[R.O. 1966 § 23:1-1]
a.
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.
b.
Central Business District shall include all streets of the City within
a zone bounded: on the north by Clay Street; on the east by McCarter
Highway, River Street, Raymond Plaza West, Alling Street, Edison Place
and McCarter Highway; on the south by South Street from McCarter Highway
to Broad Street and Lincoln Park and Spruce Street, from Lincoln Park
to High Street; on the west by High Street, William Street, from High
Street to Howard Street, Howard Street, from Springfield Avenue to
West Market Street, West Market Street, from Howard Street to Summit
Street, Summit Street, from West Market Street to New Street, New
Street to High Street; High Street to Orange Street; Orange Street
to University Avenue; University Avenue to Broad Street; Broad Street
to Clay Street including both sides of the street bounding each zone.
Note: For definition of Core Area, see Section 23:5-2.
[New]
Whenever certain hours are named in this chapter, they shall
mean either Eastern Standard Time or Eastern Daylight Savings Time
as may be in current use.
[New]
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 Police Officer may provide for the removal of that vehicle.
The owner shall bear the reasonable costs of removal and storage which
may result from such removal before regaining possession of the vehicle.
[New]
Unless another penalty is expressly provided by New Jersey Statute
or in this chapter, every 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 $50 or imprisonment for a term not exceeding 15 days
or both.
[1]
Editor's Note: See Appendix to Title XXIII for the Schedule
of Penalties for traffic violations charged by Violations Bureau of
Newark Municipal Court.
[R.O. 1966 § 23:1-4; R.O. 1966 C.S.; Ord. 6 S+FF, 12-18-1985; Ord. 6 S+FG, 4-20-1988; Ord. 6 S+FF, 3-7-1990; Ord. 6PSF-F, 6-15-2016]
The foremen, Assistant Superintendents, Sanitation Superintendents
and Managers in the Division of Sewer and Water Supply, the Division
of Sanitation, and the Office of Inspections and Enforcement in the
Department of Engineering; Supervisory Environmental Specialist, Principal
Environmental Specialist in the Department of Engineering and the
Director of the Department of Engineering; Parking Meter Collection
Attendants within the Department of Finance, the Manager of the Division
of Tax Abatement and Special Taxes are hereby authorized and empowered
to perform as law enforcement officers with respect to the violation
of City ordinances regulating parking on the streets of the City of
Newark, and are hereby authorized pursuant to the rules governing
the courts of the State of New Jersey, to issue summonses for violations
of the parking ordinances of the City of Newark.
If any part or 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.
All former traffic ordinances of the City of Newark 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.
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 or standing or parking
of vehicles as set forth in N.J.S. 39:4-138, any other New Jersey
Statute or as hereinafter provided.
[New]
a.
Controls Established for Construction Zone. The Governing Body hereby
finds and declares that problems of traffic control occur and traffic
must be moved through or around street construction, maintenance operations,
and utility work, above and 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 safety and expeditious movement of traffic through construction
and maintenance zones and to provide safety for the work force performing
these operations.
The City of Newark, in the County of Essex, State of New Jersey,
does hereby adopt the current Manual on Uniform Traffic Control Devices
hereafter known as M.U.T.C.D., except as hereby supplemented and amended,
as it controls and regulates whenever 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
M.U.T.C.D. while performing such work is in violation of this section.
b.
Pre-Construction Meetings. It shall be the responsibility of the
person, contractor, or in the case of a public utility agreement,
wishing to conduct work on, under or above the roadway to contact
the Director of the Department of Public Safety in order to arrange
a pre-construction meeting in order to submit plans for the safe movement
of traffic during such period of construction work. 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 the Director of the
Department of Public Safety is in violation of this section.
c.
Hazardous Conditions. The person, contractor, or utility shall provide
the Director of the Department of Public Safety with at least two
emergency contact phone 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 reached,
or if the emergency contact person does not respond to the call from
the Director of the Department of Public Safety to correct a hazardous
condition, the City may respond to correct such hazardous condition.
The reasonable fees for such emergency service by the City shall be
charged to the person, contractor, or utility for such condition.
d.
Hours. There shall be no construction, maintenance operations, or
utility work on any roadway in the City 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 Division of Police. If it is determined by the Officer in charge
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.
e.
Road Closing and Detours. Road closing and/or traffic detours shall
not be permitted unless approved by the Director of the Department
of Public Safety.
f.
Traffic Directors. Traffic directors shall be posted at all construction
or maintenance sites when determined by the Director of the Department
of Public Safety that same is necessary to provide for the safety
and expeditious movement of traffic.
g.
Stop Work. The Director of the Department of Public Safety 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.
h.
Site Preparation. It is to be expressly understood that no materials,
vehicle or equipment are to be placed in the roadway or sidewalk or
until all construction, signs, lights, devices and pavement markings
are installed.
i.
Violations and Penalties. Any person, 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, the person, contractor or utility shall, 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 a violation occurs or continues.
j.
Inconsistent Regulations. All ordinances or parts of ordinances which
are inconsistent with the provisions of this section are hereby repealed
to the extent of any such inconsistency.
k.
Approval by Commissioner of Transportation. This section shall take
effect after approval by the Commissioner of Transportation 20 days
after passage and publication as prescribed by law.
