Chapter 169 Vehicles and Traffic

The Chief of Police shall be authorized to issue a permit for the temporary blocking of a street for the purpose of holding a party or festival. At least 21 to 30 days before the commencement of such party, an application for such permit shall be filed by a bona fide resident of the street to be blocked, who is over the age of 18 and such application shall contact at least the following information:

Letter to all residents at each address affected by the closure of that portion of the street providing notification of the planned event.

Information submission to Chief of Police: Letter to the Chief of Police requesting permit to conduct the block party shall include:

[1]

Signature of adult residing at each address affected by the closure of that portion of the street. Included should be their street address as well as their printed name.

[2]

Assure complete accessibility to area (roadways, etc.) for emergency vehicles.

[3]

Determination will be made by Mount Arlington Police Department.

[4]

Date and hours of operation and rain date (if applicable).

[5]

Copy of Tax Map showing street location and surrounding cross street(s) to be temporarily barricaded.

[6]

In the case of a county road or state road, the county and state must approve of same.

[7]

Hold Harmless Agreement in a form acceptable to the Borough Attorney to be signed by all organizers.

[8]

Contact information of person in charge of the block party; name and phone number.

Notification to Public Works at least 72 hours prior to event to drop off movable barricades based upon availability (a $50 refundable deposit will be required).

Notification to Public Works on next business day to request pickup of movable barricades.

The application may require such additional information as the Borough Council prescribed by resolution.

Fee and determination of approval or disapproval of application. The application shall be accompanied by a fee in the amount of $25. Such fee shall be refundable in the event that the permit is denied. The permit shall be granted by the Chief of Police upon determining that the block party is authorized and responsible. The permit shall be denied if the Chief of Police finds that blocking the street or portion thereof on the date requested in the application will unduly interfere with the flow of vehicular traffic or upon determining that the block party is not authorized. The Chief of Police shall advise the applicant, in writing, of the reason for the denial of the application.

In the event of denial, the applicant may appeal the denial to the governing body. Such Appeal shall be submitted along with the reasons therefor within three days of receipt of the denial. Such appeal shall occur at the next regularly scheduled meeting of the governing body, unless there shall be a special meeting prior to that time.

Validity of permit. A permit issued pursuant to this section shall be valid only for the date and the hours specified thereon, which shall not be before 8:00 a.m. or after 11:00 p.m.

Regulated activities.

During the conduct of a block party the following activities are hereby prohibited:

Sale or consumption of alcoholic beverages on the public street or sidewalks.

Sale of food without first obtaining the authorization and inspection of the Board of Health.

Games of chance.

The block party participants should be mindful of Chapter 118, the Noise Ordinance of the borough.

§ 169-7 Traffic controls for street and highway construction and maintenance operations for roadways under municipal jurisdiction.

The block party must be peaceful and n good order and otherwise compliant with chapter 127 of the Code regarding Peace and Good Order.

Clean-up after block parties. The applicant shall be responsible for removal of litter, debris and other materials from the street or portion thereof used for the block party, which is attributable to or caused by the block party.

Obstacles blocking streets to be movable. A street or portion thereof blocked off for a block party shall not be obstructed by obstacles which cannot be readily moved to allow emergency and hazard vehicles to enter it in response to an emergency.

Limit on number of permits. No more than two permits shall be granted by the Chief of Police in any calendar year for the same block or blocks.

Liability. The persons, organization or association to whom the permit is issued shall be liable for all losses, damages or injuries sustained by any person, whether a participant or spectator at the block party or recreational event, whether or not said losses, damages or injuries arise by reason of the negligence of the person, persons or organization to whom such permit shall have been issued. The Chief of Police shall require the applicant to enter into a Hold Harmless Agreement, which agreement shall provide that the applicant shall agree to save and hold the Borough of Mount Arlington harmless of and from any and all obligations and liabilities which may arise from the temporary street closing which represents the subject matter of the application. The applicant shall further agree as part of these provisions to hold harmless the Borough of Mount Arlington and to defend at this own cost and expenses any claims or lawsuits instituted by third parties, which obligations or liabilities might otherwise exist or be asserted against the Borough of Mount Arlington. The Chief of Police shall further have the option to require that, prior to the issuance of a permit or commencement of the temporary street closing, the applicant submit evidence of liability insurance covering damages to property and injuries to members of the general public arising out of the temporary street closing in such amounts as may be determined by the Chief of Police.

Penalties for offenses. Any person, firm or corporation who shall violate any provision of this chapter shall, upon conviction, be subject to a penalty of not more than $1,000 or imprisonment for a term not to exceed 10 days, or both. Each day of violation shall constitute a separate offense.

§ 169-3 Tow away.

Any vehicle parked in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. The owner shall bear the reasonable costs of removal and storage, which may result from such removal before regaining possession of the vehicle.

§ 169-4 Penalties.

Unless another penalty is expressly provided by New Jersey Statute, every person convicted of a violation of a provision of this chapter or any supplement thereof shall be liable to a penalty of not more than $50 or imprisonment for a term not exceeding 15 days or both.

§ 169-5 Effect of chapter.

If any parts of this chapter are, for any reason, held to be invalid, such decision shall not affect the validity of the remaining portions of this chapter.

§ 169-6 Repeal.

All former Traffic Ordinances of the Borough of Mount Arlington are hereby repealed, and all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this chapter 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 chapter.

Traffic controls for street and highway construction and maintenance operations.

Adoption of the Manual on Uniform Traffic Control Devices for Streets and Highways.

The Borough of Mount Arlington Borough Council 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 or below the ground which requires blocking the street and obstructing the normal flow of traffic, 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 around construction and maintenance zones and to provide safety for the work forces performing these operations.

The Borough of Mount Arlington in the County of Morris, State of New Jersey does hereby adopt the current Manual on Uniform Control Devices for street and highways hereafter known as the M.U.T.C.D., except as hereby supplemented and amended, as it controls and regulates whenever construction, maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor or utilities that fail to comply with the provisions of the M.U.T.C.D. while performing such work is in violation of this section.

Preconstruction meetings. It shall be the responsibility of the person, contractor, or in the case of a public utility as required under the public utility agreement, section 16:25-9.2, wishing to conduct work on, under or above the street to contact the Police Department of the Borough of Mount Arlington in order to arrange a preconstruction meeting in order to submit plans for the safe movement of traffic during such period of construction or work. Any person, contractor or utility who fails to comply with this section prior to the start of work, or whose plans are not approved by the Police Department of the Borough of Mount Arlington is in violation of this section.

Hazardous conditions. The person, contractor or utility shall provide at least two emergency contact telephone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If, for any reason, emergency contact cannot be made or if the emergency contact person does not respond to a call from the Police Department to correct the hazardous condition(s), the Borough of Mount Arlington may respond to correct the hazardous condition(s). The reasonable fees for such emergency services by the Borough of Mount Arlington shall be charged to the person, contractor, or utility responsible for the condition.

Hours. There shall be no construction, maintenance operations, or utility work on any roadway in the borough before the hour of 9:00 a.m. or after 4:00 p.m., or on any Sunday. These restrictions may only be adjusted by the Chief of Police. If it is determined by the Chief of Police that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. and 4:00 p.m.

Road closing. Road closing and/or traffic detours shall not be permitted unless approved by the Chief of Police.

Traffic directors. Traffic directors shall be posted at all construction or maintenance sites when determined by the Chief of Police that same is necessary to provide for the safe and expeditious movement of traffic.

Stop work. The Chief of Police shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, back filling 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.

Site preparation. It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk or right-of-way until all construction, signs, light devices and pavement markings are installed.

Violations and penalties. Any person, contractor or utility who commits a violation of this section shall, upon conviction thereof for the 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 of not less than $250 and/or be imprisoned in the county jail for a term not exceeding 90 days.

A separate offense shall be deemed committed on each day during or on which violation occurs or continues.

Regulations not exclusive. 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.

§ 169-8 Parking prohibited during state of emergency.

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 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 effectiveness of this section is contingent upon signs being erected as required by law.

§ 169-9 Temporary parking prohibition for snow plowing, snow removal, sanding or salting.

Removal. Whenever snow has fallen and the accumulation is such that it covers the streets and highways, an emergency shall exist and no vehicle shall be parked on the streets or highways or portions thereof indicated.

The above parking prohibitions shall remain in effect after the snow has ceased and until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.

Any unoccupied vehicle parked or standing in violation 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 gaining possession of the vehicle.

Name of Streets	Sides	Location
All municipal and county roads	Both	Entire length

§ 169-10 Stopping or standing prohibited during certain hours on certain streets.

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.

Name of Street	Sides	Hours	Location
Howard Boulevard (CR 615)	Both	All	From the Mount Arlington-Roxbury boundary line in a northerly direction to the 2 mile marker

§ 169-11 Parking time limited on certain streets.

No person shall park a vehicle for longer than the time limit between the hours listed on any day (except Sundays and public holidays) upon any of the streets or parts of streets described.

Name of Street	Sides	Time Limit	Hours	Location
(Reserved)

§ 169-12 Parking prohibited for street cleaning.

No person shall cause or permit to be parked any motor vehicle upon any street between the specified hours and days described.

Name of Street	Sides	Hours	Days	Location
(Reserved)

§ 169-13 Parking prohibited at all times on certain streets.

[Amended 3-4-2014 by Ord. No. 02-14]

No person shall park a vehicle at any time upon any streets or parts thereof described.

Name of Street	Sides	Location
Altenbrand Avenue	Both	From its intersection of Howard Boulevard west to the Borough Dock on the shoreline of Lake Hopatcong
Arlington Avenue	Both	From the westerly side of Windemere Avenue in a westerly direction to Lake Hopatcong
Bensel Drive	Both	From Oneida Avenue to a point 260 feet south of the southerly curb line of Reba Road
Bertrand Island Road	Both	Between Roxbury Township-Mount Arlington Borough corporate line and Oak Street
Cove Road	North	Entire length
Cove Road	Both	From its intersection with McGregor Avenue to Lake Hopatcong
Edgemere Avenue	Both	No Parking (Turn around at Dead End)
Harriet Way	Both	From its intersection with Orben Drive to Lake Rogerene
Henry Court	Both	Entire length
Hillside Drive	Both	Entire length
Hopatcong Avenue	Both	West side from its intersection with Edgemere Avenue to Lake Hopatcong
Howard Boulevard (CR 615)	Both	Entire length
Kadel Drive	Both	From the westerly curb line of Howard Boulevard westerly for a distance of 200 feet
Littell Way	Both	Entire length
McGregor Avenue	West	From a point 525 feet southwest of the southerly curb line of James Drive extending 2200 feet southerly
North Dock Lane	Both	From its intersection with North Bertrand Road east to Lake Hopatcong
Oak Path	Both	From its intersection with Orben Drive westerly to Lake Rogerene
Oneida Avenue	Both	From the Roxbury Township-Mount Arlington Borough line east to the westerly curb line of Howard Boulevard
Prospect Avenue [Added 11-6-2019 by Ord. No. 13-19]	Both	From Moutainview Avenue to Summit
Prospect Avenue [Added 11-6-2019 by Ord. No. 13-19]	One side	The bottom portion by Howard Boulevard along the rock wall
Ridgeview Lane	Both	From Howard Boulevard 300 feet west on Ridgeview Lane
Schmitz Terrace	Both	Entire length of road with the exception of the 19 marked parking spaces on the western side of the roadway.
South Dock Lane	Both	From its intersection with South Bertrand Road south to Lake Hopatcong
West Dock Lane	Both	From its intersection with West Bertrand Road west to Lake Hopatcong

§ 169-14 Parking prohibited during certain hours on certain streets.

No person shall park a vehicle between the hours specified any days (except Sundays and public holidays) upon any of the streets or parts of streets described.

Name of Street	Sides	Hours	Location
All streets	Both	11:00 p.m. to 6:00 a.m. from December 1 through March 31	Entire length

§ 169-15 Parking by permit during certain hours on certain days on certain streets.

No person shall park a vehicle on streets or parts of streets as described within the following sections unless an appropriate and current parking permit as issued by the Borough of Mount Arlington is displayed on said vehicle for those streets or parts of streets as described or listed within the following sections:

Section	Street	Location	Hours	Days
(Reserved)

§ 169-16 Parking of certain trucks, vehicles and trailers prohibited.

No person shall park any truck or vehicle over three tons gross vehicle weight (GVW), a school bus, any other type of bus, recreational vehicle, camper, boat or trailer between the hours specified upon any streets or parts of streets described.

Name of Street	Sides	Hours	Location
All streets	Both	10:00 p.m. to 6:00 a.m.	Entire length

§ 169-17 Angle parking.

The following described streets or parts of streets are hereby designated for Angle Parking at an angle so indicated.

Name of Street	Sides	Angle	Location
(Reserved)

§ 169-18 Routes for trucks over tons.

Pursuant to N.J.S.A. 40:67-16.1, the streets or parts of streets as described are hereby designated as "Route for Vehicles Over Tons". All trucks having a total combined registered gross weight of vehicle plus load in excess of tons shall be excluded from all streets, except from those streets listed which form a part of the system of truck routes. Vehicles will be permitted on all streets for the purpose of pick up and delivery of materials.

Name of Street	Location
(Reserved)

§ 169-19 Vehicles over designated weight excluded from certain streets.

Vehicles over the gross vehicle weight are hereby excluded from the streets or parts of streets described except for the pick up and delivery of materials on such streets.

Name of Street	Weight	Limits
(Reserved)

§ 169-20 Trucks over designated weight excluded from certain streets.

Trucks over the gross vehicle weight are hereby excluded from the streets or parts of streets described except for the pick up and delivery of materials on such streets.

Name of Street	Weight	Limits
(Reserved)

§ 169-21 One way streets.

The following described streets or parts of streets are hereby designated as One Way Streets in the direction indicated. Parking on these streets will be permitted on the sides indicated below:

Name of Street	Direction	Limits	Parking Permitted
Arlington Avenue	West	Howard Boulevard to Park Avenue	North side
Bensel Drive Circle	Counterclockwise	Entire length	None
Lakeview Terrace	East	Windermere to Edgemere Avenue	Both
Prospect Street	East	Park Avenue to Howard Boulevard	None
Rogerine Way	Counterclockwise	Entire length	None

§ 169-22 Through streets.

Pursuant to the provisions of N.J.S.A. 36:4-140, the streets or parts of streets described 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
Arlington Avenue	Howard Boulevard to Windermere Avenue
Bensel Drive	Oneida Avenue to Audrey Road
Edgemere Avenue	Howard Boulevard to dead end
Eric Lane	Henmar Drive to Succasunna Road
Henmar Drive/Sandra Drive	Bensel Drive to Roxbury Township corporate line
Howard Boulevard	Entire length within the boundaries of Mount Arlington
Kadel Drive	Howard Boulevard to Windemere Avenue
Reba Road	Eric Lane to Bensel Drive
Windemere Avenue	Edgemere Avenue to Altenbrand Avenue
Windemere Avenue/Attenbrand Avenue	Roxbury Township line to Howard Boulevard

§ 169-23 Stop intersections.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as Stop Intersections. Stop signs shall be installed as provided therein.

Intersection	Stop Sign(s) On
Altenbrand Avenue/Mountain View Avenue	Mountain View Avenue
Altenbrand Avenue/Windemere Avenue	Windemere Avenue
Audrey Road/Barbara Road	Barbara Road
Audrey Road/Bensel Drive	Bensel Drive (easterly side)
Audrey Road/Curtis Drive	Curtis Road
Audrey Road/Reba Road	Reba Road
Barbara Road/Joan Court	Joan Court
Bensel Drive/Oneida Avenue	Bensel Drive
Berkshire Avenue/Mountainview Avenue	Mountainview Avenue
Bertrand Island Road/Hilliard Road	Hilliard Road
Cove Road/McGregorAvenue	McGregor Avenue
Dell Road/Henmar Drive	Dell Road
Dorothy Lane/Stanley Place	Dorothy Lane
Dunlap Street/Rooney Road	Dunlop Street
Edgemere Avenue/Windemere Avenue	Windemere Avenue
Elizabeth Way/Spruce Path	Spruce Path
Eric Lane/Succasunna Road	Eric Lane
Fern Place/North Glen Avenue	Fern Place
Hilliard Road/Logan Way	Logan Way
Maple Path/Orben Drive	Maple Path
McGregor Avenue/James Drive	James Drive
Mountainview Avenue/North Glen Avenue	North Glen Avenue
North Bertrand Road/Oak Street	Oak Street
North Bertrand Road/Willow Street	Willow Street
Orben Drive/Laurel Path	Laurel Path
Orben Drive/Spruce Path	Spruce Path
Prospect Street/Mountainview Avenue	Mountainview Avenue
Prospect Street/Park Avenue	Park Avenue (both sides)
Ridgeview Lane/Library Exit	Library Exit
Rooney Road/Park Avenue	Park Avenue (both sides)
Seasons Drive/Valley Road	Valley Road
South Bertrand Road/Oak Street	Oak Street
South Bertrand Road/Willow Street	Willow Street
South Glen Avenue/Sunset Terrace	South Glen Avenue
Spruce Path/Sherwood Way	Sherwood Way
Succasunna Road/Lillian Road	Lillian Road
Trailwood Drive/Elizabeth Way [Added 11-6-2019 by Ord. No. 13-19]	Elizabeth Way
Trailwood Drive/Orben Drive [Added 11-6-2019 by Ord. No. 13-19]	Trailwood Drive

§ 169-24 Multi-way stop intersections.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections herein described are designated as Multi-Way Stop Intersections. Stop signs shall be installed as provided herein.

Intersection	Stop Sign(s) On
(Reserved)

§ 169-25 Yield intersections.

Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as Yield Intersections. Yield sign shall be installed as provided herein.

Intersection	Yield Sign(s) On
(Reserved)

§ 169-26 Turn prohibitions.

No person shall make a turn at any location listed and only in the manner described.

Intersection	Turn Prohibited	Movement Prohibited
North Glen Avenue/Windemere Avenue	Left	Westbound from North Glen Avenue to southbound Windemere Avenue

§ 169-27 No turn on red.

No person shall make a turn on the red signal at any location listed.

Intersection	Direction of Travel	Prohibited Turn on Red
(Reserved)

§ 169-28 Loading zones.

The locations described are hereby designated as Loading Zones. No person shall park a vehicle in said location during the times indicated other than for the loading or unloading of goods and materials.

Street	Time	Sides	Location
(Reserved)

§ 169-29 Bus stops.

[Added 2-27-2006 by Ord. No. 03-06]

The locations described are hereby designated as Bus Stops. No vehicle other than an omnibus, picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.

Street/Location	Hours
(Reserved)

§ 169-30 Taxi stands.

The locations described are hereby designated as Taxi Stands. No vehicle other than a taxi shall be permitted to occupy said locations during the times indicated.

Street	Location	Hours
(Reserved)

§ 169-31 Lane use reservations.

The lane locations described are designated as Lane Use Reservations and traffic shall move as indicated.

Intersection or Location	Movement
(Reserved)

§ 169-32 Speed limits.

The speed limits for both directions of traffic along the streets or parts thereof described below and made part of this chapter are hereby established at the rate of speed indicated.

Regulatory and warning signs shall be erected and maintained to effect the above designated speed limits.

Name of Street	MPH	Limits	Approval Date
(Reserved)

§ 169-32.1 Low speed vehicles.

[Added 3-12-2007 by Ord. No. 03-07]

The operation of low speed vehicles, as defined at N.J.S.A. 39:1-1, is prohibited on any borough roadway.

§ 169-33 Mid-block crosswalks.

The following locations are hereby designated as Mid-Block Crosswalks.

Name of Street	Location
(Reserved)

§ 169-34 Older and walking impaired persons crosswalks.

Pursuant to N.J.S.A. 39:4-183.1b, the following locations shall be established as Crosswalks for the Older and Walking Impaired Persons.

Name of Street	Location
(Reserved)

§ 169-35 No passing zones.

No Passing Zones are hereby established and shall be maintained upon the following described streets or parts thereof.

Name of Street	Sketch No.	Date	Approval Date
Bertrand Island Road
Seasons Drive (from Howard Boulevard to the intersection of Hillside Drive)
Hillside Drive (from Howard Boulevard to Seasons Drive)

§ 169-36 Handicapped parking.

Handicapped parking on streets. In accordance with the provisions of N.J.S.A. 39:4-197, the following street locations are designated as Handicapped Parking Spaces. Such spaces are for use by persons who have been issued special identification cards, plates, or placards by the New Jersey Motor Vehicle Commission or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Street	Number of Spaces	Location
(Reserved)

Handicapped parking on streets for private residences. In accordance with the provisions of N.J.S.A. 39:4-197, the following on-street locations are designated as Handicapped Parking Spaces in front of private residences occupied by handicapped persons. Such spaces are for use by persons who have been issued special identification cards, plates, or placards by the New Jersey Motor Vehicle Commission or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Street	Location	Permit Number
(Reserved)

Handicapped parking in municipal parking lots and Board of Education property. In accordance with the provisions of N.J.S.A. 39:4-197, the following municipal off-street parking lots and Board of Education property are designated as Handicapped Parking Spaces. Such spaces are for use by persons who have been issued special identification cards, plates, or placards by the New Jersey Motor Vehicle Commission or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Property	Number of Spaces	Location
Civic Center North Glen Avenue	3	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Edith Decker School 235 Howard Boulevard	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Mount Arlington Library 33 Howard Boulevard	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Mount Arlington School 446 Howard Boulevard	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Municipal Building 419 Howard Boulevard	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Police Department 520 Altenbrand Avenue	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT

Handicapped parking on private property open to the public and to which the public is invited (retail business). In accordance with the provisions of N.J.S.A. 40:48-2.46, the following off street parking lots are designated as Handicapped Parking Spaces. Such spaces are for use by persons who have been issued special identification cards, plates, or placards by the New Jersey Motor Vehicle Commission or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Property	Number of Spaces	Location
Arlington Caterers 450 Howard Boulevard	5	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Bank of America	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Carriage Club 1 Hillside Drive	7	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Courtyard by Marriot 15 Howard Boulevard	9	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Davy's Dogs 12 Howard Boulevard	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Elks Club 201 Howard Boulevard	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
22 Howard Boulevard	5	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
111 Howard Boulevard	5	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Mount Arlington Exxon 10 Howard Boulevard	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Mount Arlington Plaza 181 Howard Boulevard	10	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Mount Arlington Post Office 385 Howard Boulevard	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
New China 393 Howard Boulevard	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
New Seasons 2 Hillside Drive	4	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Pub 199 199 Howard Boulevard	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Recreation Building Ridgeview Lane	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Ridgeview #1—Atlantic	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Ridgeview #2—Ardsley	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Ridgeview #3—Westmoreland	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Ridgeview #4—Edgemere	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Ridgeview #5—The Bon Air	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
100 Valley Road	3	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
200 Valley Road	4	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
400 Valley Road	12	As indicated on the sketch or map on file with the Borough Clerk and NJDOT

Handicapped parking on all other private property. In accordance with the provisions of N.J.S.A. 39:5A-1, the following off-street parking locations are designated as Handicapped Parking Spaces. Such spaces are for use by persons who have been issued special identification cards, plates, or placards by the New Jersey Motor Vehicle Commission or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Property	Number of Spaces	Location
Brookside Lane Building 1-15	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Brookside Lane Building 25-47	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Brookside Lane Building 36-54	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Brookside Lane Building 51-69	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Brookside Lane Building 56-80	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Community Clubhouse Community Lane	2	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Crestview Lane Building 11-20	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Crestview Lane Building 21-30	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Crestview Lane Building 41-50	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Crestview Lane Building 62-71	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Crestview Lane Building 82-91	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Crestview Lane Building 101-111	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Maple Lane Building 34-48	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Maple Lane Building 52-66	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Maple Lane Building 57-75	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Maple Lane Building 68-82	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Our Lake of the Lake School Park Avenue/Rooney Road	3	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Spruce Terrace Building 2-20	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT
Spruce Terrace Building 24-44	1	As indicated on the sketch or map on file with the Borough Clerk and NJDOT

Handicapped parking in municipal parks. In accordance with the provisions of N.J.S.A. 39:5A-4, the following off-street parking locations are designated as Handicapped Parking Spaces. Such spaces are for use by persons who have been issued special identification cards, plates, or placards by the New Jersey Motor Vehicle Commission or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.

Property	Number of Spaces	Location
Fireman's Field (Altenbrand Avenue new parking lot)	4	As indicated on the site plan
Memorial Park	1	As indicated on the site plan

Signs, pavement markings, installation and maintenance. The owners of the premises referred to in Sections 169-36C, 169-36D and 169-36E shall provide and install signs and pavement markings for each parking space reserved for the use of handicapped persons, which signs and markings shall be in accordance with the Manual on Uniform Traffic Control Devices. The cost of procurement and installation of the signs and pavement markings shall be the responsibility of the owner of said property. The owner shall subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Mount Arlington. The owner shall be responsible for the repair and restoration of same.

§ 169-37 Control for the movement and the parking of traffic on public and private property.

Regulation for the movement and parking of traffic on municipal property and Board of Education property. In accordance with the provisions of N.J.S.A. 39:4-197, the listed municipal and Board of Education property shall have the movement of traffic controlled by the type of regulation indicated. No person shall operate or park a vehicle in violation of the regulations indicated.

All vehicles must park in the designated areas and between the painted lines.

The speed limit in all directions in all parking lots is 15 miles per hour.

Any vehicle parked in violation of this chapter shall be deemed a nuisance and menace to the safe and proper regulation of traffic. Any Mount Arlington police officer may provide for the removal of a vehicle found in violation. The vehicle owner shall bear all reasonable costs for towing and storage before regaining possession of the vehicle.

Property	Regulation	Location
Firemen's Field Mountainview/Prospect (new parking area)	Parking limited to 4 hours. No overnight parking. For Borough use only.	As shown on the map or sketch on file with the Borough Clerk and NJDOT
Firemen's Field/Playground Altenbrand Avenue (new parking area)	Parking limited to 4 hours. No overnight parking	As shown on the map or sketch on file with the Borough Clerk and NJDOT
404 Howard Boulevard	No parking, stopping, standing, for borough or emergency vehicle use only.	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
Memorial Park Block 44 driveway	No parking, stopping, standing, emergency vehicle use only	From North Glen Avenue to the pond
Mount Arlington Library 333 Howard Boulevard	One Way Street Parking in designated spaces only. No parking, stopping, standing. For borough emergency vehicle use only	As shown on the map or sketch on file with the Borough Clerk and NJDOT
Municipal Beach (lower lot) Altenbrand Avenue (lots 12 or 13 in Block 18 as shown on the tax maps	No overnight parking, no parking between the hours of 10:00 p.m. and 5:00 a.m., entire length	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
Municipal Building 419 Howard Boulevard	One Way	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
	No Stopping/Standing	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
	Reserved Parking	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
Municipal Parking Lot (Top of Borough Beach) (new parking area)	Parking limited to 4 hours. No overnight parking. For van use only.	As shown on the map or sketch on file with the Borough Clerk and NJDOT
Police Department 520 Altenbrand Avenue	8 spaces for police vehicle only, marked with posted signs	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
Roller Rink Altenbrand Avenue (Lot 12/in Block 18 as shown on the Tax Maps)	No parking anytime between Altenbrand Avenue and the Roller Rink	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
Tennis Courts Sandra Drive (Lots 17A in Block 61 as shown on the Tax Maps)	No overnight parking, no parking between the hours of 10:00 p.m. and 5:00 a.m., entire length	As indicated on the map or sketch on file with the Borough Clerk and NJDOT

Regulation for the movement and parking of traffic on private property open to the public and to which the public is invited. In accordance with the provisions of N.J.S.A. 40:48-2.46, the following private property that is open to the public and to which the public is invited, the movement of traffic shall be controlled by the regulations listed herein. No person shall operate or park a vehicle in violation of the listed regulations.

Property	Regulation	Location
Carriage Club 1 Hillside Drive (replaces old fire land)	No Stopping or Standing	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
Courtyard by Marriot 15 Howard Boulevard (name change) (replaces old fire lane)	No Stopping or Standing	As shown on the map or sketch on file with the Borough Clerk and NJDOT
111 Howard Boulevard	No Stopping or Standing	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
Mount Arlington Plaza 181 Howard Boulevard	No Stopping or Standing	As shown on the map or sketch on file with the Borough Clerk and NJDOT
New Seasons 2 Hillside Drive (replaces old fire lane)	No Stopping or Standing	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
100 Valley Road	No Stopping or Standing	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
200 Valley Road	No Stopping or Standing	As indicated on the map or sketch on file with the Borough Clerk and NJDOT
400 Valley Road	No Stopping or Standing	As indicated on the map or sketch on file with the Borough Clerk and NJDOT

The owners of the premises referred to in this section shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the current Manual on Uniform Traffic Control Devices (MUTCD). The cost of signs and installations shall be the responsibility of the owner of said property. The owner shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Mount Arlington.

The penalty for a violation and conviction of this section shall not be less than $50 nor more than $1000 and/or imprisonment in the county jail for a term not to exceed 90 days, or a period of community service not to exceed 90 days.

Regulation of the movement and parking of traffic on all other private property. In accordance with the provisions of N.J.S.A. 39:5A-1, the regulations of Subtitle 1, Title 39 of the Revised Statutes are hereby applicable to the properties listed below.

Seasons Glen Development.

Parking. All vehicles must park only in designated areas and between the painted lines provided.

Handicapped parking. All stalls shall be 12 feet wide as shown on the attached sketch or map on file with the Borough Clerk and signed with R7-8 (reserved parking sign and penalty plate), in the designated parking areas for persons who have been issued a handicapped parking permit by the Division of Motor Vehicles or a temporary handicapped placard by the Chief of Police.

Through streets. The streets or parts of streets described 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 on the designation.

Name of Street	Limits
Hillside Drive	Howard Boulevard to Seasons Drive
Mulberry Lane	Seasons Drive to 100 feet west of Sycamore Way
Seasons Drive	Beginning at Howard Boulevard to its terminus

Stop intersections. The intersections described are hereby designated as Stop Intersections. Stop Signs shall be installed as provided therein.

Intersection	Stop Sign(s) On
Birch Terrace/Magnolia Lane	Magnolia Lane
Brookside Lane and Brookside Lane South Leg	Brookside Lane and South Leg
Community Lane/Hickory Way	Hickory Way (both sides)
Crestview Lane/Magnolia Lane	Crestview Lane

Speed limits. The speed limits for both directions of traffic in all parking lots shall be 15 miles per hour. The speed limits for both directions of travel on the listed roads are as indicated.

Name of Street	Speed Limit	Location
All streets	25 mph	Entire length

(f)

Tow away. Any vehicle parked or standing in violation of this chapter or as to obstruct or impede the normal flow of traffic or any vehicle blocking any entrances or exits, loading zones, oil fills, or any grass area or any pedestrian walkway or otherwise presents a safety or traffic hazard in any way will be deemed a nuisance and menace to the safe and proper regulation of traffic. Any Mount Arlington police officer may provide for the removal of such vehicle found in violation. The vehicle owner shall bear all reasonable costs for towing and storage before regaining possession of the vehicle.

(g)

Restricted parking. No person shall stop or stand a vehicle any time upon any of the streets or parts of streets designated.

Name of Street	Side(s)	Hours	Location
All streets	Both	All	Entire length

(h)

Signs, posts and other materials. All signs, posts, or other necessary materials shall be installed and paid for by the applicant. Work shall be checked by the Police Department to ensure installations meet State and Federal specifications and all signing shall conform to the current Manual on Traffic Control Devices.

(i)

Fines and penalties. Unless another penalty is expressly provided by New Jersey State Statute, every person convicted of a violation of this section or any supplement thereto shall be liable to a penalty of not more than $200 or imprisonment for a term not exceeding 15 days, or both.

100 Fieldstone Drive (apartment site).

[Added 6-11-2019 by Ord. No. 09-19]

Parking. All vehicles must park only in designated areas and between the painted lines.

Handicapped parking. All stalls shall be as shown on Sheet 4 of 30 of the Omland Plan on file with the Borough Clerk and signed with R7-8 (reserved parking sign and penalty plate), in the designated parking areas for persons who have been issued a handicapped parking permit by the Division of Motor Vehicles or a temporary handicapped placard by the Chief of Police.

Stop intersections. The intersections described are hereby designated as stop intersections. Stop signs shall be installed as provided therein.

Intersection	Stop Sign(s) On
Fieldstone Court/Garage 1 Parking Lot	Garage 1 Parking Lot
Fieldstone Court/Garage 2 Parking Lot	Garage 2 Parking Lot
Fieldstone Court/Parking Lot West of Bldg. 7	Parking Lot West of Bldg. 7
Fieldstone Drive/DeMarino Drive	DeMarino Drive
Valley Road/Fieldstone Drive	Woodmont Court
Valley Road/Woodmont Court	Woodmont Court
Woodland Way/Fieldstone Court	Woodland Way
Woodmont Court/Bldg. 1 Parking Lot	Bldg. 1 Parking Lot
Woodmont Court/DeMarino Drive	DeMarino Drive
Woodmont Court/Garage 9 Parking Lot	Garage 9 Parking Lot
Woodmont Court/Garage 13 Parking Lot	Garage 13 Parking Lot
Woodmont Court/Maintenance Bldg. Parking Lot	Maintenance Bldg. Parking Lot

Speed limits. The speed limits for both directions of traffic in all parking lots and on streets shall be as indicated.

Name of Street	Speed Limit	Location
All streets	25 mph	Entire length

(f)

Restricted parking. No person shall stop or stand a vehicle any time upon any of the streets or parts of streets designated.

Name of Street	Side(s)	Hours	Location
All streets	Both	All	Entire length

(g)

Signs, posts and other materials. All signs, posts, or other necessary materials shall be installed and paid for by the applicant, or its successor in interest; they shall meet state and federal specifications and conform to the current Manual on Traffic Control Devices.

(h)

Shadow Woods (townhome/single-family site).

[Added 6-11-2019 by Ord. No. 10-19]

Parking. All vehicles must park only in designated areas and between the painted lines.

Handicapped parking. All stalls shall be as shown on Sheet 9 of 34 of the Omland Plan on file with the Borough Clerk and signed with R7-8 (reserved parking sign and penalty plate), in the designated parking areas for persons who have been issued a handicapped parking permit by the Division of Motor Vehicles or a temporary handicapped placard by the Chief of Police.

Stop intersections. The intersections described are hereby designated as stop intersections. Stop signs shall be installed as provided therein.

Intersection	Stop Sign(s) On
Woodland Way and Shadetree Lane	Shadetree Lane
Woodland Way and Trailwood Drive	Trailwood Drive

Speed limits. The speed limits for both directions of traffic in all parking lots and on streets shall be as indicated.

Name of Street	Speed Limit	Location
All streets	25 mph	Entire length

§ 169-39 Use and operation of low-speed electric bicycles, low-speed electric scooters, motorized bicycles and motorized scooters.

(f)

Restricted parking. No person shall stop or stand a vehicle any time upon any of the streets or parts of streets designated.

Name of Street	Side(s)	Hours	Location
All streets	Both	All	Entire length

(g)

Signs, posts and other materials. All signs, posts, or other necessary materials shall be installed and paid for by the property manager, or its successor in interest and they shall meet state and federal specifications and the current Manual on Traffic Control Devices.

(h)

Regulation for the movement and parking of traffic in municipal parks. In accordance with the provisions of N.J.S.A. 39:5A-4, the regulations of Subtitle 1, Title 39 of the Revised Statutes are hereby made applicable to the properties listed below.

Property	Regulation	Location
(Reserved)

Signs, pavement markings, installation and maintenance. The owners of the premises referred to in Sections 169-37B and C shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the Manual on Uniform Traffic Control Devices. The cost for the procurement and installation of the signs and pavement markings shall be the responsibility of the owner of said property. The owner shall subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Mount Arlington. The owner shall be responsible for the repair, restoration, or replacement of same.

§ 169-38 Engine braking regulations.

[Added 12-1-2020 by Ord. No. 08-2020]

Definitions. As used in this section, the following terms shall have the meanings indicated:

ENGINE BRAKING

The use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in the excessive, loud, unusual, or explosive noise from such vehicle.

Prohibition. It shall be unlawful for the driver of any motor vehicle to use or operate or cause to be used or operated, at any time and on any road within the Borough of Mount Arlington, any mechanical exhaust or decompression device which results in the practice known as "engine braking."

Exceptions. The provisions of this section shall not apply where engine braking is necessary for the protection of persons and/or property which cannot be avoided by application of an alternative braking system. Noise caused by the application of engine compression brakes, otherwise known as "engine braking," which is effectively muffled, or if the application is necessary for the health, safety, and welfare of the community, is exempt from the provisions of this section. Sounds created by emergency equipment for emergency purposes are also exempt. The provisions of this section shall also not apply to the operation of any motor vehicle upon those portions of Interstate Highway Route 80 located within the Borough of Mount Arlington.

Posting of signs. The Borough is hereby authorized to post, at reasonable locations within the Borough, signs indicting the prohibition of engine braking.

Violations and penalties. Unless another penalty is expressly provided by New Jersey statute, any person or entity convicted of a violation of this section shall be punished, for a first conviction thereof, by a fine of not more than $100 or by imprisonment for a period not to exceed 10 days, or by both such fine and imprisonment. For a second such conviction, such person or entity shall be punished by a fine of not more than $200 or by imprisonment for a period not to exceed 20 days, or by both such fine and imprisonment. Upon the third or any subsequent conviction, such person or entity shall be punished by a fine of not more than $500 or by imprisonment for a period not to exceed six months, or by both such fine and imprisonment.

[Added 12-2-2025 by Ord. No. 08-2025]

Applicability of this section.

The provisions of this section shall apply to all roadways under the jurisdiction of the Borough of Mount Arlington and subject to regulation by the Mayor and Council of the Borough of Mount Arlington, and all facilities, parks, property and public sidewalks within the Borough owned, or under the control or supervision of the Borough of Mount Arlington.

This section shall not apply to, nor shall it be construed to regulate, directly or indirectly, in any manner, the use or operation of any powered or motorized wheelchair, medical device, mobility scooter or similar mobility assisting devices designed for use by persons with disabilities, medical conditions or by persons whose ambulatory mobility has been impaired by age or illness.

Nothing in this section shall be construed to apply, regulate or prohibit activity that is exempt from, or not subject to, Borough regulation pursuant to State law. If any provision of this section is inconsistent with the statutes and/or regulations of the State of New Jersey, the State statutes and/or regulations shall prevail. Nothing in this section is intended, nor shall be construed, to supersede any applicable State laws.

Definitions. The following term shall have the meanings indicated:

BOROUGH FACILITY, PARK OR PROPERTY

All buildings, facilities, structures, parks, recreation facilities, playgrounds, athletic fields, beaches, parking lots and other lands and real property owned or under the control or supervision of the Borough of Mount Arlington upon which the public is invited or upon which the public is permitted, including but not limited to any parking area, driveway or drive aisle.

LOW-SPEED ELECTRIC BICYCLE

A two or three-wheeled vehicle with fully operable pedals and an electric motor of less than 750 watts, that meets the requirements of one of the following classifications: "class 1 low-speed electric bicycle" which means a low-speed electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour; or "class 2 low-speed electric bicycle" which means a low-speed electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour. This term shall not include: electric personal assistive mobility devices, motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.

LOW-SPEED ELECTRIC SCOOTER

A scooter with a floorboard that can be stood upon by the operator, with handlebars, and an electric motor that is capable of propelling the device with or without human propulsion at a maximum speed of less than 19 miles per hour. This term shall not include: electric personal assistive mobility devices, motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.

MOTORIZED BICYCLE

A pedal bicycle having a helper motor characterized in that either the maximum piston displacement is less than 50 cc. or said motor is rated at no more than 1.5 brake horsepower or is powered by an electric drive motor and said bicycle is capable of a maximum speed of no more than 25 miles per hour on a flat surface or a pedal bicycle having an electric motor that is capable of propelling the bicycle in excess of 20 miles per hour with a maximum motor-powered speed of no more than 28 miles per hour on a flat surface. This term shall not include a low-speed electric bicycle or low-speed electric scooter as defined in this section.

MOTORIZED SCOOTER

A miniature motor vehicle and includes, but is not limited to, pocket bikes, super pocket bikes, scooters, mini-scooters, sport scooters, mini choppers, mini motorcycles, motorized skateboards and other vehicles with motors not manufactured in compliance with Federal Motor Vehicle Safety Standards and which have no permanent Federal Safety Certification stickers affixed to the vehicle by the original manufacturer. This term shall not include: electric personal assistive mobility devices, motorized bicycles, low-speed vehicles, low-speed electric bicycles, or low-speed electric scooters; or motorized wheelchairs, mobility scooters or similar mobility assisting devices used by persons with physical disabilities, or persons whose ambulatory mobility has been impaired by age or illness.

PEDESTRIAN

A person who is afoot and who is not operating, seated on, riding, occupying, entering into or alighting from a low-speed electric bicycle, low-speed electric scooter, motorized bicycle, motorized scooter, vehicle or other motor propelled device.

SIDEWALK

A sidewalk owned, controlled or maintained by the Borough. The term shall not include sidewalks or walkways on private property in shopping centers, apartment complexes, office building sites or any other private property.

Incorporation of new jersey e-bike and e-scooter laws and regulations. New Jersey state laws and regulations governing low-speed electric bicycles, low-speed electric scooters, motorized bicycles and motorized scooters, all as defined by N.J.S.A. 39:1-1, including N.J.S.A. 39:4-15.6 and Title 39 of the New Jersey statutes and any regulations promulgated pursuant thereto, are incorporated herein by reference, and shall also govern the use and regulation of such low-speed electric bicycles, low-speed electric scooters, motorized bicycles and motorized scooters within the Borough of Mount Arlington.

Operation of low-speed electric bicycles, low-speed electric scooters, motorized bicycles and motorized scooters.

Obedience to traffic control devices.

Every person riding or propelling a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter upon any Borough Roadway shall observe all traffic rules and regulations applicable hereto, and shall turn only at intersections, signal for all turns, ride at the right-hand of the street (or otherwise ride within any designated bike route) in the Borough, pass to the left when passing overtaken vehicles and individuals that are slower moving and shall pass vehicles to the right when meeting. All persons operating and propelling a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall comply with the motor vehicle and traffic regulations of the State of New Jersey, as well as those of the County of Morris and the Borough, as applicable.

A person operating a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter on a Borough roadway is not required to register the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter, furnish proof of insurance, or have a driver's license.

Riding on Borough roadways and bicycle paths generally.

Whenever a bicycle lane has been established on a Borough roadway, any person operating a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall ride within the bicycle lane.

No person under 17 years of age shall operate or ride upon a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter as a driver or passenger on any Borough roadway, unless that person is wearing a properly fitted and fastened protective helmet.

No person shall ride or sit as a passenger on a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter while the device is in motion on any Borough roadway unless there is proper seating for both rider and passenger.

(4)

No person operating, riding or using a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall hold fast or hitch on to automobiles or other vehicles.

(5)

No person operating or riding on any low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall tow or pull any object of any kind while such device is in motion on a Borough roadway.

(6)

No person shall use a wireless telephone or other electronic communication device while operating a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter on any Borough roadway, except when the telephone is a hands-free wireless telephone or the electronic communication device is used hands-free, provided that its placement does not interfere with the operation and the operator exercises a high degree of caution.

(7)

No person operating a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter on a Borough roadway shall remove both hands from the handlebars while riding or operating the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter.

(8)

Any group of two or more persons operating any low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall travel in single file except and unless the volume of vehicles and traffic conditions are such that side by side travel is safe under the circumstances.

Operation on sidewalks.

No person shall use or operate any low-speed electric bicycle, low-speed electric scooter, motorized bicycle, motorized scooter, motor vehicle, or any other motor powered or equipped device on any sidewalk within the Borough, except that this prohibition is not intended to regulate or prohibit pedestrian activity, nor the use or riding of bicycles and other non-motor equipped wheeled devices that are powered to motion exclusively by human muscle, on the sidewalk.

Bicycles and other non-motor equipped wheeled devices shall be permitted on sidewalks within the Borough.

Any person dismounting from a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter may stand, walk and travel freely on and about the sidewalk with, and while walking or pushing, a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter.

(4)

The operator of a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter emerging from an alleyway, driveway, or building shall, upon approaching a sidewalk area extending across any alleyway or driveway, yield the right-of-way to all pedestrians or bicyclists approaching on the sidewalk or sidewalk area.

Operation on and within Borough facilities, fields and property. The operation and use of low-speed electric bicycles, low-speed electric scooters, motorized bicycles or motorized scooters on, within or upon any Borough Facility, Park and Property, including recreational areas, fields, lawns, trails, grass or pathways owned or controlled by the Borough as well as any driveway, parking lot or other paved surface therein is prohibited, except in such areas where explicitly permitted by way of an official Borough sign posted at such location.

Parking, generally.

Low-speed electric bicycles, low-speed electric scooters, motorized bicycles and motorized scooters are permitted to be secured on any bicycle rack located at Borough Facilities.

When available, low-speed electric bicycles, low-speed electric scooters, motorized bicycles and motorized scooters shall be parked in designated, marked, parking areas when on any Borough property or facility.

Low-speed electric bicycles, low-speed electric scooters, motorized bicycles and motorized scooters may be attached or secured to a bicycle rack with a U-lock, chain lock, or any type of lock made specifically for bicycles and/or low-speed electric bicycles and low-speed electric scooters. No person shall attach or secure a low-speed electric bicycle or low-speed electric scooter to any fixed object not suited for electric scooter or electric bicycle parking.

(4)

No person shall leave a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter lying on or standing upon a sidewalk in such a manner as to block or impede pedestrians. A person may temporarily leave a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter parked on the sidewalk, provided that it does not block or impede the safe and orderly movement of pedestrians upon the sidewalk, and provided further that the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall be parked to the side of the paved surface area.

(5)

No person shall leave or park a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter on or at any Borough Property or business or private property within the Borough where prohibited by the owner.

(6)

No person shall leave or park a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter in such a manner as to block or impede access, entry or pedestrian travel to or from any Borough facility.

(7)

No person shall park a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter upon a street other than upon the roadway against the curb or in a designated bicycle, electric scooter, or electric bicycle parking area in a rack to support the electric scooter or electric bicycle, or against a building or at the curb.

Lamps and equipment. A low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter operated during non-daylight hours shall be equipped with at least one lighted lamp on its front. The lamp shall show a white light and be of such nature and so displayed that it may be seen at least 500 feet distant in the direction toward which the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter is proceeding. If the front lamp is so arranged that it will show a red light visible for a distance of at least 500 feet in the rear thereof, no red light attached to the rear of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall be necessary, but where the front lamp does not show such a red light, there shall be attached to the rear of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter one lighted lamp showing a red light or red reflector visible for a distance of at least 500 feet from the rear thereof, from half an hour after sunset to half an hour before sunrise.

Operation on private property. No person shall operate a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter on any business or private property within the Borough where a sign is posted by the property or business owner prohibiting such use or operation.

Prohibited modifications. Pursuant to Title 39 of the New Jersey Revised Statutes, no person shall tamper with or modify any one low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter so as to change the motor-powered speed capability or otherwise exceed the maximum speed allowable by law for such device. Notwithstanding any other penalties authorized by law or this section, any low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter found to have been unlawfully tampered with or modified shall be subject to impoundment in accordance with Subsection M.

Abandonment of low-speed electric bicycles, low-speed electric scooters, motorized bicycles or motorized scooters.

It shall be unlawful for any person to abandon any low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter within the Borough. A low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter may be deemed abandoned by the Borough if:

It has been parked for a period of three or more consecutive calendar days in the same location; or

It appears visually to be in a state of prolonged disuse such that it has deflated tires, damaged or missing equipment making it inoperable, accumulated leaves and debris associated with it; or

75% or more of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter is rusted; or

It is found in any other condition in which a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter would be deemed abandoned.

In the event that a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter is deemed to be abandoned by the Borough, the Police Department shall have the authority to remove and dispose of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter if not otherwise removed.

Enforcement.

The provisions of this section shall be enforceable by the Borough of Mount Arlington Police Department.

Nothing in this section shall be construed to preclude, restrict or limit any law enforcement officer from exercising their lawful authority and discretion in the enforcement of this section in accordance with the rules and regulations of the Police Department as well as Attorney General's Office and County Prosecutor's Office directives and standard and accepted police practices.

Violations of the provisions of this section may be enforced in any lawful manner the Mount Arlington Police Department may deem appropriate, including but not limited to in accordance with the provisions of this section independently and/or in combination with Title 39 of the New Jersey Revised Statutes and other applicable law.

Violations and penalties. Notwithstanding and in addition to any violations or penalties authorized by law, this section or the Borough Code, any person found to be in violation of any provision of this section shall, upon conviction, be subject to the following:

Operators over 18 years old. Any person 18 years of age or older who operates a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter in violation of this section, or who otherwise fails to comply with the requirements of this section, shall be subject to a fine of not more than $250 for the first offense, a fine of not more than $500 for the second offense and a fine of not more than $1,000 for a third or subsequent offense.

Operators under 18 years old:

Upon a first offense, the parent(s) or legal guardian(s) of any person under 18 years of age who operates a low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter in violation of this section, or who otherwise fails to comply with the requirements of this section, shall be subject to a fine of not more than $250 and/or the potential impoundment of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter for a period of not more than seven days.

Upon a second offense, the parent(s) or legal guardian(s) of the non-adult offender shall be subject to a fine of not more than $500 and/or the impoundment of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter for a period of not less than seven days, nor more than 60 days. Any low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter impounded by the Borough of Mount Arlington Police Department shall only be releasable to the parent(s) or legal guardian(s) of the non-adult offender.

Upon a third or subsequent offense, the parent(s) or legal guardian(s) of the non-adult offender shall be subject to a fine of not more than $1,000, and the impoundment of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter pending a hearing as to the continued impoundment of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter in accordance with standard practice and procedures. Any low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter impounded by the Borough of Mount Arlington Police Department shall only be releasable to the parent(s) or legal guardian(s) of the non-adult offender.

In the event the Borough of Mount Arlington Police Department cannot determine the name and address of the parent(s) or legal guardian(s) of any person under 18 years of age who violates any of the provisions of this section, the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter shall be seized or impounded pending identification and notification of the parent(s) or legal guardian(s), and the non-adult offender shall be summoned to appear at the Borough of Mount Arlington Police Department with his or her parent(s) or legal guardian(s), at which time a summons may be issued to the parent(s) or guardian(s) for the appropriate offense(s). The Borough Police Department will arrange for the return of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter to the parent(s) or legal guardian(s) of the non-adult offender provided it does not constitute a second or subsequent offense for which the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter would be subject to impoundment. In the event the parent(s) or legal guardian(s) of the non-adult offender shall fail to respond within 30 days of the seizure or impoundment of the low-speed electric bicycle, low-speed electric scooter, motorized bicycle or motorized scooter, the Borough may proceed in accordance with standard police practices with respect to abandonment, unclaimed property or other appropriate disposition.