Whenever any words and phrases are used in this chapter, the meanings respectfully ascribed to them in Subtitle 1 of Title 39 of the New Jersey Statutes Annotated shall be deemed to apply to such words and phrases used herein.
[1]
Editor's Note: Ordinance No. 1-1997 also repealed former Ch. 284, Vehicles and Traffic, as amended, adopted 1-17-1996 by Ord. No. 1-1996. The form of the proposed codification which is attached to this ordinance and specifically made a part of the same by this reference has been approved by the State of New Jersey via letter of William E. Anderson, Manager, Bureau of Traffic Engineering and Safety Programs dated November 20, 1995; and the Atlantic County Board of Chosen Freeholders has adopted a resolution consenting to the same, said resolution dated October 29, 1996.
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.
All former traffic ordinances regulating the operation of vehicles on public streets of the City of Brigantine are hereby repealed, except that this repeal shall not affect or prevent the prosecution or punishment of any person for any act done or committed in violation of any ordinance hereby repealed prior to the taking effect of this chapter.
A. 
The City Manager or, in his absence, disability or inability to act, the Director of Public Safety or, in the event of his absence, disability or inability to act, then the Chief of Police of the municipality is hereby authorized to provide by regulation for the closing of any street or portion thereof to motor vehicle traffic on any day or days during specified hours on any day or days whenever he finds that such closing is necessary for the preservation of the public safety, health or welfare.
B. 
Any regulations promulgated by the City Manager and in accordance with Subsection A above shall provide for the posting of proper warning signs of such closing on any street or portion thereof during the time the same is closed in pursuance thereof.
C. 
Any violation of this regulation promulgated thereunder shall be punished by a fine not to exceed $50.
D. 
Any regulation adopted that mandates the closing of any street for a period greater than 48 consecutive hours shall not become effective unless and until it has been submitted to and approved by the Commissioner of the Department of Transportation.
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 peace officer may provide for the removal of such vehicle. The owner shall bear the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
A. 
Unless another penalty, lesser or greater, is expressly provided by New Jersey statute, every person convicted of a violation of a provision of this chapter or supplement thereto shall be liable for a penalty of not more than $50 or imprisonment for a term not exceeding 15 days, or both, upon conviction by the Municipal Court of the City of Brigantine or such other court of law as has jurisdiction over such offenses.
B. 
Pursuant to N.J.S.A. 39:4-138o and 39:4-197(3)c, every person convicted of a violation of a provision of this chapter or any supplement thereto of those regulations set forth to reserve spaces on public or private property for physically handicapped persons shall be liable for a penalty or fine of at least $100 for the first offense and for subsequent offenses a fine of at least $100 and up to 90 days' community service on such terms and in such form as the Municipal Court of the City of Brigantine or such other court of law as has jurisdiction shall deem appropriate, or any combination thereof.
C. 
In addition to any fine or penalty authorized by this chapter for any offense, the court having jurisdiction shall impose such costs as are authorized by law or by the rules of court.
D. 
In addition to any fine, penalty or cost authorized by this chapter for any offense, the court having jurisdiction shall impose such surcharges as are authorized by law or by the rules of the court.
E. 
The presumptive or standard fines, penalties, costs and surcharges as are intended to be charged in and under the Statewide Violations Bureau schedule or under the regulations solely found within this chapter for offenses not requiring any appearance in court shall be listed and set forth in an order of the Municipal Court, in accordance with the rules of court, by the Assignment Judge for the Atlantic - Cape May vicinage of the Superior Court of New Jersey from time to time, as required by law and the rules of court.
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.