[Adopted 3-10-2015 by Ord. No. 2015-2-003]
The purpose of this article is to provide a system to declare and notify persons of snow emergencies and enforce the provisions for same. Without such provisions, vehicles remain parked on Township streets, impairing effective plowing and snow and ice removal. Consequently, potential hazards are created by unplowed snow and untreated ice.
As used in this article, the following words shall have the following meanings:
- The Township Administrator of the Township of Lumberton or the Administrator's designee. In the absence of an Administrator, it shall be the Emergency Management Coordinator or his deputy coordinators.
- The same meaning as defined in N.J.S.A. 39:1-1 as the same may be modified or amended from time to time.
The Administrator shall declare a snow emergency when the Administrator finds, on the basis of falling snow, sleet, freezing rain or on the basis of a forecast by the United States Weather Bureau or on the basis of any other weather service, that weather conditions will make it necessary for motor vehicle traffic to be limited and for parking on Township streets to be prohibited or restricted for snowplowing or other purposes. The following parking regulations shall be in effect during snow emergencies:
Effective time of snow emergency. A snow emergency shall take effect not earlier than four hours after it is declared, except if a snow emergency is declared after 8:00 p.m., enforcement of the same shall not take effect until 8:00 a.m. the next day, unless otherwise indicated in the declaration.
A snow emergency shall be in force for a minimum of 24 hours after taking effect unless canceled or changed under § 250-26 of this article.
It shall be unlawful for a person to park or leave any vehicle on a street in the Township of Lumberton when a snow emergency has been declared.
No motor vehicle shall be parked in the front of driveways where doing so will cause the vehicle to block an adjacent walkway or sidewalk or where the vehicle extends into the street.
Vehicles which are disabled which block the roadway must be removed at the owner's expense.
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.
The Administrator shall declare a snow emergency by written signed notice, filed with the Municipal Clerk, stating the beginning and ending time for the period of the snow emergency, which ending time shall be a minimum of 24 hours after taking effect. If the office of the Municipal Clerk is closed, the Administrator shall file such notice promptly when the office next is open during normal business hours.
The Administrator may cancel such declaration or change the beginning or ending time. Notice as provided in Subsection C of this section shall be given for such cancellations or changes.
The Administrator shall cause each declaration of a snow emergency to be publically announced by means of broadcast over the Township's auto-call system, posting on the Township's website or other social media system and emailing to those individuals who have requested to receive such notices via email. Failure to provide notice in all of the listed methods shall not be a defense to an action for enforcement of the article.
The notice concerning the snow emergency declaration shall inform the public when the snow emergency parking regulations for the Township will be in effect.
The Administrator may take such other actions to inform the public of the snow emergency as appropriate.
Once in effect, the prohibition under this article shall remain in effect until terminated by announcement of the Administrator in a manner similar to the announcement of the snow emergency.
Removal of vehicles. Any unoccupied vehicle parked or standing in violation of this article shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and any Township official or law enforcement 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. Any vehicle found to be parked where not permitted during a snow emergency will be issued a notice of parking violation pursuant to this article and towed to a place designated for the storage of impounded vehicles.
Stalled or disabled vehicles. Whenever a vehicle becomes stalled or disabled for any reason, whether or not in violation of this article, on any portion of any street to which the parking prohibition applies, the person operating the vehicle shall take immediate actions to have the vehicle towed or pushed off the street. No person shall abandon or leave his or her vehicle in any street (regardless of whether the person indicates, by raising the hood or otherwise, that the vehicle is stalled), except for the purpose of securing assistance during the actual time necessary to go to a nearby telephone or to a nearby garage, automobile service station or other place of assistance and return without delay.
Any person who violates this article is responsible for a civil infraction, punishable by a fine not to exceed $100 for a first offense and a fine of $250 for a second or subsequent offense.
Evidentiary presumption relating to parking or leaving vehicle. In any proceeding for a violation of this article relating to the parking or leaving of a vehicle, proof that the particular vehicle described in the complaint was parked or left in violation of this article, together with proof that the respondent named in the complaint was, at the time of such parking, the registered owner of such vehicle, shall constitute in evidence a presumption that the registered owner of such vehicle was the person who parked or left such vehicle at the location such violation occurred.
Impoundment of vehicle. Any vehicle parked or left on any street in violation of this article constitutes a public hazard and an obstruction of traffic and may be towed and impounded immediately. No person may recover any impounded vehicle without first paying the cost of removal and storage, notwithstanding, and apart from, any fine which may also be imposed for violation of this chapter.