Whenever any words or phrases are
used in this chapter, the meanings respectively ascribed to them in
Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall
apply to such words and phrases.
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 borough.
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, standing or parking of vehicles as set forth in R.S.
39:4-138, any other New Jersey statute, or as hereinafter provided.
[Ord. 19-1977; Ord. 23-1980, S 1–4; Ord. 2002-5, S 1; amended 4-25-2022 by Ord. No. 2022-6]
a. Parking during a snow emergency.
1. Whenever snow has fallen and the Borough of Flemington declares a
snow emergency, no vehicle shall be parked on any street or highway
in the Borough of Flemington. The above parking prohibition shall
remain in effect after the snow has ceased until the declaration of
a snow emergency is lifted.
2. Municipal parking lots. Whenever snow has fallen and the Borough
of Flemington declares a snow emergency, no vehicle shall be parked
in any municipal parking lot in the Borough of Flemington. The above
parking prohibition shall remain in effect after the snow has ceased
until the declaration of a snow emergency is lifted.
3. Exceptions: residential - snow emergency parking.
(a)
Any vehicle that is parked in a designated "residential - snow
emergency parking" area located within a municipal parking lot.
(1)
Areas No. 1, No. 2, No. 3, No. 4 and No. 5;
(2)
Parking lot located to the rear of the Flemington Borough Hall
and Fire House, 38 Park Avenue.
4. Declaration of a snow emergency.
(a)
When, in the opinion of the Chief of Police, in consultation
with the Mayor, Office of Emergency Management Coordinator, and Department
of Public Works Supervisor, the actual or expected precipitation of
snow will create hazardous or dangerous street and highway conditions
for vehicular or pedestrian traffic, he/she may in the manner set
forth herein, declare that a snow emergency exists in the Borough
or in a section or sections thereof.
(b)
The Chief of Police shall immediately inform the public of the
snow emergency by issuing a statement in a manner determined in consultation
with the Mayor, Office of Emergency Management Coordinator, and Department
of Public Works Supervisor.
(c)
The Chief of Police may declare any snow emergency route or
any part of a snow emergency route to be free from the restrictions
herein imposed, or the snow emergency terminated when, in his/her
opinion, the weather or street conditions warrant such a determination.
The Chief of Police shall give notice of this determination in the
manner provided for in Subsection a4(b) of this section.
b. Parking during a declared local or state emergency due to snow or
hazardous weather conditions.
1. Whenever a state of emergency has been declared in compliance with
the N.J.S.A. App. A:9-1 et seq. as a result of snow or other hazardous
weather conditions, no vehicle shall be parked on any street, highway,
or municipal parking lot in the Borough of Flemington.
2. Exceptions: residential - snow or other weather emergency parking.
(a)
Any vehicle that is parked in a designated "residential - snow
emergency parking" area located within a municipal parking lot.
(1)
Areas No. 1, No. 2, No. 3, No. 4 and No. 5;
(2)
Parking lot located to the rear of the Flemington Borough Hall
and Fire House, 38 Park Avenue.
c. Parking during other declared emergencies, traffic conditions, or
public events where signage is posted.
1. Upon the declaration of an emergency or other traffic condition by
the Chief of Police, in consultation with the Mayor, Office of Emergency
Management Coordinator, and Department of Public Works Supervisor,
there shall be no parking upon streets or sections of streets where
temporary "EMERGENCY -NO PARKING" signs are displayed.
2. The Chief of Police (or his/her designee), in consultation with the
Mayor, Office of Emergency Management Coordinator, and Department
of Public Works Supervisor, is authorized to declare an emergency
and to direct the posting of said "EMERGENCY, NO-PARKING" signs when
weather conditions, accidents, fires, or public celebrations dictate
or require the avoidance of hazards or other conditions which interfere
with the free flow of traffic. Notification that the "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 sign.
d. Any unoccupied vehicle parked or standing in violation of this subsection
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 removal
and storage which may result from such removal, before regaining possession
of the vehicle.
e. The provisions of Subsections a, b and c shall not apply to any fire-fighting
equipment, ambulance or other emergency equipment actively engaged
in dealing with an emergency in the Borough.
f. Violations and penalties.
1. Unless another penalty is expressly provided by New Jersey Statute,
every person convicted of a violation or provision of this subsection,
or supplement thereto, shall be liable to a penalty of not more than
$500 or imprisonment for a term not exceeding 90 days or both.
2. In addition to any other fine or penalty that may be imposed, any
unoccupied vehicle parked or standing in violation of Subsections
b or c hereof (i.e., during the declaration of a local or state emergency
or other traffic condition), this article shall be deemed a nuisance
and a menace to the safe and proper regulation of traffic, and any
police or peace 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. This provision shall not apply if only a snow emergency
pursuant to Subsection a has been declared.
Ord. 19-1977; Ord. 16-1984, S 1; Ord. 10-1986, SS I, II;
Ord. 2-1987, SS I, II; Ord. 6-1990, S 1; Ord. 12-1990, S 1; Ord. 7-1991,
S 1; Ord. 7-1994, S 1; Ord. 1996-28, SS 1, 2; Ord. 7-1998, S 1; Ord.
2002-4, S 1; Ord. 2005-25, S 1; Ord. 2008-20; Ord. 2010-12, S 1)
No person shall park a vehicle at any time upon any of the streets or parts of streets described in Schedule I of Chapter
7A.
Ord. 19-1977; Ord. 22-1981; Ord. 6-1983, S 3; Ord. 10-1986,
S III; Ord. 6-1990, S 2.
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 in Schedule II of Chapter
7A.
[Ord. 19-1977; Ord. 26-1977, SS 2, 3; Ord. 9-1981; Ord. 21-1981; Ord. 10-1986, S IV; Ord. 7-1994, S 3; Ord. 8-1995, S 3; Ord. 1-2000, S 1; Ord. 2006-9, S 2; Ord. No. 2014-17; Ord. No. 2017-5]
No person shall park a vehicle for longer than the time limit shown, at any time between the hours listed, on any day except Sundays and public holidays, upon any of the streets or parts of streets described in Schedule III of Chapter
7A.
[Ord. 6-1983, S 3.]
No person shall park a vehicle between the hours specified, on any day, Sundays and holidays included, upon any of the streets or parts of streets described in Schedule II-A of Chapter
7A.
[Ord. 14-1982, S 3; Ord. 6-1983, S 3; Ord.
7-1994, S 2; Ord. 8-1997, S 2; Ord. 2001-12; Ord. 2011-22]
No persons shall stop or cause a vehicle to stand at any time upon any of the streets or parts of streets described in Schedule I-A of Chapter
7A.
[Ord. 16-1984, S 2; Ord. 8-1997, S 1]
a. Parking.
1. No person shall park a vehicle at any time
along the curb line in front of and approximately ten feet distance
from the fronts of the stores in the Hunterdon Shopping Center parking
lot. The parking prohibition established in this subsection shall
commence at the most westerly edge of said curb line and run in an
easterly direction along said curb line, a distance of 650 feet to
the Borough line on the east.
2. All vehicles must park in designated areas
and between the lines provided.
3. No person shall stop or stand a vehicle upon any of the streets or parts of streets described in Schedule 1-A of the Borough Ordinance found in Chapter
7A.
4. All handicapped parking stalls shall be
12 feet wide as shown on the attached site plan and signed with the
R7-8 and R7-8P (Reserved Parking Sign and Penalty Plate), in the designated
parking areas for persons who have been issued handicapped parking
permits by the Motor Vehicle Commission.
5. The most northerly driveway at South Main
Street shall be exit only.
b. Lane Use Reservations. The lane locations
described are designated as Lane Use Reservations and traffic shall
move as indicated.
Intersection
|
Movement
|
---|
Entrance Driveway at Reaville Avenue
|
a. Right lane must turn right.
|
b. Left lane must turn left.
|
Entrance Driveway at Main Driveway
|
a. Right lane must turn right.
|
b. Left lane must turn left.
|
c. Speed limits. The speed limit for both
directions of traffic in the parking lot and all roadways shall be
15 m.p.h. Regulatory and warning signs authorized by the Department
of Transportation shall be erected and maintained to effect the above
designated speed limit.
d. Tow away zones. Any vehicle parked or standing
as to obstruct or impede a normal flow of traffic, block any vehicle
parked or standing as to obstruct or impede a normal flow of traffic,
block entrances or exit ways, loading zones, oil fills, any grassy
area or pedestrian walkway, or presenting in any way a safety or traffic
hazard, may be removed by towing the vehicle at the owner's expense.
[Ord. 17-1985, S I; Ord. 18-1993, S 1; Ord. 7-1994, S 6; Ord. 2001-4; Ord. 2001-6; Ord. 16-2001; Ord. 2002-19, S 1; Ord. 2003-5, S 1; Ord. 2008-7; Ord. 2009-5, S 1; Ord. No. 2013-7; Ord. No. 2014-3; Ord. 2015-13; Ord. No. 2015-23; Ord. No. 2016-15; Ord. No. 2017-12]
No persons shall park a vehicle at any time upon any of the streets or parts of streets described in Schedule XII of Chapter
7A except: (a) persons issued handicapped persons identification cards by the Director of the Motor Vehicle Commission pursuant to N.J.S.A. 39:4-205 and the vehicle bears a placard issued by the Director of the Motor Vehicle Commission, which is properly displayed on such vehicle pursuant to N.J.S.A. 39:4-206; and (b) temporarily handicapped persons who shall have been issued a temporary placard by the chief of police of any municipality in the State of New Jersey pursuant to N.J.S.A. 39:4-206, and the vehicle displays such temporary placard.
[Ord. 18-1985, S IV; Ord. 15-1989, SS 1–3;
Ord. 7-1992, SS 2, 3; Ord. 6-1999, S 1; Ord. 19-2001; Ord. 2002-16,
S 1; Ord. 2004-24, S 1; Ord. 2007-1, S 1]
No person shall park a vehicle at any time in any of the areas in any of the parking lots described in Schedule XIII of Chapter
7A except: (a) persons issued handicapped persons identification cards by the Director of the Motor Vehicle Commission pursuant to N.J.S.A. 39:4-205 and the vehicle bears a placard issued by the Director of the Motor Vehicle Commission, which is properly displayed on such vehicle pursuant to N.J.S.A. 39:4-206; and (b) temporarily handicapped persons who have been issued a temporary placard by the chief of police of any municipality in the State of New Jersey pursuant to N.J.S.A. 39:4-206, and the vehicle displays such temporary placard.
[Ord. 9-1986, S 3; Ord. 13-1986, S I; Ord. 3-1987, SS I, II; Ord. 12-1988, S 1; Ord. 3-1991, S 1; Ord. 1-1993, S 1; Ord. 8-1995, S 1; Ord. 1995-34, S 1; Ord. 5-1997, SS 1, 2; Ord. 23-1997, S 1; Ord. No. 2017-15]
No person shall park a vehicle at any time between the hours listed, on school days, upon any of the streets or parts of streets described in Schedule XV of Chapter
7A unless:
a. The vehicle is owned or operated on a regular
basis by a resident of the street on which such vehicle is parked
and the vehicle displays on its driver's side rear window a current
residential parking permit in such a manner as to be clearly visible;
or
b. The vehicle is owned or operated by a person
visiting a resident of the street on which the vehicle is parked and
the vehicle displays a current visitor parking permit issued to such
resident; or
c. The vehicle is an emergency, public service,
telephone or other public utility vehicle rendering service or repairs
within the immediate area where parked; or
d. The vehicle is owned or operated by a contractor,
service or delivery company bearing the name and address of commercial
business and such vehicle is rendering service or making a delivery
to a residence within the immediate area where parked.
e. The chief of police may, in his discretion,
approve permits for nonresidents upon a showing of special need.
Application for permits under subsection
7-4.11 shall be made, in writing, to the clerk of the Borough of Flemington on forms to be provided by such clerk. The clerk shall issue permits if he is reasonably satisfied that the applicant is entitled thereto.
[Ord. 6-1990, S 3; Ord. 7-1995, S 1; Ord.
8-1995, S 2]
No person shall park a vehicle between the hours specified, on any school day, upon any of the streets or parts of streets described in Schedule XVI of Chapter
7A.
[Ord. 1-1993, S 2; Ord. 23-1997, S 2; Ord. 22-1998, S 1;
Ord. 8-2000, S 1]
No person shall park a vehicle for longer than the time limit shown, at any time between the hours listed, on any day except Sundays and legal holidays, upon any of the streets or parts of streets described in Schedule XVII of Chapter
7A unless:
a. The vehicle is owned or operated on a regular
basis by a resident of the street on which such vehicle is parked
and the vehicle displays on its driver's side rear window a current
residential parking permit in such a manner as to be clearly visible;
or
b. The vehicle is owned or operated by a person
visiting a resident of the street on which the vehicle is parked and
the vehicle displays a current visitor parking permit issued to such
resident; or
c. The vehicle is an emergency, public service,
telephone or other public utility vehicle rendering service or repairs
within the immediate area where parked; or
d. The vehicle is owned or operated by a contractor,
service or delivery company bearing the name and address of a commercial
business and such vehicle is rendering service or making a delivery
within the immediate area where parked.
e. The chief of police may, in his discretion,
approve permits for nonresidents upon a showing of special need.
Application for permits under subsection
7-4.13 shall be made, in writing, to the clerk of the Borough of Flemington on forms to be provided by such clerk. The clerk shall issue permits if he is reasonably satisfied that the applicant is entitled thereto.
[Ord. 18-1998, S 1]
a. Parking.
1. No person shall park a vehicle at any time,
except busses, in areas delineated at "No Parking Busses Only."
2. "No Parking Busses Only" areas shall be
designated and delineated in accordance with the Manual and Uniform
Traffic Control Devices Standards.
b. Loading Zones.
1. No person shall park a vehicle at any time,
unless loading or unloading in areas delineated as "No Parking Loading
Zone."
c. All vehicles must park in designated areas
and between the lines provided.
d. All handicapped parking stalls shall be
12 feet wide as shown on the attached site plan and signed with the
R7-8 and R7-8P (Reserved Parking Sign and Penalty Plate), in the designated
parking areas for persons who have been issued Handicapped Parking
Permits by the Division of Motor Vehicles.
e. Speed Limits. The speed limit for both
directions of traffic in the parking lot and all roadways shall be
15 m.p.h. Regulatory and warning signs authorized by the Department
of Transportation shall be erected and maintained to effect the above
designated speed limit.
f. Tow Away Zones. Any vehicle parked or standing
as to obstruct or impede a normal flow of traffic, block any vehicle
parked or standing as to obstruct or impede a normal flow of traffic,
block entrances or exit ways, loading zones, oil fills, any grassy
areas or pedestrian walkway, or presenting in any way a safety or
traffic hazard, may be removed by towing the vehicle at the owner's
expense.
[Ord. 15-1999]
The provisions of Subtitle One of
Title 39 of the Revised Statutes of New Jersey are made applicable
to the semi-public roads, streets, driveways and parking lots at the
Victorian Square located in the Borough of Flemington, County of Hunterdon
and the following regulations shall be enforceable:
a. General Parking.
1. All vehicles must park in designated areas
and between the lines provided.
2. No person shall stop or stand a vehicle
upon any of the streets or parts of streets described below:
Name of Street
|
Sides
|
Hours
|
Location
|
---|
All roads
|
East
|
All
|
Entire length
|
3. Handicapped Parking. All stalls shall be
12 feet wide as shown on the attached site plan and signed with the R7-8 and R7-8P (Reserved Parking Sign
and Penalty Plate) in the designated parking areas for persons who
have been issued the handicapped parking permits by the Division of
Motor Vehicles.
b. Stop Intersections. The following described
intersections are hereby designated as stop intersections. Stop signs
shall be installed as provided therein:
Intersection
|
Stop Sign(s) On
|
---|
Walter E. Foran Boulevard and George
Wilson Boulevard
|
George Wilson Boulevard
|
George Wilson Boulevard and Road
"A"
|
Road "A"
|
c. Speed Limits.
1. The speed limit for both directions of
traffic in the parking lot(s) shall be 15 m.p.h.
2. The speed limit for both directions of
travel on the following roadways are:
Name of Roadway
|
M.P.H.
|
Limits
|
---|
All roads
|
20
|
Entire length
|
3. Regulatory and warning signs shall be erected
and maintained to effect the above designated speed limits authorized
by the Department of Transportation.
d. Tow Away Zones. Any vehicle parked or standing
as to obstruct or impede a normal flow of traffic, block entrances
or exit ways, loading zones, oil fills, any grassy area, pedestrian
walkway, or present in any way a safety or traffic hazard may be removed
by towing the vehicle at the owner's expense.
e. All signs, posts, or other necessary materials
shall be installed and paid for by the applicant. All signing shall
conform to the current Manual on Uniform Traffic Control Devices,
pursuant to N.J.S.A. 39:4-198 and N.J.S.A. 39:4-183.27.
f. Unless another penalty is expressly provided
by New Jersey Statute, every person convicted of a violation of this
subsection or any supplement thereto shall be liable to a penalty
of not more than $150.00 dollars or imprisonment for a term not exceeding
15 days or both.
g. Effect of Subsection. If any part of this
subsection is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portion of the subsection.
[Ord. 19-1977; Ord. 25-1981, S 7; Ord. 2010-5, S 1]
a. Trucks Over Four Tons. Trucks over four tons gross weight are hereby excluded from the streets or parts of streets described in Schedule IV of Chapter
7A except for the pickup and delivery of materials.
b. Trucks Over Ten Tons. Pursuant to N.J.S.A.
40:67-16.1, the streets as described are hereby designated as "Route
for Vehicles Over 10 Tons." All trucks having a total combined registered
gross weight of vehicle plus load in excess of ten tons shall use
the designated Truck Route:
1. Restricted Streets.
Mine Street for entire length
Stangl Road for entire length
Broad Street for entire length
Church Street from Route 31 west
to end
Emery Avenue to entire length
New York Avenue for entire length
Pennsylvania Avenue for entire length
New Jersey Avenue for entire length
East Main Street for entire length
Park Avenue to entire length
[Ord. 2010-5, S 1]
NJ Route 12 from Mine Street to the
Flemington Circle
NJ Route 31 from the Flemington Circle
to Walter Foran Boulevard
Walter Foran Boulevard eastbound
from North Main Street to Route 31
[Ord. 19-1977; Ord. 25-1981, S 6; Ord. 14-1982, S 3; Ord. 6-1983, S 3; Ord. 18-1985, S II; Ord. 8-1997, S 4; Ord. 18-1998, S 2; Ord. 2003-35, S 1; Ord. No. 2017-8]
The streets or parts of streets described in Schedule V of Chapter
7A are hereby designated as one-way streets in the direction indicated.
[Ord. 19-1977; Ord. 16-1984, SS 3–4;
Ord. 2-1987, S III; Ord. 2011-9]
Pursuant to the provisions of R.S. 39:4-140, the streets or parts of streets described in Schedule VI of Chapter
7A 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.
[Ord. 8A, 1982; Ord. 16-1984, S 5; Ord. 8-1997,
S 3; Ord. 2011-9]
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule VI-A of Chapter
7A are hereby designated as Stop Intersections. STOP signs shall be installed as provided herein.
[Ord. 16-1984, S 6; Ord. 2003-35, S 2; Ord.
2004-18, S 1; Ord. 2004-26, S 1]
The locations described in Schedule VI-B of Chapter
7A are hereby designated as Four-Way Stop Intersections. STOP signs shall be installed on or near the right side of each such intersecting street.
[Ord. 19-1977; Ord. 25-1981, SS 4, 5; Ord.
16-1986, S 1; Ord. 7-1994, S 4.]
The locations described in Schedule VII of Chapter
7A are hereby designated as loading zones.
[Ord. 19-1977; Ord. 25-1981, SS 2, 3; Ord.
7-1994, S 5.]
The locations described in Schedule VIII of Chapter
7A are hereby designated as trolley stops.
Parking meter zones are hereby established in the borough. The zones shall be as described in Schedule IX of Chapter
7A.
a. The borough police commissioners shall
install parking meters in the parking meter zones as provided in this
section upon the curb immediately adjacent to each designated parking
space. The meters shall be capable of being operated, either automatically
or mechanically. Upon deposit of United States currency, a vehicle
may lawfully park in any such parking meter zone for the following
period of time as specified.
One-half hour meters:
Upon the deposit of one nickel: for
the full lawful parking time.
15 minute meters:
Upon the deposit of one penny: for
the full lawful parking time.
b. Each parking meter shall be so designed,
constructed, installed and set that upon the expiration of the time
period registered, by the deposit of one or more coins, as provided
herein, it will indicate by an appropriate signal that the lawful
parking meter period has expired, and during said period of time and
prior to the expiration thereof, will indicate the interval of time
which remains of such period.
c. No parking meters shall be installed in
any of the areas where parking is prohibited pursuant to R.S. 39:4-138.
d. Each parking meter shall bear thereon a
legend indicating the days and hours when the requirement to deposit
coins therein shall apply, the value of the coins to be deposited,
and the limited period of time for which parking is lawfully permitted
in the parking meter zone in which such meter is located.
a. The borough police commissioner shall designate
the parking space adjacent to each parking meter for which the meter
is to be used by appropriate parkings upon the curb or the pavement
of the street. Parking meter spaces so designated shall be of appropriate
length and width so as to be accessible from the traffic lanes of
such street.
b. No person shall park a vehicle in any such
designated parking meter space during the restricted or regulated
time applicable to the parking meter zone in which the meter is located
so that any part of the vehicle occupies more than one space or protrudes
beyond the markings designating the space, except that a truck which
is of a size too large to be parked within a single designated parking
meter zone shall be permitted to occupy two adjoining parking meter
spaces when coins shall have been deposited in the parking meter for
each space so occupied as is required in this section for the parking
of other vehicles in such space.
a. No person shall park a vehicle in any parking
space upon a street alongside of and next to which a parking meter
has been installed during the restricted and regulated time applicable
to the parking meter zone in which the meter is located unless a coin
or coins of United States currency of the appropriate denomination
as provided in this section shall have been previously deposited therein
for an unexpired interval of time, and the meter has been placed in
operation.
b. No person shall permit a vehicle within
his control to be parked in any such meter space during the restricted
and regulated time applicable to the parking meter zone in which the
meter is located while the parking meter for the space indicates by
signal that the lawful parking time in the space has expired. This
provision shall not apply to the act of parking or the necessary time
which is required to deposit immediately thereafter a coin or coins
in the meter.
c. No person shall park a vehicle in any parking
meter space for a consecutive period of time longer than that limited
period of time for which parking is lawfully permitted in the parking
meter zone in which the meter is located, irrespective of the number
or amounts of the coins deposited in such meter.
d. The provisions of this section shall not
relieve any person from the duty to observe other and more restrictive
provisions of this section and the State Vehicle Code prohibiting
or limiting the stopping, standing, or parking of vehicles in specified
places or at specified times.
No person shall deposit or attempt
to deposit in any parking meter any slug, button or any other device
or substance as substitutes for coins of the United States currency.
No person shall deface, injure, tamper
with, open or willfully break, destroy or impair the usefulness of
any parking meter.
[Ord. 19-1977; Ord. 1-1981; Ord. 12-1988,
S 2; Ord. 1-1999, S 1; Ord. 5-1999, S 1; Ord. 2003-35, S 3; Ord. No. 2014-24]
The streets or parts of streets described in Schedule XI of Chapter
7A shall have the speed limits designated in such schedule.
Regulatory and warning signs shall
be erected and maintained to effect the above designated speed limits
as authorized by the Department of Transportation.
No person shall cause a vehicle to use the streets or parts of streets described in Schedule X of Chapter
7A except as provided in said Schedule X.
[Ord. 18-1985, S III; Ord. 2-1998, S 1; Ord.
2011-21; Ord. No. 2014-19]
No person shall make a left turn at any of the following locations described in Schedule XIV of Chapter
7A. Signs indicating NO LEFT TURN shall be installed in the appropriate places at the intersections or locations indicated on Schedule XIV.
No person shall remove from the tire
of any parked vehicle, with the intent to evade borough overtime parking
restrictions, a chalk mark placed on the tire by a police officer
or parking enforcement officer for the purpose of monitoring the time
limit in which the vehicle is allowed to park on certain streets or
parking lots for a two hour limit.
[Ord. No. 2016-7]
The purpose of this section is to
establish controls and regulations for the safe and expeditious movement
of traffic through the Borough of Flemington when construction, maintenance
or repairs causes traffic to be diverted within or into or exiting
the Borough, require the use of members of the Flemington Borough
Police Department, Public Works Director and Borough Engineer to establish
and maintain traffic control operations and to provide for the safety
as well as compensation of the members of the Flemington Borough Police
Department performing such operations.
[Ord. No. 2016-7]
a. The Borough of Flemington, through the
Mayor and Council, hereby 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 and below
ground which requires blocking the roadway and obstructing the normal
flow of traffic, causing it to be diverted either within or into the
Borough; 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 / or around construction and maintenance zones and to
provide safety for the work force performing these operations.
b. The Borough of Flemington, through the
Mayor and Council, hereby adopt the current Manual of Uniform Traffic
Control Devices, hereafter known as MUTCD, except as hereby supplemented
and amended, as it controls and regulates whenever construction maintenance
operations or utility work obstructs the normal flow of traffic on
all roadways within or leading to or exiting from the Borough of Flemington.
Any person, contractor, or utility failing to comply with the provisions
of MUTCD while performing such work is in violation of this section.
[Ord. No. 2016-7]
a. A Preconstruction Meeting shall be required
and be scheduled with the Administration of the Flemington Borough
Police Department, Road Supervisor and Borough Engineer (as required)
for any work period that will exceed five (5) consecutive days by
any person, contractor, or in the case of a roadway or Borough Utility
capital improvement project, public utility as required under the
public utility agreement, wishing to conduct work on, under or above
any roadway within the Borough, or to conduct work on, under or above
any roadway that would cause traffic to be diverted through the Borough.
b. 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
any roadway within the Borough, or to conduct work on, under or above
any roadway that would cause traffic to be diverted through the Borough,
to contact the Administration of the Flemington Borough Police Department,
Road Supervisor and Borough Engineer to arrange a preconstruction
meeting to submit plans for the safe movement of traffic during such
period of construction work. Preconstruction meetings must be scheduled
far enough in advance (a minimum of two weeks) of the desired start
date so as to allow for efficient planning.
c. 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 aforementioned departments, is in violation
of this section.
[Ord. No. 2016-7]
The person, contractor or utility
shall provide the aforementioned departments with at least two emergency
contact phone numbers to be called in case of emergency problems at
the construction or maintenance site or arising from the construction
or maintenance being performed, prior to the start of any work. If
for any reason emergency contact cannot be reached, or if the emergency
contract person does not respond in a timely manner to the call from
the aforementioned departments to correct a hazardous condition, the
Borough may respond to correct such hazardous conditions. The reasonable
fees for such emergency service by the Borough shall be charged to
the person, contractor or utility responsible for such conditions.
[Ord. No. 2016-7]
Road closing and/or traffic detours
shall not be permitted unless approved by the officer in charge of
the Flemington Borough Police Department. The Flemington Police Department
officer in charge shall consult with the Public Works Director and/or
the Borough Engineer prior to any scheduled road closing or detour.
Advance notice of detours must be given to motorists, except in emergent
circumstances.
[Ord. No. 2016-7]
a. Any person, contractor, or public utility
seeking to conduct work on, above or below any roadway within the
Borough of Flemington, including but not limited to municipal, county
or state road, or any person, contractor or public utility seeking
to conduct work on any municipal, county, state or private roadway
outside of the Borough of Flemington that will require traffic to
be diverted within, into or through the Borough of Flemington is required
to hire off-duty Flemington Borough officers to ensure compliance
with the MUTCD as well as to control traffic resulting from the work.
If under certain circumstances a total road closure is needed where
off-duty police officers are not required it shall be approved by
the Flemington Borough Police Administration, Public works director
and Engineer at a pre-construction meeting as outlined under Section
3.
b. The Administration of the Flemington Borough
Police Department shall be contacted at least 48 hours unless emergent
circumstances exist before starting work to arrange for the hiring
of off-duty officers. The number of officers required shall be determined
by the Administration.
c. The requirement to hire off-duty officers
set forth in paragraphs a and b above shall apply to work within the
road right-of-way as part of any partial closure, or work within a
heavily traveled roadway, where traffic must deviate from its normal
course of travel.
d. Any and all work that shall take more than
one hour to complete shall conform to the provisions set forth under
this section. Any person, contractor, or public utility that takes
more than one hour to complete their "temporary" or "emergent" work
shall hire off-duty police officers or shall be in violation. All
work on, above or below the roads taking less than one hour may be
controlled with certified flagmen, unless off-duty officers are deemed
necessary by the Flemington Borough Police Department road supervisor
and approved by the Chief of Police.
e. Large scale projects taking more than two
(2) consecutive weeks shall be approved by the Flemington Borough
Police Department Administration, Public Works Director and Borough
Engineer during a pre-construction meeting. All work on, above or
below the roads shall require off-duty police officers unless during
the pre-construction meeting it was deemed unnecessary and can be
controlled by certified flagmen, or proper detour signage.
f. All certified flagmen must have completed
a nationally recognized Basic Flagger Training Course and wear approved
traffic vests, and must be certified as to the proper operation of
traffic flag controls. If flagmen cannot see each other, they must
have radio communication between them.
g. If the work requires any road to be closed
to traffic for 24 hours or greater, the hiring of off-duty officers
will only be required when it is deemed necessary by the aforementioned
department heads.
[Ord. No. 2016-7]
a. Any off-duty police officer hired pursuant to subsection
7-15.6 of this section shall be compensated at the level set forth in the "Compensation" provision known as "Outside Detail" of the current PBA 188 collective negotiations agreements and Borough ordinance. The Borough shall collect an administrative fee for outside employment at $6.00 per hourly pay rate.
b. Any off-duty police officer hired pursuant to subsection
7-15.6 of this section and working a detail shall be paid for a minimum hourly rate regardless of the actual amount of time worked in accordance with the PBA 188 collective negotiations agreement, and in accordance with the provisions set forth in Article IX Section D(4) of the PBA 188 collective negotiations agreement with the Borough of Flemington.
c. The Borough of Flemington shall administer
any and all wages and fees, including administrative fees and vehicle
fees, for extra-duty police work.
d. Any off-duty police officer hired pursuant to subsection
7-15.6 of this section shall be subject to the Rules and Regulations, SOPs and General Orders of the Flemington Borough Police Department. Wages earned for outside extra-duty employment by any police officer shall not be applied toward the pension benefits of the police officer so employed, nor shall hours worked for outside employment be considered in any way compensable as overtime payable by the Borough of Flemington.
e. Officers shall receive "premium pay" for
all hours worked for "road work" assignments on Easter, Memorial Day,
Independence Day, Labor Day, Thanksgiving, Christmas, and New Year's
Day. "Premium pay" shall be defined as 1.5 times the rate of pay set
forth in paragraph a of this section.
f. The hiring entity shall assume any and
all liability arising out of extra-duty police work, whether such
liability is direct or vicarious, including but not limited to liability
arising from travel to and from a job location and services rendered
during the extra-duty police work.
g. Prior to the commencement of any extra-duty
employment, the hiring entity shall deliver to the Borough of Flemington
a Certificate of Insurance that it holds at least $3,000,000 of general
liability insurance coverage, which shall be reasonably satisfactory
to the Borough of Flemington as to amounts of coverage, deductibles,
and insurers. The Borough of Flemington shall be named as an additional
insured to the policy.
h. Prior to the commencement of any extra-duty
employment, the hiring entity shall deliver to the Borough of Flemington
a Certificate of Workers' Compensation, which shall be reasonably
satisfactory to the Borough as to amounts of coverage, deductibles,
and insurers. The Borough shall be named as an additional insured
to the policy.
i. Payment for all such assignments shall
be made to the Borough who shall issue payment through the Borough
payroll system to the officer.
[Ord. No. 2016-7]
The Chief of Police, Director of
Public Works, or designee(s) shall have the authority to stop work
being performed within the Borough of Flemington, 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.
[Ord. No. 2016-7]
a. It is to be expressly understood that no
materials, vehicles or equipment are to be placed in roadway or sidewalk
areas until all construction, signs, lights, devices and pavement
markings are installed. All construction signs that will not apply
during the construction must be bagged or removed from view of motorists
(i.e.; "Flagman Ahead" signs after workmen have finished for the day).
b. Any person, contractor or utility performing
work shall be responsible to provide all traffic control equipment
that is needed to safely manage the worksite. If "No Parking" notification
is needed prior to the work being performed the above shall also be
responsible to post proper notice. Failure to provide proper traffic
control equipment or needed notification will result in the work site
being shut down until proper equipment can be obtained or notifications
can be made.
[Ord. No. 2016-7]
a. 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 for
not less than $250 and/or be imprisoned in the county jail for a term
not exceeding 90 days.
b. A separate offense shall be deemed committed
on each day during or on which a violation occurs or continues.
[ Ord. No. 2016-7]
Any person, contractor or utility
who commits to hiring a police officer or officers and cancels or
reschedules the work within two weeks from the date scheduled, the
outside contractor shall be responsible to pay the officer(s) through
the Borough of Flemington for four hours at the applicable hourly
rate unless a natural disaster and/or state of emergency is declared.
If the cancelation or rescheduling occurs within 12 hours of the start
time of the detail or road work the officer(s) shall be paid for four
hours or 50% of the hours scheduled whichever is greater. Unless a
natural disaster and/or state of emergency is declared.
[ Ord. No. 2016-7]
Should any section, clause, sentence,
phrase or provision of this section be declared unconstitutional or
invalid by a court of competent jurisdiction, such decision shall
not affect the remaining portions of this section.
[ Ord. No. 2016-7]
The hiring entity shall save and
hold harmless the Borough, and its officers, officials, agents, employees,
administrators and elected officials, from and against any and all
liabilities arising out of the performance of off-duty police work,
whether such liability is direct or vicarious. This requirement shall
be construed as broadly in favor of indemnification as permitted by
New Jersey law.
The following locations shall be established as mid-block crosswalks as described in Schedule XVIII of Chapter
7A.
[Ord. 25-2001; Ord. 2011-24; Ord. No. 2014-18]
No person shall enter or exit onto a municipal road or from a municipal road onto private property as described in Schedule XIX of Chapter
7A.
Regulatory signs shall be erected
and maintained by the borough designating entries and exits from municipal
roads onto private property and from private property onto municipal
roads.
a. Regulation(s):
1. General parking.
(a)
All vehicles must park in designated
areas and between the lines provided.
(b)
No person shall stop or stand a vehicle
upon any of the streets or parts of streets described below.
Name of Street
|
Sides
|
Hours
|
Location
|
---|
All roads and aisles
|
Both
|
All
|
Entire length
|
2. Through streets. The following streets
or parts of streets 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
|
---|
Road "C"
|
Between Reaville Avenue and the Flemington
Borough-Raritan Township corporate line.
|
3. Stop intersections. The following described
intersections are hereby designated as stop intersections. Stop signs
shall be installed as provided herein.
Intersection
|
Stop Sign(s) On:
|
---|
Reaville Avenue and Road A
|
Road A
|
Reaville Avenue and Road C
|
Road C
|
Road A and Road B
|
Road B
|
Road A and Aisle D
|
Aisle D
|
4. One-way streets. The following described
streets or parts of streets are hereby designated as one-way streets
in the direction described.
Name of Street
|
Direction
|
Limits
|
---|
Road B
|
East
|
Between the Circle Outlet Center
property line and Road A
|
5. Speed limits. The speed limit for both
directions of traffic on the following roadways are:
Name of Roadway
|
M.P.H.
|
Limits
|
---|
All roads and aisles
|
15
|
Entire length
|
Regulatory and warning signs shall be erected and maintained
to effect the above designated speed limits authorized by the Department
of Transportation.
|
6. Tow-away zones. Any vehicle parked or standing
as to obstruct or impede a normal flow of traffic, block entrances
or exit ways, loading zones, oil fills, any grassy area, pedestrian
walkway, or present in any way a safety or traffic hazard may be removed
by towing the vehicle at the owner's or operator's expense.
7. Lane Use Reservations. The lane locations
described are designated as lane use reservations and traffic shall
move as indicated.
Intersection
|
Movement
|
---|
Reaville Avenue and Road A
|
a.
|
Northbound left lane of Road A reserved
for left turn only.
|
|
b.
|
Northbound right lane of Road A reserved
for right turn only.
|
b. Installation of Signs. That all signs,
posts, or other necessary materials be installed and paid for by the
applicant. All signing shall conform to the current Manual on Uniform
Traffic Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A.
39:4-183.27.
c. Penalty. Unless another penalty is expressly
provided for by New Jersey Statute, every person convicted of a violation
of this subsection or any supplement thereto shall be liable to a
penalty of not more than $150.00 or imprisonment for a term not exceeding
15 days or both.
a. Regulations.
1. General parking.
(a)
All vehicles must park in designated
areas and between the lines provided.
(b)
No person shall stop or stand a vehicle
upon any of the streets or parts of streets described below, except
in areas covered by other parking restrictions.
Name of Street
|
Sides
|
Hours
|
Location
|
---|
Aisles "A"
|
Both
|
All
|
As indicated on site plan
|
(c)
Handicapped parking. All stalls shall
be 12 foot wide as shown on the attached site plan and signed with the R7-8 and R7-8P (Reserved Parking Sign
and Penalty Plate), in the designated parking areas for persons who
have been issued the Handicapped Parking Permit by the Motor Vehicle
Commission.
2. Tow-Away Zones. Any vehicle parked or standing
as to obstruct or impede a normal flow of traffic block entrances
or exit ways, loading zones, oil fills, any grassy area pedestrian
walkway, or present in any way a safety or traffic hazard may be removed
by towing the vehicle at the owners or operators expense.
b. Installation of Signs. All signs, posts,
or other necessary materials shall be installed and paid for by the
applicant. All signing shall conform to the current Manual on Uniform
Traffic Control Devices, pursuant to N.J.S.A. 39:4-198 and N.J.S.A.
39:4-183.27.
c. Penalty. Unless another penalty is expressly
provided for by the New Jersey Statute, every person convicted of
a violation of this ordinance or any supplement thereto shall be liable
to a penalty of not more than $283.00 dollars or imprisonment for
a term not exceeding 15 days or both.
[Added 8-14-2023 by Ord. No. 2023-22]
The streets or parts of streets described in Section
7A-20: Schedule XX of Chapter
7A are hereby designated as "compact car" zones. The parking zone shall be utilized only by "compact cars" as defined in the U.S. Code of Federal Regulations as vehicles having between 100-109 cubic feet of combined passenger and cargo volume, and are between 161 and 187 inches long.