specified hours on any day or days whenever he finds that such closing is necessary for the preservation of the public safety, health or welfare.
b.
Any regulations promulgated by the director of the department of public safety under, and in accordance with paragraph a above, shall provide for the posting of proper warnings signs of such closing in any street or portion thereof during the time the same is closed in pursuance thereof.
c.
Any violation of this section or of any regulation promulgated thereunder shall be punished by a fine not to exceed $50.
d.
Any regulation adopted under this section 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 transportation of the department of transportation.
[Added 6-11-2019 by Ord. No. 3025-19]
a.
Pursuant to N.J.S.A. 40:67-16.9, the following portions of the streets shall be closed to the use of through vehicular traffic, between the specified hours, when the schools adjoining such streets are in session:
Name of Street | Boundaries | School | Times |
|---|---|---|---|
Fern Avenue | From Stuyvesant Avenue to Livingston Avenue | Franklin | 7:45 a.m. to 8:45 a.m., 2:30 p.m. to 3:30 p.m. |
Fifth Street | Fifth Street at Summer Avenue to go north | Washington | 8:00 a.m. to 9:00 a.m. |
Lake Avenue | Lake Avenue at Delafield Avenue to go west | Jefferson | 7:30 a.m. to 8:30 a.m. |
Lake Avenue | Lake Avenue at Summit Avenue to go west | Columbus | 2:30 p.m. to 3:30 p.m. |
Second Avenue | Second Avenue at Stuyvesant Avenue to go east | Memorial Campus | 7:30 a.m. to 8:30 a.m., 2:30 p.m. to 3:30 p.m. |
b.
Violation of this subsection shall be punishable pursuant to N.J.S.A. 39:4-215.
[Ord. #2008]
Vehicles over the registered gross weight designated in Schedule I of Chapter 7.1, § 7.1-1, are hereby excluded from the streets or parts of streets described in Schedule I, except for the pickup and delivery of materials on such streets. Schedule I is being attached hereto and made a part of this chapter.
[Ord. #2008]
[Ord. #2008; Ord. #2025, § I]
Pursuant to N.J.S.A. 40:67-16.1 the streets or parts of streets as described in Schedule III of Chapter 7.1, § 7.1-3, are hereby designated as Route for Vehicles Over Four Tons. All trucks having a total combined registered gross weight of vehicle plus load in excess of four tons shall be excluded from all streets, except from those streets which form a part of the system of truck routes. Vehicles will be permitted on all streets for the purpose of pickup and delivery of materials.
[Ord. #2008]
The provision 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, 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.
[Ord. #2008]
a.
Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary EMERGENCY NO PARKING signs are displayed. The chief of police or, in his 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 the 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.
b.
Any unoccupied vehicle parked or standing in violation of this subsection shall be deemed a nuisance and menace to the safe and proper regulations of traffic and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
c.
The effectiveness of this subsection is contingent upon the signs being erected as required by law.
[Ord. #2008; Ord. #2050, § I; Ord. #2134, § I; Ord. #2153, § I; Ord. #2375, § I; Ord. # 2407, § I; Ord. #2476, § I; Ord. #2496, § I; Ord. #2632, § 1; Ord. #2650, § 1; Ord. #2705, § 1; Ord. #2775, §§ 1, 2; Ord. #2778, § 2; Ord. #2827-11, § 3; Ord. #2870-12, § 3; Ord. #2879-13, §§ 2,3; Ord. #2883-13, § 3; Ord. #2884-13, § 1; Ord. #2894-13 § 1; Ord. #2900-14 §§ 3, 4; Ord. #2904-14 § 1; Ord. #2909-14 § 1; Ord. No. 2943-16; Ord. No. 2952-16; Ord. No. 2965-17]
[Ord. #2008; Ord. #2020, § II; Ord. #2021, § I; Ord. #2025, §§ II, III; Ord. #2050, § II; Ord. #2074, § I; Ord. #2181, § 1; Ord. #2209, § I; Ord. #2217, § I; Ord. #2240, § I; Ord. #2632, § 2; Ord. #2635, § 1; Ord. #2645, § 1; Ord. #2651, § 1; Ord. #2692, § 1; Ord. #2705, § 2; Ord. #2724, § 1; Ord. #2870-12, §§ 3, 4; Ord. #2874-12, § 4; Ord. #2879 § 1; Ord. #2900-14 §§ 5,6; Ord. #2907-14 §§ 3, 4; Ord. #2909-14 § 2; Ord. No. 2917-15 § 1; Ord. No. 2918-15 § 2; Ord. No. 2926-16 § 2]
[Ord. #2008; Ord. #2020, § I; Ord. #2025, § IV; Ord. #2032, § I; Ord. #2036, § I; Ord. #2134, § I; Ord. #2591, § 1; Ord. #2705, § 3; Ord. #2827-11, § 4; amended 2-14-2023 by Ord. No. 3137-23]
[Ord. #2008; Ord. #2025, § V; Ord. #2152, § I; Ord. #2163, § I; Ord. #2611, § 1; Ord. #2224, § I; Ord. #2288, § I; Ord. #2375, § II; Ord. #2382, § I; Ord. #2611, § 1; Ord. #2668, § 1; Ord. #2879-13, §§ 5,6; Ord. #2884-13, § 2; Ord. #2900-14 §§ 7,8; Ord. No. 2930-16 § 2; amended 6-11-2019 by Ord. No. 3027-19]
b.
No person shall park a vehicle for longer than the time limit shown in Schedule VII, Subsection b, at any time between the hours listed in Schedule VII of any day (except Saturdays, Sundays and public holidays) upon any of the streets or parts of streets described in Schedule VII of Chapter 7.1, § 7.1-7.
[Ord. #2008; Ord. #2030, § I; Ord. #2098, § I; Ord. #2325, § I; Ord. #2429, § I; Ord. #2454, § I; Ord. #2673, § 1; Ord. #2681, § 2; Ord. #2759, §§ 2, 3; Ord. #2827-11, § 5; Ord. #2874-12, § 5; Ord. No. 2918-15 § 3]
[Ord. #2008]
No person shall park or leave a vehicle on a highway, or public property within the township, so as to occupy more than one marked or designated parking space or stall.
a.
The effectiveness of this subsection is contingent upon the signs being erected as required by law.
[Ord. #2768, § 1]
No person shall cause or permit a taxicab, as defined in Section 15-2 of the Township of Lyndhurst Ordinances, to be parked upon any street in the township between the hours of 10:00 p.m. to 6:00 a.m.
[Ord. #2886-13]
The establishment of zones, to be known as "angle parking zones," permitting the 90°-angle parking of motor vehicles within delineated parking stall lines on streets, as described in Schedule XXVII of Chapter 7.1, § 7.1-27, except in those areas where parking would otherwise be prohibited by state statute or township ordinance, is hereby authorized.
[Added 7-12-2022 by Ord. No. 3122-22]
No person shall park a trailer, container or unit detached from a tractor, semitrailer, trailer, cab unit or any other vehicle upon any public street or public property while it is detached from said unit. Any such occurrence is subject to impoundment of the trailer, container or unit and penalty. A schedule of fees for a violation of this provision can be found in Schedule 7.1-25, § 7.1-25. Any impound and/or storage fees are the responsibility of the registered owner of the trailer, container or unit.
[Ord. #2008; Ord. #2030, § II; Ord. #2091, § I; Ord. #2131, § I; Ord. #2151, § I; Ord. #2158, §§ I, II; Ord. #2190, § I; Ord. #2197, § 1; Ord. #2226, § I; Ord. #2249, § I; Ord. #2251, § I; Ord. #2264, § I; Ord. #2383, §§ I, II; Ord. #2405, § I; Ord. #2446, § I; Ord. #2602, § I; Ord. #2617, § 1; Ord. #2619, § 1; Ord. #2623, § 1; Ord. #2630, § 1; Ord. #2631, § 1; Ord. #2641, § 1; Ord. #2650, § 1; Ord. #2667, § 1; Ord. #2672, § 1; Ord. #2677, § 1; Ord. #2687, § 1; Ord. No. 2691, § 1; Ord. #2691, § b 1; Ord. #2704, §§ 1,2; Ord. #2721, § 1; Ord. #2725, § 1; Ord. #2732, §§ 1,2; Ord. #2734, § 1; Ord. #2753, §§ 1, 2; Ord. #2759, § 1; Ord. #2763, §§ 1, 2; Ord. #2767, § 1; Ord. #2786; Ord. #2789-11; Ord. #2792-11, §§ 1, 2; Ord. #2798-11, §§ 1, 2; Ord. #2807-11, §§ 1, 2; Ord. #2816-11, §§ 1, 2; Ord. #2824-11, §§ 1, 2; Ord. #2827-11, §§ 1, 2; Ord. #2830-11, § 1; Ord. #2831-11; Ord. #2834-12; Ord. #2842-12; Ord. #2847-12; Ord. #2860-12, § 1; Ord. #2866-12, § 1; Ord. #2870-12, § 1, 2; Ord. #2874-12, §§ 1, 2; Ord. #2879-13, § 1; Ord. #2883-13, §§ 1,2; Ord. #2884-13, §§ 3,4; Ord. #2900-14, §§ 1,2; Ord. #2907-14 §§ 1, 2; Ord. #2909-14 §§ 3, 4; Ord. #2912-15 §§ 1, 2; Ord. No. 2917-15 § 2; Ord. No. 2918-15 § 1; Ord. No. 2921-15; Ord. No. 2922-15; Ord. No. 2924-15; Ord. No. 2926-16 § 1; Ord. No. 2930-16 § 1; Ord. No. 2935-16; Ord. No. 2949-16; Ord. No. 2951-16; Ord. No. 2955-16 § 1; Ord. No. 2958-17; Ord. No. 2961-17; Ord. No. 2966-17; 11-9-2021 by Ord. No. 3094-21]
In accordance with the provisions of N.J.S.A. 39:4-197, the following on street locations as shown in Schedule IX-A of Chapter 7.1, § 7.1-9A, 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 Motor Vehicle Commission, or a temporary placard issued by the chief of police. No other person shall be permitted to park in these spaces.
a.
The Township of Lyndhurst may, for good cause shown, by ordinance, establish a restricted parking zone in front of a residence occupied by a disabled person provided that such parking is not otherwise prohibited and does not interfere with the normal flow of traffic or, in the discretion of the Town, would create a shortage of on-street parking for nonhandicapped residents.
b.
A restricted parking zone will only be established if a windshield placard or wheelchair symbol license plates have been issued for a vehicle owned by the disabled person, or by another occupant of the residence who is a member of the immediate family of the disabled person, by the New Jersey Motor Vehicle Commission pursuant to the provisions of N.J.S.A. 39:4-204 et seq.
c.
A restricted parking zone will be issued to persons who can prove ownership and operation of the motor vehicle and residency at the location where the restricted parking zone will be established.
d.
Where the applicant seeking the establishment of a restricted parking zone, transports themselves, in addition to the requirements of Subsections a through c, the applicant must establish all of the following criteria:
1.
They are a disabled person as defined in this section;
2.
The parking conditions in the disabled person's neighborhood warrant a restricted parking space near the disabled person's residence; and
3.
The disabled person does not have the use of a driveway, carport, garage or off-street space available and sufficient (in size) to use for parking their vehicle on the tax lot on which the disabled person resides or is within 100 feet of the perimeter of that tax lot. An off-street space shall be deemed available if the applicant is an owner (or a family member of the owner) of the tax lot containing the off-street parking. If the disabled person is not an owner (or a family member of the owner) of the tax lot on which he or she resides, then off-street parking shall be deemed available unless the landlord certifies that all off-street parking is used for other occupants.
e.
Where the applicant seeking the establishment of a restricted parking zone is transported by another person, in addition to the requirements of Subsections a through c, the applicant must establish all of the following criteria:
1.
That the person transported is a disabled person as defined in this section;
2.
The disabled person is transported at least four times per week from the residence;
3.
The disabled person's disability is such that it would preclude the disabled person from waiting on the sidewalk, or other area near the residence, until the nondisabled driver arrives with the vehicle or finds parking for the vehicle near the residence;
4.
The parking conditions in the disabled person's neighborhood warrant a restricted parking space near the disabled person's residence; and
5.
The person transporting the disabled person is i) a family member who resides the same building; or ii) a licensed health care worker who resides in the same housing unit as the disabled person.
f.
The term "disabled person" means any person who has lost the use of one or more lower limbs as a consequence of paralysis, amputation, or other permanent disability or who is permanently disabled as to be unable to ambulate without the aid of an assistance device or whose ambulation is otherwise severely limited. In any case, the severity of the mobility disability shall be similar to or approximate disablement by reason of amputation.
A disability must fall into one of the following categories:
1.
The person is so severely permanently disabled, as to be unable to be mobile without the aid of mechanical device, such as a wheelchair, walker, crutches or leg brace(s).
2.
The person suffers from any respiratory disease or ailment, as determined by the person's physician, after consideration of the extent that the Arterial PO2 is less than 60 mmHg, the Forced Vital Capacity (FVC) is less than 50% of the predicted value, the Forced Expiratory Volume is 1 second (FEV1) is less than 40% of the actual value when measured in liters by a Spiro meter based on predicated normal values for the individual's sex, age and height, as set forth in the "American Medical Association: Guide to the Evaluation of Permanent Impairment" 2nd ed. Chicago, American Medical Association, 1984, or as revised or amended.
3.
The person has a cardiac condition to the extent that this person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association.
4.
The person is severely or permanently limited in the ability to walk because of a brain injury or neurological condition.
g.
Application for a restricted parking zone shall be made in accordance with the following:
1.
Applications for a restricted parking zone shall be sent to the Lyndhurst Police Department.
4.
Application and physician evaluation forms will be made available by Lyndhurst Police Department; and
5.
After the Lyndhurst Police Department reviews the application and finds that all required submissions have been made, the Police Department will survey the parking area in question to determine whether it is a location that can be designated as a restricted parking zone.
6.
Approved applications shall be sent to the Town Clerk for the creation of the restricted space by ordinance.
h.
If the Lyndhurst Police Department determines that all requirements have been met, and the parking zone is suitable as a restricted parking zone, the applicant's address will be submitted to the Board of Commissioners so that a restricted parking zone may be created by ordinance.
i.
If the Lyndhurst Police Department determines that the applicant has failed to meet all the requirements of this subsection, or that the proposed restricted parking space is not suitable for a restricted parking designation, then the applicant will receive a written denial stating the reasons for the denial.
j.
Any applicant denied a restricted parking zone shall have the opportunity to request reconsideration of such decision. A letter requesting reconsideration must be received by the Lyndhurst Police Department within 20 days after the date of the notice of denial. The letter shall set forth the facts or other relevant materials that the applicant believes were not considered by the Lyndhurst Police Department. The applicant will be notified in writing by mail of the decision on reconsideration. No more than one reconsideration will be given for each application. Thereafter, the applicant may reapply in accordance with this subsection after one year has elapsed since the date of the original denial, or denial after reconsideration, whichever is later.
k.
If the Board of Commissioners passes an ordinance creating a restricted parking zone, the Police Department shall establish a restricted parking zone as designated in the ordinance. No restricted parking zones, other than those granted by the Police Department in emergencies, shall be approved except in the manner provided in this subsection.
l.
Restricted parking zones shall be valid for one year and shall be renewed thereafter by the submission of a new application in accordance with this subsection. A restricted parking zone may be reviewed earlier if conditions concerning the applicant change.
m.
All restricted parking zones and permits existing at the time this subsection is passed will remain valid; subject, however, to the renewal provisions set forth in Subsection l.
n.
A person for whom a restricted parking space is issued shall notify the Police Department if they will be out of town for more than 30 consecutive days, which notice shall include the dates that they will be out of town (the "temporary nonuse period").
o.
Dual residency will not be eligible.
1.
The Police Department shall have the right to temporarily remove signs and street markings during the temporary nonuse period. The vehicle for which the restricted parking permit was issued shall not be kept in the restricted parking space during the temporary nonuse period.
2.
Failure to notify the Police Department pursuant to this section shall be grounds for nonrenewal of the handicapped parking permit.
p.
Notification to Police Department of restricted parking spaces that are no longer needed.
1.
A person or family member for whom a restricted parking space is issued shall notify the Police Department immediately if the individual to whom that space was issued is no longer in need of such space.
2.
Failure to notify the Police Department in a timely manner shall give the Township the right to remove the sign and street markings, if any exist.
3.
Once a restricted parking space is no longer needed by the individual to whom the space was issued, the vehicle for which the restricted parking space was issued shall not be kept in the restricted parking space.
4.
If the Police Department has reason to believe that a restricted parking space is no longer needed by the individual to whom the space was issued and are unable to confirm that fact, the Township reserves the right to remove said restricted space after 30 consecutive days of nonuse.
5.
If a restricted parking space is no longer needed by the individual to whom the space was issued and another individual who resides at the same address is in need of a restricted parking space, that person must apply for a restricted parking space in compliance with this section.
[Ord. #2008; Ord. #2687, § 2; Ord. #2691, § 2; Ord. #2704, § 3; Ord. #2752, § 1; Ord. #244-12; Ord. #2909-14 §§ 5, 6]
In accordance with the provisions of N.J.S.A. 39:4-197, the following off-street municipal parking yards and board of education property as shown in Schedule IX-B of Chapter 7.1, § 7.1-9B, are designated as Handicapped Parking Areas. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the chief of police.
No other person shall be permitted to park in these spaces.
[Ord. #2008]
In accordance with the provisions of N.J.S.A. 40:48-2.46, the following off-street parking yards as shown in Schedule IX-C of Chapter 7.1, § 7.1-9C, are designated as Handicapped Parking Areas. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Motor Vehicle Commission or a temporary placard issued by the chief of police. No other person shall be permitted to park in these spaces.
[Ord. #2008]
In accordance with the provisions of N.J.S.A. 39:5A-1, the following off-street parking yards as shown in Schedule IX-D of Chapter 7.1, § 7.1-9D, are designated as Handicapped Parking Areas. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Motor Vehicle Commission, or a temporary placard issued by the chief of police. No other person shall be permitted to park in these spaces.
[Ord. #2008]
The owners of the premises referred to in subsections 7-6.3 and 7-6.4 shall provide and install signs and pavement markings for each parking space reserved for use by handicapped persons, which signing and markings shall be in accordance with the Manual on Uniform Traffic Control Devices. The cost of procurement and installation of the signs and pavement markings shall be the responsibility of the owner of the 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 township. The owner shall be responsible for the repair and restoration or replacement of same.
[Ord. #2008; Ord. #2376, § I; Ord. #2407, § II; Ord. #2705, § 4; Ord. #2778, § 1; Ord. No. 2917-15 § 3]
b.
A vehicle with a permit may only be parked in designated area during the time and days specified in Schedule X, § 7.1-10.
c.
The permit shall be in the form of a sticker prepared by the Lyndhurst police department, and it shall set forth information contained in the application, and it shall be placed in the rear window.
d.
Any vehicle parked in violation of this subsection 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.
e.
No vehicle shall be allowed to stand unmoved for a period exceeding 48 hours.
[Ord. #2008; Ord. #2227, § I; Ord. #2280, § I; Ord. #2606, § 1]
a.
The provisions of Section 7-7 apply to all registered passenger vehicles or commercial vehicles of 6,000 pounds or less.
b.
The application for a permit shall be made on a form prepared by the township police department, and it shall set forth the name and address of the owner of the vehicle for which the permit is to be issued together with the make and license number of the vehicle. The permit may be transferred to another vehicle owned by the applicant.
c.
The fee for a permit for parking in the lot is hereby established at $250 per year, there shall be no refunds or prorating.
d.
The permit shall be effective from July 1 through June 30 of the following year and may be obtained from the township police department.
e.
The permit shall be issued on a first come first served basis with a preference for Lyndhurst residents, who file prior to October 31 of the permit year.
[Ord. #2008; Ord. #2155, § I; Ord. #2220, § I; Ord. #2229, § I; Ord. #2304, § I; Ord. #2312, § I; Ord. #2317, § I; Ord. #2396, § I; Ord. #2644, § 1; Ord. #2651, § 2; Ord. #2686, § 1; Ord. #2883-13, § 4; Ord. #2884-13, § 5; Ord. #2894-13, § 2]
[Ord. #2008; Ord. #2025, §§ VI, VII]
Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described in Schedule XII of Chapter 7.1, § 7.1-12, 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 designations.
[Ord. #2008]
The traffic signal installation shall be in accordance with the provisions of An Act Concerning Motor Vehicles and Traffic Regulations, Subtitle 1 of Title 39 of the N.J.S.A. and shall conform to the design and shall be maintained in operation as authorized by the state department of transportation.
[Ord. #2707, § 1]
The installation and utilization of an automated traffic control signal monitoring system pursuant to the Red Light Running (RLR) Automated Enforcement pilot program enacted under Assembly Bill 4314, subject to the provisions of Subtitle 1 of Title 39 of the New Jersey statutes, is hereby authorized at the following locations:
Location |
Ridge Road and Valley Brook Avenue |
Orient Way and Valley Brook Avenue |
Ridge Road and Kingsland Avenue |
Kingsland Avenue and Riverside Avenue |
[Ord. #2008; Ord. #2650, § 3; Ord. #2750, § 1]
No person shall park a vehicle in said locations during the times indicated other than for the loading or unloading of passengers, goods and materials.
[Ord. #2008; Ord. #2014, § I; Ord. #2015, § I; Ord. #2037, §§ I-III; Ord. #2044, § I; Ord. #2193, § I; Res. of 5-11-1999; Ord. #2437, § I; Ord. #2488, § I; Ord. #2535, § 1; Ord. #2661, § 1; Ord. #2698, § 1; Ord. #2754, § 1; Ord. #2775; Ord. #2893-13]
[Ord. #2008; Ord. #2759, § 4]
No vehicle other than an omnibus, picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.
[Ord. #2008]
No vehicle other than a taxi shall be permitted to occupy said locations during the times indicated.
[Ord. #2008; Ord. #2852-12; Ord. #2950-16]
In accordance with the provisions of N.J.S.A. 39:4-197, the following municipal and board of education property, as shown in Schedule XXIII-A of Chapter 7.1, § 7.1-23A, 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.
[Ord. #2008]
In accordance with the provisions of N.J.S.A. 40:48-2.46, the following private property that is open to the public and to which the public is invited, as shown in Schedule XXIII-B of Chapter 7.1 § 7.1-23B, shall have the movement of traffic controlled by the type of regulations indicated. No person shall operate or park a vehicle in violation of the regulations.
[Ord. #2008]
The owners of the premises referred to in subsections 17-18.2 and 17-18.3 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. The cost of procurement and installation of the signs and pavement markings shall be the responsibility of the owner of the property. The owner shall subsequently, to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the township. The owner shall be responsible for the repair and restoration or replacement of same.
[Ord. #2008; Ord. #2025, § X; Ord. #2209, § II; Ord. #2240, § II; Ord. #2792-11, § 3; Ord. #2912-15; Ord. No. 2917-15 § 4; Ord. No. 2959-17]
a.
Whenever snow has fallen and the accumulation is such that it covers the streets or highway, an emergency shall exist and no vehicle shall be parked on the streets or highways or portion thereof indicated in Schedule XXIV of Chapter 7.1, § 7.1-24.
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.
b.
Any unoccupied vehicle 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. The owner shall pay the reasonable costs of the removal and storage which may result from such removal and storage before regaining possession of the vehicle.
c.
Effectiveness of this section is contingent on signs being erected as required by law.
Editor’s Note: The provisions of Ordinance No. 2009 codified in this Section 7-20 supersede the provisions of Ordinance Nos. 2008 and 1979 in their entirety.
[Ord. #2009, § 1; Ord. #2801-11]
a.
No property owner shall be allowed to use waste, refuse or storage containers, commonly known as a dumpster, roll-off dumpster, roll-off container, or portable on demand storage container ("POD") on or along any roadway or public property within the Township of Lyndhurst, New Jersey without first obtaining a permit from the police department and completing an application form.
b.
The permit shall be valid and remain in effect for a period of not more than 72 hours, but may be renewed upon application through the police department. The initial fee for the permit shall be $15 with renewals costing $5 per day. The application form is attached hereto and made part hereof.
c.
The fee shall be paid directly to the Lyndhurst Tax Office which in turn will give the applicant a receipted application form which must then be presented to the police department for approval. The permit shall be retained by the police department.
[Ord. #2751, § 1]
a.
Any person, business entity or political subdivision of the State of New Jersey who or which controls, whether owned, leased, or operated, a refuse container or dumpster in the Township of Lyndhurst must ensure that such container or dumpster is covered at all times and shall prevent refuse from spilling out or overflowing, and that such container or dumpster does not leak or otherwise discharge liquids, semi-liquids or solids to the municipal separate stormwater sewer system operated by the township.
b.
Exceptions to the covering of such refuse containers or dumpsters are as follows: (i) permitted temporary demolition container; (ii) litter receptacles (other than dumpsters or other bulk containers); (iii) large bulky items such as furniture, bound carpeting and white metal goods placed curbside for pickup.
[Ord. #2009, § II; Ord. #2751, § 1; Ord. #2801-11]
a.
To warn the operators of vehicles of the presence of a traffic hazard requiring the exercise of unusual care, the owner of any dumpster, roll-off dumpster, roll-off container or POD, shall not cause such containers or dumpsters to be parked or left unattended on or along any roadway in the township without first providing for the proper illumination of same as set forth below.
b.
Type of Illumination.
1.
Any dumpster, roll-off dumpster, roll-off container or POD shall be equipped with, and display during times when lighted lamps are required either flashing lights and/or reflectors. The lights and/or reflectors shall be of a type approved by the director of the Motor Vehicle Commission; at least two of the lights and/or reflectors shall be permanently mounted on each side of the dumpsters, facing approaching and opposing traffic. Such lights and/or reflectors shall be mounted at the same level and as widely spaced laterally as practical. The mounted height of lights or reflectors shall not be less than 20 inches nor more than 60 inches, as measured from the surface of the roadway to the center of the reflectors. Every reflector or light shall be installed in a workmanlike manner, as to perform its function adequately and to provide maximum stability and minimum likelihood of damage.
2.
When lights are used, they shall be of the flashing type, and shall display simultaneously flashing yellow or amber lights, or any shade of color between yellow or amber. Reflectors must be of a type approved as meeting the standards of the Society of Automotive Engineers for "Class A" type reflectors. Warning lights and/or reflectors shall be visible from a distance of not less than 500 feet at any time when lighted lamps are required.
3.
The exclusive use of reflective tape is prohibited. Reflective tape may be used to augment or supplement lights and/or reflectors.
4.
In the event such a container is not equipped with a permanently fixed light or reflector as provided above, then the use of Type I Barricade as described in the Manual on Uniform Traffic Control Devices shall be permitted. Such barricade must be of a reflective type, and be equipped with warning lights as described above. These barricades shall be spaced in the same manner as above.
c.
No waste or refuse containers or storage containers, commonly known as a dumpster, roll-off dumpster, roll-off container or POD shall remain on or along any roadway or public property within the Township of Lyndhurst in excess of 30 days.
[Ord. #2009, § III; Ord. #2751, § 1; Ord. #2801-11]
a.
Dumpsters, roll-off dumpsters, roll-off containers and PODs shall not be located within 15 feet of any building or structure. Relief from this requirement shall be obtained by application to the fire official in writing. The basis for relief may be, but not limited to the following: 1) parking needs; 2) traffic flow; 3) fire safety considerations; 4) type of dumpster construction.
b.
No dumpster, roll-off dumpster, roll-off container or POD shall remain on the property of a private residence within the Township of Lyndhurst, in excess of 30 days.
[Ord. #2009, § IV; Ord. #2751, § 1; Ord. #2801-11]
Any dumpster, roll-off dumpster, roll-off container or POD left parked upon any roadway within the township shall be subject to inspection by the traffic division of the police department. Any dumpster or container not found to conform with the permit and illumination requirements stated above, or that is parked or left in such a position or state, so as to create an immediate traffic hazard shall be considered a violation of this section and shall be moved immediately by the owner of the dumpster or container, at the police department's direction. If the owner does not immediately comply and the police department determines that the dumpster or container creates an immediate traffic hazard it may be removed by the police at the owner's expense.
[Ord. #2009, § V; Ord. #2751, § 1]
Unless another penalty is provided by New Jersey statute, every person convicted of a violation of a provision of this section or any supplement thereto, shall be liable to a penalty of not more than $100.
[Ord. #2008; Ord. #2202, § I]
The Township of Lyndhurst declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations, and utility work, above or below ground, which requires blocking the roadway and obstructing the normal flow of traffic; and that such obstructions are or can become dangerous when not properly controlled. In order to better promote the public health, safety, peace and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of traffic through construction and maintenance zones, and to provide safety for the work forces performing these operations.
The Township of Lyndhurst in the County of Bergen, State of New Jersey, does hereby adopt the most current Manual on Uniform Traffic Control Devices as printed by the Federal Highway Administration hereinafter known as M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor, or utility, who fails to comply with the provisions of M.U.T.C.D. while performing such work is in violation of this section. Any future amendments to the M.U.T.C.D. are also adopted.
It shall be the responsibility of the person, contractor, or utility to replace all street markings to include crosswalks, stop lines and yellow curbs and no passing zone lines. Also, to replace street signs to include all regulatory signs, cautionary signs and Township Ord. signs, etc.
[Ord. #2008]
It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, Section 16:25-9.2, wishing to conduct work on, under or above the roadway to contact the Traffic Bureau of the Lyndhurst Police Department in order to arrange a preconstruction meeting in order to submit plans for the safe movement of traffic during such period of construction of work. Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by the traffic bureau of the police department is in violation of this section.
[Ord. #2008]
The person, contractor or utility shall provide the traffic bureau with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If, for any reason emergency contacts cannot be reached, or if the emergency contact person does not respond to a call from the police department to correct a hazardous condition, the township may respond to correct such hazardous condition. The reasonable fees for such emergency services by the township shall be charged to the person, contractor or utility responsible for such condition.
[Ord. #2008]
There shall be no construction, maintenance operations or utility work on any roadway in the township before the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the traffic bureau of the police department. If it is determined by the officer in charge of the Lyndhurst Police Traffic Bureau that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard the work shall then be permitted only between 9:00 a.m. and 4:00 p.m.
[Ord. #2008]
Road closings or traffic detours shall not be permitted unless approved by the Lyndhurst Police Traffic Bureau.
[Ord. #2008]
Traffic directors shall be posted at all construction or maintenance sites, when determined by the Lyndhurst Police Traffic Bureau that same is necessary to provide for the safety and expeditious movement of traffic.
[Ord. #2008]
The traffic bureau of the police department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section. Any delays caused by the contractor shall be at his expense.
[Ord. #2008]
Any person, contractor or utility who commits a violation of Section 7-21 et seq. shall, upon conviction thereof for a first offense pay a fine of not less than $100 nor more than $500 and/or imprisoned in the county jail for a term not exceeding 90 days. For a second offense, upon conviction thereof, pay a fine of not less than $250 and/or be imprisoned in the county jail for a term not exceeding 90 days. For a third or subsequent conviction pay a fine of not less than $500 and/or be imprisoned in the county jail for a term not exceeding 90 days.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Ord. #2801-11]
Shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of an motor vehicle which results in excessive loud unusual or explosive noise from such vehicle.
[Ord. #2801-11]
It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any roadway within the Township of Lyndhurst, any mechanical exhaust or decompression device which results in a practice known as "engine-braking."
[Ord. #2801-11]
The provisions of this section shall not apply to engine braking where necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as engine-braking, which is effectively muffled or if the application is necessary for the health, safety and welfare of the community is exempt from the provisions of this section. Sounds created by emergency equipment for emergency purposes are also exempt.
[Ord. #2801-11]
The township is hereby authorized to post signs at reasonable locations within the township indicating the prohibition of the practice of engine-braking.
[Ord. #2801-11]
Unless another penalty is expressly provided by New Jersey Statute, any person convicted of a violation of this Section 7-22 shall be punished for a first conviction thereof by a fine of not more than $100 or by imprisonment for a period not to exceed 10 days, or by both such fine and imprisonment; for a second such conviction, such person shall be punished by a fine of not more than $200 or by imprisonment for a period of not to exceed 20 days, or by both such fine and imprisonment; and upon the third or any subsequent conviction, such person shall be punished by a fine of not more than $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.
[Ord. #2008; Ord. #2031, § I; Ord. #2180, § I; Ord. #2228, § I; Ord. #2328, § I; Ord. #2497, § I; Ord. #2514, § I; Ord. #2584; Ord. #2768, § I; Ord. #2801-11]
Unless another penalty is expressly provided by New Jersey Statute, this chapter or shown in Schedule XXV of Chapter 7.1, § 7.1-25, 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 $50 and/or imprisonment in the county jail for a term not exceeding 90 days.
[Ord. #2008; Ord. #2801-11]
All former traffic ordinances of the Township of Lyndhurst covered in this traffic chapter are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter.