Borough of Highlands, NJ
Monmouth County
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Table of Contents
Table of Contents
[Ord. 0-93-05 § 7-1]
As used in this chapter, words and phrases concerning traffic shall have the meanings ascribed to them in N.J.S.A. 39:1-1.
[Ord. 0-93-05 § 7-2]
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.
[Ord. 0-93-05 § 7-3.1]
The provisions of this chapter imposing a time limit on parking shall not relieve any person of the duty to observe other more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles set forth in N.J.S.A. 39:4-138, or any other New Jersey statute or as hereinafter provided.
[Ord. 0-93-05 § 7-3.2]
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, 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.
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 and storage of such vehicle. The owner shall pay the reasonable costs of removal and storage which may result from the removal before gaining possession of the vehicle.
c. 
The effectiveness of this subsection is contingent upon signs being erected as required by law.
[Ord. 0-93-05 § 7-3.3; Ord. #0-95-11 § 4]
a. 
Whenever snow has fallen and the accumulation is such that it covers the street or highway, no vehicle shall be parked on the following main traveled or major roadways or portions thereof:
Name of Street
Location
Bay Avenue
Entire length
Bay Street
Easterly Side - Entire Length
Borough Hall
The parking area in front of borough hall unless both the parking lot and Bay Avenue have already been plowed
South Bay Avenue
Entire length
Navesink Avenue
Entire length
Linden Avenue
Entire length
Waterwitch Avenue
Both sides, from Linden Avenue to Bay Avenue
b. 
The above parking prohibitions shall remain in effect after the snow has ceased until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.
c. 
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 or public celebrations 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.
d. 
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 the removal and storage which may result from such removal before regaining possession of the vehicle.
e. 
The effectiveness of this subsection is contingent on signs being erected as required by law.
[Ord. 0-93-05 § 7-3.4; Ord. 0-93-10 § 1; Ord. 0-94-01 § 1; Ord. 0-97-14; Ord. 0-98-04; Ord. 0-99-02; Ord. 0-99-15; Ord. 0-00-02; Ord. 0-01-09; Ord. 0-01-10; Ord. 0-01-17; Ord. 0-01-22; Ord. 0-02-25; Ord. O-03-08; Ord. 0-05-04; Ord. O-06-08; Ord. O-09-10; Ord. O-09-18; Ord. No. O-09-22; Ord. No. O-11-13; Ord. No. O-12-13; Ord. No. O-12-16; Ord. No. O-2014-36; Ord. No. O-2015-16; Ord. No. O-2016-11 § 1; Ord. No. O-2017-7]
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. 0-93-05, § 7-3.5; Ord. O-02-24; Ord. No. O-2018-09]
All that portion of lots 5, 6 and 10 in Block 59 on the tax map of the Borough not required for parking of municipal vehicles and marked for public parking are hereby opened for public parking subject to the rules and regulations herein.
a. 
No person shall be permitted, when posted, to park or permit any motor vehicle to remain parked in the parking area continuously for more than 30 minutes within the parking stalls so designated accessible from Bay Avenue. No person shall be permitted, when posted, to park or permit any motor vehicle to remain parked in the parking area continuously for more than eight hours in the rear of the municipal building on lots 5, 6 and 10 in Block 59 accessible from Miller Street and from Second Street. In no event shall any person be permitted to park or permit any motor vehicle to remain parked in said parking area continuously for more than the period of times posted for any designated public parking space.
b. 
All vehicles shall park within the white lines designated for each separate parking space, and any person parking a vehicle over any dividing line, or parking any vehicle beyond the end of such parking lines, shall be guilty of a violation of this subsection.
c. 
Public parking is prohibited at the times and locations specified:
Name of Street
Side
Hours
Locations
Municipal Parking Lot at easterly terminus of Second Street
North
At all times
Parking area to the rear of the Borough Hall
Municipal Parking Lot at easterly terminus of Second Street
South
8:00 a.m. to 6:00 p.m. Mon.—Fri. (except holidays)
Parking area to the rear of the Borough Hall
Shore Drive
North
7:30 a.m. to 5:30 p.m. Mon.—Fri. (except holidays)
From Miller Street eastward to the entrance of the Recycling Yard except that there shall be no parking adjacent to the Fire Department at any time.
d. 
As to the parking area on the north side of Second Street, the Governing Body is empowered to reserve spaces by resolution for specific Borough employees, officials or departments as specified by posted signs or markings on the pavement, and the prohibitions and restrictions set forth in this chapter prior to this amendment do not apply to those Borough employees, officials or departments.
[Ord. 0-97-14; Ord. 0-01-10; Ord. O-02-19; Ord. O-03-05; Ord. No. O-2016-11]
No person shall park a vehicle between the hours specified upon any of the streets or parts of streets described in Schedule IA of Chapter 7A.
[Ord. 0-93-05, § 7-3.6; Ord. 0-93-17, § 1A; Ord. 0-03-09; Ord. O-03-19]
a. 
Owners to Provide Parking Spaces. The owners of all public buildings which provide parking spaces adjacent to or used in conjunction with the public building shall, within 180 days of notice thereof, provide for parking spaces for handicapped persons in accordance with the guidelines herein set forth and in a location and manner as determined by the code enforcement officer. Any parking facility with less than 16 existing spaces shall be exempt from the provisions of this subsection.
b. 
Construction Guidelines. Parking spaces for the physically handicapped shall be constructed according to the following guidelines:
1. 
A minimum of one percent of the total number of parking spaces in the parking facility shall be used for handicapped parking, but these shall be not less than two parking spaces in each such facility.
2. 
The location of the physically handicapped spaces shall be in an area of the parking facility which is most accessible and approximate to the building or buildings which the facility serves. The determination of said location shall be made by the code enforcement officer in conjunction and consultation with the owner. In shopping centers and other multi-store facilities, the handicapped spaces shall be as near to the flagship store as possible and/or at such other locations as may be agreeable between the code enforcement officer and the owner.
3. 
Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in or out of either side of the automobile on a level paved surface suitable for wheeling and walking.
4. 
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
5. 
Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.
c. 
Violation and Penalty. Any person who violates any of the provisions of this subsection shall be subject to a penalty not to exceed five hundred ($500.00) dollars or 90 days in jail, or both.
d. 
The identification placard shall provide a number on it that shall also be placed upon the handicapped parking sign located at the space designated for each respective approved application pursuant to this section. It shall be a violation to park any vehicle in said space which does not display the identification placard with the number corresponding to the number shown on the sign. Notwithstanding the above, this section is not intended to preclude the use of this identification placard in other handicapped spaces, where appropriate, provided that said space(s) do not have the limitation specified herein or any other limitation that would render the use of this placard unlawful.
e. 
Two handicapped parking spaces are hereby authorized and shall be provided at the Miller Beach Parking Lot to be located at the southwestern corner of said lot more particularly described as Block 56, Lot 10.
[Ord. No. O-2018-03]
a. 
Applications for Resident Parking Permits for Persons with Disabilities shall be subject to the following procedure:
1. 
Residents of the Borough of Highlands requesting on-street resident parking for persons with disabilities shall make an application to the Highlands Police Department. The application shall be reviewed and approved or denied by the Chief of Police of the Borough of Highlands. A negative determination may be appealed to the Borough Council if a request from the resident aggrieved is received within twenty (20) days from the date of the Chief's declination.
2. 
Prior to the issuance of a permit pursuant to this subsection, the subject property must pass an on-site inspection by the Highlands Police Department, which inspection shall determine whether parking for persons with disabilities is otherwise prohibited, whether parking for persons with disabilities will interfere with the normal flow of traffic, or whether there is immediate adjacent off-street parking available to the applicant.
3. 
The person requesting on-street resident parking for persons with disabilities must have been issued a wheelchair symbol license plate or windshield placard issued by the New Jersey Motor Vehicle Commission. Said license plate or placard must be displayed in either the applicant's vehicle, or the vehicle of an immediate family member who also resides at that location.
b. 
Upon approval of an applicant's request for on-street resident parking for persons with disabilities, the Borough shall enact an appropriate ordinance designating the name of the subject street, the side of that street where the resident resides, and a description of the allowed parking area in front of the subject residence. Such designation shall be within the property lines of the subject residence, but otherwise shall be subject to the discretion of the Highlands Police Department and the Chief of Police.
c. 
Applications for Resident Parking Permits for Persons with Disabilities that have been granted shall be kept on file with the Borough Clerk and the resident shall be required to update same upon disposing of any vehicle on the application and/or acquisition or leasing of replacement or additional vehicles.
d. 
A sign shall be installed specifically identifying the on-street parking space as being resident parking for persons with disabilities only, and a special permit shall be issued to the resident, which shall be placed in the window of the subject vehicle or be available for production, if requested by law enforcement, which indicates that the applicant is a resident with a disability in possession of the aforesaid special permit.
e. 
The fee for a Resident Parking Permit for Persons with Disabilities shall be $100.00.
f. 
The applicant must comply with the provisions of N.J.S.A. 39:4-138(o) and N.J.S.A. 39:4-197.6 regulating parking for persons with disabilities in designated spaces.
g. 
If the Resident Parking Permit for Persons with Disabilities is no longer necessary for the residence, the resident shall notify the Borough Clerk and the Borough shall remove any signs installed pursuant to subsection (d).
h. 
This section shall in no way permit the Chief of Police or his designee to lift, suspend, or in any way modify those parking restrictions governed by Title 39 of the New Jersey Statutes Annotated.
i. 
Penalty. Any person improperly parking in a properly designated restricted parking space for persons with disabilities shall be subject to the penalty provisions of Section 3-9 of the General Ordinances of the Borough of Highlands.
[Ord. 0-95-11 §§ Preamble-3; Ord. O-00-05; Ord. O-03-14]
a. 
No person shall park or leave unattended any boat, trailer, camper or drivable recreational vehicle, wider vehicles or any other equipment on any borough street, municipal parking lot, or other borough owned property. Equipment shall include all lawn cutting equipment.
b. 
No person shall place any vehicle or other equipment on any borough street for the purpose of performing routine repairs and maintenance. Any repairs that are an emergency to such vehicle or equipment are exempt from this section.
c. 
Excessive leakage of automobile fluids, excluding water shall also be deemed a violation of this section.
d. 
Emergency repairs, towing or changing of flat or defective tires shall not be deemed a violation of this section. With reference to this section special permission for an exemption can only be given in writing by the Chief of Police, his designee or the Borough Administrator.
[Ord. No. O-2017-22]
a. 
Parking on the following "resident-only" streets or portions of said streets shall be restricted at all times to vehicles of residents, their family members and guests displaying a proper permit or placard issued by the Borough Clerk pursuant to this subsection.
[Amended 2-20-2019 by Ord. No. O-19-02]
1. 
Willow Street — entire paved portion on both sides of street no parking any time; Willow Street residents may park on Locust Street.
2. 
Locust Street — entire length on both sides of street to intersection with Willow Street.
3. 
Shore Drive — from the intersection of Marie Avenue north to Willow Street on both sides of the street.
b. 
Residents shall fill out an application on a form to be established providing sufficient information to facilitate the administration of this subsection with the Borough Clerk and obtain a sticker to be affixed to each vehicle owned or leased to the residents of the premises on these streets.
c. 
The application shall be kept on file with the Borough Clerk and the resident(s) shall be required to update same upon disposing of any vehicle on the application and/or acquisition or leasing of replacement or additional vehicles.
d. 
Guest placards, not to exceed two (2) per residence, shall be available at the Borough Clerk's office upon application. These shall be assigned permanently to the applicant for use at the residence and shall be used by guests and/or visitors while parked on resident-only streets.
[Amended 2-20-2019 by Ord. No. O-19-02]
e. 
Upon disposing of any vehicle or moving from the residence, the person or persons so named on the application on file with the Borough Clerk shall advise the Borough Clerk in writing or in person and shall remove and surrender all permits and placards previously issued.
f. 
Permits and placards shall not be sold, traded, assigned or given to another person and may only be used in connection with the street of the residence on the application.
g. 
There shall be no fees charged to the residents for these permits and placards.
h. 
Residents on the following street(s), which due to their limited size or other circumstances resulting in inadequate parking, may also apply for the issuance of guest placards, not to exceed two per residence, to provide guest parking on resident-only streets:
[Added 2-20-2019 by Ord. No. O-19-02[2]]
1. 
Mathews Street.
[2]
Editor's Note: Pursuant to this ordinance, former Subsections h, i, and j were redesignated as Subsections i, j and k, respectively.
i. 
The Chief of Police, or his or her designee, is hereby authorized to suspend the provisions of this subsection under circumstances, for durations, in areas, and at times as the Chief of Police deems, in his or her discretion, appropriate and in the interests of public safety.
j. 
The suspension of the permit parking restriction by the Chief of Police or his or her designee shall not last for a period of time greater than 72 hours.
k. 
This subsection shall in no way permit the Chief of Police or his designee to lift, suspend, or in any way modify those parking restrictions governed by Title 39 of the New Jersey Statutes Annotated.
[1]
Editor's Note: Prior ordinance history: O-2000-07, O-2012-06; O-2012-15.
[Ord. No. O-07-05; Ord. No. O-2013-36]
Temporary permit parking for residents only shall be permitted along the below described roadways shall be allowed for the duration of the Washington Avenue Reconstruction Project:
Roadway
Location
Washington Avenue
Between Bay Avenue and Marine Place
Recreation Place
Between Sea Drift Avenue and Huddy Avenue
Cheerful Place
Between Sea Drift Avenue and Huddy Avenue
Marine Place
Between Sea Drift Avenue and Washington Avenue
Huddy Avenue
Between Cheerful Place and Marine Place
a. 
Parking on the above named streets or portions of said streets shall be restricted at all times to vehicles of residents, their family members and guests displaying a proper permit or placard issued by the Borough Clerk. Guest placards, not to exceed two per residence, shall be available at the Borough Clerk's office upon application. These shall be assigned permanently to the applicant for use at the residence and shall be used by guests and/or visitors while parked on the said streets.
b. 
These regulations shall remain in effect for the duration of the aforesaid construction project, but will in any event, expire no later than nine months from the effective date of this subsection.
[Ord. 0-93-05, § 7-4; Ord. 0-96-10; Ord. 0-97-4; 0-01-09; 0-01-16; Ord. 0-01-23; Ord. O-08-16; Ord. No. O-2014-28; Ord. No. O-2014-36; Ord. No. O-2016-11 § 3; Ord. No. O-2018-04]
The streets or parts of streets described in Schedule II of Chapter 7A are hereby designated as one-way streets in the direction indicated.
[Ord. 0-93-05, § 7-5; Ord. No. O-2016-11 § 6; Ord. No. O-2018-04]
Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described in Schedule III 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 designations.
[Ord. O-01-23]
Vehicles traveling on Grand Tour shall be prohibited from making a left turn onto Bay Street.
[Ord. 0-93-05 § 7-6; Ord. 0-94-24, § 1; Ord. 0-97-04; Ord. 0-97-17; Ord. 0-98-01; Ord. 0-00-08; Ord. 0-00-09; Ord. 0-01-04; Ord. O-09-12; Ord. No. O-2014-25; Ord. No. O-2016-11 § 4; Ord. No. O-2017-10]
Pursuant to the provisions of N.J.S.A. 39:4-140, the stop intersections described in Schedule IV of Chapter 7A are hereby designated as stop intersections. STOP signs shall be installed as provided therein.
[Ord. 0-97-17; Ord. O-09-12]
Pursuant to the provisions of N.J.S.A. 39:4-140, the yield intersections described in Schedule IVA of Chapter 7A are hereby designated as yield intersections. Yield signs shall be installed as provided therein.
[Ord. 0-93-05 § 7-7; Ord. 0-02-07]
The locations described in Schedule V of Chapter 7A are hereby designated as bus stops.
[Ord. 0-93-05, § 7-8; Ord. No. O-2016-11 § 5]
In order to provide access for the cleaning of streets in an orderly fashion, parking shall be prohibited between the hours indicated on the streets or parts of streets described in Schedule VI of Chapter 7A.
[Ord. 0-93-05, § 7-9]
Any person who violates any of the provisions of this chapter or any supplement thereto shall be subject to a penalty not to exceed a five hundred ($500.00) dollar fine or 90 days in jail, or both.
[Ord. 0-01-05; Ord. O-01-23; Ord. O-11-19]
Name of Street
MPH
Location
Atlantic Street
15
From Shore Drive to its terminus at the water
Bay Street
10
Entire length
Twinlight Terrace
10
Entire length
[1]
Editor's Note: Former Section 7-11, Exclusion of Trucks over Four Tons in Weight; Boat Trailers Over 5,000 Pounds in Capacity and Over 25 Feet in Length; Prohibited Forms of Parking and Other Vehicular Prohibitions, previously codified herein and containing portions of Ordinance No. O-93-05 was repealed in its entirety by Ordinance No. O-03-14. See subsection 7-3.7 for parking prohibitions for certain vehicles on certain streets.
[Ord. 0-93-05, § 7-11A; Ord. O-08-16; Ord. O-09-08]
No vehicle with a weight of seven tons or more shall be permitted the use of streets or parts of streets described in Schedule VIIIA of Chapter 7A except for approved municipal purposes and passenger bus transport to and from Twin Light Towers State Park and school bus transportation to and from the Henry Hudson Regional High School.
Violation of this section, unless otherwise provided for by statute, shall carry a penalty of not more than five hundred ($500.00) dollars or imprisonment for a term not exceeding 15 days, or both. Each separate use shall be treated as a separate offense.
[Ord. O-93-05, § 7-12]
No person shall stop or stand a vehicle between the hours specified in Schedule IX of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule IX of Chapter 7A.
[Ord. O-93-05, § 7-13]
This ordinance shall become effective (A) upon passage and publication according to law; and (B) receipt by the Borough Clerk of written acceptance and approval of this ordinance by the New Jersey State Department of Transportation.
[Ord. O-93-05, § 7-14]
This ordinance repeals and replaces the entirety of Chapter 7 of the Revised General Ordinances of the Borough of Highlands. Any ordinance, or part of an ordinance, which is inconsistent herewith is hereby repealed.
[Ord. O-02-04]
a. 
The department of public works is hereby authorized and directed to erect, paint or otherwise provide for and maintain all necessary and proper signs and/or markings in conformity with the requirements of the Manual on Uniform Traffic Control Devices and Highways in order to adequately apprise the public of the existence and location of said traffic and/or parking regulations and to provide the police department with the ability to enforce same.
b. 
The department of public works shall at all points of entry to the Borough of Highlands that are accessible by traffic erect signs which advise that there shall be no parking upon any portion of a street adjacent to a curb marked with yellow paint; where such yellow curb marking is made pursuant to a duly adopted Borough of Highlands Ordinance. Sufficient signs shall also be erected briefing the ordinance provisions pursuant to N.J.S.A. 39:4-198; where such yellow curb marking is made pursuant to a prohibition on parking provided by N.J.S.A. 39:4-138 and other state statutes, then signs shall not be required pursuant to N.J.S.A. 39:4-191.1 et seq.
c. 
The department of public works is authorized and directed to provide signs and/or markings in such other locations as may be deemed necessary to carry out the intent of this section in the present or future as required by changes in the State statutes or borough ordinances or the court decisions interpreting same.
d. 
The Highlands Police Department is empowered to enforce all ordinances in this chapter and statutes so long as signs and markings are provided which comply with the provisions of this section. Nothing contained herein shall be construed to mean that the absence of a sign or marking on a curb shall preclude enforcement of a duly enacted State statute, if said sign or marking is not required by law.