[Adopted 3-15-1995 by Ord. No. 95-6[1]]
[1]
Editor's Note: This ordinance also repealed former Art. I,
Snow and Ice Removal, adopted 3-25-1958 by Ord. No. 58-10, as amended.
[Amended 12-14-2011 by Ord. No. 2011-09]
The following terms, phrases, words, and their derivations shall have the meanings stated herein unless their use in the text of this article of Chapter 170 clearly demonstrates a different meaning. When not inconsistent with the context, words used in the present tense include the future, words used in the plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Any parking space on public or private property appropriately
marked for vehicles for the physically handicapped pursuant to N.J.S.A.
39:4-197.5 and 52:27D-119 et seq.
Any area, not on a street of the Borough, which is intended
or used for storage or parking of vehicles.
The side of a parked vehicle nearest to the edge and/or curb
of a street.
Any individual, corporation, company, partnership, firm,
association, or political subdivision of this state subject to municipal
jurisdiction.
A paved path or footwalk for public use located between the
curbline and right-of-way line of any public or municipally maintained
roadway.
Snow, sleet, ice and the like resulting from precipitation
that accumulates on the streets, which requires removal by a plow
or other specialized equipment.
Public streets, avenues, thoroughfares and the like in the
Borough of Kenilworth.
A.
It shall be the duty of the owner and occupant, jointly and severally,
of every parcel of real estate adjoining a public sidewalk, whether
the parcel of real estate is occupied by a structure or not, to keep
such sidewalks adjoining such property free from snow and ice along
a three-foot width for the entire length of the sidewalk adjoining
said real estate.
B.
Except as provided in Subsection D hereof, snow and ice shall be so removed from the sidewalks of all business and commercial premises within the Borough within six hours after the cessation of any fall of snow, sleet or freezing rain; provided, however, that snow or ice that has ceased to fall or to be formed after 6:00 p.m. of any evening may be removed at any time before 12:00 noon of the following day.
C.
Except as provided in Subsection D hereof, snow and ice shall be so removed from all other sidewalks within the Borough within 18 hours after the cessation of any fall of snow, sleet or freezing rain.
D.
In the event that snow and ice on a sidewalk have become so hard that they cannot be removed without the likelihood of damage to the sidewalk, the person or entity charged with their removal shall, within the time mentioned in Subsection B or C hereof, cause enough sand or other abrasive to be put on the sidewalk to make travel thereon reasonably safe and shall then, as soon thereafter as weather permits, cause said sidewalk to be cleaned so as to comply with Subsection A above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The owner or occupants of buildings adjacent to public sidewalks
shall prevent the falling of snow, ice or water from such buildings
upon said public sidewalks.
No person shall deposit or cause to be deposited any snow or
ice in the following places:
A.
Within a five-foot radius of any fire hydrant.
B.
On any portion of a street.
C.
On any public or private property without the permission of the owner.
D.
On any corner within 10 feet of any intersection, in excess of four
feet in height or in such a manner so as to obstruct a motorist's
vision.
E.
On any terrace or parcel of land, within six feet of any street,
in such a manner as to create an obstruction to the vision of pedestrian
or vehicular traffic exiting or entering the street.
No person shall cause the accumulation of snow and/or ice on
any street or sidewalk in such a manner as to endanger pedestrians
or vehicular traffic or to obstruct the vision of motorists.
A.
Whenever any person neglects or refuses to remove any snow or ice
which is piled, gathered or plowed up by him or her, or is allowed
to accumulate in violation of this article, within four hours after
a notice to do so by the enforcing authority, the Borough may remove
or cause to be removed said snow or ice from such street, terrace,
lot or sidewalk and the responsible party shall be liable for the
full cost of removal.
B.
If the Borough removes or causes to be removed snow or ice pursuant to Subsection A of this section, the Borough Clerk shall promptly present to the violator a bill for the cost of removal. If not paid within 30 days, in the case of a property owner, the cost thereof shall be assessed against the property and become a lien thereon, collectible in the same manner as delinquent property taxes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
No owner, tenant or operator of any premises having parking
spaces which are properly marked and designated for disabled drivers
shall block access to such parking spaces or permit or allow a contractor
or other person to block access to such parking spaces by the plowing,
piling or placement of snow or ice in such spaces or in such a way
as to prevent access to such spaces by a motor vehicle.
The Kenilworth Police Department and the Superintendent of the
Department of Public Works shall have the authority to enforce the
provisions of this article.
In accordance with N.J.S.A. 39:4-197:
A.
When snow, sleet or freezing rain covers the streets of the Borough,
prohibited parking shall then be enforced on municipal streets as
follows:
[Amended 2-11-2015 by Ord. No. 2015-01; at time of adoption of Code (see
Ch. 1, General Provisions, Art. II)]
(1)
On days of the month that are even numbered, a vehicle shall
not be parked on the even-numbered side of the street.
(2)
On days of the month that are odd-numbered, a vehicle shall
not be parked on the odd-numbered side of the street.
(3)
Between the hours of 9:00 p.m. to 12:00 midnight, the restriction
on alternate side of the street parking shall be suspended.
(4)
Unless otherwise posted, there shall be no parking in municipal
parking lots between 8:00 a.m. and 10:00 a.m. with the exception of
the municipal lot at South 23rd Street and the Boulevard and the municipal
lot on South 24th Street which shall be restricted to municipal employees
and officials without regard to handicap parking locations.
(5)
No owner or operator of any vehicle shall park in such manner
prohibiting or hindering snowplowing or de-icing operations.
B.
A vehicle shall be less than four inches from the edge and/or curb
of the street.
C.
No person shall use any method to reserve a parking area to maintain
a parking spot. The Borough of Kenilworth reserves the right to collect
and dispose of the means to reserve any parking space in violation
of this provision without maintaining any liability for the item removed
from the public street.
D.
No owner, tenant or occupant or any premises abutting any street,
nor any person working for or on behalf of any owner, tenant or occupant,
shall throw, place or deposit any snow or ice upon the public street.
The intent of this provision is to prohibit all persons from throwing,
placing or depositing snow or ice from the private driveway, parking
area, or on the sidewalk in front of the property, upon the municipal
street or sidewalks of the Borough of Kenilworth.
[Amended 12-14-2011 by Ord. No. 2011-09; 10-8-2014 by Ord. No. 2014-11]
A.
Any person(s) who is found to be in violation of the provisions of
this article shall be subject to the following fine: a fine of $100.
[Amended 2-11-2015 by Ord. No. 2015-01]
B.
Any vehicle not in compliance with this provision within the Borough
of Kenilworth may, after the issuance of a summons, be removed from
the public street at the owner's expense for towing and storage at
the rate of $150 for the tow and $30 per day or any part thereof after
it has been stored for more than four hours. If a vehicle requires
to be dug out to be safely removed, the tow charge shall be deemed
earned upon arrival of the tow vehicle.
[Amended 2-11-2015 by Ord. No. 2015-01]
C.
No vehicle shall be released unless the towing and storage charge
has been paid by check, cash or credit card. Vehicles may be driven
away from the tow yard only after a release has been issued by the
Police Department confirming that the vehicle has currently in effect
insurance, is properly registered and the driver has a valid driver's
license. Vehicles without insurance and/or registration may be removed
after payment to the tow yard with a release from the Police Department
by a towing company after proof of authority to take possession of
the vehicle has been produced.
D.
Any individual who knowingly stops payment on a check or credit card
to the tower for a vehicle removed from the Borough street due to
natural impediments shall incur an additional charge of $500 plus
any court costs.
[Amended 10-8-2014 by Ord. No. 2014-11]
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause, or reason, shall not affect any other portion of this article.
[Amended 10-8-2014 by Ord. No. 2014-11; 2-11-2015 by Ord. No. 2015-01]
All Borough ordinances and parts of ordinances that are inconsistent
with this amended article are hereby repealed.
