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Borough of Alpha, NJ
Warren County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Mayor and Council of the Borough of Alpha 12-14-2004 by Ord. No. 04-28.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Bicycles — See Ch. 142.
Driveways — See Ch. 190.
Streets and sidewalks — See Ch. 346.
Taxicabs and limousines — See Ch. 369.
Towing — See Ch. 381.
Inoperable vehicles and machinery — See Ch. 392.
[1]
Editor's Note: This ordinance also provided for the repeal of former Ch. 116, Vehicles and Traffic, adopted 12-23-1975 by Ord. No. 253, as amended.
A. 
Words and phrases. Whenever any words and phrases are used in this chapter, the meanings 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.
B. 
Official time standard. 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.
A. 
The Chief of Police of this 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 whenever he finds that such closing is necessary for the preservation of the public safety, health or welfare.
B. 
Any regulations promulgated by the Chief of Police 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 hereunder 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.
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 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 Borough of Alpha 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.
A. 
Adoption of the Manual on Uniform Traffic Control Devices for Streets and Highways. The Borough of Alpha committee 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 or below the ground, which requires blocking the street 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 and around construction and maintenance zones and to provide safety for the work forces performing these operations. The Borough of Alpha, in the County of Warren, State of New Jersey, does hereby adopt the current Manual on Uniform Control Devices for Streets and Highways, hereafter known as the "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 that fails to comply with the provisions of the MUTCD while performing such work is in violation of this section.
B. 
Preconstruction meeting. It shall be the responsibility of the person or contractor, or in the case of a public utility as required under the public utility agreement, Section 16:25-9.2, wishing to conduct work on, under or above the street to contact the Police Department of the Borough of Alpha in order to arrange a preconstruction meeting and submit plans for the safe movement of traffic during such period of construction or work. 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 Police Department of the Borough of Alpha, is in violation of this section.
C. 
Emergency contact telephone numbers. The person, contractor or utility shall provide at least two emergency contact telephone 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, emergency contact must be made, or if the emergency contact person does not respond to a call from the Police Department to correct such hazardous condition, the Borough of Alpha may respond to correct the hazardous condition(s). The reasonable fees for such emergency services by the Borough of Alpha shall be charged to the person, contractor, or utility responsible for the condition.
D. 
Hours. There shall be no construction, maintenance, operations, or utility work on any roadway in the Borough before the hour of 9:00 a.m. or after 4:00 p.m. The officer in charge of the Borough Police Department may adjust this time limit to permit work prior to 9:00 a.m. or after 4:00 p.m. If the officer in charge determines that the construction or maintenance operations prior to 9:00 a.m. or after 4:00 p.m. would substantially delay traffic or cause a safety or health hazard, the work shall then be permitted only between 9:00 a.m. and 4:00 p.m.
E. 
Road closing. Road closing and/or traffic detours shall not be permitted unless approved by the Borough Police Department.
F. 
Traffic directors. Traffic directors shall be posted at all construction or maintenance sites when determined by the Borough Police Department that same are necessary to provide for the safe and expeditious movement of traffic.
G. 
Stop work. The Borough 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 related work, in order to abate any nuisance and/or safety hazard or for any violation of this section.
H. 
Site preparation. It is to be expressly understood that no materials, vehicles or equipment are to be placed in the roadway or sidewalk until all construction, signs, light devices and pavement markings are installed.
I. 
Violations and penalties.
(1) 
Any person, contractor or utility who or which 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.
(2) 
A separate offense shall be deemed committed on each day during or on which violation occurs or continues.
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, any other New Jersey statute or as hereinafter provided.
A. 
Upon the declaration of an emergency, there shall be no parking upon the 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.
B. 
The effectiveness of this subsection is contingent upon the signs being erected as required by law.
[Amended 10-14-2014 by Ord. No. 2014-13]
A. 
Definition of snow/ice emergency. A snow or ice emergency for parking purposes shall be in effect when declared by the Mayor or the Mayor's designee upon the forecast of more than two inches of snow and/or ice upon paved or concrete streets in the Borough of Alpha. Said notice shall be by posting at the Borough Municipal Building, posting on the Borough's website, or by any means of electronic or telephonic media.
B. 
Parking in a snow/ice emergency.
(1) 
In the event of a snow or ice emergency, all motor vehicles shall be removed from the street(s) to driveways or other suitable off-street locations where same are available.
(2) 
In the event that any off-street parking is unavailable, any affected motor vehicles shall park on only one side of the street. If the snow emergency is declared on an even-numbered date, said parking shall only be permitted on the sides of the streets with even-numbered addresses. If the snow emergency is declared on an odd-numbered date, said parking shall only be permitted on the sides of the streets with odd-numbered addresses. If snow emergency extends beyond one day, parking shall then alternate to the opposite side of the street.
(3) 
Streets that are designated as "no parking" shall remain as "no parking."
(4) 
Streets that are designated as "no parking" on one side of the street only shall have the "no parking" rule on that side relaxed until the snow emergency is over. Vehicles on such streets shall abide by the emergency parking rules as herein referenced in this section.
C. 
Violations and penalties. Any violation of this section shall, upon conviction, be punishable by a fine not exceeding the maximum allowed by law, and said motor vehicle may be towed at the Borough's direction with the violator being responsible for all towing and storage costs.
No person shall stop or stand a vehicle between the hours specified on any day upon any of the streets or parts of streets described:
Name of Street
Side
Hours
Location
North Boulevard
North
8:00 a.m. to 4:00 p.m. on school days
From North Boulevard and Schley Avenue to a point 125 feet west thereof
No person shall park a vehicle for longer than the time limit between the hours listed on any day (except Sundays and public holidays) upon any of the streets or parts of streets described:
Name of Street
Side
Limit
Hours
Location
North Boulevard
North
School days
7:00 a.m. to 3:00 p.m.
Schley Avenue to Park Avenue
Schley Avenue
West
School days
7:00 a.m. to 3:00 p.m.
North Boulevard to Pursel Street
No person shall cause or permit to be parked any motor vehicle upon any street between the specified hours and days described:
Name of Street
Side
Hours and Days
Location
(Reserved)
No person shall park a vehicle at any time upon any streets or parts thereof described:
Name of Street
Side
Location
Alpha Street
South
First Avenue to Seventh Street
East Central Avenue
North
First Avenue to a distance of 50 feet east on East Central Avenue
Ellen Street
North
Entire length
Fifth Avenue
East
Warren Street to Somerset Street
First Avenue
East
High Street (C.R. No. 642) to East Central Avenue
Fourth Avenue
East
Morris Street to Warren Street
Fourth Avenue
[Amended 11-27-2018 by Ord. No. 2018-11]
East
Warren Street to East Vulcanite Avenue
Frace Street
Both
Schley Avenue to a point 138 feet west thereof
Garfield Street
North
Entire length
Grant Street
North
Entire length
Harding Street
South
Entire length
High Street (C.R. No. 642)
South
Lee Avenue to Park Avenue
Hobson Street
[Added 12-28-2020 by Ord. No. 2020-16]
North
Springtown Road to East Boulevard
Hunterdon Street
South
Entire length
Industrial Drive
[Added 8-17-2021 by Ord. No. 2021-09]
Both
State Route 122 to the end of Industrial Drive
Lee Avenue
Both
High Street (C.R. No. 642) to West Central Avenue
Lee Avenue
West
West Central Avenue to Sigsbee Avenue (except for Borough or emergency vehicles)
Morris Street
South
Entire length
Olive Street
South
Entire length
Park Avenue
Both
Entire length (the portion of Park Avenue extending around the ballpark)
Peach Street
West
Alpha Street to Olive Street
Pohatcong Street
North
Entire length
Pursel Street
North
Schley Avenue to Lee Avenue
Pursel Street
South
Schley Avenue to Park Avenue
Seventh Avenue
Both
Route US 22 (New Brunswick Avenue) to Grant Street
Somerset Street
South
Entire length
Third Avenue
Both
Williams Street to Springtown Road (C.R. No. 641)
East Vulcanite Avenue
[Amended 11-27-2018 by Ord. No. 2018-11]
North
Entire length
No person shall park a vehicle between the hours specified any day (except Sundays and public holidays) upon any of the streets or parts of streets described:
Name of Street
Side
Hours
Location
(Reserved)
A. 
No person shall park any truck or vehicle over four tons' gross vehicle weight (GVW), a school bus, any other type of bus, recreational vehicle, camper, boat or trailer between the hours specified upon any of the streets or parts of streets described:
Name of Street
Side
Hours
Location
All municipal streets
Both
10:00 p.m. to 6:00 a.m.
As shown on the attached municipal map
B. 
Except as otherwise provided herein, no trailer of any kind which is used for commercial purposes, regardless of said trailer's registered or actual weight, shall be parked on any street within the Borough of Alpha between the hours of 9:00 p.m. and 6:00 a.m., unless said vehicle is attended by the operator of same in the process of making a delivery or pickup.
[Added 6-10-2008 by Ord. No. 08-12]
C. 
Except as otherwise provided herein, no boat trailer, camper or other recreational vehicle or trailer for private use shall be parked on any street within the Borough of Alpha between the hours of 9:00 p.m. and 6:00 a.m., unless said vehicle is attended by the operator of same and is in the process of loading or unloading equipment. This restriction shall not apply to noncommercial vehicles that are parked on a public street within 48 hours prior to the owner's departure for vacation or recreational purposes with said vehicle, so long as said vehicle is not otherwise parked in violation of law or parked in a location which compromises the safety of the nearby residents, such as by blocking adequate fire equipment ingress and egress.
[Added 6-10-2008 by Ord. No. 08-12]
D. 
No commercial vehicle, camper, or other recreational vehicle shall be left idling in a location less than 500 feet from residential areas for more than 15 minutes after loading or unloading has been completed.
[Added 6-10-2008 by Ord. No. 08-12]
No person shall park a vehicle on streets or parts of streets as described within the following sections unless an appropriate and current parking permit as issued by the Borough of Alpha is displayed on said vehicle for those streets or parts of streets as described or listed within the following sections:
Name of Street
Location
Hours
Days
(Reserved)
The following streets or parts of streets are hereby established as angle parking at an angle so indicated below:
Name of Street
Side
Angle
Location
(Reserved)
[Amended 8-23-2016 by Ord. No. 2016-12]
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 street except where yield signs are provided for in the designation.
Name of Street
Limits
Alpha Street
Between Seventh Avenue and Fifth Avenue
East Boulevard
A.
Between Hobson Street and Sigsbee Avenue
B.
Between West Central Avenue and North Boulevard
East Central Avenue
A.
Between Fifth Avenue and Third Avenue (C.R. No. 519)
B.
Between Fifth Avenue and Seventh Avenue
C.
Between First Avenue and Third Avenue (C.R. No. 519)
East Vulcanite Avenue
Between Third Avenue (C.R. No. 519) and its easternmost terminus
Edge Road
Between Route NJ 122 (New Brunswick Turnpike) and the Borough of Alpha-Township of
Pohatcong corporate limits
Fifth Avenue
Between East Vulcanite Avenue and William Street
First Avenue
A.
Between High Street (C.R. No. 642) and William Street
B.
Between High Street (C.R. No. 642) and East Central Avenue
Hobson Street
Between its most westerly terminus and Springtown Road (C.R. No. 641)
Industrial Drive
Between Route NJ 122 (New Brunswick Avenue) and its southernmost terminus
Lee Avenue
Between Dewey Avenue and Springtown Road (C.R. No. 641)
Olive Street
Between Seventh Avenue and Fifth Avenue
Park Avenue Drive
A.
Between High Street (C.R. No. 642) and Park Avenue Drive North
B.
Between Park Avenue Drive South and South Boulevard
Park Drive
A.
North: between East Park Drive and West Park Drive
B.
South: between East Park Drive and West Park Drive
C.
East: between North Park Drive and South Park Drive
D.
West: between North Park Drive and South Park Drive
Schley Avenue
A.
Between High Street (C.R. No. 642) and North Boulevard
B.
Between North Boulevard and West Central Avenue
C.
Between West Central Avenue and South Boulevard
Second Avenue
Between Morris Street and East Central Avenue
Seventh Avenue
Between Route NJ 122 (New Brunswick Avenue) and East Vulcanite Avenue
Sigsbee Avenue
Between Schley Avenue and Lee Avenue
Sixth Avenue
Between East Central Avenue and its northernmost terminus (Saint Mary's Cemetery)
South Boulevard
Between East Boulevard and West Boulevard
West Boulevard
Between North Boulevard and Hobson Street
West Central Avenue
Between Park Drive East (Park Avenue) and Lee Avenue
[Amended 8-23-2016 by Ord. No. 2016-12]
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:
Intersection
Stop Sign On
Fourth Avenue and Warren Street
Fourth Avenue (north and south approaches)
Hawk Avenue and Hunterdon Street
Hawk Avenue
Hawk Avenue and Somerset Street
Hawk Avenue (north and south approaches)
Morris Street and Hawk Avenue
Morris Avenue (east and west approaches)
Pearl Street and Argyle Avenue
Pearl Street (north and south approaches)
Pearl Street and Bagley Street
Pearl Street (north and south approaches)
Pearl Street and Dewey Avenue
Pearl Street
Pearl Street and Leonia Street
Pearl Street (north and south approaches)
Pearl Street and Myrtle Street
Pearl Street (north and south approaches)
Pearl Street and Sampson Avenue
Pearl Street (north and south approaches)
Pearl Street and West Central Avenue
Pearl Street (north and south approaches)
Wayne Street and Williams Street
Wayne Street
[Amended 8-23-2016 by Ord. No. 2016-12]
Pursuant to the provisions of N.J.S.A. 39:4-140, the intersections herein described are designated as multi-way stop intersections. Stop signs shall be installed as provided herein.
Intersection
Stop Sign On
North Boulevard and Schley Avenue
North Boulevard (east and west approaches) and Schley Avenue (north and south approaches)
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.
Intersection
Yield Sign On
(Reserved)
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.
Name of Street
Direction
Limits
Parking Permitted
Fifth Avenue
Southbound
Between East Central Avenue and East Vulcanite Avenue
Both
Park Avenue Square
Counter clockwise
Entire length
All
Springtown Road (C.R. No. 641)
Southbound
Between West Vulcanite Avenue and Third Avenue (C.R. No. 519)
None
Buzas Road
[Amended 11-27-2018 by Ord. No. 2018-11]
Westbound
Between Third Avenue (C.R. No. 519) and Springtown Road (C.R. No. 641)
Both
Pursuant to N.J.S.A. 40:67-16.1, the streets or parts of streets as described are hereby designated as routes for vehicles over four tons. All trucks having a total combined gross vehicle weight (GVW) of vehicle plus load in excess of four tons shall be excluded from all streets, except from those streets listed, which form a part of the system of truck routes. Vehicles will be permitted on all streets for the purpose of the pickup and delivery of materials.
Name of Street
Location
(Reserved)
Vehicles over the gross vehicle weight (GVW) are hereby excluded from the streets or parts of streets described except for the pickup and delivery of materials on such streets:
Name of Street
Tons
Location
Alpha Street
4
Entire length
East Boulevard
4
Entire length
East Central Avenue
4
Entire length
Ellen Street
4
Entire length
Fifth Avenue
4
Entire length
First Avenue
4
Entire length
Fourth Avenue
4
Entire length
Harding Street
4
Entire length
Hobson Street
4
Entire length
Hunterdon Street
4
Entire length
Lee Avenue
4
Entire length
Morris Avenue
4
Entire length
North Boulevard
4
Entire length
Olive Street
4
Entire length
Park Avenue
4
Entire length
Pohatcong Street
4
Entire length
Pursel Street
4
Entire length
Sampson Street
4
Entire length
Schley Avenue
4
Entire length
Second Avenue
4
Entire length
Seventh Avenue
4
Entire length
Sixth Avenue
4
Entire length
Somerset Street
4
Entire length
South Boulevard
4
Entire length
East Vulcanite Avenue
[Amended 11-27-2018 by Ord. No. 2018-11]
4
Entire length
Wayne Street
4
Entire length
West Boulevard
4
Entire length
Williams Street
4
Entire length
Winter Street
4
Entire length
No person shall turn at the below-described locations as indicated:
Intersection
Turn Prohibited
Movement Prohibited
(Reserved)
No person shall make a turn at the below-listed locations other than a right turning movement:
Intersection
Movement Permitted
(Reserved)
No person shall make a right turn on the red signal at any location listed:
Intersection
Movement Prohibited
(Reserved)
The following locations are hereby established as midblock crosswalks:
Name of Street
Location
North Boulevard
[Added 5-12-2020 by Ord. No. 2020-06]
Approximately 300 feet east of the intersection of North Boulevard and Park Avenue
The lane locations described are designated as lane use reservations, and traffic shall move as indicated:
Intersection or Location
Movement
(Reserved)
The lane locations described are hereby designated as exclusive lanes for use by certain vehicles as indicated:
Name of Street
Type of Vehicle
Direction
Limits
(Reserved)
The lane locations described are hereby designated as bicycle lanes. Bicycle lanes shall be a minimum of four feet in width, pursuant to the Manual on Uniform Traffic Control Devices for Streets and Highways.
Name of Street
Side
Lane Width
Limits
(Reserved)
A. 
The speed limits for both directions of traffic along the streets or parts thereof described below and made a part of this chapter are hereby established at the rate of speed indicated.
B. 
Regulatory and warning signs shall be erected and maintained to effect the above-designated speed limits.
Name of Street
MPH
Limits
Approval Date
High Street (C.R. No. 642)
35
From Springtown Road (C.R. No. 641) to the Alpha Borough - Pohatcong Township corporate limits
5-10-1967
Springtown Road (C.R. No. 641)
45
Entire length
6-19-1967
No-passing zones are hereby established and shall be maintained upon the following described streets or parts thereof:
Name of Street
Sketch No.
Sketch Date
Approval Date
(Reserved)
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.
Name of Street
Hours
(Reserved)
The locations described are hereby designated as articulated bus stops. No vehicle other than an omnibus, picking up or discharging passengers, shall be permitted to occupy said location between the hours indicated.
Name of Street
Hours
(Reserved)
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.
Name of Street
Time
Side
Location
(Reserved)
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.
Name of Street
Location
Hours
(Reserved)
A. 
Handicapped parking on streets. In accordance with the provisions of N.J.S.A. 39:4-197, the following street locations are designated as handicapped parking spaces. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
[Amended 10-22-2019 by Ord. No. 2019-16]
Name of Street
Location
1191 Fifth Avenue
256 feet north of the intersection of Fifth Avenue and Cedar Alley
806 North Boulevard
157 feet east of the intersection of North Boulevard and Schley Avenue
729 Sampson Avenue
203 feet west of the intersection of Sampson Avenue and Pearl Street
B. 
Resident handicapped on-street parking.
[Amended 9-26-2006 by Ord. No. 06-06]
(1) 
Purpose. The purpose of this section is to establish a restricted parking zone, by ordinance or resolution, in front of a residence occupied by a handicapped person, which person has been issued a windshield placard or wheelchair symbol license plates for the vehicle owned by the handicapped person by the New Jersey Motor Vehicle Commission or Division of Motor Vehicles pursuant to applicable law.
[Amended 10-22-2019 by Ord. No. 2019-16]
(2) 
Statutory authority. This chapter is enacted in accordance with N.J.S.A. 39:4-197.6, which does confer upon the Borough a right to establish resident handicapped on-street parking in order to preserve and safeguard the public health, safety and welfare.
[Amended 10-22-2019 by Ord. No. 2019-16]
(3) 
Criteria.
[Amended 6-11-2019 by Ord. No. 2019-06; 10-22-2019 by Ord. No. 2019-16]
(a) 
The person requesting on-street resident handicapped parking is a resident of the Borough of Alpha who shall make application to the Borough of Alpha. The application shall be reviewed, and approved or denied, by the top law enforcement official in the Borough for the Police Department assigned to or responsible for the patrol of Alpha. A negative determination may be appealed to the Borough Council if a request from the resident aggrieved is received within 20 days from the date of the declination. If approved, the applicant shall be responsible for filing a renewal application with the Borough Clerk’s office annually by January 20 of every succeeding year.
(b) 
The person requesting on-street resident handicapped parking has been issued a wheelchair symbol license plate or windshield placard issued by the New Jersey Motor Vehicle Commission which is properly displayed in either the handicapped resident's vehicle or the vehicle of an immediate family member who also resides at that location. The person requesting on-street parking does not have adequate off-street parking on his/her property.
(c) 
The subject property passes an on-site inspection by the top law enforcement officer of the Police Department responsible for patrolling Alpha, which inspection shall determine whether handicapped parking will interfere with the normal flow of traffic or whether there is immediate adjacent off-street parking available to the applicant.
(d) 
The applicant complies with the provisions of N.J.S.A. 39:4-138(o) and 39:4-197.6, regulating handicapped parking in designated spaces.
(e) 
Upon approval of an applicant's request for resident handicapped on-street parking, the Borough will enact an appropriate ordinance or resolution designating the name of the subject street, the side of that street where the resident resides, and a description of the allowed parking area in front of the subject residence. Such designation shall be within the property lines of the subject residence but otherwise shall be subject to the discretion of the Borough Council or its designee.
(f) 
All new on-street resident handicapped parking spaces approved by the Borough Council shall be set by resolution of the Borough Council, designating the name of the subject street, the side of said street where the resident resides, and a description of the allowed parking area in front of the subject property within the said resident’s property lines. The designated space shall be for the sole use of the resident who requested same, and the Borough shall implement a system to so identify the designated space as the specifically reserved space of the resident. The Borough’s contracted police department, law enforcement agencies and the Borough Code Enforcement Officer are authorized to enforce the provisions of this subsection, and any person found to be parked in such a space in contravention of this subsection shall be subject to the violations and penalties provision of this section and the Borough Code.
(4) 
Violations and penalties. Any person improperly parking in a properly designated resident handicapped resident parking space shall be subject to the penalties under N.J.S.A. 39:4-203 and 39:4-207.7, or shall be subject to a fine and court costs not to exceed the maximum established by statute.
(5) 
In accordance with the provisions of N.J.S.A. 39:4-197.6, the following on-street locations are designated as handicapped parking spaces in front of private residences occupied by handicapped persons. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted in these spaces.
Name of Street
Permit Number
Location
(Reserved)
C. 
Handicapped parking in municipal parking lots and Board of Education property. In accordance with the provisions of N.J.S.A. 39:4-1 and 39:4-197, the following off-street parking yards and Board of Education property are designated as handicapped parking areas. Such spaces are for use by persons who have been issued special identification cards, plates or placards issued by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these areas.
Property
Number of Spaces
Location
(Reserved)
D. 
Handicapped parking on private property open to the public and to which the public is invited (retail business). In accordance with the provisions of N.J.S.A. 40:48-2.46, the following off-street parking yards are designated as handicapped parking areas. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
Property
Number of Spaces
Location
(Reserved)
E. 
Handicapped parking on all other private property. In accordance with the provisions of N.J.S.A. 39:5A-1, the following off-street parking locations are designated as handicapped parking. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
Property
Number of Spaces
Location
(Reserved)
F. 
Handicapped parking on municipal parks. In accordance with the provisions of N.J.S.A. 39:5A-4, the following off-street parking locations are designated as handicapped parking. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
Property
Number of Spaces
Location
(Reserved)
G. 
Handicapped parking on postal properties. In accordance with 40 U.S.C. § 318B and a written request from the Postmaster, the following off-street locations are hereby designated as handicapped parking, pursuant to P.L. 1989, c.201(1), effective 6-1-1990. Such spaces are for use by persons who have been issued special identification cards, plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted to park in these spaces.
Property
Number of Spaces
Location
(Reserved)
H. 
Signs, pavement markings, installation and maintenance. The owners of the premises referred to Subsections C, D and G of this section shall provide and install signs and pavement markings for each parking space reserved for the use of handicapped persons, which signs and markings shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways. The cost of procurement and installation of the signs and pavement markings shall be the responsibility of the owner of said property. The owner shall, subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Alpha. The owner shall be responsible for the repair and restoration of same.
A. 
Regulation for the movement and the parking of traffic on municipal property and Board of Education property. In accordance with the provisions N.J.S.A. 39:4-197, the following municipal and Board of Education property shall have the movement of traffic controlled by the type of regulation indicated. No person shall operate or park a vehicle in violation of the regulations indicated.
Property
Regulation
(Reserved)
B. 
Regulation for the movement and the parking of traffic on private property open to the public and to which the public is invited (retail business).
(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.
Property
Regulation
(Reserved)
(2) 
The owners of the premises referred to in this section shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the current Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD). The cost of signs and installations shall be the responsibility of the owner of said property. The owner shall, subsequent to the initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Alpha.
(3) 
The penalty for a violation and conviction of this section shall be not less than $50 nor more than $250 and/or imprisonment in the county jail for a term not to exceed 30 days, or by a period of community service not to exceed 90 days.
C. 
Regulation for the movement and the parking of traffic on all other private property. In accordance with the provisions of N.J.S.A. 39:5A-1, the regulations of Subtitle 1, Title 39, of the Revised Statutes are hereby made applicable to the properties listed below:
Property
Regulation
(Reserved)
D. 
Regulation for the movement and the parking of traffic on municipal park property. In accordance with the provisions of N.J.S.A. 39:5A-4, the regulations of Subtitle 1, Title 39, of the Revised Statutes are hereby made applicable to the properties listed below:
Property
Regulation
(Reserved)
E. 
Regulation for the movement and the parking of traffic on United States Post Office property. In accordance with 40 U.S.C. § 318B and a written request from the Postmaster, the following various traffic regulations are hereby made applicable to the properties listed below as follows. No person shall operate or park a vehicle in violation of the regulations listed below.
Property
Regulation
(Reserved)
F. 
Signs, pavement markings, installation and maintenance. The owners of the premises referred to in Subsections B and E of this section shall provide and install signs and pavement markings as required, which signage and markings shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways. The cost for the procurement and installation of signs and pavement markings shall be the responsibility of the owner of said property. The owner shall, subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Borough of Alpha. The owner shall be responsible for the repair and restoration or replacement of same.
[Added 7-20-2021 by Ord. No. 2021-07]
No vehicle shall be parked on the property of the Borough of Alpha located at Lot 1.01, Block 97 as shown on the Tax Map of Borough of Alpha, unless:
A. 
The vehicle is parked within the permit parking area as established by the Council of the Borough of Alpha, that being the paved lot on said property and has displayed a current official Borough of Alpha parking permit on the rear side of the rear-view mirror in such a manner so it can be clearly visible by a police officer or other personnel designated by the Borough Council; or
B. 
The vehicle falls under one of the following exemptions to parking by permit:
(1) 
Visitors. The operator of a motor vehicle that is a bona fide visitor to the grounds and parks may park within the permit parking area, provided the visitor's motor vehicle is not parked or left standing there overnight (between the hours of 10:00 p.m. and 6:00 a.m.).
(2) 
Contractors, service and delivery vehicles. Contractors, service and delivery vehicles bearing the name and addresses of a commercial business may park without a permit within the permit parking area during the time they are rendering service to the Borough of Alpha.
(3) 
Emergency and public utility vehicles. Emergency vehicles and public utility vehicles may park within the permit parking areas during the time they are rendering service or repairs to the Borough of Alpha.
[Added 7-20-2021 by Ord. No. 2021-07]
Application for parking permits under § 116-44 shall be made in writing on forms available from the Borough of Alpha Clerk's Office. Permits shall be granted only under the following terms and conditions:
A. 
A permit, valid for one year, shall be issued for a vehicle owned or principally operated by a person residing in the Borough of Alpha or any nonresident. Permittees shall park within parking spaces demarcated by lines.
B. 
The Borough of Alpha Council hereby establishes the fee for issuing such parking permits to be $15 annually for residents and $20 annually for nonresidents. The Borough Clerk's Office shall maintain appropriate records for all parking permits and establish a procedure for renewal and replacement of parking permits as well as all other administrative matters concerning the parking permits required to effectuate permit parking authorized by this article.
A. 
The Police Department contracted with by the Borough may make complaint in the Municipal Court of the Borough of Alpha for any conduct in violation of § 116-44.
B. 
Any vehicle parked or standing in violation of § 116-44 shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and parking, and any police officer may provide for the removal of such vehicle. The owner shall be responsible for the reasonable costs of removal and storage which may result from such removal before regaining possession of the vehicle.
C. 
In addition to the provisions of Subsection B herein, any person convicted of a violation of § 116-44 or any supplement thereto shall be liable to a penalty of not more than $200.
[Added 11-9-2021 by Ord. No. 2021-11; amended 2-22-2022 by Ord. No. 2022-02]
The Borough of Alpha shall require governing body action or approval for a permit for any and all coin tosses or other similar fundraising events held on or on the side of public streets and roadways in the Borough by the Alpha Borough Fire Department or other nonprofit organizations
[Added 2-22-2022 by Ord. No. 2022-02]
A. 
Definition. Engine braking shall mean the use or operation of any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual, or explosive noise from such vehicle, or the downshifting of gears used in place of braking.
B. 
Prohibition. It shall be unlawful for the driver or operator of any motor vehicle to use any mechanical exhaust device designed to aid in the braking, decompression or deceleration of any motor vehicle which results in excessive, loud, unusual, or explosive noise from such vehicle; it shall also be unlawful for the operator or driver of a motor vehicle to employ the downshifting of gears in place of braking thus resulting in excessive, loud, unusual, or explosive noise from such vehicle. However, the provisions of this section shall not apply to engine braking where it is necessary for the protection of persons and/or property in the interests of the health, safety, and welfare of the general public. Sounds created by emergency equipment and emergency vehicles are also exempt.
C. 
The Director of Public Safety or his/her designee is hereby authorized to post or have posted at reasonable locations within the Borough signs indicating that engine braking is prohibited.
D. 
Violations and penalties. Any person or legal entity convicted of a violation of this section or any supplement thereto shall be subject to a penalty of not more than $1,000.