[HISTORY: Adopted by the Mayor and Council
of the Borough of Chester as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 225.
[Adopted 4-3-1980 as Ch. XII of the 1980 Code]
As used in this article, the following terms
shall have the meanings indicated:
The areas or places constructed or acquired or to be constructed
or acquired and owned by the Borough for the parking and storing of
motor and other vehicles, and shall include all real property, driveways,
and roads which are used or usable in connection with parking or storing
of such vehicles.
A.
Eleven-hour parking shall be permitted between the
hours of 7:00 a.m. and 6:00 p.m., and shall be limited to a period
of two hours.
B.
Parking shall be permitted with no limitation between
the hours of 6:00 p.m. and 2:00 a.m.
C.
No parking shall be permitted between the hours of
2:00 a.m. and 7:00 a.m.
D.
All regulations herein shall be effective daily.
Parking by all vehicles shall be accomplished
by driving the vehicle forward into the parking space (head-on), and
not by backing the vehicle into the space.
A.
It shall be unlawful and a violation of this article
for any person to permit a vehicle to remain in the parking lot for
a period of time longer than prescribed by this article. It shall
also be unlawful and a violation of this article for any person to
wash, paint, repair or otherwise work on or in any such vehicle; provided,
however, that nothing herein contained shall be construed to prohibit
necessary emergency repairs to a vehicle.
B.
Vehicles parked in excess of eight hours with one
or more "for sale" signs on or affixed thereto for the purpose of
advertising such vehicles for sale in public or private parking lots,
right-of-way easements, front yards and/or residential streets shall
be prohibited, except that a currently registered and inspected motor
vehicle which is parked on the property of the vehicle owner may display
one sign advertising it for sale, provided that:
[Added 4-6-2004 by Ord. No. 2004-2]
The Police Department may remove from any off-street
parking lot any unattended vehicle parked or standing in any portion
of any off-street parking lot which has remained in the lot for a
period of eight hours after a summons has been issued charging a violation
hereunder. When a vehicle is so removed from an off-street parking
lot, the owner of the vehicle shall pay, before being entitled to
the recovery or possession of the vehicle, all reasonable charges
for towing, storage, and all other expenses incurred in the removing
of the vehicle.
Any person who shall violate the provisions
of this article shall, upon conviction, be liable to a fine of not
more than $50 or imprisonment for a term not exceeding 10 days, or
both, in the discretion of the magistrate imposing the fine or imprisonment.
[Adopted 9-19-2006 by Ord. No. 2006-22[1]]
In accordance with the provisions of N.J.S.A.
40:48-2.46, on the following private property that is open to the
public and to which the public is invited the movement of traffic
shall be controlled by the regulations listed herein. No person shall
operate or park a vehicle in violation of the following regulations.
A.
Regulated properties. All vehicular traffic, pedestrian
traffic and parking of vehicles in parking areas and accessways of
parking yards and lots open to the public in the Borough of Chester,
set forth in this chapter as schedules annexed to and made part of
this chapter, or hereafter added by the governing body, will be referred
to as a regulated area.
B.
Plans, drawings, site plans or sketches of regulated
properties. In support of the traffic regulations at a regulated area,
there will be a plan, drawing, site plan or sketch, hereinafter known
as "plan," used to demonstrate the property. The plan will show traffic
control devices in effect for the specific regulated property. The
plan will also show the design of the parking area, including but
not limited to parking areas, traffic lanes, parking aisles, fire
zones, fire lanes, handicap spaces, pavement markings and all other
controls or devices used to regulate traffic and the overall site
where any form of traffic is affected. Plans approved and made part
of this chapter will be kept on file in the Borough Clerk's office
and Police Department. The Police Department is responsible for review
of plans for traffic control and enforcement and shall make modifications
as required to preserve and safeguard the public for the purpose of
enforcement of this article. The plan shall be made part of this chapter
with the approval of the governing body. The plan is for the exclusive
purpose of regulation of traffic and shall not nullify the site plan
approved by the Planning Board or Board of Adjustment. The approved
site plan of the Planning Board or Board of Adjustment shall be used
as a model in creating the plan for the regulated property.
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 the State of New Jersey shall be deemed
to apply to such words and phrases used herein.
A.
All vehicles shall park in a marked space only.
B.
Vehicles shall be positioned parallel to painted white
lines of the space.
C.
Vehicles with trailers and vehicles too large for
the standard space shall park perpendicular to the painted lines of
a parking space in a parking area.
D.
Parking space design and location as per approved
site plan on file.
E.
No vehicle shall park in a space marked by a wheelchair
symbol unless authorized by an approved handicapped placard or license
plate which shall be conspicuously displayed.
A.
Traffic lanes:
(1)
Traffic lanes are designated as per plan.
(2)
Traffic lanes shall be marked by double yellow painted
lines.
(3)
All vehicles shall keep to the right on marked traffic
lanes.
(4)
No vehicle shall stop or stand in any traffic lane.
(5)
Plans that do not show definitive traffic lane(s)
due to the simplicity of the specific property shall consider the
area where vehicles transverse the parking area as the traffic lane.
Speed limit is 15 mph in all areas.
It shall be prohibited to park, occupy or otherwise
obstruct a space marked as reserved.
Any vehicle parked or standing as to obstruct
or impede a normal flow of traffic, block entrances or exitways, any
pedestrian walkway, or present in any way a safety or traffic hazard
may be removed by towing the vehicle at the owner's or operator's
expense.
Vehicles on official business shall be exempt
from the parking provisions of this act in the course of duty.
Pursuant to N.J.S.A. 39:4-198, notice to public
of ordinance in effect sign to be posted as required. Notice to public
signs shall be posted at each entrance to the regulated property.
There shall be two sign standards for the article as specified below.
A.
Sites over 30 spaces. Sign size 30 inches by 30 inches.
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"Public Notice. All vehicular, pedestrian, wheeled-device
traffic and parking of vehicles in this parking area and accessways
thereto are regulated by Revised General Ordinances of the Borough
of Chester. The Police Department of the Borough of Chester enforces
those regulations in this parking area, which includes all traffic
control signs and pavement markings. Violators are subject to fine
and/or imprisonment."
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B.
Sites of 30 or less parking spaces. Sign size 18 inches
by 24 inches.
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"Public Notice: This parking area is regulated
by the Borough of Chester ordinance. The Police Department enforces
those regulations shall include traffic signs and pavement markings.
Violators are subject to fine and/or imprisonment."
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C.
In addition to the public notice sign, other signs
may be requested at the discretion of the Chief of Police when he
concludes the additional signs may be necessary for effective traffic
management.
A.
All signs shall conform to the regulations of N.J.S.A.
39:4-198.
B.
Traffic control signs and locations are identified
on the plan.
C.
The Police Department is authorized to review and
instruct the property owner/agent where traffic regulation signs shall
be erected. The Police Department shall ensure required signs are
installed as required by law and shall provide guidance to the property
owner/agent for installation for enforcement of this act.
D.
The Police Department shall notify the property owner
or his agent when signs, or roadway conditions having an effect to
public safety, require immediate attention.
E.
The property owner or his agent shall provide an emergency
contact person who will immediately respond to such urgent condition.
F.
The property owner or his agent shall have 24 hours
to respond when notice from the Police Department is given to correct
the hazard.
G.
The property owner or his agent shall have an inventory
of replacement signs available to correct the condition or barricade
the hazard.
H.
Costs and procurement are the responsibility of property
owner or management company.
A.
Parking places for disabled persons. Upon the posting
of the notice hereinafter described, no person shall stand, park or
cause to be parked any vehicle in any parking space which has been
specifically designated as a parking space for the vehicles of disabled
persons in accordance with the Schedule of Disabled Parking Areas,
unless said vehicle has a special vehicle identification, temporary
placard, license insignia or marker posted thereon pursuant to this
article and a disabled person is either the driver or a passenger
in that vehicle.
B.
Disabled persons sign to be posted. Notice in the
form of a sign shall be posted at the parking area or parking place
so designated for the parking of vehicles of disabled persons by the
owner or occupant, lessee or licensee, and upon posting, the provisions
of this article shall apply hereto. Prior to the posting of said notice,
approval shall be required from the Borough designating the parking
area or parking lot as parking for vehicles of disabled persons. Upon
posting of such sign, the owner or occupant, lessee or licensee shall
notify the Chief of Police, who shall cause said area, so posted,
to be inspected by his Department to ascertain that the area is properly
posted.
C.
Disabled persons sign; contents. Such notice shall
comply with the requirements contained in N.J.S.A. 39:4-198. Such
notice shall clearly indicate the penalties which may be imposed for
violation of this article.
D.
Penalty. Pursuant to N.J.S.A. 39:4-197.5, as amended
by P.L. 2003 c. 161, any person in violation of this article shall
be liable to a fine of $250 for the first offense and, for subsequent
offenses, a fine of $250 plus a maximum of 90 days' community service
on such terms and in such form as the court shall deem appropriate.
E.
Amendments. Schedules to this article may be added
or amended by resolution of the governing body.
A.
No person shall wash, paint, repair or otherwise work
on or in any such vehicle; provided, however, that nothing herein
contained shall be construed to prohibit necessary emergency repairs
to a vehicle.
B.
Vehicles parked in excess of eight hours with one
or more "For Sale" signs on or affixed thereto for the purpose of
advertising such vehicles for sale in parking lots open to the public
shall be prohibited. Such sign is mounted inside the passenger compartment
of the motor vehicle and does not exceed three square feet in area.
The sale of such motor vehicle is an occasional sale and not part
of a trade or business for transacting vehicle sales.
C.
No vehicle shall be parked in excess of 24 hours,
except those vehicles that are affiliated to a tenant or with permission
of the property owner or management company representing the owner.
Any vehicle in violation of this section shall be summoned and the
vehicle shall be towed away and stored at the owner's or responsible
party's expense. The Police Department shall make a report on any
such vehicle. Removal of such vehicle must be authorized by the Chief
of Police.
Consideration shall be afforded to unusual deliveries
which may require occupying an otherwise prohibited area or zone.
Such consideration shall include those with disabilities, challenged
deliveries, utility, maintenance and the like. Vehicles being operated
in such circumstances shall execute the task promptly and vacate the
prohibited area then completed or requested by the police or other
authorized person.
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 $150.00 or imprisonment for a term not
more than 15 days, or both, for any moving violation and $100.00 for
any parking violation.
