[Adopted 10-1-79 by Ord. No. 1979-28]
[Amended 9-21-81 by Ord. No. 1981-31; 12-6-10 by Ord. No. 2010-29]
A.
Whenever snow has fallen and the accumulation is such that it covers
the street or highway, an emergency shall exist and no vehicle, portable
sports equipment or any other obstruction deemed portable shall be
parked or remain standing on any street or highway or portions hereof.
B.
The above parking/standing 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.
[Amended 12-6-10 by Ord. No. 2010-29]
Any unoccupied vehicle, parked or standing, or portable sports
equipment deemed an obstruction standing in the street in violation
of this ordinance 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 obstruction. The owner shall pay the reasonable
costs of the removal and storage which may result from such removal
before regaining possession of such vehicle or portable obstruction.
The effectiveness of this ordinance is contingent on signs being
erected as required by law.
Unless another penalty is expressly provided by New Jersey statute,
every person convicted of a violation of a provision of this ordinance
or any supplement thereto shall be liable to a penalty of not more
than fifty dollars ($50) or imprisonment for a term not exceeding
fifteen (15) days, or both.
[Added 3-10-14 by Ord. No. 2014-07]
A.
It is the intent of this section to establish uniform procedures
to reimburse residents for damage to mailboxes due to snow removal
operations. The Township of Barnegat's primary obligation is to ensure
that its roadways are as clear as possible of snow and ice. It is
also understood that most mailboxes are located within the public
right-of-way and, therefore, while fulfilling the primary objective
mailboxes may be unintentionally and unavoidably damaged. This policy
assumes there is a shared responsibility between the Township of Barnegat
and the homeowner when mailboxes located in the public right-of-way
are damaged during snow removal operations.
B.
While there is no legal requirement that the Township do so, it is
the policy of the Township of Barnegat to reimburse residents up to
seventy-five dollars ($75) for eligible damage to mailboxes caused
by direct plow contact on the part of the Township's Department of
Public Works. Nothing in this section shall be construed to entitle
any resident to reimbursement for damage caused by the weight or placement
of thrown snow, nor shall this section be construed to entitle any
resident to reimbursement prior to an investigation and determination
by the Superintendent of Public Works that the claimed damage is eligible
for reimbursement pursuant to this section.
(1)
Eligibility.
The reimbursement provisions of this section shall only apply
to those residents who satisfy the following criteria:
(a)
The mailbox is securely fastened to a sturdy post which is sufficiently
anchored in the ground to resist the impact of plowed snow.
(b)
The damaged mailbox and/or post must meet the requirements of
the United States Postal Service as well as all other requirements
in regard to construction and location. Mailboxes that do not meet
the requirements of the United States Postal Service and/or any other
applicable regulations are not eligible for reimbursement.
(c)
The damage must have been caused by direct contact with Township
plows or snow removal equipment. The Township will not provide reimbursement
for damage to mailboxes or posts caused solely by snow thrown from
Township plows or snow removal equipment.
(d)
The resident must notify the Township within seven (7) days
of the date the damage occurred, unless the resident was out of town,
in which case the Township must be notified of the damage within seven
(7) days of the resident's return. Damage reported outside of this
time frame will not be eligible for reimbursement.
(2)
Claim procedure.
(a)
Within the time period above, a resident making a claim for
reimbursement pursuant to this section shall contact the Department
of Public Works to file a claim.
(b)
After submission of the claim the Superintendent of Public Works
shall investigate the alleged damage to determine if the damage was
caused by the plow blade or vehicle itself, rather than thrown snow.
A written response on the findings of the investigation will be mailed
to the resident.
(c)
If it is determined that the mailbox was damaged by the plow
blade or vehicle the resident will be reimbursed, upon submission
of a receipt showing the cost of the mailbox and/or post in an amount
not to exceed seventy-five dollars ($75) for a new mailbox and/or
post. If it is determined that the damage was not caused by the plow
blade or vehicle no reimbursement will be given. All actual repairs
and/or replacements shall be the responsibility of the resident.
