Editor's Note: Ord. 6 S+FF 12-4-1996, establishing a truck route for trucks over four tons replaces in its entirety Chapter 4 of Title 23, which excluded trucks over four tons from certain streets.
[Ord. 6 S+FF, 12-4-1996; Ordinance for streets deleted: Ord. 6 PSF-A, 5-19-2010 § 1]
a. 
All trucks in total combined registered gross weight of vehicle plus load in excess of four tons shall utilize those streets listed which form a part of the system of truck routes, excluding such trucks from all other streets except for the purpose of pick up and delivery of materials in the City of Newark from the following streets or portions of streets:
TRUCK ROUTE FOR TRUCKS OVER FOUR (4) TONS
Street
From
To
Direction
Avenue L
Wilson Avenue
Saint Charles Street
Northbound only
Avenue P
Wilson Avenue
Roanoke Avenue
Northbound and southbound
[Ord. 6 PSF-A, 5-19-2010 § 1]
Broadway
Bloomfield Place
Broad Street
Southbound only
Clay Street
Broad Street
McCarter Highway
Eastbound only
Doremus Avenue
Port Street
I-95 access ramp
Northbound and southbound
East Peddie Street
Frelinghuysen Avenue
Elizabeth Avenue
Westbound only
Empire Street
U.S. Highway 22
U.S. Highway 22
Westbound and southbound
Ferry Street
Saint Charles Street
Raymond Boulevard
Eastbound only
Foundry Street
Raymond Boulevard
Avenue P
Northbound and southbound
[Ord. 6 PSF-A, 5-19-2010 § 1]
Frelinghuysen Avenue
Virginia Street
Poinier Street
Northbound and southbound
Haynes Avenue
Entire length
Entire length
Eastbound and westbound
Market Street
Prospect Street
Ferry Street
Eastbound only
Meeker Avenue
Haynes Avenue
Frelinghuysen Avenue
Northbound and southbound
Poinier Street
Frelinghuysen Avenue
Broad Street
Eastbound and westbound
Port Street
I-95
Doremus Avenue
Eastbound and westbound
Raymond Boulevard
U.S. Highway 1&9
McCarter Highway
Westbound only
Ridgewood Avenue
West Peddie Street
West Runyon Street
Northbound only
[Ord. 6 PSF-A, 5-19-2010 § 1]
Roanoke Avenue
Rome Street
Foundry Street
Eastbound only
[Ord. 6 PSF-A, 5-19-2010 § 1]
Roanoke Avenue
Avenue P
Doremus Avenue
Northbound and southbound
[Ord. 6 PSF-A, 5-19-2010 § 1]
Rome Street
Saint Charles Street
Roanoke Avenue
Eastbound only
[Ord. 6 PSF-A, 5-19-2010 § 1]
Saint Charles Street
Avenue L
Rome Street
Northbound only
[Ord. 6 PSF-A, 5-19-2010 § 1]
South Street
Stockton Street
McCarter Highway
Eastbound and westbound
Stecker Street
Lyons Avenue
Route 78 entrance ramp
[Ord. 6 S+FA, 7-2-1996]
Stockton Street
Entire length
Entire length
Northbound and southbound
Vanderpool Street
Broad Street
McCarter Highway
Eastbound only
Victoria Street
Empire Street
Frelinghuysen Avenue
Eastbound only
West Peddie Street
Elizabeth Avenue
Ridgewood Avenue
Westbound only
West Runyon Street
Ridgewood Avenue
Irvine Turner Boulevard
Eastbound only
[Ord. 6 PSF-A, 5-19-2010 § 1]
Wilson Avenue
Stockton Street
Doremus Avenue
Eastbound and westbound
b. 
This section does not prohibit the pick up and delivery of materials on streets which are not designated for trucks in excess of four tons according to the City of Newark.
c. 
This section does not exclude trucks used by public utility companies in connection with the construction, installation, operation, maintenance, or repair of utility facilities from any street in the City of Newark.
d. 
No State highway route shall be designated as part of such a system of truck routes, nor shall any truck in excess of four tons be excluded from any State highway without the approval of the State Highway Commissioner.
e. 
No County road shall be designated as part of such a system of truck routes, nor shall any truck in excess of four tons be excluded from any County road without the approval of the Board of County Commissioners[1] of Essex County.
[1]
Editor's Note: Editor’s Note: Pursuant to P.L.2020, c. 67, effective January 1, 2021, the term “Board of Chosen Freeholders” was renamed the “Board of County Commissioners.”
f. 
This section shall take effect upon completion of sign installation in conformance with the Manual on Uniform Traffic Control Devices.
g. 
This section shall be in accordance with the authorized plan entitled "Proposed Truck Route Signage Project" dated November 18, 1996.
[Ord. 6 S+FE, 1-4-1989]
a. 
Trucks over 10 tons gross weight are hereby excluded from the following designated street or portions of streets:
Clay Street, from McCarter Highway to its eastern terminus.
b. 
Nothing within this section shall be construed as preventing such trucks from making deliveries of merchandise or other property along streets from which such trucks are excluded, or as excluding from any street in the City any trucks used by Public Utility companies in connection, installation, operation or maintenance of public utility facilities.
[Ord. 6 PSF-C, 9-19-2012]
Any trucks in excess of the 80,000 pound maximum gross vehicle weight (MGVW), but a maximum not exceed 128,000 pound maximum gross vehicle weight (MGVW), may utilize those streets listed which form a part of the Truck Routes for Overweight Vehicles.
Truck Route for Overweight Vehicles
Street
From
To
Direction
Doremus Avenue
Port Street
Route 1 & 9 Truck Route
Northbound Southbound
[C.S. 1966, Ord. 6 S+FP, 9-21-1988; Ord. 6 S+FB, 3-15-1989 § 1]
a. 
Between the hours of 6:30 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday, the curb lanes beginning at Pennington Street, continuing in a northerly direction to Orange Street and from 315 feet south of the southerly curbline of Bridge Street, continuing in a southerly direction to Lincoln Park are hereby designated for bus usage only. No other vehicle may enter, stand or park in these lanes during these time periods, except as hereinafter provided.
b. 
The above provision, however, does not preclude other vehicles from entering the curb lanes for the sole purpose of making right hand turns. No vehicle other than a bus may traverse an intersection while in that lane. In addition, the above provision does not preclude taxicabs or commuter vans from entering the curb lanes for the sole purpose of picking up or discharging passengers.
c. 
This section will not affect any other parking restrictions in effect on Broad Street between Lincoln Park and State Street.
[Ord. 6 S+FQ, 9-21-1988 § 23:4-3; Ord. 6 S+FC, 3-15-1989 § 1]
a. 
Between the hours of 6:30 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m., Monday through Friday, the curb lanes on both the east and west sides of Market Street, between University Avenue and Mulberry Street, are hereby designated for bus only. No other vehicle may enter, stand or park in these lanes during these time periods, except as hereinafter provided.
b. 
The above provision, however, does not preclude other vehicles from entering the curb lanes for the sole purpose of making right hand turns. No vehicle other than a bus may traverse an intersection while in that lane. In addition, the above provision does not preclude taxicabs or commuter vans from entering the curb lanes for the sole purpose of picking up or discharging passengers.
c. 
This section will not affect any other parking restrictions in effect on Market Street between Mulberry Street and University Avenue.
[Ord. 6 S+FE, 7-2-2008 § 1]
a. 
At all times, the curb lane on the south side of Raymond Boulevard between McCarter Highway and Raymond Plaza West, is hereby designated for buses only. This provision does not preclude other vehicles from entering the curb lane for the sole purpose of making right hand turns. The penalties for violating this section shall be covered under Section 23:4-4, Penalties, of Title 23, Traffic and Parking of the Revised General Ordinances of the City of Newark, New Jersey, 2000 as amended and supplemented.
b. 
Between the hours of 3:30 p.m. to 6:30 p.m., Monday through Friday, the center lane on Raymond Boulevard, between McCarter Highway and Raymond Plaza East, is hereby designated for buses only. The penalties for violating this section shall be covered under Section 23:4-4, Penalties, of Title 23, Traffic and Parking of the Revised General Ordinances of the City of Newark, New Jersey, 2000 as amended and supplemented.
[Ord. 6 S+FR, 9-21-1988; Ord. 6 S+FE, 7-2-2008 § 1; Ord. 6PSF-A(S), 1-7-2016]
a. 
Unless another penalty is expressly provided by New Jersey statute, any person who violates either Section 23:4-2 or Section 23:4-3 or Section 23:4-3.1 shall, upon conviction thereof, be punished by a fine as stated in the Schedule of Penalties for Violations.
b. 
In addition to the penalty imposed by Section 23:4-4a, whenever any member of the Newark Division of Police finds a vehicle upon Broad Street or Market Street or Raymond Boulevard in the City and;
1. 
Such vehicle is parked in violation of Sections 23:4-2 or 23:4-3 or 23:4-3.1 of these Revised General Ordinances; or
2. 
Such member has reasonable grounds to believe that such vehicle has been abandoned as defined in N.J.S. 39:4-56.5;
Then such member may move or secure the removal of such vehicle to such garage or place as may be designated by the Director of the Department of Public Safety as a garage or place for the impounding of such vehicles and such vehicle shall be there retained and impounded until the person owning such vehicle shall pay the reasonable cost of such taking and removal together with the normal storage charge. Immediately after a vehicle is so removed, the Chief of Police or such member acting for him/her shall notify the registered and legal owner in writing, by personal service or by registered mail at the last known address of the owner of the removal of such vehicle and the reason for the same and the location of the vehicle. After the vehicle has been in the possession of the Division of Police for 30 days, and the owner is unknown and cannot be found or refuses to receive such vehicle, the Director of the Department of Public Safety may proceed to sell such vehicle in accordance with the provisions of the laws of the State.
[1]
Editor's Note: See Appendix to Title XXIII for the Schedule of Penalties Violations.
[Ord. 6 PSF-E, 5-18-2016]
a. 
Purpose. This section is enacted to encourage drivers to strictly obey traffic control devices along the City of Newark's designated Bus Lanes, facilitating the flow of buses, reducing congestion and protecting the safety and well-being of motor vehicle occupants and pedestrians in the City of Newark in full compliance New Jersey Laws and in accordance with any rules and regulations promulgated or to be promulgated by the State of New Jersey, the Commissioner of Transportation, the Chief Administrator of the Motor Vehicle Commission, the Superintendent of the State Police and any Rules of Court that may be adopted by the Supreme Court of the State of New Jersey.
1. 
The City of Newark is hereby authorized and empowered to establish bus lane photo enforcement traffic control devices along the City of Newark's designated Bus Lanes that will impose monetary liability on the owner of a vehicle for failure of an operator thereof to comply with bus lane restrictions in accordance with the provisions of this Section. Such bus lane photo enforcement traffic control devices shall be stationary or mobile and shall be activated at locations determined by the Department of Engineering.
[Ord. 6 PSF-E, 5-18-2016]
a. 
Definitions. For purposes of this section, the following terms shall have the following meanings:
1. 
OWNER - Shall mean the registered owner of the motor vehicle.
2. 
BUS LANE PHOTO ENFORCEMENT MONITORING SYSTEM - Shall mean a traffic control device that is capable of operating independently of an enforcement officer and produces one or more images of each vehicle at the time it is in violation of bus lane restrictions in designated Bus Lanes.
3. 
BUS LANE RESTRICTIONS - Shall mean restrictions on the use of designated bus lanes by vehicles other than buses along designated bus lanes.
4. 
DEPARTMENT - Shall mean the Department of Engineering.
5. 
RECORDED IMAGE - Shall mean a digital image recorded by a bus lane photo enforcement monitoring system.
6. 
SUMMONS - Shall mean a citation alleging a violation.
7. 
MONITORING SYSTEM - Shall mean a traffic control device utilizing a camera, or a multiple camera system, and vehicle sensors which detects vehicles in a designated bus lane and is capable of producing:
(a) 
High resolution color digital recorded images that show: (1) a motor vehicle in a designated bus lane; (2) a motor vehicle unlawfully driving in a bus lane and bus lane sign clearly displayed; and (3) a portion of the rear of the motor vehicle unlawfully driving in the designated bus lane including vehicle's license plate and the make and model of the vehicle are clearly shown; and
(b) 
At least one of the digital color images shall contain the following: (1) the scene of the location where the violation occurred; (2) the violating motor vehicle; (3) the license plate numbers, letters, and issuing jurisdiction; (4) the day, month, and year of the violation; (5) the time of the violation in hours, minutes, and seconds; (6) the frame sequence code. This information shall be imprinted along the bottom or top edge of the image frame so as not to obstruct the violation image; and
(c) 
A video recording of the violation that shows the violation occurring.
[Ord. 6 PSF-E, 5-18-2016]
a. 
The City of Newark hereby determines to install and utilize a traffic control bus lane photo enforcement monitoring system along various designated Bus Lanes within the City of Newark.
b. 
The system to be installed shall be approved by Resolution of the Municipal Council.
c. 
The City of Newark shall have the authority to enter into a contract, following a lawful procurement process, for the installation of the system.
d. 
The signs notifying drivers that a system is being utilized shall be approved by the Department of Engineering, and shall be placed on each street converging into the affected intersection as required by the Act. The sign shall be of a design and placed in accordance with specifications approved by the Director of the Department of Engineering. The specifications so approved shall conform with the uniform system set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways."
e. 
The Department of Engineering shall inspect and certify the system at least once every six months from the date of its installation.
[Ord. 6 PSF-E, 5-18-2016; Ord. 6PSF-A(S), 1-7-2016]
The City of Newark Division of Police n/k/a the Department of Public Safety shall review the recorded images produced by the system, to determine whether sufficient evidence exists demonstrating that a violation has occurred and shall issue a summons when appropriate in accordance with the New Jersey Rules of the Court.
[Ord. 6 PSF-E, 5-18-2016]
a. 
Any images produced by such mobile bus lane photo traffic control devices shall not be used for any other purpose in the absence of a court order requiring such images to be produced.
b. 
The City of Newark shall adopt and enforce measures to protect the privacy of drivers, passengers, pedestrians, and cyclists whose identity and identifying information may be captured by a bus lane photo device. Such measures shall include:
1. 
Utilization of necessary technologies to ensure, to the extent practicable, that images produced by such bus lane photo traffic control devices shall not include images that identify the driver, the passengers, or the contents of the vehicle, provided, however, that no notice of liability issued pursuant to this Section shall be dismissed solely because an image allows for the identification of the driver, the passengers or other contents of a vehicle;
2. 
A prohibition on the use or dissemination of vehicles' license plate information and other information and images captured by bus lane photo traffic control devices except: (A) as required to establish liability under this Section or collect payment of penalties; (B) as required by court order; or (C) as otherwise required by law;
3. 
The installation of signage at regular intervals within restricted bus lanes stating that bus lane photo traffic control devices are being used to enforce restrictions on vehicular traffic in designated Bus Lanes; and
4. 
Oversight procedures to ensure compliance with the aforementioned privacy protection measures.
c. 
An imposition of liability pursuant to this section shall not be deemed a conviction of an operator and shall not be made part of the operating record of the person upon whom such liability is imposed, nor shall it be used for insurance purposes in the provision of motor vehicle insurance coverage.
d. 
A notice of liability shall be sent by first class mail to each person alleged to be liable as an owner for a violation of a bus lane restriction. Personal delivery to the owner shall not be required. A manual or automatic record of mailing prepared in the ordinary course of business shall be prima facie evidence of the facts contained therein.
e. 
A notice of liability shall contain the name and address of the person alleged to be liable as an owner for a violation of a bus lane restriction, the registration number of the vehicle involved in such violation, the location where such violation took place including the street address or cross streets, one or more images identifying the violation, the date and time of such violation and the identification number of the bus lane photo device which recorded the violation or other document locator number.
f. 
The notice of liability shall contain information advising the person charged of the manner and the time in which he or she may contest the liability alleged in the notice. Such notice of liability shall also contain a warning to advise the persons charged that failure to contest in the manner and time provided shall be deemed and admission of liability and that a default judgement may be entered thereon.
g. 
The notice of liability shall be prepared and mailed by the agency or agencies designated by the City of Newark, or any other entity authorized by such City to prepare and mail such notification of violation.
h. 
Adjudication of the liability imposed upon owners by this section shall be by the Newark Parking Violations Bureau.
[Ord. 6 PSF-E, 5-18-2016; Ord. 6PSF-A(S), 1-7-2016]
a. 
If an owner of a vehicle receives a notice of liability pursuant to this section for any time period during which such vehicle was reported to the Division of Police as having been stolen, it shall be a valid defense to an allegation of liability for a violation of a bus lane restriction that the vehicle had been reported to the police as stolen prior to the time the violation occurred and had not been recovered by such time. For purposes of asserting the defense provided by this section it shall be sufficient that a certified copy of the police report on the stolen vehicle by sent by first class mail to the Parking Violations Bureau of the City.
b. 
An owner who is a lessor of a vehicle to which a notice of liability was issued shall not be liable for the violation of a bus lane restriction, provided that:
1. 
Within 30 days after receiving notice from such bureau of the date and time of a liability, together with the other information contained in the original notice of liability, the lessor submits to such Bureau the correct name and address of the lessee of the vehicle identified in the notice of liability at the time of such violation, together with such other additional information contained in the rental, lease or other contract document, as may be reasonably required by such bureau pursuant to regulations that may be promulgated for such purpose.
2. 
Where the lessor complies with the provisions of paragraph one of this subdivision, the lessee of such vehicle on the date of such violation shall be deemed to be the owner of such vehicle for purposes of this section, shall be subject to liability for such violation pursuant to this Section and shall be sent a notice of liability.
c. 
If the owner is liable for a violation of a bus lane restriction and was not the operator of the vehicle at the time of the violation, the owner may maintain an action for indemnification against the operator.
d. 
Nothing in this section shall be construed to limit the liability of an operator of a vehicle for any violation of bus lane restrictions.
[Ord. 6 PSF-E, 5-18-2016; Ord. 6PSF-A(S), 1-7-2016]
a. 
Except as otherwise provided in this section, the recorded images produced by the system shall be available for the exclusive use of the sworn officers of the Newark Division of Police n/k/a the Department of Public Safety 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 pursuant to the New Jersey Open Public Records Act, N.J.S.A. 47:1A-1, et seq., or New Jersey Common Law right to access to public documents. 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 court order in a criminal matter, or (ii) offered as evidence in any civil or administrative proceeding not directly related to a bus lane violation.
c. 
A certificate, sworn to or affirmed by a technician employed by the City in which the charged violation occurred, or a facsimile thereof, based upon inspection of photographs, microphotographs, videotape or other recorded images produced by a bus lane photo device, shall be prima facie evidence of the facts contained therein. Any photographs, microphotographs, videotape or other recorded images evidencing such a violation shall be available for inspection in any proceeding to adjudicate the liability for such violation pursuant to this section.
d. 
Any recorded image or information collected in connection with a bus lane violation shall not be retained after 60 days following the collection of any fine or penalty.
[Ord. 6 PSF-E, 5-18-2016]
Bus Lane Photo Enforcement Monitoring Systems shall be installed along the designed exclusive bus lanes as set forth in Title XXIII, Traffic, Chapter 4, Limiting Use of Streets to Certain Vehicles, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, Sections 23:4-2 and 23:4-3, as may be amended from time to time.