Borough of Avalon, NJ Traffic

[2000 Code § 8:1]

Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in Subtitle N.J.S.A. 39:1-1 et seq. shall be deemed to apply to such words and phrases used herein.

§ 8-1.2 Official Time Standard.

[2000 Code § 8:2]

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

§ 8-2 AUTHORIZATION FOR THE CLOSING OF ANY STREET.

[New]

The Chief of Police, 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 Chief of Police and 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 this regulation promulgated hereunder shall be punished by a fine not to exceed $50.

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.

§ 8-3 TOW-AWAY.

[New]

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 office 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.

§ 8-4 PENALTIES.

[N.J.S.A. 39:4-203 et seq.; 2000 Code § 8:15; amended 4-24-2019 by Ord. No. 788-2019]

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 prescribed by law or such penalty as established in § 1-5 of this Code.

§ 8-5 EFFECT OF ORDINANCE.

[New]

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.

§ 8-6 ENFORCEMENT.

[2000 Code § 8:17; New]

The provisions of this chapter shall be enforced by any law enforcement officer who is a member of the Avalon Police Department as well as by any other law enforcement officer having jurisdiction. In addition to the foregoing, certain provisions of this chapter shall be enforced by any sworn member of the Avalon Fire Police.

§ 8-7 TRAFFIC CONTROLS FOR STREET AND HIGHWAY CONSTRUCTION AND MAINTENANCE OPERATIONS FOR MUNICIPAL ROADS.

Traffic controls for street and highway construction and maintenance operations.

§ 8-7.1 Adoption of the "Manual on Uniform Traffic Control Devices for Streets and Highways."

[New]

The Borough Council finds and declares that problems of traffic control occur when traffic must be moved through or around street construction, maintenance operations and utility work, above or below the ground which requires blocking the street 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 and around construction and maintenance zones and to provide safety for the work forces performing these operations.

The Borough of Avalon; in the County of Cape May, State of New Jersey does hereby adopt the current Manual on Uniform Control Devices for Streets and Highways hereafter known as the 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 that fails to comply with the provisions of the M.U.T.C.D. while performing such work is in violation of this section.

§ 8-7.2 Preconstruction Meeting.

[New]

It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, wishing to conduct work on, under or above the street to contact the Police Department of the Borough of Avalon in order to arrange a pre-construction meeting and submit plans for the safe movement of traffic during such period of construction or 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 Police Department of the Borough of Avalon is in violation of this section.

§ 8-7.3 Emergency Contact Telephone Numbers.

[New]

The person, contractor or utility shall provide at least two (2) emergency contact telephone 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 contact must be made, or if the emergency contact person does not respond to a call from the Police Department to correct such hazardous condition, the Police Chief may respond to correct the hazardous condition(s). The reasonable fees for such emergency services by the Borough shall be charged to the person, contractor, or utility responsible for the condition.

§ 8-7.4 Hours.

[New]

There shall be no construction, maintenance, operations, or utility work on any roadway in the municipality before the hour of 9:00 a.m. or after 4:00 p.m. The Officer in charge of the Borough Police Department may adjust this time limit to permit work prior to 9:00 a.m. or after 4:00 p.m. If the officer in charge determines 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.

§ 8-7.5 Road Closing.

[New]

Road closing and/or traffic detours shall not be permitted unless approved by the Borough of Avalon Police Department.

§ 8-7.6 Traffic Directors.

[New]

Traffic directors shall be posted at all construction or maintenance sites when determined by the Police Department that same is necessary to provide for the safe and expeditious movement of traffic.

§ 8-7.7 Stop Work.

[New]

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, back filling of open excavations and/or related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.

§ 8-7.8 Site Preparation.

[New]

It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk or until all construction, signs, light devices and pavement markings are installed.

§ 8-7.9 Violations and Penalties.

[New]

Any person, contractor or utility who commits a violation of this section shall, upon conviction thereof for a first offense, pay a fine of not less than $100 nor more than $500 and/or be 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 tern not exceeding 90 days.

A separate offense shall be deemed committed on each day during or on which violation occurs or continues.

§ 8-8 PARKING.

§ 8-8.1 Regulations Not Exclusive.

[2000 Code § 8:4-1]

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.

§ 8-9 PARKING PROHIBITED DURING DECLARATION OF EMERGENCY.

[2000 Code § 8:3-1; § 8:3-2; § 8:3-3]

Upon the declaration of an emergency, there shall be no parking upon the 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 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.

§ 8-10 TEMPORARY PARKING PROHIBITION FOR SNOW PLOWING AND REMOVAL; PARKING RESTRICTION FOR ELECTRIC VEHICLES ONLY IN ELECTRIC VEHICLE CHARGING STATION.

[2000 Code § 8:3-4; § 8:3-5; amended 4-24-2019 by Ord. No. 785-2019]

§ 8-10.1 Snow Plowing; Removal of Vehicles.

Whenever snow 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 has ceased until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.

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 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.

Name of Street	Sides	Location
(Reserved)

§ 8-10.2 Parking Restriction for Electric Vehicles Only.

Parking in the location(s) hereinafter specified shall be limited and restricted to electric-powered vehicles only and then only during the time period when such vehicle is being recharged. Upon completion of the vehicle charging process, such vehicle shall be removed from the designated location.

Any vehicle parked or standing in violation of this section, including electric vehicles, shall be in violation hereof 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 before regaining possession of the vehicle.

The following stations or spaces for the charging of electric vehicles are hereby established:

Name of Street	Side and Location	Time Limits
Dune Drive	West side of Dune Drive at 30th Street and the northerlymost parking space in front of Avalon Police Building.	Parking restricted to electric vehicles only 24 hours per day daily. All nonelectric vehicles subject to being towed at owner's expense.
28th Street	In Borough Parking Lot between 28th and 29th Streets on the south side of 28th Street and located midway between Avalon Avenue and the Boardwalk.	Parking restricted to electric vehicles only 24 hours per day daily. All nonelectric vehicles subject to being towed at owner's expense.

§ 8-11 STOPPING OR STANDING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS.

[2000 Code § 8:4-4; Sch. IV]

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	Sides	Hours	Location
Ocean Drive (3rd Avenue)	East	All	From the northerly curbline of 30th Street to a point 150 feet north thereof
Ocean Drive (3rd Avenue)	East	All	From the southerly curbline of 8th Street to the northerly curbline of 13th Street
Ocean Drive (3rd Avenue)	East	All	From the southerly curbline of 30th Street to a point 300 feet south thereof
Ocean Drive (3rd Avenue)	West	All	From the southerly curbline of 30th Street to a point 200 feet north thereof
Ocean Drive (3rd Avenue)	West	All	From the southerly curbline of 30th Street to a point 130 feet south thereof
Ocean Drive (3rd Avenue)	West	All	From the southerly curbline of 8th Street to the northerly curbline of 12th Street
30th Street (2nd Avenue)	Both	All	From the westerly curbline of Dune Drive to a point 300 feet west from the westerly curbline of Ocean Drive (3rd Avenue)
39th Street	South	All	Beginning at a point 300 feet west of the westerly curbline of Dune Drive and extending westerly therefrom to Ocean Drive
42nd Street	Both	All	From the westerly curb of Ocean Drive to a point 73 feet westerly therefrom
42nd Street	Both	All	From the easterly side of Ocean Drive to a point 74 feet easterly therefrom

§ 8-12 PARKING TIME LIMITED ON CERTAIN STREETS.

[2000 Code § 8:4-5; Ord. No. 588-2007]

No person shall park a vehicle for longer than the time limit between the hours listed on any day upon any of the streets or parts of streets described.

Fifteen (15) Minute Limit.

Name of Street	Side	Time Limit	Location
Dune Drive	East	15 minutes between 8:00 a.m. and 5:00 p.m. Monday - Saturday	Starting 25 feet south from 32nd Street and continuing in a southerly direction for a distance of 74 feet
	West	15 minutes between 8:00 a.m. and 5:00 p.m. Monday - Friday	Starting 25 feet north of 32nd Street and continuing in a northerly direction for a distance of 102 feet
	West	15 minutes between 6:00 a.m. and 3:00 a.m.	Starting 51 feet south of 21st Street and continuing in a southerly direction for a distance of 12 feet (angled parking)
21st Street [Repealed 2-23-2022 by Ord. No. 833-2022]
32nd Street	South	15 minutes between 8:00 a.m. and 5:00 p.m. Monday - Saturday	Starting 35 feet east of Dune Drive (measured from the intersection of the extended easterly curbline of the mid-block parking area and the 32nd Street curbline) and continuing in an easterly direction for 45 feet

Two-Hour Limit.

Name of Street	Side	Time Limit	Location
Dune Drive	East	2 consecutive hours between 6:00 a.m. and 5:00 p.m. (effective May 15 through September 15)	All parking spaces between 20th Street and 33rd Street except for those spaces otherwise designated on this Schedule V as 15 minute parking and further excluding that portion of Dune Drive between 29th Street and 30th Street
	West	2 consecutive hours between 6:00 a.m. and 5:00 p.m. (effective May 15 through September 15)	All parking spaces between 20th Street and 33rd Street except for those spaces otherwise designated on this Schedule V as 15 minute parking
	Center	2 consecutive hours between 6:00 a.m. and 5:00 p.m. (effective May 15 through September 15)	Southbound parking in median between 20th Street and 21st Street
21st Street	Both	2 consecutive hours between 6:00 a.m. and 5:00 p.m. (effective May 15 through September 15)	All parking spaces between Dune Drive and Ocean Drive except for those spaces otherwise designated on this Schedule V as 15 minute parking

§ 8-13 PARKING PROHIBITED FOR STREET CLEANING.

[New]

No person shall cause or permit to be parked any motor vehicle upon any street between the specified hours and days described.

Name of Street	Sides	Hours and Days	Location
(Reserved)

§ 8-14 PARKING PROHIBITED.

§ 8-14.1 Parking Prohibited at All Times on Certain Streets.

[2000 Code § 8:4-2; Ord. No. 746-2016 § 2]

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

Name of Street	Side	Location
All streets that terminate at the beach	Both	From a point 50 feet westwardly from the easterly end of said streets at the beach
Avalon Avenue	East	From the southeasterly corner of Avalon Avenue and 30th Street southeastwardly to a point 120 feet south thereof
Barry Road	Both	Entire length
Bayberry Road [Amended 7-22-2020 by Ord. No. 808-2020]	East	Entire length
Evans Road	Both	Entire length
First Avenue	Both	From 7th Street to northerly terminus
Harbor Avenue and 24th Street	Both	Prohibited on a portion of Harbor Avenue and 24th Street along the curve connecting Harbor Avenue to 24th Street for a distance of 25 feet in each direction measured from the apex of the curve on both sides of the street
Lind Lane	Both	Entire length
Ocean Drive (3rd Avenue) [Repealed 7-22-2020 by Ord. No. 808-2020]
Ocean Drive (3rd Avenue) [Repealed 7-22-2020 by Ord. No. 808-2020]
Railroad Avenue [Ord. No. 746-2016 § 2]	West	Entire length of one way street between 32nd Street and 33rd Street
8th Street	Both	Westerly end of 8th Street for a distance of 100 feet easterly from its termination at the waterway, the measurement for the no parking beyond this point line to be made on the south side of the street
8th Street	Southwest	Between Ocean Drive (3rd Avenue) and the waterway
21st Street, between signs and at various other locations [Amended 7-28-2021 by Ord. No. 825-2021]	Northerly side of 21st Street in the 800 block	No parking between signs creating a "No Parking Zone" measuring 242 feet on 21st Street at the 21st Street Marina, Block 19.11 Lot 1. On-street parking shall be prohibited at other locations in the same street and shown and designed on a certain Plan entitled "ONSTREET PARKING EXHIBIT, 21st Street, Borough of Avalon, Cape May County, New Jersey prepared by Joseph H. Maffei, P.E. N.J.P.E. LIC #37894 dated 6/17/2021, revised 07/12/21," two signed and sealed copies of which have been filed with the Borough Clerk of the Borough of Avalon and remain of record in that office. A copy has also been filed with the Avalon Police Department and the Avalon Department of Public Works & Utilities. [Parking is prohibited on the entire north side of 21st Street in the 800 block except for 6 locations where parking is allowed as shown on the aforesaid plan.]
29th Street	Both	Between Avalon Avenue and the easterly street end
30th Street	Southeast	Southeastwardly from the southeasterly corner of Avalon Avenue and 30th Street to its termination of the beach
58th Street	North	From Dune Drive to the easterly end

Any unoccupied vehicle parking in violation of this restriction shall be deemed a nuisance and 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 before regaining possession of the vehicle.

§ 8-14.2 Places Where Parking Prohibited; Exceptions.

[N.J.S.A. 39:4-138; 2000 Code § 8:4-9]

Except when necessary to avoid conflict with other traffic or in compliance with the direction of a traffic or Police Officer or traffic sign or signal, no operator of a vehicle shall stand or park the vehicle in any of the following places:

Within an intersection;

On a crosswalk;

Between a safety zone and the adjacent curb or within at least 20 feet of a point on the curb immediately opposite the end of a safety zone;

In front of a public or private driveway;

Within 25 feet of the nearest crosswalk or side line of a street or intersecting highway, except at alleys and as provided in N.J.S.A. 39:4-138.6; or

Within 10 feet of the nearest crosswalk or side line of a street or intersecting highway, if a curb extension or bulbout has been constructed at that crosswalk;

On a sidewalk;

In any appropriately marked "No Parking" space established pursuant to the duly promulgated regulations of the Commissioner of Transportation;

Within 50 feet of a "stop" sign except as provided in N.J.S.A. 39:4-138.6;

Within 10 feet of a fire hydrant;

Within 50 feet of the nearest rail of a railroad crossing;

Within 20 feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of said entrance, when properly signposted;

Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic, when properly signposted;

On the roadway side of any vehicle stopped or parked at the edge or curb of a street;

Upon any bridge or other elevated structure upon a highway, or within a highway tunnel or underpass, or on the immediate approaches thereto except where space for parking is prohibited;

In any place on public or private property appropriately marked for vehicles for the physically handicapped pursuant to N.J.S.A. 39:4-197.5, N.J.S.A. 52:27D-119 et seq. or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle. State, County or municipal law enforcement officers or parking enforcement authority officers shall enforce the parking restrictions on spaces appropriately marked for vehicles for the physically handicapped on both public and private property.

No person shall move a vehicle not lawfully under his control into any such prohibited area or away from a curb such distance as is unlawful.

§ 8-15 PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN STREETS.

[2000 Code § 8:4-3]

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

Name of Street	Side	No Parking During Hours of	Location
Dune Drive	East and West	3:00 a.m. to 6:00 a.m. daily (effective May 15th through September 15th)	20th Street and 33rd Street, inclusive
	West	3:00 a.m. to 6:00 a.m. daily (effective May 15 through September 15)	Between 33rd Street and 34th Street, inclusive
39th Street	South	Midnight to 6:00 a.m. daily	Between Dune Drive and Third Avenue (Ocean Drive; and also on that area leased by the Borough from the Cape May County Municipal Utilities Authority)

§ 8-16 PARKING OF TRUCKS, CERTAIN VEHICLES AND TRAILERS.

§ 8-16.1 Parking of Certain Trucks, Vehicles and Trailers Over a Certain Weight Prohibited.

[New; Ord. No. 746-2016 § 1]

No person shall park any truck or vehicle over ______ 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	Sides	Hours	Location
(Reserved)

§ 8-16.2 General Policy Statement.

[Ord. 746-2016 § 1]

The Borough of Avalon is a barrier island resort community located on the Atlantic Ocean in Cape May County, New Jersey with a year-round population of approximately 2,264 residents. It has a total of 5,436 dwelling units. The summer population increases to 32,000 or more than a fifteen fold increase. (Source: Cape May County Comprehensive Plan issued by the Cape May County Planning Board for 2010.)

This increase of population during the summer months places an increased demand on all municipal services and infrastructure. It creates a demand for rental accommodations and results in a tremendous increase in vehicular traffic. Parking spaces are in demand and in short supply throughout the Borough and particularly in residential areas where there is frequently insufficient off-street parking with the result that owners, visitors and their guests must use on- street parking.

The demand for on-street parking is further compounded by the fact that many non-residents from surrounding mainland communities visit the Borough on a daily basis to utilize the Borough beach, marinas, athletic fields and other recreational and open-space facilities. This results in a heightened demand for seasonal parking.

For these, and other reasons, the Borough Council has determined that certain parking restrictions are necessary during the summer season which generally extends from early May until late September. At the same time, it is necessary to recognize the ongoing needs of certain commercial operations and the services they provide to the Borough's residents and visitors and not unduly restrict their normal operations.

§ 8-16.3 Definitions.

[Ord. No. 746-2016 § 1]

For purposes of this section the following definitions, as contained in N.J.S.A. 39:1-1 shall apply:

CAMPING TRAILER

See definition of "Recreation Vehicle".

CONSTRUCTION TOOL TRAILERS

shall mean every utility trailer commonly known as such and containing tools, materials or supplies for contractors, sub-contractors and other craftsmen, and which may be parked on or at or near construction sites but only during the period of actual construction and only during the period of time when a particular contractor, sub-contractor, or craftsmen who owns or leases such vehicle is actually engaged in working on the project. Such trailer shall contain the Contractor's name and New Jersey State License Number which shall not be less than three inches in height and permanently affixed to each side of the trailer vehicle in such a manner and location to be clearly observable when the trailer doors are open and shall not be otherwise obscured. In the absence of such identifying information, the trailer shall not meet this definition.

POLE TRAILER

shall mean every vehicle without motive power designed to be drawn by another vehicle and attached to the towing vehicle by means of a reach, or pole, or by being boomed or otherwise secured to the towing vehicle, and ordinarily used for transporting long or irregularly shaped loads, such as poles, pipes, or structural members capable, generally, of sustaining themselves as beams between the supporting connections. [N.J.S.A. 39:1-1 et seq.]

RECREATION VEHICLE

commonly referred to as an RV, shall mean a self-propelled or towed vehicle equipped to serve as temporary living quarters for recreational, camping or travel purposes and used solely as a family or personal conveyance. This definition shall include the terms "camping trailer" and "truck camper" as those terms are defined in N.J.A.C. 8:22-1.2. All of these terms are intended to be encompassed within the definition of "trailer-type vehicle" as defined in this section. [Source: N.J.S.A. 39:1-1]

SEMITRAILER

shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle. [N.J.S.A. 39:1-1 et seq.]

STREET

shall mean any municipal, County or State road or highway including the right-of-way which is located within the boundaries of the Borough of Avalon.

TRAILER

shall mean every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that no part of its weight rests upon the towing vehicle. [N.J.S.A. 39:1-1 et seq.]

The following definitions are not defined by the New Jersey Motor Vehicle Code but as used in this chapter and section shall have the following definition:

TRAILER-TYPE VEHICLE

is intended as an all-inclusive term and shall be used herein to describe, collectively, each of the several trailer types defined in this section, and whenever said term is used in this section shall mean and shall encompass each and every such trailer defined in this section. It shall include recreational vehicles commonly known as RV's, campers and any other similar type vehicle equipped for sleeping of one or more persons. This term shall not include boat trailers and water-craft trailers.

TRUCK CAMPER

See definition of "Recreation Vehicle".

UTILITY TRAILER

shall mean any class 1 through class 4 ball hitch or pintle hitch towable trailer vehicle, whether the same is enclosed or open and any and every trailer or type of trailer, which is not otherwise defined in this section, and which is used for the storage, hauling or transportation of any items or animals. This term shall not include boat trailers and water-craft trailers.

§ 8-16.4 Parking of Trailer-Type Vehicles Prohibited on Borough Streets During Certain Times; Exception.

[Ord. No. 746-2016 § 1; amended 1-23-2019 by Ord. No. 782-2019]

Effective May 1, 2019, it shall be unlawful for any person or entity to park any trailer-type vehicle, as defined herein, on any Borough street commencing at 12:01 a.m. on the third Monday in June through and including 12:00 midnight of the second Sunday in September and including Memorial Day and the Saturday and Sunday immediately preceding Memorial Day.

Exception. The provisions contained in Subsection a shall not apply to:

Semitrailers, construction trailers, storage trailers; trailer-type vehicles; and construction tool trailers: construction machinery and construction equipment.

(a)

In-season: Under no circumstances may any semitrailer or any trailer-type vehicle, including construction tool trailers, be parked on the public streets or public thoroughfares at any time during the in-season as defined in this chapter; provided, however, that such trailers may be parked on the actual construction site or in the construction zone. If not parked or located in either of such areas the same must be removed from the street and may not return thereto until the time scheduled for the resumption of construction activity. Such trailers may, however, be parked at construction sites and in the immediate vicinity thereof, that is, within 200 linear feet of the actual construction site, during those hours and times that construction activity is permitted. Under no circumstances may the area of the public sidewalk or any part thereof be blocked. For purposes of this chapter, the term "immediate vicinity" shall mean within 200 linear feet of the actual construction site.

(b)

Off-season: Except when and where a construction zone has been established pursuant to this chapter, the in-season parking restrictions shall not apply. Whenever such a zone has been established in the off-season, the parking restriction applicable to in-season shall apply.

Boat and watercraft trailers which shall not be parked on any Borough street from 12:01 a.m. on June 1 through and inclusive of 12:00 midnight on September 30 of each year.

Trailer-type vehicles which are making deliveries or providing any service to any business or residence may be parked temporarily and only for brief time periods while engaged in such activity.

Street Parking. When parked on any street a construction tool trailer and all other trailer-type vehicles shall be parked so as to conform to the requirements of the New Jersey Motor Vehicle Code, N.J.S.A. 39:1-1 et seq. (Cross reference: § 20-7.9)

Disputes. Any dispute that arises as to whether a particular contractor, subcontractor or other craftsman is actually and actively then currently engaged in the particular construction project shall be resolved by the Construction Official, whose decision shall be final.

§ 8-16.5 Boat and Watercraft Trailers.

[Ord. No. 621-2009; Ord. No. 746-2016 § 1; amended 1-23-2019 by Ord. No. 782-2019]

Definitions. As used in this subsection:

BOAT TRAILER AND WATERCRAFT TRAILER

shall mean any vehicle without mode of power that is required to be or is capable of being pulled, towed, or drawn by another vehicle and which is designed or used for carrying, hauling or transporting power boats, sailboats, wave runners, jet skis or any other type of vehicle used in or on the water.

Boat and watercraft trailers when parked on the street must be parked so as to conform to the requirements of the New Jersey Motor Vehicle Code, N.J.S.A. 39:1-1 et seq.

Parking of Boat Trailers and Watercraft Trailers Prohibited Between June 1 and September 30. No person shall park, store, or permit the parking or storage of boat trailers or watercraft trailers (attached or detached) of any type or description, regardless of whether such trailer is licensed and/or registered, and regardless of whether a boat or other watercraft is currently located on the trailer, on any municipal, state or county roadway in the Borough of Avalon between June 1 and September 30 of each year inclusive of such dates.

Parking of Boat Trailers and Watercraft Trailers between October 1 and May 31. Between October 1 and May 31 the owner of a boat trailer or watercraft trailer (attached or detached) may park the trailer directly in front of, and immediately adjacent to, the curb or property line of any property owned by the trailer owner, or lessee or occupied by the trailer owner or lessee as a tenant under a written lease, with the owner of the property.

Posting of Signs. Signs shall be established at Avalon entrance points indicating that parking of boat and watercraft trailers on Borough streets is prohibited between June 1 and September 30 and is restricted as provided herein between October 1 and May 31.

§ 8-16.6 Construction Zone; Restricted Parking.

[Added 1-23-2019 by Ord. No. 782[1]]

Whenever a "construction zone" (as defined in Chapter 20, Article II, § 2.16) is in existence, only construction vehicles or construction equipment may be parked in such zone. Any other motor vehicles are prohibited from parking in such zone.

The use of such zone is restricted to licensed commercial motor vehicles which clearly display the contractor's name and business, the state contractor's license number issued by New Jersey or another state, and telephone contact information. Any vehicle failing to meet these criteria shall be prohibited from parking in said zone and subject to being towed in accordance with § 8-3 of this Code.

Any unauthorized vehicle parked in a construction zone is subject to being towed at the owner's expense in accordance with § 8-3 of this Code.

[1]

Editor's Note: This ordinance also redesignated former § 8-16.6 as § 8-16.10.

§ 8-16.7 to § 8-16.9. (Reserved)

§ 8-16.10 Violations; Penalty.

[Ord. No. 621-2009; Ord. No. 746-2016 § 1; Ord. No. 621-2009; Ord. No. 746-2016 § 1; amended 1-23-2019 by Ord. No. 782]

Boat Trailers and Watercraft Trailers. Penalty. The owner of any boat trailer or watercraft trailer who parks that trailer in violation of the provisions of this subsection shall be subject to the following:

A fine in the amount of $200 for each violation. In addition, the Borough, at its option, may arrange for the towing of the trailer off of the public street, with the cost of any towing or storage fee to be paid by the owner of the trailer.

If the trailer is incapable of being towed for any reason including, but not limited to, the trailer being attached to a motor vehicle that prevents the trailer from being towed, the owner shall pay a fine in the amount of $300 for violation.

Separate violations. Each day, or part of a day, that a boat trailer or watercraft trailer is parked in violation of this subsection shall be considered a separate violation. It shall not be a violation of this subsection for a person to park, store, or permit the parking or storage of boat trailers or watercraft trailers on private property.

Penalty for Other Violations. The penalty for any other violation, that is, for which a specific penalty is not established in this chapter, shall be the general penalty imposed in the Code of the Borough of Avalon, Chapter 1, § 1-5.

§ 8-17 (RESERVED)

§ 8-18 ANGLE PARKING.

[2000 Code § 8:4-7]

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

Name of Street	Side(s)	Angle	Location
Dune Drive (2nd Avenue)	West	45ᵒ	Between 32nd and 35th Streets Between 29th Street and 30th Streets Between 33rd and 35th Street
Dune Drive (2nd Avenue)	Both	45ᵒ	Between 20th and 29th Streets Between 30th and 33rd Streets
Dune Drive (2nd Avenue)	Both	45ᵒ	Between 20th Street and 21st Street adjacent to center island (Per plan of Borough Engineer revised 3/20/97)
Dune Drive (2nd Avenue)	West	45ᵒ	Between 21st Street and 22nd Street adjacent to center island (Per plan of Borough Engineer revised 3/20/97)
Seawall Road	Northeast	45ᵒ	Entire length
39th Street between Dune Drive and Third Avenue (Ocean Drive)	South	45ᵒ	Beginning 35 feet west of the westerly curbline of Dune Drive and extending 300 feet westerly therefrom

§ 8-19 THROUGH STREETS.

[2000 Code § 8:6-1]

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
Avalon Avenue	Between 8th Street and 32nd Street
Dune Drive	Between 6th Street and 80th Street
First Avenue	Between 7th Street and 40th Street
Ocean Drive	Between Townsends Inlet Bridge and 80th Street
Pelican Drive	Between 42nd Street and its westerly terminus. All streets intersecting Pelican Drive are designated Yield-Intersections
Sunrise Drive	Entire length
20th Street	From Harbor Avenue to the westerly end
21st Street	From Ocean Drive to the westerly end
22nd Street	Between Harbor Avenue and 21st Street
42nd Street	From Ocean Drive to its westerly terminus
4th Avenue	Between 39th Street and 42nd Street

§ 8-20 STOP INTERSECTIONS.

[2000 Code § 8:6-2; Ord. No. 724-2015]

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:
(Reserved)

Any named or numbered street, or any section or portion thereof, which intersects with any street which is designated as a "Through Street" in § 8-19 of this chapter is hereby designated as a "Stop Intersection" and the stop sign shall be located at each intersection of each such street which is not designated as a "Through Street". This provision shall not change or modify those intersections which have been designated as "Yield Intersections" in § 8-22 of this chapter.

§ 8-21 MULTI-WAY STOP INTERSECTIONS.

[New]

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)

§ 8-22 YIELD INTERSECTIONS.

[2000 Code § 8:6-3]

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 therein.

Intersection	Yield Sign(s) On:
Pelican Drive and Seagull Drive	Seagull Drive
Pelican Drive and Heron Drive	Heron Drive
Pelican Drive and Flamingo Drive	Flamingo Drive

§ 8-23 ONE-WAY STREETS.

[2000 Code § 8:7]

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	Location
Railroad Avenue	Northerly	From 33rd Street to 32nd Street
Seawall Road	Northwesterly	From 7th Street to Intersection with 1st Avenue
7th Street	Easterly	From 1st Avenue to Intersection with Seawall Road
30th Street	East	From Dune Drive (2nd Avenue) to Avalon Avenue
39th Street	West	From Dune Drive to Third Avenue (Ocean Drive)
49th Street	East	From Ocean Drive (3rd Avenue) to Dune Drive (2nd Avenue)
50th Street	West	From Dune Drive (2nd Avenue) to Ocean Drive (3rd Avenue)

§ 8-24 ROUTES FOR TRUCKS OVER FOUR TONS.

[2000 Code § 8:5; Ord. No. 758-2017]

Pursuant to N.J.S.A. 40:67-16.1 the Borough hereby establishes a designated truck route within the Borough. This determination is necessary in order to facilitate the orderly and safe movement of truck traffic at all times but particularly in the summer months, when the Borough experiences a twenty-fold increase in population and a corresponding increase in vehicular, bicycle and pedestrian traffic. Such designated truck route will serve to diminish traffic congestion and will promote public safety and convenience. The Borough Council finds, determines, and concludes that the designated route complies with the requirements of N.J.S.A. 40:67-16.3 insofar as the designated route connects with a County road (Avalon Boulevard CR 601) which provides entrance to and exit from the Borough.

All trucks having a total combined gross weight of vehicle plus load in excess of four tons shall be excluded from all streets of the Borough, except for the designated truck route and except as otherwise provided herein.

Nothing in this chapter shall be construed to prevent such trucks from making deliveries or pick-up of merchandise or other property along streets from which such trucks are excluded nor shall it exclude trucks used by public utility companies in connection with the construction, installation, operation or maintenance of public utility facilities as permitted by N.J.S.A. 40:67-16.2. This section shall be subject to the following:

Upon completion of the local pick-up or delivery of merchandise or other property, such truck shall return to the designated truck route by the shortest and most direct route available.

Those vehicles making more than one pick-up or delivery shall return to and use the designated truck route between deliveries whenever it is possible to do so.

Designated Over Four Ton Truck Route:

Name of Street	Location
Ocean Drive, also known as Third Avenue and County Road 619 (CR 619)	Between Townsend Inlet Bridge and 80th Street

§ 8-25 VEHICLES OVER DESIGNATED WEIGHT EXCLUDED FROM CERTAIN STREETS.

[New]

Vehicles over the gross vehicle weight (GVW) 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	Tons	Location
(Reserved)

§ 8-26 TURN REGULATIONS.

[2000 Code § 8:9-1]

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

Intersection	Turn Prohibited	Movement Prohibited
(Reserved)

§ 8-26.1 Right Turn Only.

[New]

No person shall make a turn at the below listed location other than a Right Turning Movement.

Intersection	Movement Permitted
(Reserved)

§ 8-26.2 Right Turn on Red Prohibited.

[2000 Code § 8:9-5]

No person shall make a Right Turn on the Red Signal at any location listed:

Location	Hours
32nd and Dune Drive	Between 8:00 a.m. and 9:00 a.m. and 3:00 p.m. and 4:00 p.m.
30th and Dune Drive	Between 8:00 a.m. and 9:00 a.m. and 3:00 p.m. and 4:00 p.m.

§ 8-27 LEFT TURN ZONES.

[2000 Code § 8:6]

Left turns are permitted in the following locations which are established as Left Turn Zones.

Street	Location
Dune Drive and 37th Street	South on Dune Drive to East on 37th Street
Dune Drive and 36th Street	North on Dune Drive to West on 36th Street South on Dune Drive to East on 36th Street
Dune Drive and 35th Street	North on Dune Drive to West on 35th Street South on Dune Drive to East on 35th Street
Dune Drive and 34th Street	North on Dune Drive to West on 34th Street South on Dune Drive to East on 34th Street
Dune Drive and 33rd Street	North on Dune Drive to West on 33rd Street South on Dune Drive to East on 33rd Street
Dune Drive and 32nd Street	North on Dune Drive to West on 32nd Street South on Dune Drive to East on 32nd Street
Dune Drive and 30th Street	North on Dune Drive to West on 30th Street South on Dune Drive to East on 30th Street
Dune Drive and 29th Street	North on Dune Drive to West on 29th Street South on Dune Drive to East on 29th Street
Dune Drive and 28th Street	North on Dune Drive to West on 28th Street South on Dune Drive to East on 28th Street
Dune Drive and 27th Street	North on Dune Drive to West on 27th Street South on Dune Drive to East on 27th Street
Dune Drive and 26th Street	North on Dune Drive to West on 26th Street South on Dune Drive to East on 26th Street
Dune Drive and 25th Street	North on Dune Drive to West on 25th Street South on Dune Drive to East on 25th Street
Dune Drive and 24th Street	North on Dune Drive to West on 24th Street South on Dune Drive to East on 24th Street
Dune Drive and 23rd Street	North on Dune Drive to West on 23rd Street South on Dune Drive to East on 23rd Street
Dune Drive and 22nd Street	North on Dune Drive to West on 22nd Street South on Dune Drive to East on 22nd Street
Dune Drive and 20th Street	North on Dune Drive to West on 20th Street South on Dune Drive to East on 20th Street
Dune Drive and 19th Street	North on Dune Drive to West on 19th Street

§ 8-28 RESTRICTED PARKING IN DESIGNATED CONSTRUCTION ZONES; UNAUTHORIZED VEHICLE MAY BE TOWED AT OWNER'S EXPENSE.

[Added 4-24-2019 by Ord. No. 788]

Whenever the Borough has designated a construction zone at an active construction site within the Borough, in accordance with the provisions of Chapter 20 of this Code, parking shall be restricted to the following:[1]

Construction vehicles only which are owned, leased or operated by a general building contractor or subcontractor, craftsman or repairman (hereafter collectively "contractor") who is/are at the time actively involved in the construction activity. Any such vehicle shall be plainly and permanently marked with the contractor's name, state contractor's license number, and telephone contact number. "Construction vehicles" shall mean a commercial motor vehicle used for commercial purposes on the highways, such as the transportation of goods, wares and merchandise, excepting such vehicles as are run only upon rails or tracks and vehicles of the passenger car type used for touring purposes or the carrying of farm products and milk, as the case may be (N.J.S.A. 39:1-1). The term shall also mean and include any of the several type vehicles mentioned in § 8-16.3 of this Code whenever such vehicle is used, either directly or indirectly, in the construction process.

"Construction equipment" which shall include equipment which is being actively used in the construction activity and which is not licensed or otherwise permitted to operate independently on the streets and highways of this state and which must be transported to a construction site by means of another motor vehicle which is licensed for operation of the streets and highways of this state. Construction equipment shall also include dumpsters which continue to require a Borough permit to be placed in the Borough street even in that area designated as a construction zone. Other examples of construction equipment may include, but are not limited to, loaders, excavators, boom lifts, sky lifts, front-end loaders, skid steers and other similar-type equipment. Construction equipment does not include portable toilets, which must be located on the actual construction site in accordance with the provisions of Chapter 20 of this Code.

The contractor shall be responsible for erecting signs to be provided by the Borough and to be erected at the outer limits of each construction zone. Such signs shall be maintained by the contractor throughout the construction process. Such signs shall indicate that parking within such construction zone is limited to authorized vehicles and equipment only, that is, only those vehicles and equipment specified in Subsections b and c hereof. Such signs shall be removed by the contractor upon application for a temporary or final certificate of occupancy.

The owner, lessee or operator of any unauthorized vehicle parked in the construction zone shall be in violation of this chapter and, upon conviction, shall be liable for such penalties as prescribed in § 1-5 of this Code. In addition, any unauthorized vehicle shall be subject to being removed by any police officer or code enforcement officer who may provide for such removal. The owner of any unauthorized vehicle which is towed from a construction zone shall bear the reasonable costs of removal and storage, which may result from such removal before regaining possession of the vehicle.

[1]

Editor's Note: See § 29-2.16.

§ 8-29 (RESERVED)

§ 8-30 LANE USE RESERVATIONS.

[New]

The lane locations described are designated as Lane Use Reservations and traffic shall move as indicated.

Intersection or Location	Movement
(Reserved)

§ 8-31 EXCLUSIVE LANE USE.

[New]

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)

§ 8-32 BICYCLE ROUTES/LANES.

[New; amended 4-24-2019 by Ord. No. 785-2019]

The lane locations described are hereby designated as bicycle lanes. Bicycle lanes shall be of a width in accordance with the AASHTO "Guide for the Development of Bicycle Facilities," latest revision, and shall be marked and signed pursuant to the "Manual on Uniform Traffic Control Devices for Streets and Highways," latest revision.

Name of Street	Side*	Lane Width (feet)	Limits
Avalon Avenue	East	6	8th Street to 32nd Street
First Avenue	West	6	7th Street to 13th Street
First Avenue	West	5	13th Street to 26th Street
First Avenue	West	6	26th Street to 32nd Street
First Avenue	East and west	6	32nd Street to 40th Street
Dune Drive	East and west	6	6th Street to 18th Street
Dune Drive	West	6	18th Street to 19th Street
Dune Drive	East and west	6	34th Street to 80th Street

*	Eastside lanes travel north; westside lanes travel south.

The following shared use lanes described are hereby designated as locations for shared lane markings as part of a designated bicycle route network. One shared lane marking is to be placed per block along each shared use lane. These shared lane markings shall be located and marked pursuant to the "Manual on Uniform Traffic Control Devices for Streets and Highways," latest revision.

Name of Street	Side*	Limits
7th Street	North	Dune Drive to First Avenue
8th Street	South	Ocean Drive to First Avenue
8th Street	North	First Avenue to Avalon Avenue
18th Street	North	Dune Drive to Avalon Avenue
19th Street	South	Dune Drive to First Avenue
30th Street	South	Ocean Drive to Avalon Avenue
32nd Street	South	First Avenue to Avalon Avenue
34th Street	North	Dune Drive to First Avenue
35th Street	South	Dune Drive to First Avenue
39th Street	North	Dune Drive to First Avenue
40th Street	South	Dune Drive to First Avenue
80th Street	South	Ocean Drive to Dune Drive
First Avenue	East	7th Street to 8th Street

*	Northside lanes travel west; southside lanes travel east; eastside lanes travel north Source: Thomas R. Thornton, P.E., Borough Engineer, February 6, 2019

§ 8-33 SPEED LIMITS.

[2000 Code § 8:16]

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.

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

Name of Street	MPH	Limits	Approval Date
(Reserved)

§ 8-34 PASSING ZONES.

§ 8-34.1 No Passing Zones.

[2000 Code § 8:6-4]

No Passing Zones are hereby established and shall be maintained upon the following described streets or parts thereof.

Street	Location
Avalon Avenue	Between 19th Street and 32nd Street, inclusive
Dune Drive	Between 19th Street and 37th Street, inclusive

§ 8-34.2 Pass on Left Only Zones.

[2000 Code § 8:6-6]

A zone permitting passing on the left only is hereby established at the following locations:

Street	Location
Avalon Avenue	8th Street to 9th Street

§ 8-35 BUS STOPS.

[New]

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)

§ 8-36 ARTICULATED BUS STOPS.

[New]

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)

Minimum distances	Near side:	155 feet
	Far side:	140 feet
	Mid-Block:	170 feet

§ 8-37 LOADING ZONES.

[2000 Code § 8:4-8]

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.

Effective June 12—September 9 inclusive.

Name of Street	Direction	Location
21st Street	Northeasterly side	Beginning 240 feet 8 inches eastwardly from the northeasterly corner of Ocean Drive for a distance of 50 feet
21st Street[1] [Added 2-23-2022 by Ord. No. 833-2022]	Southeasterly side	Beginning 57 feet easterly from the bump-out curbline at the southeasterly corner of Dune Drive for a distance of 50 feet
79th Street	Northeasterly side	Beginning 320 feet from easterly most curbline of Dune Drive for a distance of 50 feet
32nd Street	North Side	East of Avalon Avenue
24th Street	South	Beginning 34 feet 6 inches east of Dune Drive (measured from the intersection of the extending easterly curbline of the mid-block parking area and the 24th Street curbline) and continuing in an easterly direction for a distance of 46 feet

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.

[1]

NOTE: The precise location was provided by Joseph Maffei, P.E., P.P., Engineer for Avalon Planning/Zoning Board.

§ 8-38 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	Side	Location
(Reserved)

§ 8-39 HANDICAPPED PARKING.

§ 8-39.1 Handicapped Parking on Streets.

[2000 Code § 8:4-10; New; Ord. No. 465-1999; Ord. No. 724-2015]

In accordance with the provisions of N.J.S.A. 39:4-197, no person shall park a motor vehicle in any of the hereinafter designated locations unless such persons shall have been issued special identification cards by the New Jersey Motor Vehicle Commission and when using a motor vehicle on which is displayed a certificate, for which a special vehicle identification card has been issued pursuant to N.J.S.A. 39:4-206.

Procedure for Application and Approval of Handicapped Parking at Private Residences (on street).

Reserved parking spaces restricted only to handicapped individuals shall be established in accordance with the following:

An applicant for a reserved parking space in front of a private residence shall make application to the Chief of Police, or his designee, of the Borough of Avalon. It shall be the sole responsibility of such applicant to provide to the Chief of Police all documentation and forms necessary or required to establish the nature and extent of the handicap. The Chief of Police shall review such documentation for compliance with the terms and conditions imposed by New Jersey Statute and the rules and regulations of the Motor Vehicle Commission of the State of New Jersey.

Upon a determination that the applicant is qualified for a reserved parking space restricted to handicapped persons, the Chief of Police shall file with the Borough Clerk a certification as to the applicant's eligibility and the Chief shall certify that based upon his investigation, the applicant is qualified for a handicapped parking space to be established at the applicant's residence.

Upon receipt of the Certification of the Chief of Police, the Borough Clerk shall inform the Borough Council, which shall thereupon adopt a formal resolution which shall establish a reserved parking space restricted only to handicapped, which resolution shall further designate the location or address where such restrictive parking shall be established. The reserved parking shall be eliminated and the restrictive parking signs removed once the handicapped condition no longer exists or the applicant no longer qualifies.

The resolution adopted by Borough Council pursuant to this ordinance shall have the force and effect of law and any violation of such resolution shall be prosecuted in the Municipal Court, or other Court of competent jurisdiction, in the same manner and to the same extent as other motor vehicle violations.

Street	Restricted Spaces
1st Avenue, east side	Beginning 95 feet south of 25th Street and continuing 22 feet
22nd Street, north side	Beginning 67 feet west of 1st Avenue and continuing for 22 feet
22nd Street, south side	Beginning 137 feet west of Avalon Avenue and continuing for 22 feet
Borough Parking Lot between 29th and 30th Streets	Four spaces located in the northeast corner of parking lot owned by the Borough
Borough Parking Lot between 29th and 30th Streets	Two handicapped spaces located in the southeast corner of the parking lot
Parking Lot on the southerly side of Community Hall	Two restricted spaces located in the northwest corner of the parking lot located immediately adjacent to and on the south side of Community Hall
Borough Hall - Rear Parking Lot [Added 12/13/95 by Ord. No. 407-1995]	Two restricted parking spaces located in the northeasterly most parking spaces directly to the rear of the Senior Citizen Center
Borough Hall - Rear Parking Lot [Added 10-25-2023 by Ord. No. 868-2023]	Two restricted parking spaces located in the southeasterly most parking spaces on 32nd Street side and immediately adjacent to Borough Hall
Dune Drive on the westerly side [Added 12/13/95 by Ord. No. 407-1995]	Two spaces starting 11 feet from 32nd Street and continuing in a northerly direction a distance of 44 feet
Dune Drive on the westerly side	Two angled spaces starting 126 feet north of 32nd Street and continuing in a northerly direction a distance of 56 feet [Amended Ord. 519-2003, 6/03]
Parking Lot, Police Building	Easterly most space in the parking lot
Parking Lot, rear of Borough Hall [Added 6/24/92 by Ord. No. 346-1992]	Northerly most space located on the east side of the lot adjacent to Borough Hall
32nd Street and Beach [Added 6/24/92 by Ord. No. 407-1992]	Two spaces on the north side at the entrance to the beach patrol headquarters lot
39th Street [Added by this Code]	South side and beginning at a point 200 feet west of the westerly curbline of Dune Drive and extending to a point 30 feet westerly to a point therefrom

§ 8-39.2 Handicapped Parking on Streets, Public Parking Areas and Other Quasi-Public Places.

[Added by Ord. No. 465-1999; Ord. No. 724-2015]

Whenever it has been determined that a need exists for one or more restricted "Handicapped Only" parking spaces on any public street, public parking areas or similar public and quasi-public places within the Borough, the Chief of Police shall so certify and file such certification with the Borough Clerk, who shall then notify Borough Council which shall then consider the matter and if satisfied that such need exists, may adopt a formal resolution approving the restricted parking and designating the location(s) thereof. Any such restricted parking space may be eliminated by the adoption of a formal resolution by Borough Council upon the recommendation of the Chief of Police.

§ 8-39.3 Penalty.

[2000 Code § 8:15; amended 10-25-2023 by Ord. No. 868-2023]

Any person parking a motor vehicle in a restricted parking space without special vehicle identification card shall be liable to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days' community service on such terms and in such form as the court shall deem appropriate, or any combination thereof. [N.J.S.A. 39:4-197(3)c]

A person violating any other provision of this chapter shall, upon conviction, be subject to the penalty provisions set forth in §§ 1-5.1 through 1-5.5 of the Borough Code unless a different penalty is expressly provided by a specific New Jersey statute or Borough ordinance or this Code, in which case the designated penalty so indicated shall apply.

§ 8-40 CONTROL FOR THE MOVEMENT AND THE PARKING OF TRAFFIC ON PUBLIC AND PRIVATE PROPERTY.

§ 8-40.1 Regulation for the Movement and the Parking of Traffic on Municipal Property and Board of Education Property.

[2000 Code 38:14-10; § 8:4-12; 8:4-11]

In accordance with the provisions of 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
Borough Parking Lot between 29th and 30th Streets	Four spaces located in the northeast corner of parking lot owned by the Borough
Borough Parking Lot between 29th and 30th Street	Two handicapped spaces located in the southeast corner of the parking lot
Parking Lot on the southerly side of Community Hall	Two restricted spaces located in the northwest corner of the parking lot located immediately adjacent to and on the south side of Community Hall
Borough Hall - Rear Parking Lot	Two restricted parking spaces located in the northeasterly most parking spaces directly to the rear of the Senior Citizen Center
Borough Hall - Rear Parking Lot [Added 10-25-2023 by Ord. No. 868-2023]	Two restricted parking spaces located in the southeasterly most parking spaces on 32nd Street side and immediately adjacent to Borough Hall
Parking Lot, Police Building	Easterly most space in the parking lot
Parking Lot, rear of Borough Hall	Northerlymost space located on the east side of the lot adjacent to Borough Hall

PARKING PROHIBITED DURING CERTAIN HOURS ON CERTAIN MUNICIPALITY OWNED PROPERTY

No person shall park, stop or stand a motor vehicle at any time between the hours hereinafter specified, prevailing time, on any of the following described municipally owned property.

[Amended 10-25-2023 by Ord. No. 868-2023]

Location	Parking Prohibited
Parking lot behind Borough Hall and parking lot in front of Avalon Public Library and immediately adjacent to parking lot behind Borough Hall	Effective January 1, 2024, parking shall be prohibited between the hours of 10:00 p.m. and 8:00 a.m. the following morning except for municipal vehicles and Borough employees, elementary school employees, and volunteers with a special permit issued by the Borough.
	Such special permits shall be issued only to those Borough employees who physically work in the Borough Hall and to Avalon Volunteer Fire Department firefighters who are certified by the Chief of the Avalon Volunteer Fire Department and emergency medical technicians (EMTs) who are certified by the Chief of Emergency Medical Services and to employees of the Avalon Elementary School who are certified by the Chief School Administrator.
	Any vehicle parked or standing in violation of this section shall be in violation hereof 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 before regaining possession of the vehicle.

SPECIAL PERMIT ZONES

Parking shall be prohibited in the following locations unless a special permit authorizing such parking has been obtained from the Chief of Police of the Borough of Avalon.

Location	Side	Restricted Spaces
Borough Parking Lot between 29th and 30th Streets	N/A	Two parking spaces shall be restricted and located in the southeast corner of the parking lot and shall be reserved for vehicles which have obtained special permits from the Chief of Police of the Borough of Avalon
Borough parking lot in the rear of Borough Hall [Added 10-25-2023 by Ord. No. 868-2023]	N/A	All spaces located immediately adjacent to the Avalon Fire House on the south side on the building consisting of 7 parking spaces shall be restricted to and used exclusively by volunteer firefighters. Signs designating the restricted parking spaces shall be posted. Any vehicle parked or standing in violation of this section shall be in violation hereof 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 before regaining possession of the vehicle.

§ 8-40.2 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)

[New]

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, 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)

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 Avalon.

§ 8-40.3 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	Regulation
(Reserved)

§ 8-40.4 Regulation for the Movement and the Parking of Traffic on Municipal Park Property.

[New]

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 Parking of Vehicles on Municipal Park Property During Certain Hours.

No person shall park, stop or stand a motor vehicle between the hours specified on any day upon any of the streets or parts of streets prescribed below.

[2000 Code § 8:4-12]

Location	Parking Prohibited
Bay Park Marina On Ocean Drive 53rd Street and 57th Street	At any time between the hours of 2:00 a.m. and 6:00 a.m.
Tennis Court, 8th Street	At any time between the hours of 2:00 a.m. and 6:00 a.m.

§ 8-40.5 Regulation for the Movement and the Parking of Traffic on United States Post Office Property.

In accordance with 40 U.S.C. 318B and 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)

§ 8-40.6 Signs, Pavement Markings, Installation and Maintenance.

[New]

The owners of the premises referred to in §§ 8-40.2, 8-40.3 and 8-40.5 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 Avalon. The owner shall be responsible for the repair and restoration or replacement of same.

§ 8-41 CLOSING OF SCHOOL STREETS.

[New]

The Borough Council of any municipality may, by ordinance, authorize the Mayor or other chief executive officer of the municipality, or the officer in charge of streets in any municipality not having a chief executive officer, if he shall find that a safety problem exists for ingress and egress to any public or private school or for the provision of recreational facilities for children attending such school, or both, due to a lack of a suitable area surrounding the school, to close by regulation any portion of any street within the block upon which such school is located to the use of through traffic during such time as he shall determine, not to exceed 1 hour between 7:30 a.m. and 10:00 a.m., 2 hours between 11:00 a.m. and 2:00 p.m., and 1 hour between 2:30 p.m. and 4:30 p.m., on any days upon which such school is in session, and to permit the use of said portion of said street, during said hours, for ingress and egress to such school and for the use by the pupils of such school for recreational purposes under proper supervision, and to provide adequate police facilities for such supervision and for the control of traffic upon such portion of said street, which ordinance shall provide for the posting of proper warning signs in said street, indicating that said street is so closed and the purpose thereof, during the time when the same is so closed, and shall provide penalties for the violation of terms of such ordinance or of any regulation promulgated thereunder.

Name of Street	Hours	Limits
(Reserved)