[New]
Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in Subtitle I of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.
[New]
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.
[New]
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. No. 2-1969; Ord. No. 4-93; Ord. No 2-94; Ord. No. 7-97; Ord. No. 2009-09, SI]
a.
Upon the declaration of an emergency, there shall be no parking upon streets or sections of streets where temporary EMERGENCY NO PARKING signs are displayed. The chief of police or, in his absence, the ranking police officer is authorized to declare an emergency and to direct the posting of EMERGENCY NO PARKING signs when weather conditions, accidents, fire, public celebrations, etc., dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that EMERGENCY NO PARKING signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs. The penalty for parking prohibited during state of emergency shall be not less than forty ($40.00) dollars nor greater than one hundred ($100.00) dollars.
b.
Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and menace to the safe and proper regulations of traffic and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
c.
The effectiveness of this subsection is contingent upon signs being erected as required by law.
[Ord. No. 2-1965, A6; Ord. No. 16-1970; Ord. No. 8-1966; Ord. No. 7-1965; Ord. No. 4-1969; Ord. No. 1-1966; Ord. 3/18/79; Ord. No. 28-78; Ord. No. 29-78; Ord. No. 28-80; Ord. No. 33-80; Ord. No. 1-81; Ord. No. 3-81; Ord. No. 5-81; Ord. No. 10-81; Ord. No. 11-85; Ord. No. 16-85; Ord. No. 86; Ord. No. 12-86; Ord. No. 12-87; Ord. No. 10-88; Ord. No. 20-88; Ord. No. 7-89; Ord. No. 8-89; Ord. No. 20-89; Ord. No. 3-92; Ord. No. 7-92 which was repealed by Ord. No. 10-92; Ord. No. 2-93; Ord. No. 12-94; Ord. No. 6-95, SI; Ord. No. 1-98; Ord. No. 7-2000, SI; Ord. No. 9-2000, SI; Ord. No. 6-2006, SI; Ord. No. 2008-05, S3; Ord. No. 2009-11; Ord. No. 2011-16; Ord. No. 2011-18; Ord. No. 2014-06; Ord. No. 2015-04; Ord. No. 2015-06; Ord. No. 2017-08]
No person shall park a vehicle at any time upon any of the streets or parts of streets described in Schedule I of Chapter 8A.
[Ord. No. 11-1965; Ord. No. 14-1970; Ord. No. 11-75; Ord. No. 18-75; Ord. No. 31-78; Ord. No. 8-82; Ord. No. 15-89; Ord. No. 2-90; Ord. No. 3-95, SSI, II; Ord. No. 4-95; Ord. No. 1-98; Ord. No. 2008-05, S3; Ord. No. 2009-12; Ord. No. 2015-10]
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 8A.
[Ord. No. 2-1965; Ord. No. 7-1969; Ord. No. 20-80; Ord. No. 2-86; Ord. No. 10-89; Ord. No. 3-91; Ord. No. 18-93]
No person shall park a vehicle for longer than the time limit designated 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 8A.
[Ord. No. 18-74, S3; Ord. No. 1-99]
No person shall park a truck for longer than the time designated upon any streets or parts of streets described in Schedule III-A of Chapter 8A. No person shall park a commercially registered vehicle for longer than the time designated upon any streets or parts of streets described in Schedule III-A. For purposes of this chapter, the term "commercially registered vehicle" shall include vehicles used for commercial purposes including, but not limited to, taxi cabs, limousines, and vehicles with livery license plates.
[Ord. No. 1-79, S2; Ord. No. 3-79; Ord. No. 8-79; Ord. No. 6-81; Ord. No. 23-81; Ord. No. 27-81; Ord. No. 21-82, S2; Ord. No. 6-83, S2; Ord. No. 13-86; Ord. No. 2017-07; amended 8-4-2020 by Ord. No. 2020-06]
a.
Definitions. As used in this subsection:
1.
APPROPRIATE IDENTIFICATION — Means, in the case of a restricted parking zone, a permit issued by the Borough of Cliffside Park in accordance with this subsection, and, in the case of a restricted parking space, a placard or wheelchair symbol license plate issued by the New Jersey Motor Vehicle Commission pursuant to N.J.S.A. 39:4-206.
2.
PERSON WITH DISABILITY — Means (a) any person who has lost the use of one or more limbs as a consequence of paralysis, amputation, or other permanent disability or who has a permanent disability which renders the person unable to ambulate without the aid of an assisting device or whose mobility is demonstrated, consistent with the standards set forth in N.J.S.A. 39:4-204 to be otherwise severely limited; or (b) any person honorably discharged or released under honorable circumstances from active service in any branch of the Armed Forced of the United States who has been adjudicated by the United States Department of Veterans Affairs as being permanently 100% disabled.
3.
RESTRICTED PARKING SPACE — Means a parking space which the State of New Jersey or Borough of Cliffside Park has established for the exclusive use of any person with disability but shall not include a restricted parking zone.
4.
RESTRICTED PARKING ZONE — Means a parking zone in front of or near the residence of an identified person with disability which the governing body of the Borough of Cliffside Park has established, pursuant to the procedures set forth herein, for the use that person with disability.
5.
AUTHORIZED MEDICAL PROFESSIONAL — Means a physician with a plenary license to practice medicine and surgery in New Jersey or a bordering state; a podiatrist licensed to practice in New Jersey or a bordering state; a physician stationed at a military or naval installation located in New Jersey who is licensed to practice in any state; a chiropractic physician licensed to practice in New Jersey or a bordering state; a physician assistant licensed to practice in New Jersey or a bordering state; a nurse practitioner licensed to practice in New Jersey or a bordering state.
b.
Restricted Parking Spaces. The governing body of the Borough of Cliffside Park may, by ordinance enacted pursuant to the provisions of N.J.S.A. 39:4-197.5, establish, regulate and enforce restricted parking spaces in front of residences, schools and other public buildings and in shopping and business districts for use by persons with disability who have been issued special vehicle identification cards by the New Jersey Motor Vehicle Commission. Existing restricted parking spaces in the Borough, designated prior to the enactment of this subsection, are hereby ratified.
c.
Establishment of Restricted Parking Zones. The governing body of the Borough of Cliffside Park may, by ordinance enacted pursuant to the provisions of N.J.S.A. 39:4-197.6, establish, regulate and enforce a restricted parking zone for the exclusive use by a person with a disability. A restricted parking zone may, by enactment of such an ordinance, be conferred on a person with disability who meets the criteria set forth by this subsection provided that such parking is not otherwise prohibited and the permitting thereof will not interfere with the normal flow of traffic. Any restricted parking zone established by the governing body shall be located in front of or near the residence of the particular person with a disability designated by the governing body in the ordinance enacted pursuant hereto and that person shall have an exclusive right to use the restricted parking zone.
d.
Application for Restricted Parking Zone.
1.
Requests for establishment of a restricted parking zone shall be made by submitting an application form to the Cliffside Park Police Department, Traffic Bureau, together with all supporting documentation. Each application form must be supported by the following documentation and such other documents as the officer assigned to investigate the request may reasonably require in order to determine whether the criteria established by this subsection have been met by the applicant:
(a)
The valid person with disability identification card issued to the person with disability by the New Jersey Motor Vehicle Commission;
(b)
No less than two authentic and reliable documents offered as proof that a person with disability is a full-time permanent resident of the residential property associated with the request for a restricted parking zone;
(c)
Vehicle registration and vehicle title or lease agreement for the motor vehicle for which the restricted parking zone is sought;
(d)
If the person with disability is not the owner/operator of the motor vehicle for which the restricted parking zone is sought, no less than two authentic and reliable documents offered as proof that the owner/operator of the vehicle for which the restricted parking zone is sought is a member of the immediate family of the person with a disability and that the owner/operator of the vehicle for which the restricted parking zone is sought is full-time permanent resident of the residential property associated with the request for a restricted parking zone;
(e)
A copy of a valid windshield placard issued by the New Jersey Motor Vehicle Commission for the vehicle for which the restricted parking zone is sought;
(f)
A copy of a valid drivers' license issued by the New Jersey Motor Vehicle Commission to the person with disability or other occupant of the residence associated with the request for a restricted parking zone who is a member of the immediate family of the person with disability;
(g)
Certification by an authorized medical professional that applicant is a person with disability, as defined in paragraph a2(a) above, or documentary proof that the applicant has been discharged or released under honorable circumstances from active service in any branch of the Armed Forces of the United States and adjudicated by the United States Department of Veterans Affairs, or its successor, as being permanently 100% disabled.
2.
Each submitted application shall be investigated by the Traffic Bureau for completeness and for compliance with the provisions and criteria set forth in this subsection. Upon conclusion of its investigation, the Traffic Bureau shall report its findings and recommendations to the Mayor and Council, including a determination whether parking in front of or near the residence occupied by the designated person with a disability is otherwise prohibited; whether the permitting of such parking will interfere with the normal flow of traffic; and whether the residence occupied by the designated person with a disability has access to a driveway, garage, carport or other off-street parking within 100 feet of the residence. Upon determination that the applicant meets all the requirements and qualifications set forth in this subsection, the Traffic Bureau shall recommend a restricted parking zone be granted and shall identify a specific location recommended for designation as the restricted parking zone. The governing body may accept or reject the recommendation of the Traffic Bureau, as it deems appropriate in the exercise of its discretion to act upon matters affecting the public health, safety and welfare. Upon establishment of a restricted parking zone by an ordinance duly adopted by the governing body and payment of all applicable fees, the Cliffside Park Police Department, Traffic Bureau shall issue a permit for same.
e.
Criteria. A restricted parking zone may, in the discretion of the governing body, be established by ordinance upon application of the following criteria:
1.
No restricted parking zone shall be established except upon submission to the Cliffside Police Department, Traffic Bureau of a complete application by or on behalf of a person with disability, together with adequate supporting documentation and the requisite application fee;
2.
No restricted parking zone shall be established at a location where parking is otherwise prohibited;
3.
No restricted parking zone shall be established at a location where parking will interfere with the normal flow of traffic. Due to the volume of traffic and traffic patterns on Anderson Avenue, Palisade Avenue and Gorge Road, it shall be presumed that a restricted parking zone on Anderson Avenue or Palisade Avenue or Gorge Road will interfere with the normal flow of traffic;
4.
No restricted parking zone shall be established in front of or near the residence of a person with a disability who has access to a driveway, garage, carport or other off-street parking within 100 feet of the residence;
5.
No more than one restricted parking zone per household shall be established in front of or near any residence, that is within 100 feet thereof.
f.
Permits, Renewal and Expiration of Permits.
1.
Upon adoption of an ordinance establishing a restricted parking zone, a restricted parking zone permit authorizing use of the restricted parking zone by the person with disability designated by said ordinance shall be issued. The permit shall be 5 1/2 inches by 8 1/2 inches in size and shall bear the municipal seal of the Borough of Cliffside Park as certification of its authenticity. Only one permit shall be issued for any restricted parking zone.
2.
A restricted parking zone permit shall expire on July 1 of each year after the permit is issued. A restricted parking zone permit may be renewed annually by submitting an application for renewal to the Cliffside Park Police Department, Traffic Bureau no later than May 1 of each year which certifies that the person with disability to whom the permit was initially issued is currently a permanent full-time resident at the address associated with the restricted parking zone.
3.
A restricted parking zone permit shall not be transferable nor may it be issued by other vehicle including those displaying Handicap Placards or deficient license plates. The permit shall identify the specific motor vehicle (by license plates) authorized to park in the restricted parking zone, the location of the restricted parking zone, and the expiration date of the permit. So long as the permit remains valid, no other vehicle shall be authorized to park within the restricted parking zone.
4.
At all times when the authorized vehicle is parked within the restricted parking zone, the restricted parking zone permit shall be displayed prominently within the vehicle so as to be seen from the middle of the street.
5.
A restricted parking zone permit issued in accordance with this provision shall be deemed invalid upon the occurrence of any of the following events or one year after the date of issuance, whichever is earlier:
(a)
The person with a disability designated by the ordinance which established the restricted parking zone is no longer disabled, as defined by this subsection;
(b)
The person with disability designated by the ordinance which established the restricted parking zone is no longer a full-time permanent resident of the residential property associated with the restricted parking zone;
(c)
The owner/operator of the vehicle authorized to park within the restricted parking zone is no longer a full-time permanent resident of the residential property associated with the restricted parking zone;
(d)
The windshield placard or disability identification card issued to the person with disability by the New Jersey Motor Vehicle Commission is revoked, forfeited or expired;
(e)
Parking in the area where the restricted parking zone is located is no longer permitted;
(f)
Parking in the area in the restricted parking zone interferes with the normal flow of traffic;
(g)
Access to a driveway, garage, carport or other off-street parking within 100 feet of the residence associated with the restricted parking zone becomes available;
(h)
The vehicle is no longer registered to the applicant;
(i)
This subsection grants the Council the right to create or remove a restricted parking zone upon adoption of a resolution confirming the Council's decision.
6.
A restricted parking zone permit issued in accordance with this provision may be renewed upon certification by the applicant that the permanent full-time residence of the person with disability has not changed since the permit was issued. A current valid restricted parking zone permit issued prior to the adoption of this subsection remains valid until July 1, 2021 at which time it shall expire if not renewed.
g.
Spaces and Signage. Pursuant to N.J.S.A. 39:4-8.1, the Borough Engineer is hereby designated to determine whether the restricted parking spaces and restricted parking zones established pursuant to this subsection, and any signs erected in association therewith, conform to current standards prescribed by the Manual of Uniform Traffic Control Devices for Streets and Highways adopted by the Commissioner of Transportation and to any other Department of Transportation rules and regulations governing such parking spaces and signs.
h.
Fees. The fee for issuance of a restricted parking zone permit shall be $100. The fee for renewal of a restricted parking zone permit shall be $5.
i.
Prohibited Parking. No person, except those whose vehicle displays appropriate identification, shall park a vehicle in any restricted parking space or restricted parking zone.
[Ord. No. 19-80; Ord. No. 4-93; Ord. No. 2-94; amended 10-31-2023 by Ord. No. 2023-18]
In no event may a vehicle remain parked on any public street for a period exceeding 48 hours within the Borough. Vehicles so parked will be deemed a nuisance, and Police Officers may issue ticket and/or have the vehicle towed and stored. Any and all vehicles which are removed and stored will be done so at the owner’s expense. Regaining possession of said vehicle will commence after any and all fines and fees are paid. The Council reserves the right to established fines, fees, and penalties pursuant to this chapter by Resolution.
[Ord. No. 17-81, S1, 2, 4; Ord. 4-93; Ord. No. 2-94; Ord. No. 7-97; Ord. No. 2-2003; Ord. No. 2008-09, S1; amended 10-31-2023 by Ord. No. 2023-19]
Editor's Note: Prohibition pertaining to parking unattached trailers, campers, utility or boat trailers, or mobile homes may be found in section 3-12 of this Code.
a.
Commercial motor vehicles as described in N.J.S.A. Title 39:1 et seq. and busses, farm or contractor-type equipment such as backhoes, digging equipment are prohibited from parking on any street of the Borough during the hours of 9:00 p.m. to 6:00 a.m. The penalty for parking time limited for commercial vehicles shall be established by Resolution.
b.
Boats or utility trailers and camper type trailers or campers whether affixed or connected to a private passenger car are prohibited from parking on the streets of Cliffside Park between the hours of 9:00 p.m. to 6:00 a.m.
c.
The penalties and fines for any person(s) who shall violate any provision of this section shall be established by Resolution. This section authorizes the Cliffside Park Police Department to Tow any vehicle if deemed necessary, for violation of any provision of this section. Each day that a violation is permitted to exist shall constitute a separate offense.
[Ord. No. 12-1970; Ord. No. 20-80; Ord. No. 12-83; Ord. No. 12-86; Ord. No. 20-89; Ord. No. 3-91; Ord. No. 10-92; Ord. No. 1-98; Ord. No. 7-99]
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 in Schedule IV of Chapter 8A.
[Ord. No. 2-1965; Ord. No. 27-1971]
Trucks over four tons gross weight are hereby excluded from the streets or parts of streets described in Schedule V of Chapter 8A., except for the pickup and delivery of materials.
[Ord. No. 2-1965; Ord. No. 7-1965; Ord. No. 2-1966; Ord. No. 16-1972; Ord. No. 21-1974; Ord. No. 21-77; Ord. No. 8-78; Ord. No. 32-78; Ord. No. 19-79; Ord. No. 28-80; Ord. No. 1-82; Ord. No. 16-82; Ord. No. 8-83; Ord. No. 4-90; Ord. No. 15-94; Ord. No. 1-98; Ord. No. 6-2002; Ord. No. 9-2003, SI; Ord. No. 6-2004, S1; Ord. No. 1-2007; Ord. No. 2009-10; Ord. No. 2017-08]
The streets or parts of streets described in Schedule VI of Chapter 8A are hereby designated as one way streets in the direction indicated.
[Ord. No. 2-1965; Ord. No. 18-81; Ord. No. 24-811; Ord. No. 20-82; Ord. No. 1-2000; Ord. No. 2008-05, SI]
Pursuant to the provisions of R.S. 39:4-140, the streets or parts of streets described in Schedule VII of Chapter 8A 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 RIGHT OF WAY signs are provided for in the designation.
[Ord. No. 2-82; Ord. No. 23-89; Ord. No. 2011-16; Ord. No. 2015-06]
No person shall park a vehicle on the streets or parts of streets described in Schedule VIII of Chapter 8A on school days.
[Ord. No. 2-82; Ord. No. 2011-16]
Pursuant to N.J.S.A. 40:67-16.7, it is hereby authorized that the Chief of Police, or in his absence the ranking police officer, shall have the power to declare the closing of certain streets for the welfare and safety of children attending certain public and private schools in the borough, not to exceed one hour between 7:30 a.m. and 10:00 a.m. and not to exceed one hour between 2:30 p.m. and 4:30 p.m. on any dates on which school is in session under adequate police facilities for such supervision and shall provide for the posting of proper warning signs indicating that the street is closed. Such regulation to be approved by the Mayor and Council and prior thereto receiving approval from the safety department, traffic division of the Motor Vehicle Commission of the State of New Jersey.
[Ord. No. 12-1970; Ord. No. 31-80; Ord. No. 12-86; Ord. No. 20-89; Ord. No. 3-91; Ord. No. 16-93]
The locations described in Schedule IX of Chapter 8A are hereby designated as bus stops.
[Ord. 4/22/57, S6]
No person shall operate or permit the operation of a vehicle so as to permit a U-turn on any street or part of street designated in Schedule X of Chapter 8A.
[Ord. No. 15-77]
No person shall make a turn at any of the locations described in Schedule X-A of Chapter 8A.
[Ord. No. 15-77; Ord. No. 3-91; Ord. No. 2015-10]
No person shall make a turn in the direction indicated at any of the locations described in Schedule X-B of Chapter 8A.
[Ord. No. 20-89; Ord. 5-98]
No person shall make a right turn on a red signal at any of the locations described in Schedule X-C of Chapter 8A.
[New]
Unless another penalty is expressly provided by New Jersey Statute, any person convicted of a violation of this chapter or any supplement thereto shall be liable to a penalty of not more than fifty ($50.00) dollars or imprisonment for a term not exceeding 15 days or both.
[Ord. No. 15-77; Ord. No. 29-80; Ord. No. 20-89; Ord. No. 3-91; Ord. 2008-05, SII]
The lane locations described in Schedule XI of Chapter 8A are designated as "Lane Use Reservations" and traffic shall move only as indicated.
[Ord. No. 11-80; Ord. No. 5-86; Ord. No. 1-98; Ord. No. 2012-10]
The locations described in Schedule XII of Chapter 8A are hereby designated as loading zones.
[Ord. No. 2-85; Ord. No. 3-85]
Traffic control signals shall be installed and operated at the intersections designated in Schedule XIII of Chapter 8A. The traffic signal installation shall be in accordance with the provision of an act concerning motor vehicles and traffic regulations, Subtitle 1 of Title 39 of the Revised Statutes, shall conform to the design, and shall be maintained in operation, as authorized by the Department of Transportation.
[Ord. No. 2-96, S1]
The police chief and/or construction/building code official of the Borough of Cliffside Park are hereby authorized to provide by regulation for the closing of any street or portion thereof to motor vehicle traffic on any day or days during specified hours on any day or days whenever they find that such closing is necessary for the preservation of the public safety, health or welfare.
[Ord. No. 2-96, S2]
Any regulations promulgated by the chief of police and/or construction/building code official under and in accordance with the aforestated subsection 8-15.1 above, shall provide for the posting of proper warning signs of such closing in any street or portion thereof during the time the same is closed in pursuance thereof.
[Ord. No. 2-96, S3]
Any violation of the section or of any regulation promulgated thereunder shall be punished by a fine not to exceed one hundred ($100.00) dollars per incident plus any court costs.
[Ord. No. 2-96, S4]
Any regulations adopted under this section shall not become effective unless and until it has been submitted to and approved by the Commissioner of the Department of Transportation if the closing is more than 48 continuous hours.
[Ord. No. 1-97, S1; Ord. No. 4-97]
a.
No person shall stop or stand a vehicle upon any of the streets or parts of the streets described below:
Name of Street | Sides | Hours | Location |
|---|---|---|---|
1. Winston Drive | Both | All | Entire length |
2. Norman Drive | Both | All | Entire length |
[Ord. No. 1-97, S2; Ord. No. 4-97]
a.
The following streets or part of streets are hereby designated as Through Streets. Stop signs shall be installed near the right side of each street intersecting the Through Street except where Yield signs are provided for in the designation.
Name of Street | Limits |
|---|---|
1. Winston Drive | a. From the municipal corporate line to the prolongation of the southerly curb line of Norman Drive. |
b. From the prolongation of the northerly curb line of Norman Drive to Palisades Avenue. |
[Ord. No. 4-97; Ord. No. 2008-13]
a.
The following described intersections are hereby designated as stop intersections.
Intersection | Stop Signs On |
|---|---|
1. Winston Drive and Norman Drive | Winston Drive (Northwest corner) |
2. Winston Drive and Norman Drive | Norman Drive (Southwest corner) |
3. Edgewater Road eastbound and Cecilia Avenue northbound | Southbound corner of Edgewater Road. |
[Ord. No. 1-97, S3; Ord. No. 4-97]
a.
The speed limit for both directions in traffic in the parking lot shall be ten miles per hour.
b.
The speed limit for both directions of travel in the following roadways:
Name of Roadway | mph | Limits |
|---|---|---|
1. Winston Drive | 15 | Entire length |
2. Norman Drive | 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. |
[Ord. No. 1-97, S4; Ord. No. 4-97]
Any vehicle parked or standing as to obstruct or impede the normal flow of traffic, block entrances or exit ways, loading zones, oil fill stations, any grassy area, pedestrian walkway, or present in anyway a safety or traffic hazard may be removed by towing the vehicle at the owner's or operator's expense.
[Ord. No. 1-97, S5; Ord. No. 4-97]
That all signs, posts, or other necessary materials shall be installed by the borough and paid for by the condominium associations. 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 et seq.
[Ord. No. 1-97, S6; Ord. No. 4-97]
Unless another penalty is expressly provided by New Jersey Statute, this subsection shall control. Every person convicted of a violation of this section or any supplement thereto shall be liable to a penalty of not more than five hundred ($500.00) dollars or imprisonment for a term not exceeding 15 days or both.
[Ord. No. 1-97, S7; Ord. No. 4-97]
a.
If any provision of this section or the application of said provisions to any person or circumstances is declared invalid, such invalidity shall not affect the remainder of this section and, to this end, the provisions of this act are declared to be severable;
b.
If any provision of this section or the application or such provisions to any person or circumstances is declared unconstitutional, same shall not affect the remainder; and
c.
All ordinances or parts thereof inconsistent herewith are hereby repealed to the extent of such inconsistence of this section and to this end, the provisions of this act are declared to be severable.
[Ord. No. 2007-12, S1]
a.
A mid-block crosswalk be and hereby is established in Lafayette Avenue the centerline of which if extended to the property line at a point in the northerly property line of Lafayette Avenue a distance of 23 feet northwesterly from the common property corner of lots 1 and 27 in Block 3501 to a point in the southerly property line of Lafayette Avenue a distance of 11 feet northwesterly from the common property corner of lots 13.01 and 12 in Block 3003 as shown on the current Tax Map of the Borough of Cliffside Park.
[Ord. No. 2014-15]
a.
Commercial Transport Vehicle (hereinafter referred to as "CTV") shall mean and include any autobus, or motor vehicle with a carrying capacity of more than four passengers, not including the driver, used in business of carrying passengers for hire which is held out, announced or advertised to operate or run or which is operated to run over any streets on a public highway of the State, and which is used to transport passengers to a specific place or along a specific route which charges a fare.
Nothing in this provision shall be construed to include taxi cabs, limousines, hotel or ferry buses, or buses employed solely in transporting school children, senior citizens or disabled persons, which are subject to the jurisdiction of other State agencies.
b.
CTV shall only traverse over State and County, and not on any municipality roads.
c.
The CTV road traversing prohibition shall apply only to those streets in the Borough's exclusive jurisdiction and does apply to State and/or County roads that run through the municipality.
d.
This provision and restriction herein shall include trucks and other vehicles in excess of four tons.
e.
Nothing herein shall be construed to prevent any vehicle from making deliveries of merchandise or other property along any street in the municipality or to trucks used by public utility companies in connection with the construction, installation, operation or maintenance of any public utility facility.
[Ord. No. 2014-05]
a.
The provisions of this section shall apply jointly to operators and registered owners of the vehicle.
c.
The Magistrate, in his discretion, may impose community service sentences as follows:
e.
The Magistrate shall not have the authority to suspend the jail sentence of any offender with four (4) or more convictions.
[Added 10-3-2023 by Ord. No. 2023-17]
[Added 10-3-2023 by Ord. No. 2023-17]
Any electric bicycle or electric scooter with a motor less than 750 watts is classified as a "low-speed electric bicycle/scooter."
[Added 10-3-2023 by Ord. No. 2023-17]
Every person riding a low-speed electric bicycle or low-speed electric scooter upon a municipal or county roadway located within the Borough of Cliffside Park shall be granted all the rights and shall be subject to all the duties and penalties applicable to the driver of a vehicle under N.J.S.A. Title 39. Specifically, any person operating a low-speed bicycle or low-speed electrical scooter shall obey all State and Municipal traffic control signals, signs, or other control devices applicable to vehicles unless otherwise directed by a police officer.
[Added 10-3-2023 by Ord. No. 2023-17]
Any electric bicycle or electric scooter with an electric motor greater than 750 watts is not to be considered a "low speed" electric bicycle/scooter and shall be effectively prohibited from operation in the Borough of Cliffside Park, unless such vehicle is specifically authorized by the Motor Vehicle Statutes of the State of New Jersey and is properly registered and insured and operated by a licensed operator.
[Added 10-3-2023 by Ord. No. 2023-17]
a.
Reflective Equipment.
Every low-speed bicycle and low-speed scooter, when operated at nighttime, shall be equipped with a lamp on the front of the vehicle, which shall emit a white light visible from a distance of at least 500 feet to the front, and with a lamp on the rear which shall emit a red light visible from a distance of at least 500 feet to the rear. In addition, red reflectors shall be mounted on low-speed electric bicycles or low speed electric scooters, which shall be visible from all distances from 50 feet to 300 feet when directly in front of a lawful headlamp of a motor vehicle.
b.
Horn or Bell.
Every low-speed bicycle or low-speed scooter shall be equipped with a bell or other device capable of giving an audible signal for a distance of at least 100 feet.
[Added 10-3-2023 by Ord. No. 2023-17]
a.
Control of the Low-Speed Electric Bicycle/Scooter.
The person propelling or riding the low-speed electric bicycle/scooter shall not ride with their feet removed from the pedal/footrests, or with hands removed from the handlebars, nor shall they practice any "trick riding" or hazardous stunts on any streets.
b.
Passengers.
No person operating a low-speed electric bicycle/scooter shall allow another person to ride as a passenger unless the passenger is carried in proper bike seat, trailer, or other accessory that complies with State regulations and the passenger is wearing a properly fitted and fastened helmet meeting the standards set forth in N.J.S.A. 39:4-10.1
c.
Helmets.
All persons operating a low-speed electric bicycle/scooter shall wear helmets pursuant to New Jersey State Statutes.
d.
Driving Restrictions.
1.
No person riding upon any low-speed electric bicycle/scooter shall attach the same or themselves to any vehicle, bus, or truck, on a Municipal or County Roadway, and no operator of any vehicle, bus or truck operating on any Municipal or County Roadway shall knowingly permit any person riding upon a low-speed electric bicycle/scooter to hitch themselves in a tow-like manner to the vehicle, bus or truck;
2.
No person shall operate a low-speed electric bicycle/scooter on any Municipal Sidewalk or pedestrian right-of-way;
3.
No person shall operate a low-speed electric bicycle/scooter while carrying any package, bundle, container, or article which prevents the rider/operator from keeping both hands upon the handlebars;
4.
No person shall operate a low-speed electric bicycle/scooter at speeds that exceed 20 miles per hour (mph);
5.
No person shall operate a low-speed electric bicycle/scooter in a reckless or careless manner which endangers or is likely to endanger the safety or welfare of other persons or property;
e.
Vehicle Storage.
No person shall, for any reason whatsoever, store, leave or bring a low-speed electric bicycle/scooter inside any commercial or multi-family buildings, Municipal buildings, or residential apartment buildings at any time, excepting that the low-speed electric bicycle/scooter may be left or stored in commercial or residential garages;
f.
Charging.
1.
No person shall charge or connect the low-speed electric bicycle/scooter into any electrical power source located within any commercial or multi-family buildings, Municipal Buildings, or residential apartment buildings at any time, excepting low-speed electric bicycle/scooter may be charged in either commercial or residential garages subject to obtaining written approval from the Municipal Fire Code Officials who shall examine the charging equipment and issue a permit, only if the charging station is "UL" (Underwriters Laboratory) approved.
2.
The charging inspection fee shall be waived if the property owner voluntarily submits the charging unit for inspection;
3.
If the charging unit is not voluntarily submitted for inspection to the Fire Code Official, a one-time fee will be issued in the amount of three hundred dollars ($300.00). This fee may be modified by Council resolution.
[Added 10-3-2023 by Ord. No. 2023-17]
This section authorizes the Borough of Cliffside Park Police Department and/or Fire Code Official, respectively, to issues Title 39 and/or Ordinance violation summonses for violators of any Title 39 and/or Ordinance provisions.
[Added 10-3-2023 by Ord. No. 2023-17]
a.
Any violation of this section by an operator of a low-speed electric bicycle/scooter shall be considered a separate violation of this section by such person;
b.
Each violation of this section by an operator of a low-speed electric bicycle/scooter shall be subject to the following penalties:
1.
First Offense: $250 penalty plus Court Costs.
2.
Second Offense: $500 penalty plus Court Costs.
3.
Third and Subsequent Offense: Penalties not less than $500 and no more than $1,000 plus, at the Magistrate's discretion, confiscation of the low-speed electric bicycle/scooter.
4.
Additionally, any and all Title 39 penalties will be enforced as adjudicated.
[Added 10-3-2023 by Ord. No. 2023-17]
a.
Upon the issuance of a summons by the Borough of Cliffside Park Police Department to a person operating a low-speed electric bicycle/scooter, for violation of any regulation contained herein, the Cliffside Park Police Department shall impound the low-speed electric bicycle/scooter and place same in storage, subject to the adjudication of the provisions contained in this section;
b.
Once a low-speed electric bicycle/scooter is impounded by the Cliffside Park Police Department for violation of any provision contained herein, while the operator is pending Municipal Court Appearance, the Court may assess a storage fee of $10 per day, which fee must be paid concurrently with the imposed penalties. If the operator of the low-speed electric bicycle/scooter is acquitted of all summonses, the storage fee shall be waived.