[New]
Words and phrases used in this chapter shall have the meanings ascribed to them by N.J.S.A. 39:1-1.
[New]
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.
[1]
Editor's Note: Pursuant to section 4 of Ordinance 97-889, the provision of section 7-3 of this chapter shall be applicable to Cherry Valley Estates (Phases I and II).
[New]
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 N.J.S.A. 39:4-138, any other New Jersey statute or as hereinafter provided.
[New]
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 construction, public celebrations or gatherings dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that the 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 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 assume 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.
[New; Ord. #93-766, S 1; Ord. #01-1042; Ord. #06-1218, S 1; Ord. #11-1391; Ord. #2015-1488; Ord. No. 16-1514 § 1]
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I of Chapter 7A.
[New]
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.
[Ord. #78-338; Ord. #297]
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 of Chapter 7A.
[New; Ord. #00-998, S 2]
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.
[Ord. #87-571, S 1]
a. 
Whenever snow has fallen and the accumulation is such that it covers the streets or highways, an emergency shall exist and no vehicle shall be parked on any of the municipally owned streets in the Township. This parking prohibition 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 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 of such vehicle shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of the vehicle.
c. 
The effectiveness of the provisions of this section is contingent on signs being erected as required by law.
[Added 8-17-2023 by Ord. No. 23-1704]
a. 
Definitions. As used herein, the following terms shall have the following meanings:
CHARGING STATION
A location that is fitted with charging station equipment.
CHARGING STATION EQUIPMENT
The conductors, including ungrounded and grounded, and the electric vehicle connectors, attachment plugs, and all other fittings, devices, power outlets, charging status or apparatus installed specifically for the purpose of delivering electrical energy from the charging station to the electric vehicle.
CHARGING STATION SPACE
A dedicated, marked parking space that is fitted with charging station equipment and exclusively used for the charging of electric vehicles.
ELECTRIC SCOOTER and/or ELECTRIC MOTORCYCLE
A two-wheel or three-wheel electric vehicle that operates exclusively on electrical energy stored in the vehicle's batteries.
ELECTRIC VEHICLE
A vehicle that operates, either partially or exclusively, on electrical energy from a charging station or other electrical energy source that is stored in the vehicle's battery for propulsion purposes. "Electric vehicle" includes: a battery electric vehicle; a plug-in hybrid electrical vehicle; a neighborhood electric vehicle; and electric scooters or electric motorcycles.
NEIGHBORHOOD ELECTRIC VEHICLE
An electric vehicle that is a low-speed vehicle, built to have a top speed of 25 miles per hour and to have a maximum loaded weight of 3,000 pounds.
NONELECTRIC VEHICLE
A vehicle that does not meet the definition of "electric vehicle" as provided herein.
PLUG-IN HYBRID ELECTRIC VEHICLE or PHEV
An electric vehicle that contains an internal combustion engine and also allows power to be delivered to drive wheels by an electric motor; charges its battery primarily by connecting to a charging station or other electrical source not on board the vehicle; may additionally be able to sustain a battery charge using an on-board internal-combustion-driven generator; and has the ability to be propelled through the use of electricity.
SITTING
An electric vehicle remaining in a charging station space after charging is complete.
b. 
Designation of spaces. The Township has designated parking spaces at each of the following locations for use as charging stations:
1. 
Two spaces at the Otto Kaufman Community Center.
2. 
Four spaces at the Municipal Complex.
c. 
Fees. The following fees shall apply to use of each designated electric vehicle charging station space:
Type
Fee
Up to 4 hours
$2/hour
Maximum time limit
4 hours
Minimum fee
$2
More than 4 hours (whether actively charging or sitting)
$5 per hour or part thereof
d. 
Use of said charging station spaces shall be limited and restricted as follows:
1. 
It shall be unlawful for any person to park or leave standing a vehicle in a stall or space that is designated as a charging station space unless the vehicle is an electric vehicle as defined in this section and is connected for electric charging purposes. Any vehicle violating this requirement is subject to parking fees, a violation and towing at the owner's expense in accordance with Chapter 4A of the Township Code.
2. 
Electric vehicles are authorized to park in spaces designated as charging station spaces only during the time when the vehicles are connected for electric charging purposes or up to four hours, whichever is less. Within 30 minutes of the time the vehicle is no longer charging, the owner or operator of said vehicle shall be required to remove the vehicle from the charging station space. If the owner or operator of said vehicle allows his or her vehicle to remain in a charging station space while the vehicle is no longer charging past the thirty-minute grace period, then said owner or operator shall be subject to a sitting fee, a violation, and further subject to towing at the owner's expense in accordance with Chapter 4A of the Township Code.
[Ord. #79-366; Ord. #80-398; Ord. #82-441; Ord. #87-554, S 1; Ord. #89-608, SS 1, 2; Ord. #90-666, S 1; Ord. #03-1095, S 1; Ord. #04-1156, S 1]
Trucks over four tons registered gross weight are hereby excluded from the streets or parts of streets described in Schedule V except for the pickup and delivery of materials on such streets, Schedule V of Chapter 7A.
[New; Ord. #98-925, S 1; Ord. #10-1359, S 1]
The streets or parts of streets described in Schedule VI of Chapter 7A are hereby designated as one-way streets in the direction indicated.
[New; Ord. #97-889, S 2; Ord. #02-1063; Ord. #11-1395]
In accordance with the provisions of subsection 7-6.1, the following streets or parts of streets are hereby designated as Through Streets. STOP signs shall be installed on or near the right side of each street intersecting or each entrance onto the Through Street except where YIELD right-of-way signs are provided for in Schedule IX.
[Ord. #78-356, S 1; Ord. #97-889, S 3; Ord. #11-1394]
Pursuant to the provisions of N.J.S.A. 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.
[New]
Pursuant to the provisions of N.J.S.A. 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.
[New]
The locations described in Schedule X of Chapter 7A are hereby designated as Loading Zones.
[New]
The locations described in Schedule XI of Chapter 7A are hereby designated as Taxi Stands.
[New]
The locations described in Schedule XII of Chapter 7A are hereby designated as Bus Stops.
[New; Ord. #14-1474; Ord. #14-1479]
No person shall make a left turn at any of the locations described in Schedule XIII of Chapter 7A.
[New]
No person shall make a U-Turn at any of the locations described in Schedule XIV of Chapter 7A.
[New]
No person shall make a turn at any of the locations described in Schedule XV of Chapter 7A.
[New]
No person shall make a right turn when facing a steady red signal (STOP) indication whenever an official sign is present prohibiting such turn on the red signal as described in Schedule XVI.
[Ord. #213; Ord. #80-403; Ord. #81-406; Ord. #83-453; Ord. #83-444, S 1; Ord. #85-498, S 1; Ord. #86-507, S 1; Ord. #87-572, S 1; Ord. #88-586, S 1; Ord. #89-631, S 1; Ord. #90-658, S 1; Ord. #90-671, S 1; Ord. #93-765, S 1; Ord. #93-733, S 1; Ord. #95-821, S 1; Ord. #95-833, S 1; Ord. #96-869, S 1; Ord. #97-889, S 1; Ord. #00-1012, S 1; Ord. #02-1066; Ord. #02-1067; Ord. #03-1107, S 1; Ord. #04-1159, S 1; Ord. #04-1161, S 1; Ord. #04-1162, S 1; Ord. #05-1198, S 1; Ord. #06-1204, S 1; Ord. #07-1267, S 1; Ord. #09-1323, S 1; Ord. #09-1325, S 1; Ord. #09-1332, S 1; Ord. #10-1351, S 1; Ord. #11-1393; Ord. #11-1397; Ord. #12-1405; Ord. #12-1412; Ord. #14-1457]
The streets or parts of streets described in Schedule XVII of 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.
[New; Ord. #93-776, S 1; Ord. #99-986, S 1; Ord. #01-1024, S 1; Ord. #01-1035; Ord. #01-1040; Ord. #03-1086, S 1; Ord. #09-1310, S 1; Ord. #11-1392]
No Passing Zones shall be established and maintained on the streets or parts of streets as described in Schedule XVIII.
[Ord. #83-466]
No person shall park a vehicle in a parking space designated and marked as being set aside for the physically handicapped, unless the vehicle shall have affixed thereto an identification certificate or marker issued by the Director of the Division of Motor Vehicles of the State of New Jersey or its equivalent in the case of a vehicle registered in another State. A rebuttable presumption shall be created, that the use of such space was not for the physically handicapped, when a vehicle lacking such identification is observed therein. Parking spaces designated as reserved for the physically handicapped are set forth in Schedule XIX.
[Ord. #83-446]
Spaces designated for handicapped parking shall be approximately 12 feet wide and marked with the National Wheel Chair Symbol which shall be painted near the center of each space. In addition, each space shall be identified with a clearly visible sign displaying the National Wheel Chair Symbol together with words substantially as follows: "This Space Reserved for the Physically Handicapped."
[Ord. #83-446; Ord. #90-699, S 1; Ord. #03-1115]
In accordance with N.J.S.A. 39:4-197(3)(c), any person found guilty of a violation of the provisions of this subsection concerning handicapped parking spaces shall be liable to the following penalties:
a. 
For the first offense, a fine of $250;
b. 
For subsequent offenses, a fine of at least $250 and up to 90 days community service upon such terms and in such form as the Court shall deem appropriate, or any combination thereof.
[New]
As used in this chapter the term "holidays" means and includes New Year's Day, Washington's Birthday, Good Friday, Easter, Memorial Day, Independence Day, Labor Day, General Election Day, Veteran's Day, Thanksgiving Day and Christmas Day, on the dates fixed by law for their observance.
[New]
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 not more than $50 or imprisonment for a term not exceeding 15 days or both.
All former traffic ordinances of Montgomery Township 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 chapter.
[Department of Transportation Letter, 4/5/93]
In accordance with the provisions of N.J.S.A. 39:4-120 (as amended), the traffic signals and the regulatory signs and markings necessary for the proper operation of the signals have been approved at the following intersections:
Route
Intersection
Municipality
County
Drawing No.
U.S. 206
Belle Mead-Griggstown Road
Montgomery Township.
Somerset
TS 4189
[Ord. #97-901, S 1; Ord. #97-904, S 1; Ord. #97-906, S 1; Ord. #00-1015, S 1; Ord. #01-1045, S 1; Ord. #03-1114, S 1; Ord. #11-1396; Ord. # 14-1469; Ord. No. 17-1554]
In accordance with N.J.S.A. 39:5A-1, certain regulations of Title 39 are hereby made applicable to the properties described in Schedule XXI of Chapter 7A.
[Ord. #97-901, S 1; Ord. #97-904, S 3; Ord. #97-906, S 3; Ord. #01-1045, S 2; Ord. #03-1114, S 3; Ord. #11-1390]
At no cost or expense to the Township, the owner of the subject property shall provide, install and maintain all necessary signs and pavement markings. The signs and pavement markings shall be in conformance with the current Manual on Uniform Traffic Control Devices.
[Ord. #99-958, S 1; Ord. No. 16-1514 § 2; Ord. No. 17-1546]
The locations described in Schedule XXII of Chapter 7A are hereby designated as Mid-Block Crosswalks.
[Ord. #00-999, S 2]
With the exception of those vehicles parked in spaces marked for visitors, when school is in session between the hours of 7:30 a.m. and 2:30 p.m. all vehicles parked in the Montgomery High School parking lots must be properly identified by a valid window sticker issued by the high school principal. Students attending Montgomery High School shall not park in the spaces marked for visitors.
[Added 9-5-2019 by Ord. No. 19-1620]
Pursuant to N.J.S.A. 39:4-197.3, the Township may, upon the adoption of a resolution declaring that an emergent or temporary condition dictates, adopt special traffic regulations, including, but not limited to, the closure of any municipal street or roadway, for a period not in excess of three months.
Pursuant to N.J.S.A. 39:4-94.2, the Chief of Police or Police Director of the Police Department of the Township of Montgomery, or his/her designee, is hereby authorized, by and on behalf of the governing body of the Township, to declare closed to traffic for any lawful purpose any municipal street or roadway, or portions thereof, whenever he/she finds that such closing is necessary for public safety reasons due to an emergency situation or other temporary condition necessitating closure for the preservation of the public health, safety or welfare.
Whenever a municipal street or road, or portion thereof, shall be declared closed to traffic for any lawful purpose, notice of the closing shall be posted, and a barricade erected, at the beginning and ending points of the closed section of the roadway or street.
Any person who, without the permission of the governing body or the Police Chief/Police Director or his/her designee: (a) mutilates or removes the notice, or damages, destroys or removes any warning sign or signal, or removes the barricade placed or posted by the Township, at any point along the highway, road or street in connection with or relating to the closed portion thereof; or (b) drives a vehicle over or upon the closed section of the highway, road or street which he/she knows or should have reason to know has been closed to traffic; or (c) violates any rule or regulation for the use of the highway, road or street duly made by the Township, as authorized by law shall be subject to a fine of not more than $100 in accordance with N.J.S.A. 39:4-94.2.