Township of East Windsor, NJ
Mercer County
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Table of Contents
Table of Contents
The power of the municipality to adopt ordinances concerning traffic and parking is contained in R. S. 39:4-197. Various statutory provisions throughout Title 39 control the manner in which municipalities may regulate parking and traffic. R. S. 39:4-8 requires that all traffic and parking ordinances be approved by the Department of Motor Vehicles.
Whenever any words and phrases are used in this chapter, the meanings respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall apply to such words and phrases.
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 township.
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.
a. 
Whenever snow has fallen and the accumulation is such that it covers the street or highway, an emergency shall exist and no vehicle shall be parked on any streets or highways or portions thereof as described in Schedule I of Chapter 10A.
These 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.
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.
b. 
Upon the declaration of an emergency, there shall be no parking on streets or parts 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 direct the posting of EMERGENCY NO PARKING signs when weather conditions, accidents, fires, public celebrations, etc., dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that EMERGENCY NO PARKING signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs.
c. 
An 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 the vehicle. The owner shall pay the reasonable costs of removal and storage which may result before regaining possession of the vehicle.
d. 
The effectiveness of this subsection is contingent on signs being erected as required by law.
No person shall park a vehicle at any time on any of the streets or parts of streets described in Schedule II of Chapter 10A.
a. 
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 regaining possession of the vehicle.
b. 
Parking shall mean the standing or waiting on a street, road or highway of a vehicle not actually engaged in the receiving or discharging of passengers or merchandise, unless in obedience to traffic regulations or traffic signals.
No person shall park a vehicle between the hours specified on any day on any of the streets or parts of streets described in Schedule III of Chapter 10A.
No truck with two rear axles or more, truck tractors, utility, trailer, semi-trailer or pole trailer, snowmobile, all-terrain vehicles or house-type trailer or house-type semi-trailer as defined in Title 39 in the Revised Statutes of New Jersey shall be parked overnight on any public roadway or right of way in any residential district of the Township of East Windsor, between the hours of 10:00 p.m. and 7:00 a.m., except for the purpose of emergency repairs. No utility, semi-trailer, trailer, house-type trailer, house-type semi-trailer or pole trailer shall be parked on any public roadway or right of way in any residential district other than when attached to a towing vehicle.
No person shall park a vehicle for longer than the time specified on any day on any street or parts of streets described in Schedule IV, annexed hereto and made a part of this chapter.
No person shall stop or stand a vehicle upon any of the streets or parts of streets described in Schedule IX of Chapter 10A.
No person shall park any vehicle over 8,000 pounds gross registered weight on any street in the Township of East Windsor between the hours of 9:00 p.m. to 6:00 a.m.
a. 
No person shall park any vehicle in a parking space on public or private property that is appropriately marked for vehicles for the physically handicapped pursuant to N.J.S.A. 39:4-197.5, N.J.S.A. 52:27D-119, et seq. or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle.
b. 
Any person parking a motor vehicle in a restricted parking space in violation of this section shall be subject to a fine of $250 for the first offense, and, for subsequent offenses, a fine of not less than $250 and up to 90 days community service on such terms and in such forms as the court shall deem appropriate.
The streets or parts of streets described in Schedule V, of Chapter 10A, are designated as through streets. STOP signs shall be installed on the near right side of each street intersecting the through street.
Pursuant to the provisions of R.S. 39:4-140, the intersections described in Schedule VI, of Chapter 10A, are designated as stop intersections. STOP signs shall be installed as provided therein.
[Ord. 1971-5, § 1; Ord. 1973-11; Ord. 1975-2, § 1; and New; Ord. 1980-30, § 1; Ord. 80-2, § 1; Ord. 1980-35, § 1; Ord. 1981-39; Ord. 1983-27, § 1; Ord. 1986-17, § I; Ord. 1988-1, § 1; Ord. 1989-1, § 1; Ord. 1993-8, § 1; Ord. 1995-17, § 1; Ord. 2001-02, § I; Ord. 2001-07, § I; Ord. 2002-15, § I; Ord. 2003-03, § I; Ord. 2009-1, § I; Ord. No. 2014-11]
The speed limits described in Schedule VII, of Chapter 10A, shall be enforced in the township. Appropriate signs shall be installed.
The chief of police is hereby authorized to reduce speed limits on any portion of any township road for a period not to exceed 72 hours if in his judgment road maintenance or repairs occurring on such portion of roadway will require a reduced speed limit to insure traffic safety. The Commissioner of the New Jersey Department of Transportation shall approve any such reduction in speed limits not less than seven days before same is to go into effect.
In the event that an emergency condition requires speed limit reduction to be imposed immediately, the chief may apply to the Commissioner to waive the seven-day notice requirement.
Such reduced speed limits shall only be deemed to be in effect when one or more signs indicating such reduced speed limits have been placed facing in each direction as the affected portion of roadway.
[Ord. 1971-20, § 1; Ord. 1981-39; Ord. 1986-20, §§ 1, 2; Ord. 1999-3, § I; Ord. No. 2014-12]
The streets or parts of streets described in Schedule VIII, of Chapter 10A, are designated as a route for trucks having a registered gross vehicle weight over four tons or having a combined weight of vehicle plus load, in excess of four tons gross weight. All trucks having a registered gross vehicle total combined weight in excess of four tons of a vehicle plus load, or having a combined weight of vehicle plus load in excess of four tons gross weight shall be excluded from all other streets, except for pick-up and delivery of material on such streets or parts of such streets.
The locations described in Schedule X of Chapter 10A are hereby designated as bus stops. The driver of a bus, except school buses, shall not stop the vehicle upon any street other than a scheduled bus route.
The locations described in Schedule XI of Chapter 10A are hereby designated as loading zones for the loading or unloading of passengers or materials.
The streets or part of streets described in Schedule XIII of Chapter 10A are hereby designated as one-way streets in the direction indicated.
The locations described in Schedule XII of Chapter 10A are hereby established and maintained as No Passing Zones. Regulatory signs and markings shall be erected and maintained as authorized by the New Jersey Department of Transportation.
The lane locations listed and described in Schedule XV of Chapter 10A are designated as Lane Use Reservations and traffic shall move as indicated.
Unless another penalty is expressly provided by New Jersey Statute, any person convicted of a violation of a provision of this chapter or any supplement thereto shall be liable to a penalty of not more than $300, or imprisonment for a term not exceeding 15 days, or both, in the discretion of the municipal judge.
[Ord. 1993-3, §§ 1, 2; Ord. 2012-7; Ord. No. 2014-10]
The locations described in Schedule XIV of Chapter 10A are hereby designated as mid-block crosswalks.
The township council hereby finds and declares that problems of traffic control occur when traffic must be moved through or around road or street construction, maintenance operations, and utility work, above or below ground which requires blocking the roadway 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 work forces performing these operations.
The Township of East Windsor in the County of Mercer and State of New Jersey, does hereby adopt the current Manual on Uniform Traffic Control Devices, 1988 edition, hereafter known as 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, corporation, partnership, contractor, or utility who fails to comply with the provisions of M.U.T.C.D. while performing such work is in violation of this section.
No person shall block or obstruct the normal flow of traffic on any roadway or street within the Township of East Windsor without obtaining a permit from the township.
Application for permit shall be made to the department of public works and shall contain the following information:
a. 
Name, address and telephone number of the applicant.
b. 
Name of the street where the flow of traffic is proposed to be blocked or obstructed.
c. 
Name of nearest intersecting streets between which the flow of traffic is proposed to be blocked or obstructed.
d. 
Nature and purpose of the activity requiring the blocking or obstructing of traffic flow.
e. 
Date and time when the activity requiring the blocking or obstructing of traffic flow is to be commenced and completed.
f. 
Each application must be accompanied by a set of plans in quadruplicate showing the proposed traffic control plan.
g. 
The name, address and telephone number of the supervisor in charge of the activity requiring the alteration of traffic flow with a 24 hour emergency contact telephone number and the name and address of a person upon whom notices may be served in connection with the activity requiring the blocking or obstructing of traffic flow.
Permits shall be issued under the authority of the director of the department of public works upon approval of the East Windsor Police Department in accordance with the provisions of this section. A copy of each permit shall remain on file with the department of public works/division of engineering and the East Windsor Police Department.
Each permit shall state the identity and address of the applicant, the name of the street and the location to the nearest intersections where the blocking or obstructing of traffic flow shall be permitted and the dates and times when the traffic alteration will be allowed.
The applicant for a permit shall, upon application, pay a plan review and inspection fee of $50. In the case of any review and inspection requiring more than one hour of staff time, the applicant shall be required to pay the actual costs associated with the township staff's review of the permit application based upon a cost of $50 per hour multiplied by the time spent reviewing the application and the estimated cost for inspections based upon the estimated hours for inspections multiplied by $50 per hour. In the event township staff costs for inspection exceed the amount estimated at the time of permit approval, the applicant shall reimburse the township for the difference. In the event township staff cost for inspection is less than the amount estimated at the time of permit approval, the township shall reimburse the applicant the difference. The East Windsor Municipal Utilities Authority shall be exempt from permit fees. Persons applying for both an excavation permit and traffic control permit shall not be required to pay the fee for a traffic control permit.
It shall be the responsibility of the person, corporation, partnership, contractor or public utility wishing to conduct work on, under or above the roadway to contact the Traffic Bureau of the East Windsor Police Department at least ten business days prior to the commencement of the work to be performed in order to arrange a pre-construction meeting in order to submit plans for the safe movement of traffic during such period of construction or work. Any person, corporation, partnership, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by the Traffic Bureau of the East Windsor Police Department is in violation of this section.
The person, corporation, partnership, contractor or utility shall provide the traffic bureau with at least two emergency contact 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 contacts cannot be reached, or if the emergency contact person does not respond to a call from the police department to correct a hazardous condition, the township may respond to correct such hazardous condition. The reasonable fees for such emergency services by the township shall be charged to the person, corporation, partnership, contractor or utility responsible for such condition.
There shall be no construction, maintenance operations or utility work on any roadway in the township before the hour of 9:00 a.m. or after 4:00 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 4:00 p.m. by the officer in charge of the Traffic Bureau of the East Windsor Police Department. If it is determined by the officer in charge of the East Windsor Police Department Traffic Bureau 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. to 4:00 p.m.
Road closings and/or traffic detours shall not be permitted unless approved by the East Windsor Police Department Traffic Bureau.
Traffic directors shall be posted by and at the expense of said person, corporation, partnership, contractor or utility at all construction or maintenance sites when determined by the East Windsor Police Department Traffic Bureau that same is necessary to provide for the safety and expeditious movement of traffic.
The Traffic Bureau of the East Windsor 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.
Any person, corporation, partnership, contractor or utility who commits a violation of this section shall, upon conviction thereof for a 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. For a third or subsequent conviction pay a fine of not less than $500 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 a violation occurs or continues.
The provisions of Subtitle One, Title 39 of the revised Statutes of New Jersey are applicable to the semi-public roads, streets, driveways and parking lots of Princeton East located in the Township of East Windsor, County of Mercer and the following regulations shall be enforceable:
a. 
All vehicles must park only in designated areas and between lines provided.
b. 
Handicapped Parking. All stalls shall be 12 feet wide as shown on the attached site plan[1] and signed with R7-8 (Reserved Parking for Handicapped Sign and penalty plate), in the designated parking areas for persons who have been issued the handicapped parking permits by the Division of Motor Vehicles.
[1]
Editor's Note: The site plan referred to herein may be found on file in the office of the township clerk attached to Ordinance No. 1992-26.
c. 
Stop Intersections. The following intersections are hereby designated as stop intersections. Stop signs shall be installed as provided therein:
Intersection
Stop Signs On
1.
Geraldine Road and Westfield Road
Geraldine Road
2.
Allison Road and Westfield Road
Allison Road
3.
Chatham Court and Westfield Road
Chatham Court
4.
Winchester Drive (North & South Intersects) and Westfield Road
Winchester Drive (Both Intersects)
5.
Teal Court and Westfield Road
Teal Court
6.
Tennis Court and Westfield Road
Tennis Court
d. 
Speed Limits.
1. 
The speed limits for both directions of traffic in the parking lots shall be 15 m.p.h.
2. 
The speed limits for both directions of travel on the following roads are:
Road
MPH
Limits
(a)
Geraldine Road
15
Entire length
(b)
Allison Road
15
Entire length
(c)
Chatham Court
15
Entire length
(d)
Winchester Drive
15
Entire length
(e)
Teal Court
15
Entire length
3. 
Regulatory and warning signs shall be erected and maintained to effect the above designated speed limits authorized by the Department of Transportation.
e. 
Tow-Away. Any vehicle parked or standing as to obstruct or impede a normal flow of traffic, block entrances or exit ways, loading zones, oil fills, any grass area, pedestrian walkway, or present in any way a safety or traffic hazard may be removed by towing the vehicle at the owner's or operator's expense.
f. 
No Parking. No person shall park a vehicle anytime upon any of the streets or parts of streets described:
Name of Street
Sides
Hours
Location
1.
Allison Road
North
All
From Westfield Road to Geraldine Road
2.
Geraldine Road
South
All
From Westfield Road to the Terminus
3.
Chatham Court
Both
All
Entire length
4.
Teal Court
Both
All
Entire length
5.
Winchester Drive
Both
All
Entire length
g. 
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
1.
Teal Court
Southbound
Cul-de-sac area
None
2.
Chatham Court
Northbound
Cul-de-sac area
None
h. 
That all signs, posts, or other necessary materials be installed and paid for by the applicant. Work shall be checked by the police department to insure installations meet State and Federal specifications, and all signing shall conform to the current Manual on Uniform Traffic Control Devices.
i. 
Unless another penalty is expressly provided by New Jersey Statute, every person convicted of a violation of this ordinance or any supplement thereto shall be liable to a penalty of not more than $300 or imprisonment for a term not exceeding 15 days or both, in the discretion of the municipal judge.
a. 
The Township of East Windsor hereby authorizes the installation and utilization of a traffic control signal monitoring system at the intersection of Dutch Neck Road and U.S. Route 130 and in the future may install traffic control signal monitoring systems at other various intersections within East Windsor Township as approved by the New Jersey Commissioner of Transportation pursuant to the Act. (P.L. 2007, Chapter 348).
b. 
Each system to be installed shall be approved by the East Windsor Township Council by resolution.
c. 
The Mayor and Council of East Windsor Township 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 system shall be inspected by the township at least once every six months from the date of its installation and the results certified by the township engineer and reported to the township council.
The Police Department of the Township of East Windsor 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 his or her duties.
b. 
Any recorded image or information produced in connection with the system shall not be deemed a public record in N.J.S.A. 47:1A-1 et seq., or common law. The recorded images shall not be: (i) 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 (ii) 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 business 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 division within two business days.
e. 
The Township of East Windsor shall certify compliance of this section by filing a report with the New Jersey Commissioner of Transportation in accordance with the Act.
The liability of the owner and operator of a motor vehicle for a traffic control signal violation summons pursuant to the system shall be a joint subject to provisions of the Act.