[HISTORY: Adopted by the Township Committee of the Township of Blairstown 2-11-1998 by Ord. No. 98-02. Amendments noted where applicable.]
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 New Jersey shalt be deemed to apply to such words and phrases used herein.
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.
The Director of the Department of Public Works or, in his absence, disability or inability to act, the Mayor and, 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/she finds that such closing is necessary for the preservation of the public safety, health or welfare.
Any regulations promulgated by the Township of Blairstown 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.
Any violation of the regulation promulgated thereunder shall be punished by a fine not to exceed $50.
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.
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.
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.
All former traffic ordinances of the Township of Blairstown are hereby repealed, and all ordinances or parts of ordinances in conflict with or inconsistent with the provisions of this chapter are hereby repealed, except that this repeal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.
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 or standing or parking of vehicles as set forth in N.J.S.A. 39:4-138, or any other New Jersey Statute or as hereinafter provided.
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, road construction, fire or public celebrations dictate or require avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that 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.
The effectiveness of this section is contingent upon the signs being erected as required by law.
[Amended 12-11-2019 by Ord. No. 2019-34]
Snow fall not declared a snow emergency.
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 municipal or county street, road or highway, except alternate side parking during the emergency shall be permitted on Main Street and Academy Street, in accordance with the following schedule:
The above parking prohibitions 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.
Any unoccupied vehicle parked in violation of this section shall be deemed a nuisance inimical to the public health, safety and welfare and subject to ticketing or towing in the sound discretion of any police officer charged with enforcing this chapter. If a vehicle is towed, the owner shall be responsible for the reasonable cost of removal and storage prior to regaining possession of the same. Any ticket issued pursuant to this section shall be subject to the general penalty provision of the Code, Chapter 1, Article II, § 1-5, and a fine established in the sound discretion of the Municipal Court Judge.
Snowfall declared a snow emergency.
What constitutes a snow emergency. When a snowstorm occurs, as hereinafter set forth, which constitutes a serious public hazard impairing transportation, the movement of food and fuel supplies, medical care, fire, health, police protection and other vital facilities of the Township, a snow emergency shall be deemed to exist. A snow emergency is hereby declared to exist within the municipal limits of the Township whenever there shall be a snowfall of three inches or more, and such emergency shall be presumed to continue for a period of 72 hours after the cessation of said snowfall. The Director of Public Works, the Chief of Police and the Mayor shall confer before declaring a snow emergency; any of the three may make the final determination with the consent of the others.
Parking prohibited for 72 hours or until the snow emergency is lifted.
In order to afford the Township the opportunity to clear its streets and highways of snow and to open the same during the period of the emergency aforesaid, no vehicle, however propelled, except as herein provided, shall be allowed to stand or park, whether attended or not, upon any street or highway of the Township, except for picking up or discharging passengers or for picking up or delivering essential merchandise or other commodities, provided, however, that such emergency shall be terminated as to any street or highway when the snow has been plowed therefrom for the full width of the pavement, or the snow emergency has been lifted.
Whenever a snow emergency is declared, alternate side of the street parking shall be permitted on Main Street, Academy Street, High Street and East Avenue in accordance with the following schedule:
Emergency to continue on all streets until lifted. Such emergency shall continue beyond the seventy-two-hour period above-provided on those streets or highways of the Township from which the snow has not been removed, and no vehicle shall be allowed to stand or park, whether attended or not, on such street or highway until the snow emergency has been lifted. The alternate side of the street parking detailed above shall also remain in effect until such time as all snow is cleared.
Impounding of parked vehicles; removal fee; storage fee. Whenever a vehicle has been parked or left standing in violation of the provisions of this section, the Chief of Police or any police officer charged with enforcing this chapter may move or cause the removal of such vehicle to such place as may be designated by the Chief of Police for impounding until the person owning said vehicle shall pay the reasonable cost of such removal and storage.
Removal by tow truck operators. The removal of vehicles as referred to in Subsection B(2) to a designated place of impounding shall be carried out only by tow truck operators listed on the rotating list maintained by the Police Department.
Definition of vehicle. "Vehicle" as used herein is defined to mean every device in, upon, or by which a person or property is or may be transported upon a street or highway.
Violations. Any person who shall violate any provision of this section shall, upon conviction thereof, be punished by a fine not exceeding $500.
[Amended 11-11-1998 by Ord. No. 98-15; 8-8-2001 by Ord. No. 2001-12; 8-13-2003 by Ord. No. 2003-12; 3-13-2019 by Ord. No. 2019-01]
No person shall park a vehicle between the hours specified on any day (except Sundays and public holidays) upon any of the streets or parts of streets described.
Streets. No person shall park a vehicle for longer than the time limited between the hours listed on any day (except Sundays and public holidays) upon any of the streets or parts of streets described.
Municipal parking lots. In accordance with the provisions of this subsection, no person shall park a vehicle for a period of more than 24 consecutive hours in any of the following described municipal parking lots.
[Amended 10-12-2011 by Ord. No. 2011-07]
Municipal parking lots. No person shall park a vehicle for longer than the time limited between the hours listed on any day (except Sundays and public holidays) in any of the following described parking lots.
[Added 6-12-2019 by Ord. No. 2019-11]
No person shall stop or stand a vehicle between the hours specified on any day (except Sundays and public holidays) upon any of the streets or parts of streets described.
[Amended 10-12-2011 by Ord. No. 2011-07]
The following locations are hereby designated as restricted parking spaces for use by persons who have been issued special vehicle identification cards by the Division of Motor Vehicles. No other person shall be permitted to park in these spaces.
No person shall cause or permit to be parked any motor vehicle upon any of the streets between the specified hours and days described.
Vehicles over the registered gross weight are hereby excluded from the streets or parts of streets described except for the pickup and delivery of materials on such streets.
The following described streets or parts of streets are hereby designated as one-way streets in the direction indicated. Parking on these streets will be permitted on the sides indicated below.
Pursuant to the provisions of N.J.S.A. 39:4-140, the streets or parts of streets described are hereby designated as through streets. Stop signs shall be installed on the near right side of each street intersecting the through streets except where yield signs are provided for in the designation.
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as stop intersections. Stop signs shall be installed as provided therein.
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections described are hereby designated as yield intersections. Yield signs shall be installed as provided therein.
No person shall make a turn at any location listed and only in the manner described.
No person shall make a right turn on the red signal at any location listed.
The locations described are hereby designated as loading zones. No person shall park a vehicle in said location during the times indicated other than for the loading or unloading of goods and materials.
The locations described are hereby designated as bus stops. No vehicle other than an omnibus, picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.
The locations described are hereby designated as taxi stands. No vehicle other than a taxi shall be permitted to occupy said locations during the times indicated.
The lane locations described are designated as lane use reservations, and traffic shall move as indicated.
[Added 3-14-2018 by Ord. No. 2018-07]
Adoption of Manual on Uniform Traffic Control Devices for streets and highways.
The Township Committee hereby finds and declares that problems of traffic control occur when traffic must be moved through or around street construction, maintenance operations and utility work above and below the ground which requires blocking the roadway and obstructing the normal flow of traffic, and that such obstructions are or can become dangerous when not properly controlled. In order to better promote the public health, safety, peace and welfare, it is necessary to establish controls and regulations directed to the safe and expeditious movement of traffic through construction and maintenance zones and to provide safety for the work force performing these operations.
The Township of Blairstown in the County of Warren and State of New Jersey does hereby adopt the current Manual of Uniform Traffic Control Devices, hereafter known as "MUTCD," except as hereby supplemented and amended, as it controls and regulates whenever construction maintenance operations or utility work obstructs the normal flow of traffic. Any person, contractor, or utility who fails to comply with the provisions of MUTCD while performing such work is in violation of this section.
It shall be the responsibility of the person, contractor, or, in the case of a public utility, as required under the public utility agreement, wishing to conduct work on, under or above the roadway to contact the Administrative Division of the Township of Blairstown Police Department in order to arrange a preconstruction meeting to submit plans for the safe movement of traffic during such period of construction work. Preconstruction meetings must be scheduled far enough in advance (a minimum of two weeks) of the desired start date so as to allow for efficient planning.
Any person, contractor or utility who fails to comply with this section prior to the start of such work or whose plans are not approved by the Township of Blairstown Police Department is in violation of this section.
Hazardous conditions. The person, contractor or utility shall provide the Township of Blairstown Police Department with at least two emergency contact phone numbers to be called in case of emergency problems at the construction or maintenance site prior to the start of any work. If for any reason the emergency contact cannot be reached, or if the emergency contact person does not respond in a timely manner to the call from the Police Department to correct a hazardous condition, the Township may respond to correct such hazardous conditions. The reasonable fees for such emergency service by the Township shall be charged to the person, contractor or utility responsible for such conditions.
Hours. There shall be no construction, maintenance operations or utility work on any roadway in the Township before the hour of 9:00 a.m. or after 3:30 p.m. This time limit may be adjusted to permit work prior to 9:00 a.m. or after 3:30 p.m. by the officer in charge of the Township of Blairstown Police Department if it is determined by that officer that the construction or maintenance operations prior to 9:00 a.m. or after 3:30 p.m. would not substantially delay traffic or cause a safety or health hazard.
Road closing and detours. Road closing and/or traffic detours shall not be permitted unless approved by the officer in charge of the Township of Blairstown Police Department. Advance notice of detours must be given to motorists, except in emergent circumstances.
Traffic directors. Any person, contractor, or in the case of a public utility as required under the public utility agreement (other than municipal, county or state employees), wishing to conduct work on, above or below any of the roadways in the Township; is working within 200 feet of an intersection of any road within the Township; is working in the vicinity of specific geographic features (e.g., sharp curves, alongside of rivers, steep embankments, etc.); is working within 1,000 feet of a Township of Blairstown Board of Education property; and/or diverts or interrupts motor vehicle or pedestrian traffic flow shall be required to hire off-duty Township of Blairstown police officers or traffic directors to ensure compliance with the MUTCD as well as to control traffic traveling through the work zone. The Administrative Division of the Township of Blairstown Police Department shall be contacted at least 48 hours before starting work to arrange for the hiring of off-duty officers if needed. The number of officers or traffic directors required shall be determined by the Township of Blairstown Police Department and approved by the officer in charge. For all work on any roadway in the Township, traffic control shall be by off-duty Township of Blairstown police officers. The requirement to hire off-duty officers for work on, above, below, or adjacent to the roadways in the Township shall only apply to work that will take in excess of one hour to complete. All work on, above, below, or adjacent to any roadway in the Township taking less than one hour, may be controlled with traffic directors, unless off-duty Township of Blairstown police officers are deemed necessary by the Police Department and approved by the officer in charge. All civilian flagmen must wear lime green glow-type traffic vests and must be educated as to the proper operation of traffic flag controls. If flagmen cannot see each other, they must have walkie-talkie communication between them. In the event that work requires any road to be closed to traffic 24 hours a day, the hiring of off-duty Township of Blairstown police officers will be required when it is deemed necessary by the Police Department and approved by the officer in charge.
[Amended 6-12-2019 by Ord. No. 2019-10]
Stop work. The Police Department shall have the authority to stop work, including the removal of equipment and vehicles, stored material within the street right-of-way, backfilling of open excavations and/or other related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
Site preparation and maintenance. It is to be expressly understood that no materials, vehicles or equipment are to be placed in roadway or sidewalk area until all construction signs, lights, devices and pavement markings are installed. All construction signs which do not currently apply must be bagged or removed from view of the motorists (i.e., Flagman Ahead signs after workmen have finished for the day).
Violations and penalties.
Any person, contractor or utility who commits a violation of this section shall, upon conviction thereof, for a first offense, pay a fine of not less than $100 nor more than $500 and/or be imprisoned in the county jail for a term not exceeding 90 days; for a second offense, upon conviction thereof, pay a fine of not less than $250 and/or be imprisoned in the county jail for a term not exceeding 90 days.
A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
[Added 12-12-2018 by Ord. No. 2018-26]
Purpose. The purpose of this section is to supplement Chapter 184, Vehicles and Traffic, to provide for the creation of restricted parking spaces for combat-wounded/Purple Heart recipients if qualified.
Locations. The Mayor and Township Committee of the Township of Blairstown, in order to further promote public safety and welfare within the Township, and to recognize those wounded in combat, create restricted parking spaces for combat-wounded/Purple Heart recipients at the following locations:
Requirements to park in spaces designated for combat-wounded/Purple Heart recipient parking.
No person shall park a vehicle in a parking space designated and established for a combat-wounded/Purple Heart recipient unless they meet the requirements of Subsection C(2). A combat-wounded/Purple Heart recipient parking space means an area of a public roadway or public parking lot designated for use by any combat-wounded/Purple Heart recipient awarded person as provided for and which is so marked by proper signage and roadway marking.
A combat-wounded veteran is any person who served for any length of time in any military service branch, who experienced any level of hostility for any duration resulting from offensive, defensive, or friendly fire military action involving real or perceived enemy in any foreign theater and suffered injury or disability from same. A Purple Heart Medal recipient is any member of the United States Military who has been awarded the Purple Heart Medal.
No person shall park a vehicle in any of the designated parking spaces designated as combat-wounded/Purple Heart recipient parking in locations referred to in Subsection B above, unless such person is a combat-wounded/Purple Heart recipient designee. Any vehicle parked in a parking space reserved for combat-wounded/Purple Heart recipient drivers pursuant to this section, which does not display the official state license plate, or special identification sticker or placard from the Township of Blairstown, is presumed to have parked in such a space unlawfully, and subject to the fines and penalties set forth in this section.
Any person applying for the aforementioned sticker or placard from the Township shall present such documentation as required by the Township Clerk to establish that the individual is a combat-wounded veteran and/or has been awarded the Purple Heart Medal. In addition, any applicant must have been honorably discharged from the United States Military. The Township Clerk's Office shall have up to seven days to review and determine if the applicant qualifies as a combat-wounded veteran/Purple Heart recipient designee.
Violations. Any person parking in a restricted parking space without a special vehicle identification as set forth in Section C(3) above shall be liable for a fine up to $250 for the first and subsequent offenses and up to 90 days of community service on such terms and in such form as the Kinnelon Municipal Court shall deem appropriate, or any combination thereof.
[Added 12-11-2019 by Ord. No. 2019-35]
The following designated streets are approved for installation of speed humps in accordance with N.J.S.A. 39:4-8.10 and 39:4-8.11:
Such streets have been found to meet the following criteria:
The streets are totally self-contained within the municipality and have no direct connection with any street in any other municipality or the streets are totally self-contained one-way streets that connect to a county road.
The streets have a traffic volume under 3,000 vehicles per day.
The streets have a posted speed limit of 30 miles per hour or less.