Township of Upper, NJ
Cape May County
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Table of Contents
Table of Contents
[New]
Whenever any words and phrases are used in this chapter, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the New Jersey Statutes Annotated 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 Savings Time as may be in current use in the Township.
[1]
Editor's Note: For further provisions on Parking, see § 3-8, "Parking of Vehicles on Certain Township Streets Prohibited," Chapter 3, Police Regulations.
[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 N.J.S.A. 39:4-138, any other New Jersey statute or as hereinafter provided.
[New]
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, fires and 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 signs.
b. 
Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any police officer may provide for the removal of such vehicle. The owner shall pay the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
c. 
The effectiveness of this subsection is contingent upon the signs being erected as required by law.
[New; Ord. #7-1994, § 1; Ord. #9-1994, § 1; Ord. #7-1995, § 1; Ord. #5-1996, § 1; Ord. #6-1999, § 1; Ord. #2-2001, § 1; Ord. #021-2006, § 1; Ord. #003-2009, § 1; Ord. #020-2009, § 1; Ord. #012-2011 § 1; Ord. #009-2014; Ord. #011-2015 § 1; Ord. #001-2016]
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I included in Chapter 7A.
[New]
No person shall park a vehicle between the hours specified in Schedule II on any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule II included in Chapter 7A.
[New; Ord. #7-1996, § 1]
No person shall stop or stand a vehicle between the hours specified in Schedule III on any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule III included in Chapter 7A.
[New; Ord. #011-2012, § 1]
No person shall park a vehicle for longer than the time limit shown in Schedule IV at any time between the hours listed in Schedule IV on any day upon any street(s) or parts of street(s) described in Schedule IV included in Chapter 7A.
[Ord. #018-2006, § 1; Ord. #002-2008, § 1]
a. 
Unless authorized otherwise by Township Ordinance, the parking of anything other than a licensed vehicle on public streets or alleys shall be unlawful and a violation of this chapter.
b. 
No dumpsters or other devices used to contain construction materials or debris shall be parked on any public street or alley without issuance of a prior permit for such activity. Such permit shall be issued by the Township Zoning Officer following the filing of an application for same and the review and recommendation of said permit by the Township Engineer. The application shall indicate the exact location and length of time requested for parking. Upon recommendation of the Township Engineer the Township Zoning Officer may issue a permit for a specific space for a maximum of 30 days. Said permit shall be renewed for an additional thirty-day period up to a maximum of 180 days. The Township Zoning Officer may deny any such application upon the recommendation of the Township Engineer if such denial is in the best interest of the health, safety and welfare of Township residents or if there would be a significant negative impact on traffic circulation. Any such denial may be appealed to the Township Committee, and after a hearing, on notice to the applicant indicating the applicant has the right to appear and participate in the hearing, the Township Committee may either uphold the denial or issue the permit.
c. 
The fee for said permit shall be set by resolution of the Township Committee.
[Ord. #008-2013]
a. 
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule IA, included in Chapter 7A, without a valid parking permit displayed in its left rear window in such a manner as to be closely examined by an officer.
b. 
Exempt Vehicles. The following shall be exempt from this parking permit subsection:
1. 
Contractors' Service and Delivery Vehicles. Contractors' service and delivery vehicles bearing the name and address of a commercial business may be parked without a permit during the time service is being rendered or repairs are being made to a residence within the permit parking area so long as said vehicle is parked in front of the residence receiving such service.
2. 
Emergency Vehicles. Emergency vehicles, Public Service Electric and Gas Company, Telephone Company and other public utility vehicles may be parked within the permit parking area during the time service is being rendered to the residence adjacent to where such vehicle is parked.
c. 
Administration. Application for parking permits under this subsection shall be made in writing to the Municipal Clerk. Permits shall be granted by the Municipal Clerk under the following terms and conditions:
1. 
A permanent parking permit, valid for one year, shall be issued for every vehicle owned or principally operated by the person who is a resident on a street or portion thereof upon which parking is restricted by this subsection.
2. 
Proof of residency shall be satisfied as follows:
(a) 
A completed application to the Municipal Clerk which includes: applicant name, address, telephone number, license plate number, and whether the applicant is a homeowner or renter. A copy of the vehicle registration must be included with the application.
(b) 
Proof of residency consisting of two of the following current documents: deed, lease, utility bill, telephone bill or tax bill indicating an address on the street or portion thereof upon which the parking is restricted by this subsection.
3. 
An annual visitor parking permit, valid for one year, shall be issued to a person who is a resident on a street or a portion thereof upon which parking is restricted by this subsection, for use by visitors to that residence or unit. A maximum of five annual visitor permits shall be issued to each residence or unit at the time the permanent parking permit is issued.
4. 
A daily visitor parking permit, valid for 24 hours, shall be issued to a person who is a resident on a street or a portion thereof upon which parking is restricted by this subsection, for use by daily visitors to that residence or unit. There is no limitation to the number of daily parking permits that may be issued at anytime.
d. 
There shall be no fee for the issuance of parking permits under this subsection.
[Ord. #6-1982, §§ 2 and 4; Ord. #16-1984, §§ 1 and 3; Ord. #11-1985, §§ 1 and 3; Ord. #10-1986, §§ 3 and 5; New; Ord. #10-1994, § 1; Ord. #4-2000, § 1; amended 10-15-2019 by Ord. No. 015-2019]
Trucks over five tons' gross weight are hereby excluded from the streets or parts of streets described in Schedule V except for the pickup and delivery of materials on such streets, Schedule V being attached to and made a part of this chapter.[1]
[1]
Editor's Note: See § 7A-5.
[New; Ord. #10-1994, § 2; Ord. No. 017-2018]
The streets or parts of streets described in Schedule VI, included in Chapter 7A, are hereby designated as one-way streets in the direction indicated.
[New]
Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described in Schedule VII, included in 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 having sides 36 inches in length are provided for in the designations.
[New; Ord. #19-1990, § 3; Ord. #6-1998, § 1; Ord. #4-2000, § 3]
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described in Schedule VIII, included in Chapter 7A, are hereby designated as Stop Intersections. STOP signs shall be installed as provided therein.
[New]
Pursuant to the provisions of N.J.S.A. 39:140, the intersections described in Schedule IX, included in Chapter 7A, are hereby designated as Yield Intersections. YIELD signs having sides 36 inches in length shall be installed as provided therein.
[New]
The locations described in Schedule X, included in Chapter 7A, are hereby designated as Loading Zones.
The locations described in Schedule XI, included in Chapter 7A, are hereby designated as Taxi Stands.
[New]
The locations described in Schedule XII, included in Chapter 7A, are hereby designated as Bus Stops.
[New]
No person shall make a left turn at any of the locations described in Schedule XIII, included in Chapter 7A.
[New]
No person shall make a U-turn at any of the locations described in Schedule XIV included in Chapter 7A.
[New]
No person shall make a turn at any of the locations described in Schedule XV included in Chapter 7A.
[New]
No person shall make a right turn when facing a steady red signal (STOP) indication whenever an official sign is presented prohibiting such turn on the red signal as described in Schedule XVI included in Chapter 7A.
[Ord. #1-1998, § 1]
No person shall make a right turn at any of the locations described in Schedule XXI included in Chapter 7A.
[New; Ord. #18-1991, § 1; Ord. #5-1992, § 2; Ord. #4-2000, § 2]
The streets or parts of streets described in Schedule XVII, included in 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.
[New; Ord. #10-1997, § 1; Ord. #007-2008, § 1; Ord. #020-2009, § 2; Ord. #012-2011; Ord. #003-2012-A; Ord. #011-2015 § 2]
No person shall park in the area situated on the premises described in Schedule XVIII, included in Chapter 7A, unless they have been issued special vehicle identification cards by the New Jersey Motor Vehicle Commission, when using a motor vehicle for which a special vehicle identification card has been issued by the Commission.
[Ord. #7-1990, § 1]
No person shall park a vehicle between the hours specified on Schedule XX at any public recreation area or at any recreational facility owned by or controlled by the Township of Upper, which facility is described in Schedule XX, included in Chapter 7A.
[Ord. #15-1989, § 1]
The Township of Upper, through its governing body, finds and determines that it is necessary to establish one or more snow removal routes within the Township, as hereinafter provided, and that it is necessary to adopt certain restrictions or regulations in order to promote the public health, safety and welfare. To that end, the allegations of a preamble are incorporated herein, by reference, as a statement of legislative policy.
[Ord. #15-1989, § 2]
The Mayor, or in his absence the Deputy Mayor, or the Township Committee as a whole, or a quorum thereof, may declare the existence of a snow emergency alert within the Township of Upper.
[Ord. #15-1989, § 3]
Whenever a snow emergency alert is declared as provided herein, or whenever the street or roadway is covered with snow, parking shall be prohibited on all Township streets and roads designated on Schedule XIX, Subsection a, included in Chapter 7A.
[Ord. #15-1989, § 4]
Whenever a snow emergency alert is declared as provided herein, or whenever the street or roadway is covered with snow, parking shall be restricted on those Township streets and roads designated on Schedule XIX, Subsection b, included in Chapter 7A, and such restriction shall be as set forth in said schedule.
[Ord. #15-1989, § 5]
Any motor vehicle or other vehicle parked upon a roadway or street within the Township of Upper in violation of this section shall be subject to removal, by towing or otherwise, at the direction of the Township of Upper. Such removal shall be at the sole cost and expense of the owner who shall, likewise, be responsible for any storage charges which may be incurred during such period as the vehicle is stored pending release to the owner. All such charges shall be paid prior to the release of the vehicle. This charge to owner shall be in addition to any other penalties otherwise provided for herein.
[Ord. #11-1996, § 1]
No person shall disobey or fail to follow the order, direction, or other signal of any police officer, sheriff's deputy, New Jersey State Trooper, or other properly authorized law enforcement official within the Township; nor shall any person disobey or fail to follow the traffic instructions on any properly posted traffic control device or traffic signal within the Township.
[New; Ord. #7-1990, § 2; Ord. #11-1996, § 1; amended 10-15-2019 by Ord. No. 015-2019]
The following mandatory fines or penalties are hereby established for the offenses hereinafter set forth:
MANDATORY PENALTIES FOR TRAFFIC VIOLATIONS
Code Section
Description
Penalty
7-3.2
Parking Prohibited During State of Emergency
$50
7-3.3
Parking Prohibited at All Times on Certain Streets
$50
7-3.4
Parking Prohibited During Certain Hours on Certain Streets
$50
7-3.5
Stopping or Standing Prohibited During Certain Hours on Certain Streets
$50
7-3.6
Parking Time Limited on Certain Streets
$50
7-3.8
Parking by Permit Only in Designated Residential Areas
$50
7-5
One-Way Streets
$50
7-6.1
Through Streets
$50
7.6.2
Stop Intersections
$50
7.6.3
Yield Intersections
$50
7-7
Loading Zones
$50
7-8
Taxi Stands
$50
7-9
Bus Stops
$50
7-10.1
Left Turn Prohibition
$50
7-10.2
U-Turn Prohibition
$50
7-10.3
No Turns
$50
7-10.4
Right Turn on Red Traffic Signal Prohibited
$50
7-10.5
Right Turn Prohibition
$50
7-11
Speed Limits
$100
7-13
Parking at Public Recreational Areas or on Township Recreational Facilities
$50
7-15.3
Effects of Declaration; Snowfall; Parking Prohibited
$50
7-15.4
Effects of Declaration; Snowfall; Parking Restricted
$50
7-16
Observance of Lawful Orders and Posted Traffic Regulations
$50
Mandatory court appearances shall be required for those offenses noted below and the penalties for violation of any such ordinance provision shall be a fine of not more than $500 or imprisonment for a term not to exceed 15 days, or both. Any term of imprisonment may be served in community service in the discretion of the Court.
MANDATORY PENALTIES FOR TRAFFIC VIOLATIONS
Code Section
Description
Penalty
7-3.7
Licensed Vehicles Only
Court appearance required
7-4
Trucks Over Five Tons Excluded from Certain Streets
Court appearance required
7-12
Handicapped Parking
Court appearance required
7-15.5
Removal of Vehicles
Court appearance required
[New; Ord. #7-1990, § 2]
All former traffic ordinances of the Township of Upper covered in this Chapter 7, Traffic are hereby repealed except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this ordinance.
If any section, subsection, paragraph, sentence or other part of Chapter 7, as amended and supplemented, is adjudged unconstitutional or invalid, such judgment shall not affect, impair or invalidate the remainder of this chapter, but shall be confined in its effects to the section, subsection, paragraph, sentence or other part of this chapter directly involved in the controversy in which said judgment shall have been rendered and all other provisions of this chapter shall remain in full force and effect.