Whenever any words and phrases are used in this chapter, the
meaning respectively ascribed to them in Subtitle I of Title 39 of
the Revised Statutes of New Jersey shall be deemed to apply to such
words and phrases used herein.
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.
a.
The provisions of this chapter imposing a time limit on parking shall
not relieve any person of the duty to observe other more restrictive
provisions prohibiting or limiting the stopping, standing or parking
of vehicles as set forth in R.S. 39:4-138, any other New Jersey statute
or as hereinafter provided.
b.
Enforcement of all parking ordinances may be suspended by written
order of the chief of police or his designee in the event of circumstances
requiring same for the good and welfare of the Borough. Separate signs
may be posted if necessary.
c.
All vehicles parked on any street in the Borough of Englewood Cliffs
are restricted to not more than 48 hours without being moved, including
State Highway U.S. 9W/Sylvan Avenue.
a.
Upon the declaration of an emergency, there shall be no parking upon
streets or sections of streets where temporary EMERGENCY NO PARKING
signs are displayed. The chief of police or, in his absence, the ranking
police officer is authorized to declare an emergency and to direct
the posting of EMERGENCY NO PARKING signs when weather conditions,
accidents, fire 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.
b.
Any unoccupied vehicle parked or standing in violation of this section
shall be deemed a nuisance and menace to the safe and proper regulations
of traffic and any police officer may provide for the removal of such
vehicle. The owner shall pay the reasonable costs of removal and storage
which may result from such removal before regaining possession of
the vehicle.
c.
The effectiveness of this subsection is contingent upon the signs
being erected as required by law.
a.
Whenever snow has fallen and the accumulation is such that it covers
the street or highway for two inches or more, an emergency shall exist
and no vehicles shall be parked on any street or highways or portions
thereof indicated. The owner or operator of any vehicle parked on
the street prior to the time that the street became covered with snow
shall remove it from the street within two hours after the street
became covered with snow of two inches or more.
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.
b.
Any unoccupied vehicle parked or standing in violation of this subsection
shall be deemed a nuisance and a menace to the safe and proper regulation
of traffic and any police officer may provide for the removal of such
vehicle. The owner shall pay the reasonable costs of the removal and
storage which may result from such removal before regaining possession
of the vehicle.
c.
Violations and penalties. Any person convicted of a violation of
this subsection shall be liable to a penalty of $50 for each day parking
thereof that said violation exists.
d.
Signs. Signs advising the public of this subsection shall be located
at each and every entrance to the Borough from all adjoining borders
of the Palisade Interstate Parkway.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I of Chapter 7A.
No person shall park a vehicle between the hours specified in Schedule II of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule II of Chapter 7A.
No person shall park, stop or stand a vehicle between the hours specified in Schedule III of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule III of Chapter 7A.
No person shall park a vehicle for longer than the time limit shown in Schedule IV at any time between the hours listed in Schedule IV of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule IV of Chapter 7A.
No person, other than specifically authorized by the fire department
or police department of the Borough of Englewood Cliffs, shall stop,
stand or park a vehicle at any time in front of the fire department
building or in the parking spaces designated for fire department members
in the rear of the fire department building, which is located at Sylvan
Avenue.
The Police Department of the Borough of Englewood Cliffs shall
enforce the provisions of this subsection by issuing a summons to
the operators of vehicles violating the provisions hereof.
No person shall park any commercial vehicle on a public street
in the Borough of Englewood Cliffs between the hours of 10:00 p.m.
and 7:00 a.m.
Trucks over four tons gross weight are hereby excluded from the streets or parts of streets described in Schedule V except for the pick up and delivery of materials on such streets. Schedule V being of Chapter 7A.
No person shall leave a trailer unattended on any street in
the Borough of Englewood Cliffs unless same is being actively utilized
for the purpose of serving the property directly adjoining the property
where the trailer is parked.
The streets or parts of streets described in Schedule VI attached
to and made a part of this chapter are hereby designated as one-way
streets in the direction indicated.
Pursuant to the provisions of R.S.39: 4-140, the streets or parts of streets described in Schedule VII 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. #7010, A5, § 5-2; Ord. #9121, § I;
Ord. #9805, §§ 1,2; Ord. No. 2015-02]
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule VIII of Chapter 7A are hereby designated as Stop Intersections. STOP signs shall be installed as provided therein.
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule IX of Chapter 7A are hereby designated as Yield Intersections. YIELD signs shall be installed as provided therein.
The locations described in Schedule X of Chapter 7A are hereby designated as Loading Zones.
The locations described in Schedule XI of Chapter 7A are hereby designated as Taxi Stands.
The locations described in Schedule XII of Chapter 7A are hereby designated as Bus Stops.
No person shall make a left turn at any of the locations described in Schedule XIII of Chapter 7A.
No person shall make a U-Turn at any of the locations described in Schedule XIV of Chapter 7A.
No person shall make a turn at any of the locations described in Schedule XV of Chapter 7A.
The Mayor of this Borough is authorized to promulgate regulations
providing for the closing during specified hours on specified days
of such streets as are necessary for the preservation of the public
safety, health and welfare.
Such regulations shall in addition provide for the posting of
proper warning signs of such closing in any street or portion thereof
during the time the same is closed in pursuance thereof and shall
further provide penalties for the violation of this section or any
regulation promulgated hereunder, such penalties being in accordance
with the penalties provided by the New Jersey Statutes Annotated for
traffic violations and in particular New Jersey Statutes Annotated
R.S. 39:4-203.
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 thereto shall be liable to a penalty of $29 for
the first offense, and not more than $50 or imprisonment for a term
not exceeding 15 days, or both, for any and all subsequent offenses.
All former traffic ordinances of the Borough of Englewood Cliffs
covered in this traffic 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 ordinance.
Whenever a supplemental notice is issued by the municipal court
of the Borough of Englewood Cliffs for a violation of this chapter,
there will be imposed an additional cost of $5.
[Amended 5-8-2019 by Ord. No. 2019-07]
The Borough is hereby authorized to establish restricted parking
spaces in front of residences, schools, hospitals and other public
buildings and in shopping and business districts for use by persons
who have been issued special vehicle identification cards by the Division
of Motor Vehicles pursuant to N.J.S.A. 39:4-205, which is made apart
hereof without inclusion herein and by the Borough Clerk.
a.
No person shall park or otherwise cause his vehicle to stand in a
parking space marked restricted for handicapped parking unless the
person displays in the vehicle a valid identification card issued
by the Division of Motor Vehicles and/or the Borough of Englewood
Cliffs.
b.
No person having the right to park in a space designated handicapped
parking and having acquired the requisite permit therefor shall transfer,
let or otherwise allow another not having the right to utilize the
parking permit or identification and in order to park in a restricted
parking space.
The Police Department of the Borough shall enforce the provisions
of this section by issuing a summons to the operators of vehicles
violating the provisions hereof. An eligible handicapped person may
request a law enforcement officer to arrange for the removal and storage
of a motor vehicle which is parking unlawfully in a parking space
or zone which is restricted for use by a handicapped person. It shall
be the obligation of the owner and the motor vehicle to pay the reasonable
costs for the removal and for any storage which may result from the
removal.
The Police Department is hereby authorized and directed to post
signs designating "handicapped parking only" in the form prescribed
by the State of New Jersey, which shall also state the penalties for
violations.
a.
Any person violating the provisions of this section shall be fined
the sum of $250 for initial violations thereof and court costs in
the amount of $33 and additional imposition of a $10 fee whenever
a supplemental notice is issued by the municipal court.
b.
The assessment of removal and storage costs against a person whose
motor vehicle was towed and stored in accordance with the provisions
of this section shall be in addition to any other penalties assessed
against the person for a violation of this section.
The Borough Council of the Borough of Englewood Cliffs finds
and determines:
a.
P.L. 2007, Chapter 348 (the "Act"), codified at N.J.S.A. 39:4-8.12
et seq., of the Legislature of the State of New Jersey has determined
that the installation of a traffic control signal monitoring system
by municipalities complementing local law enforcement could serve
as an effective tool in encouraging drivers to observe and obey traffic
control devices at intersections, thereby increasing traffic flow,
reducing vehicle accidents and enhancing pedestrian safety; and
b.
The Act authorizes a municipality, by ordinance, to determine to
install and utilize a traffic control signal monitoring system to
facilitate the lawful observation of and compliance with traffic control
signals governing the flow of traffic at intersections under its jurisdiction
approved by the Commissioner of Transportation; and
c.
The Borough of Englewood Cliffs is desirous of installing traffic
control signal monitoring systems at various intersections within
the Borough of Englewood Cliffs; and
d.
The Borough of Englewood Cliffs has determined that adoption of this
subsection is in the best interest of the health, safety and welfare
of the Borough and its residents.
a.
The Borough of Englewood Cliffs herby determines to install and utilize
a traffic control signal monitoring system ("system") at various intersections
within the Borough of Englewood Cliffs as approved by the Commissioner
of Transportation pursuant to the Act.
b.
The system to be installed shall be approved by the governing body
by resolution.
c.
The Borough shall have the authority to enter into a contract, following
a lawful procurement process, for the installation of the system.
Any contract that shall contain provisions contrary to the Act shall
not be deemed invalid but rather reformed to conform to the Act.
d.
The signs notifying drivers that a system is being utilized shall
be in accordance with specifications approved by the municipal engineer,
and shall be placed on each street converging into the affected intersection
as required by N.J.S.A. 39:4-8.14.d.
e.
The municipal engineer shall inspect and certify the system at least
once every six months from the date of its installation pursuant to
N.J.S.A. 39:4-8.14.e.
The police department of the Borough of Englewood Cliffs shall
review the recorded images produced by the system to determine whether
sufficient evidence exists demonstrating that a traffic control signal
violation has occurred and shall issue a summons when appropriate
in accordance with the rules of the court.
a.
Except as otherwise provided in this section, the recorded images
produced by the system shall be available for the exclusive use of
the police department for the purpose of discharging its duties under
P.L. 2007, Ch. 384.
b.
Pursuant to N.J.S.A. 39:4-8.15.a., any recorded image or information
produced in connection with the system shall not be deemed a public
record under N.J.S.A. 47:1A, et seq., or common law. The recorded
images shall not be:
c.
Any recorded image or information collected in connection with a
traffic control signal violation shall not be retained after 60 days
following the collection of any fine or penalty.
d.
If a summons is not issued within 90 business days following the
traffic control signal violation, all recorded images and any information
collected with respect to the traffic control signal violation shall
be removed by the police department within three business days.
e.
The Borough shall certify compliance with this section by filing
reports with the Commissioner of Transportation in accordance with
the Act.
[Ord. No. 2011-03]
The liability of the owner and operator of a motor vehicle for
a traffic control signal violation summons pursuant to the system
shall be joint subject to provisions of the Act.
