[Ord. #490]
Whenever any words and phrases are used in this Chapter, the
meaning respectively ascribed to them in Subtitle 1 of Title 39 of
the Revised Statutes of New Jersey shall be deemed to apply to such
words and phrases used herein.
[Ord. #490]
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. #490]
The provisions of this Chapter imposing a time limit on parking
shall not relieve any person of the duty to observe other more restrictive
provisions prohibiting or limiting the stopping, standing or parking
of vehicles as set forth in R.S. 39:4-138, any other New Jersey Statute
or as hereinafter provided.
[Ord. #314, SS 1-5]
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 or public celebrations dictate or require the avoidance
of hazards or other conditions which interfere with the free flow
of traffic. Notification of the EMERGENCY NO PARKING signs are being
or will be posted and shall be given to the operator or owner of any
vehicle which has been parked prior to the posting of the signs.
b.
Any unoccupied vehicle parked or standing in violation of this section
shall be deemed a nuisance and a menace to the safe and proper regulation
of traffic and any police officer may provide for the removal of such
vehicle. The owner shall pay the reasonable costs of removal and storage
which may result from such removal before regaining possession of
the vehicle.
c.
The effectiveness of this subsection is contingent upon the signs
being erected as required by law.
[Ord. #149, S 1; Ord. #164, S 1; Ord. #199, S 1; Ord. #200,
S 1; Ord. #215, S 1; Ord. #216, S 1; Ord. #237, S 1; Ord. #244, S
1; Ord. #279, S 2-2; Ord. #385, SS 1-2; Ord. #533; Ord. #544; Ord.
#545; Ord. #0-94-5; Ord. #0-94-16; Ord. #O-01-14, S 1; Ord. #O-03-7,
S 3; Ord. #O-08-4, S 1; Ord. #O-09-18]
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I which can be found in Chapter 7A.
[Ord. #175, S 1; Ord. #211, S 1; Ord. #243, S 1; Ord. 253, S 1; Ord. #279, S 2-3; Ord. #316,
SS 1-2; Ord. #476, S 2; Ord. #569; Ord. #O-01-3; Ord. #O-09-18; Ord.
#O-11-6, S 1]
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 which can be found in Chapter 7A.
[Ord. #254, S 1; Ord. #388, S 1; Ord. #406, SS 1-2; Ord.
#412, S 2; Ord. #533; Ord. #O-09-18]
No person shall 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 which can be found in Chapter 7A.
[Ord. #177, S 1; Ord. #316, S 2; Ord. #379, S 1; Ord. #476,
S 4; Ord. #O-05-18, S 1; Ord. #O-09-18; Ord. #O-10-11; Ord. #O-13-7;
Ord. #O-13-8]
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 ascribed in Schedule IV which can be found in Chapter 7A.
[Added 8-1-2018 by Ord. No. O-18-9]
a.
No Parking
by Certain Vehicles. No commercial vehicle, trailer, truck, van, taxi,
bus (school or otherwise), tow truck, limousine, recreational vehicle
(RV), or vehicle with lettering or design showing the name and/or
contact information of a commercial service thereon may park on streets
within the Borough between the hours of 8:00 p.m. and 7:00 a.m., seven
(7) days a week.
b.
COMMERCIAL VEHICLE
Definitions.
As used in this section, the following terms shall have the meanings
indicated:
Any commercial vehicle which is registered, or is required
to be registered, as a commercial vehicle either by New Jersey Motor
Vehicle Services or the motor vehicle service agency in the state
in which the vehicle is registered.
d.
Repealer.
This section repeals any existing ordinance to the extent of its inconsistency.
e.
Effective
Date. This section shall take effect on October 1, 2018, providing
publication of this ordinance has occurred.
[Ord. #166, S 1; Ord. #168, S 1; Ord. #0-94-9]
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 which can be found in Chapter 7A.
[Ord. No. O-18-9]
a.
No Parking by Certain Vehicles. No commercial vehicle, trailer, truck,
van, taxi, bus (school or otherwise), tow truck, limousine, recreational
vehicle (RV), or vehicle with lettering or design showing the name
and/or contact information of a commercial service thereon may park
on streets within the Borough between the hours of 8:00 p.m. and 7:00
a.m., seven days a week.
b.
COMMERCIAL VEHICLE
Commercial Vehicle Defined.
Is defined as any commercial vehicle which is registered,
or is required to be registered, as a commercial vehicle either by
New Jersey Motor Vehicle Services or the motor vehicle service agency
in the state in which the vehicle is registered.
c.
Penalties. Any person who violates this Ordinance No. O-18-9, codified as subsection 7-4.2, shall be subject to the following fines and penalties:
d.
Repealer. This Ordinance No. O-18-9 repeals any existing ordinance
to the extent of its inconsistency.
[Ord. #439; Ord. #448, S 1; Ord. #452]
The streets or parts of streets described in Schedule VI, which can be found in Chapter 7A, 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 which can be found in Chapter 7A are hereby designated as Through Streets. STOP signs shall be installed on the near right side of each street intersecting the Through Street except where YIELD signs having sides thirty-six (36") inches in length are provided for in the designations. (Resolution, not dated)
[Ord. #252, S 1; Resolution not dated; Ord. #431; Ord. #496,
S 1; Ord. #0-97-12; Ord. #O-01-4, S 1; Ord. #O-03-7, S 1; Ord. No. O-2015-13]
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule VIII which can be found in Chapter 7A are hereby designated as Stop Intersections. STOP signs shall be installed as provided therein.
[Ord. #405, S 1; Ord. #O-01-4, S 2; Ord. #O-03-7, S 1]
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule IX which can be found in Chapter 7A are hereby designated as Yield Intersections. YIELD signs having sides thirty-six (36") inches in length shall be installed as provided therein.
[Ord. #O-02-15, SS 3, 4]
Pursuant to N.J.S.A. 39:4-8, the locations described in Schedule XVIII which can be found in Chapter 7A are hereby designated as In-Street Signed Pedestrian Crossings, and appropriate in-street flexible pedestrian signs shall be installed therein in accordance with the current draft "Guidelines for Yield to Pedestrian Signs (Supplemental Pedestrian Crossing Channeling Devices)" as promulgated by the New Jersey Department of Transportation.
[Ord. #490]
The locations described in Schedule X which can be found in Chapter 7A are hereby designated as Loading Zones.
[Ord. #490]
The locations described in Schedule XI which can be found in Chapter 7A are hereby designated as Taxi Stands.
[Ord. #490]
The locations described in Schedule XII which can be found in Chapter 7A are hereby designated as Bus Stops.
[Ord. #490]
No person shall make a left turn at any of the locations described in Schedule XIII which can be found in Chapter 7A.
[Ord. #490]
No person shall make a U-Turn at any of the locations described in Schedule XIV which can be found in Chapter 7A.
[Ord. #490]
No person shall make a turn at any of the locations described in Schedule XV which can be found in Chapter 7A.
[Ord. #280, S 1]
The streets or parts of streets described in Schedule XVI which can be found in Chapter 7A shall have the speed limits designated in such schedule.
Regulatory and warning signs shall be erected and maintained
to effect the above designated speed limits as authorized by the Department
of Transportation.
[Ord. #401, SS 1-2; Ord. #569; Ord. #O-11-10; Ord. #O-11-22]
No person shall pass on any of the streets or parts of streets described in Schedule XVII which can be found in Chapter 7A. Traffic traveling in any direction of the locations designated in such schedule shall be a "No Passing Zone."
[Ord. #281, SS 1-4]
a.
Monmouth College is hereby permitted, pursuant to N.J.S. 39:5A-1,
to have the provisions of Subtitle 1, Title 39 of the Revised Statutes
made applicable to the semi-public and private roads, streets, driveways,
trails, terraces, bridle paths, parkways, parking areas and other
roadways open to and used by tenants, employees, invitees, the public,
and other members of Monmouth College for purposes of vehicular travel.
b.
The Monmouth College Police Department shall be empowered with the
powers granted by Subtitle 1, Title 39 of the Revised Statutes.
c.
All Title 39 violations will be administered through the Municipal
Court Clerk, Violations Clerk and Municipal Court of the Borough.
d.
The Borough shall not be required to provide any prosecutorial services
on behalf of Monmouth College in the administration of Title 39 on
the semi-public and private roads, streets, driveways, trails, terraces,
bridle paths, parkways, parking areas and other roadways open to and
used by tenants, employees, invitees, the public, and other members
of Monmouth College for purposes of vehicular travel.
[Ord. #490; Ord. #O-94-5; Ord. #O-95-8; Ord. #O-04-4, SS
1, 2; Ord. #O-14-7]
a.
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 hereto shall be liable to a penalty of $25; and violations
of Schedule I for parking in a Fire Zone shall be a fine of $55; plus
court costs.
Editor's Note: Ord. No. O-20-9, adopted 6-17-2020, provided
that the current fines for all parking ordinance violations that are
payable citations (i.e., court appearance not required) are hereby
increased by $1.
b.
Parking
fines. Any violation of a parking ordinance in the Borough of West
Long Branch, when such violation is not a violation of a state statute,
shall result in a fine of $50.
[Added 2-5-2020 by Ord. No. O-20-4]
1.
Exceptions.
Examples of ordinances that do not fall under this fixed fine schedule
are handicap parking zones, fire zones, parking too close to a stop
sign, and parking too close to a fire hydrant. This list is not meant
to be extensive, but only illustrative.
[Ord. #O-02-3, S 1]
The Borough of West Long Branch does hereby adopt the current
Manual on Uniform Traffic Control Devices, hereafter known as M.U.T.C.D.,
together with any supplements and amendments thereto, as it controls
and regulates whatever construction maintenance operations of utility
work obstructs the normal flow of traffic. Any person, contractor,
or utility who fails to comply with the provisions of the M.U.T.C.D.
while performing such work is in violation of this section.
[Ord. #O-02-3, S 2]
It shall be the responsibility of the person, contractor, or
public utility (as required under the public utility agreement) wishing
to conduct work on, under or above the roadway to (a) contact the
Traffic Safety Officer or Chief of Police of the West Long Branch
Police Department in order to arrange a preconstruction meeting and
(b) to submit plans for the safe movement of traffic during such period
of construction of work, which plans are to be submitted and approved
before work begins. Any person, contractor or utility who fails to
comply with this section prior to the start of such work or whose
plans are not approved by a Traffic Safety Officer or the Chief of
Police of the West Long Branch Police Department is in violation of
this section.
[Ord. #O-02-3, S 3]
Prior to the start of any work, the person, contractor, or utility
shall provide the Traffic Safety Officer or the Chief of Police of
the West Long Branch Police Department with at least two emergency
contact phone numbers to be called in case of emergency problems at
the construction or maintenance site. If for any reason the emergency
contact person cannot be reached, or if the emergency contact person
does not respond to the call from the Police Department to correct
a hazardous condition, the Borough may respond to correct such hazardous
conditions. The reasonable fees for such emergency service by the
Borough shall be charged to the person, contractor, or utility responsible
for such conditions.
[Ord. #O-02-3, S 4]
There shall be no construction, maintenance operations, or utility
work on any roadway in the Borough before the hour of 8:00 a.m. or
after 5:00 p.m. This time limit may only be adjusted to permit work
prior to 8:00 a.m. or after 5:00 p.m. by either the Traffic Safety
Officer or the West Long Branch Police Chief, but then only if it
is determined by the Traffic Safety Officer or the Police Chief that
the construction or maintenance operations prior to 8:00 a.m. or after
5:00 p.m. would not substantially delay traffic or cause a safety
or health hazard.
[Ord. #O-02-3, S 5]
Road closings and/or traffic detours shall not be permitted
unless approved by the Traffic Safety officer or the Police Chief
of the West Long Branch Police Department.
[Ord. #O-02-3, S 6]
Traffic director shall be posted at all construction or maintenance
sites when determined by the Traffic Safety Officer or the Police
Chief of the West Long Branch Police Department that same is necessary
to provide for the safe and expeditious movement of traffic. Payment
for traffic directors, if the entity undertaking the construction
is not a governmental entity, shall be in accordance with any ordinance
existing at the time the construction is undertaken or borough policy,
in the absence of any ordinance.
[Ord. #O-02-3, S 7]
The Traffic Safety Officer or the Police Chief of the West Long
Branch Police Department shall have the authority to stop work, including
the removal of equipment and vehicles, stored material within the
street right-of-way, backfilling 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.
[Ord. #O-02-3, S 8]
It is expressly understood that no materials, vehicles or equipment
are to be placed in the roadway or sidewalk area until all construction
signs, lights, devices, and pavement markings are installed.
[Ord. #O-02-3, S 9]
[Ord. # O-12-21, S 1]
a.
The Borough of West Long Branch hereby determines to install and
utilize a traffic control signal monitoring system ("System") at various
intersections within the Borough as approved by the Commissioner of
Transportation pursuant to the Act. (N.J.S.A. 39:4-8.12 et seq.)
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 approved by the Municipal Engineer, and shall be placed on each
street converging into the affected intersection as required by the
Act.
e.
The Municipal Engineer shall inspect and certify the System at least
once every six months from the date of its installation.
[Ord. # O-12-21, S 2]
The West Long Branch Police Department 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.
[Ord. # O-12-21, S 3]
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 his or her duties
under N.J.S.A. 39:4-8.12, et seq.
b.
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-1
et seq., or common law.
The recorded images shall not be: (1) discoverable as a public
record by any person, entity, or governmental agency, except upon
a subpoena issued by a grand jury or a court order in a criminal matter,
or (2) offered as evidence in any civil or administrative proceeding
not directly related to a traffic control signal violation.
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 40 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 two business days thereafter.
e.
The Borough shall certify compliance of this section by filing a
report to with the Commissioner of Transportation in accordance with
the Act.
[Ord. # 0-12-21, S 4]
Any person liable for a traffic control signal violation, pursuant
to this section and the Act, utilizing the System shall be subject
to the fines established by law.
[Ord. # O-12-21, S 5]
The Borough shall comply with the requirements of State law,
as more particularly set forth in N.J.S.A. 39:4-8.12, et seq.
