[HISTORY: Adopted by the Mayor and Council
of the Township of North Brunswick 10-24-2005 by Ord. No. 05-23.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed
former Ch. 287, Snow and Ice Removal, adopted 3-6-1961, as amended.
As used in this chapter, the following terms
shall have the meanings indicated:
Includes the person, persons or entity(ies) holding legal
title to any lot, parcel of land or real property, whether improved
or unimproved, and whether or not occupied by the owner or any tenant.
A lot or parcel or any other real estate providing space
for the parking of motor vehicles within a private parking area.
A strip of land owned by the Township of North Brunswick
intended to be occupied by a road, crosswalk, railroad, electric transmission
lines, oil or gas pipeline, waterline, sanitary storm sewer and other
similar uses.
Includes paved or flagstone walk(s) intended for use by pedestrians,
or, in the absence of such paved or flagstone walks, that portion
of unpaved area normally traversed by pedestrians.
When a snowstorm occurs which constitutes a serious public
hazard impairing pedestrian travel, transportation, the movement of
food and fuel supplies, medical care and fire, health, police protection
and other vital facilities of the Township, the Office of Emergency
Management Coordinator shall declare a state of emergency.
[Amended 4-21-2008 by Ord. No. 08-10]
A.
Duty of owners.
(1)
It shall be the duty of the owner of any residential
lot, parcel of land or real property in the Township abutting or bordering
on the sidewalks of a public street to remove or cause to be removed
all snow and ice from the sidewalk area in front of or bordering upon
the owner's lands. Within 24 hours of the cessation of any storm or
fall of snow or ice, as determined by the Director of the Department
of Public Works, based upon a reasonably objective standard, such
as the National Weather Service reports. Said snow or ice shall be
so removed so that an unobstructed portion of the sidewalk area is
open and cleared to a width of at least three feet.
(2)
It shall be the duty of the owner or operator of any
nonresidential lot, parcel of land or real property in the Township
abutting or bordering on the sidewalks of a public street to remove
or cause to be removed all snow and ice from the sidewalk area in
front of or bordering upon the owner's lands, within 12 hours of the
cessation of any storm or fall of snow or ice, as determined by the
Director of the Department of Public Works, based upon a reasonably
objective standard, such as the National Weather Service reports.
Said snow or ice shall be so removed so that an unobstructed portion
of the sidewalk area is open and cleared to a width of at least three
feet. The owners of any premises used for any nonresidential purposes
shall, in addition to the removal of snow and ice on sidewalks, remove
or cause to be removed any and all snow and ice from parking lots,
walkways and any other areas used by their customers or employees.
(3)
It shall be the duty of the owner or operator of any
parking lot which is open to the public or to which the public is
invited and which contains special parking spaces for the use of persons
who have been issued a placard or wheelchair symbol license plates
pursuant to N.J.S.A. 39:4-204 et seq., to be responsible for assuring
that access to these special parking spaces and to curb cuts or other
improvements designed to provide accessibility for handicapped persons
is not obstructed.
(a)
If snow or ice is obstructing such special parking
space, curb cut or other improvement designed to provide accessibility
for the handicapped on a residential lot, same shall be removed within
24 hours of the cessation of any storm or fall of snow or ice, as
determined by the Director of the Department of Public Works, based
upon a reasonably objective standard, such as the National Weather
Service reports.
(b)
If snow or ice is obstructing such special parking
space, curb cut or other improvement designed to provide accessibility
for the handicapped on a nonresidential lot, same shall be removed
within 12 hours of the cessation of any storm or fall of snow or ice,
as determined by the Director of the Department of Public Works, based
upon a reasonably objective standard, such as the National Weather
Service reports.
(4)
Ice which is so frozen as to make removal impractical
shall either be treated with rock salt or other chemicals which will
thaw the ice sufficiently to permit removal or be thoroughly covered
with sand, ashes or cinders.
(5)
In the case of condominium developments, the condominium
association may designate, in writing, primary and secondary walkways
which shall be subject to the review and approval of the Department
of Community Development. Any walkways not specifically designated
in writing and approved as secondary walkways shall be presumed to
be primary walkways. Snow shall be removed from all primary walkways
within 24 hours and shall be removed from all secondary walkways within
72 hours of the cessation of any storm or fall of snow or ice as determined
by the Director of the Department of Public Works, based upon a reasonably
objective standard, such as the National Weather Service reports,
and, if same cannot be wholly removed from such primary and secondary
walkways, sand, salt or other proper substance shall be sprinkled
thereon so that such primary and secondary walkways shall be safe
for travel.
B.
The Director of the Department of Public Works, or
his designee, shall be primarily charged with the enforcement of the
provisions of this chapter with respect to public streets and shall
cause prosecutions for violations thereof to be instituted before
the Judge of the Municipal Court with all reasonable dispatch. In
addition to the Director of the Department of Public Works, the Police
Department and/or the Director of the Department of Community Development,
or his designee, shall have concurrent authority to enforce the provisions
of this chapter with respect to public streets. The Director of the
Department of Community Development, or his designee, shall be primarily
charged with the enforcement of the provisions of this chapter with
respect to private property and commercial, industrial and multifamily
properties and shall cause prosecutions for violations thereof to
be instituted before the Judge of the Municipal Court with all reasonable
dispatch. In addition to the Director of the Department of Community
Development, the Police Department and/or the Director of the Public
Works, or his designee, shall have concurrent authority to enforce
the provisions of this chapter with respect to private property and
commercial, industrial and multifamily properties. The applicable
enforcement authority or any department with concurrent enforcement
authority, shall not be required to serve a violation notice or like
correspondence to violators of the provisions of this chapter and
shall have the right to immediately issue summonses to any violators
of the provisions of this chapter.
C.
In cases where the owner has failed and/or refused to remove said snow and/or ice or has failed to provide for the covering of any icy patches within the time frames provided by this chapter, the applicable enforcement authority or his designee shall have the power to cause the said snow or ice to be removed or covered, as the case may be, the sole cost and expense of which shall be borne by the owner in accordance with the provisions of § 287-9 hereinbelow.
No person shall throw, place or in any way deposit
snow or ice into or upon any street, highway, public right-of-way,
sidewalk, walkway or parking lot.
No person shall throw, place or in any way deposit
snow or ice onto any adjacent properties without the prior express
written consent of the owners of the adjacent properties.
It shall be illegal for any person to create
a safety hazard by causing any obstruction to the sight line of motor
vehicles and pedestrians on streets and sidewalks due to the piling
up of snow and ice from the plowing and/or removal of same from any
property, street or sidewalk.
A.
During the appropriate months of the year, "No Parking
— Snow Emergency" signs shall be posted on the following streets:
[Amended 9-20-2010 by Ord. No. 10-24; 9-6-2011 by Ord. No. 11-15; 11-5-2018 by Ord. No. 18-08]
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Cranbury Cross Road
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Hermann Road
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Nassau Street
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Newton Street
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Ridgewood Avenue
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Independence Boulevard: both sides of Route 130
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Aaron Road
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Hartland Commons
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Hidden Lake Drive
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Schmidts Lane
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Willowbrook Drive
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Axel Avenue
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Woodland Avenue from Jerome terminus at Stevens Street
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Cleremont Avenue
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Carlisle Road
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Masoma Road
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Serviss Avenue from the intersection with Stevens Street to
dead end of Serviss Avenue
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Beverly Avenue from Oakwood Place to Livingston Avenue
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Beechwood Place from Glenridge Avenue to Cleremont Avenue
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North Oaks Boulevard
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Renaissance Boulevard North
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(1)
Partial
snow emergency streets. During the appropriate months of the year,
"No Parking Snow Emergency — Parking Prohibited Area" signs
shall be posted in areas of streets on which parking is prohibited
only in selected sections of that street during snow emergencies:
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Linwood Place: both sides of street in an area between Hermann
Road and Cranbury Cross Road intersections
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Linwood Place: both sides of street in an area between Glenridge
Avenue and Woodland Avenue intersections
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Wood Avenue: both sides of street beginning at Route 130 intersection
continuing to the emergency access gate into Birchwood Court at Wood
Avenue terminus
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Haverford Street: both sides of street in an area between Lee
Avenue and Livingston Avenue intersections
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Stevens Street: both sides of street in an area between Lee
Avenue and Livingston Avenue intersections
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Huron Road: both sides of street in an area between Axel Avenue
and Jersey Avenue (State Route 91) intersections
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Riverbend Drive: one side of street designated by posted No
Parking — Snow Emergency signs
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Village Drive East: western curb face of roadway designated
by posting No Parking — Snow Emergency signs
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Village Drive South: northern curb face of roadway designated
by posted No Parking — Snow Emergency signs
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Village Drive West: eastern curb face of roadway designated
by posting No Parking — Snow Emergency signs
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(2)
Parking
prohibited area signage. In the case of streets having partial snow
emergency parking restrictions, signage shall dictate "No Parking
Snow Emergency; Parking Prohibited Area."
B.
The lack
of such a sign on any of the described streets shall not be construed
to mean that parking is permitted during snow emergencies.
[Amended 9-6-2011 by Ord. No. 11-15; 11-5-2018 by Ord. No. 18-08]
A.
Whenever snow has fallen and the accumulation is such that it covers
the street, no vehicle shall be parked on either side of any street
designated a "snow emergency street," nor shall any vehicle be parked
in the selected sections of a street designated "Snow Emergency No
Parking When Road Is Snow Covered Tow Away Zone."
B.
The above 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.
C.
Whenever snow accumulation is forecasted or predicted to be four
inches or more or if ice is forecasted or predicted, no person shall
park, stop, stand or leave unattended or abandoned any vehicle on
any Township street or road or Township field(s) from the first hour
of commencement of the snow or ice to 12 hours after snow or ice ceases
to fall, as determined by the National Weather Service.
D.
Authorized vehicles in handicapped parking spaces pursuant to N.J.S.A.
39:4-197.5 et seq., shall be exempt from the provisions of this section.
E.
Any resident of the Township may park his/her vehicle in a Township
Park parking lot or any parking lots so designated by the Director
of the Department of Public Works, or his designee, for the duration
of the snow/ice event. In addition, residents may park their vehicles
anywhere on properties that they own or have an interest in, provided
they have written permission from the owner of the property.
F.
Any vehicle remaining on a Township street or road that is in violation
of this section may be ticketed and/or towed from the street at the
owner's expense.
Any unoccupied vehicle parked or standing 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 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.
Upon removal of said snow or ice, or upon undertaking the prevention of hazardous ice conditions by the Township as provided in § 287-2, the Director of Public Works, or his designee, shall cause such costs to be charged as a special tax against the owner of the lands abutting such sidewalks. The costs so charged shall be paid by the owner of said lands within 45 days of the mailing of such notice of costs charged. Should the property owner fail to pay the amount charged within the aforesaid forty-five-day period, the amount shall thereupon become a lien and tax upon the lands of the owner and shall be added to and become part of the taxes next to be levied and assessed upon such lands by the Tax Collector's office. Said amount shall bear interest at the same rate and shall be collected and enforced by the same officers and in the same manner as taxes. The Township shall have the right to bring a summary action for collection of such costs incurred in the Superior Court of New Jersey, Law Division, Middlesex County.
[Amended 4-17-2006 by Ord. No. 06-06; 4-21-2008 by Ord. No.
08-10]
A.
Any person who violates any provision of this chapter,
except for § 207-2A(3)(a) and (b), shall, upon conviction
thereof, be punished by a fine not exceeding $500 or be imprisoned
for a term not exceeding 90 days, or both. A separate offense shall
be deemed committed on each day during or on which a violation occurs
or continues.
B.
The Township shall, upon a second or subsequent violation of any provision of this chapter within the same calendar year have the right, but not the obligation, to cause the removal of the snow and ice or hazardous condition and to charge the costs of same against the violator, pursuant to the terms and conditions of § 287-9 herein.
D.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues pursuant to § 287-10B herein.
E.
Any person who violates any of the provisions of § 287-2A(3)(a) and (b) shall, upon conviction thereof, be punished by a fine not less than $500 and not exceeding $1,000 for each space that is obstructed, or, be imprisoned for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
