[Adopted 8-11-1971 by Ord. No. 1971:222
(Part 2 of Ch. 104 of the 1967 Code)]
As used in this Part 1, the following words
or expressions shall have the meanings indicated:
All vehicles propelled otherwise than by muscular power.
A person who holds the legal title of a motor vehicle.
The standing or waiting of a motor vehicle not actually engaged
in receiving or discharging passengers or merchandise, unless in obedience
to traffic regulations or traffic signs or signals.
Any place which is open to the public or to which the public
is invited, whether maintained or operated separately or in conjunction
with any business or enterprise.
A person afoot.
No person shall drive a motor vehicle in any
parking yard or parking place unless he or she has been duly licensed
to drive a motor vehicle on the public highways of New Jersey by the
State of New Jersey or, if such driver is a nonresident, unless he
or she has been duly licensed by his or her resident state, territory,
federal district of the United States or country to operate a motor
vehicle on the public highways thereof.
A.
No person shall drive a motor vehicle in any parking
yard or parking place unless said vehicle has been duly registered
by the State of New Jersey or, if the owner is a nonresident, by the
resident state, territory, federal district of the United States or
country of said nonresident owner. The driver of such motor vehicle
in such place shall have in his or her possession the certificate
of registration of such motor vehicle as herein required. Such motor
vehicle shall also have displayed thereon license plates as required
by the laws of New Jersey or, in the case of nonresident owners, in
accordance with the laws of the place where such resident resides
or registered his or her motor vehicle.
B.
It shall be unlawful for any person to operate any
conveyance, including but not limited to dirt bikes, trail bikes,
minibikes, motor scooters, mopeds, go-peds, go-carts, motorized skateboards,
snowmobiles, off-road vehicles, or other similar-type vehicles (except
that this section does not prohibit the operation of motorized vehicles
typically utilized by children, age five or under, nor does this section
prohibit the use of motorized vehicles utilized for the purposes of
disabled persons or the use of ride-on lawnmowers or similar machinery
utilized for similar purposes) on any public or quasipublic property.
It shall be unlawful for any person to operate any conveyance as defined
herein on private property without the express prior consent of the
owner and occupant of said property.
[Added 11-13-2002 by Ord. No. 2002:877; amended 5-28-2003 by Ord. No. 2003:900]
C.
It shall he unlawful for any person to operate any conveyance, as defined in Subsection B above, in such manner as to create loud, unnecessary or unusual noise so as to disturb or interfere with the peace and quiet of other persons or to operate any such conveyance in a careless, reckless or negligent manner so as to endanger or be likely to endanger the safety of any person or property.
[Added 11-13-2002 by Ord. No. 2002:877]
D.
It shall be reputably presumed that any person under the age of 18 years who operates a conveyance as defined in Subsection B above in violation of the terms of this chapter and who resides within or is in the custody of his or her parent(s), guardian(s) or other person(s) having custody of said minor is operating said conveyance with the sufferance and permission of the said parent(s), guardian(s) or other person(s) having custody.
[Added 11-13-2002 by Ord. No. 2002:877]
A.
The driver of any motor vehicle in any parking yard or parking place shall, upon the request of any police officer, exhibit his or her driver's license, as required by § 183-2, and his or her refusal or failure to exhibit the same shall be presumptive evidence that he or she is not the holder of such a license valid for the day the request was made.
B.
Such driver shall also, upon the request of any police officer, exhibit the registration certificate for the vehicle operated by him or her, as required by § 183-3 of this Part 1, and his or her refusal or failure to exhibit the same shall be presumptive evidence that such vehicle is not registered as required by said § 183-3.
C.
Such driver shall also, upon the request of any police
officer, exhibit the insurance card for the vehicle operated by him
or her.
[Added 3-28-2001 by Ord. No. 2001:841]
No person shall operate a motor vehicle in a
parking yard or parking place at a speed in excess of 10 miles per
hour.
No person shall operate a motor vehicle in a
parking yard or parking place carelessly or without due caution and
circumspection or in a manner so as to endanger or be likely to endanger
a person or property.
No person while operating a motor vehicle shall
enter a parking yard or parking place except where the entrance for
vehicles is indicated by a sign or signs. No person while operating
a motor vehicle shall leave or exit from a parking yard or parking
place except where an exit for motor vehicles is indicated by a sign
or signs.
No person shall operate a motor vehicle in a
parking yard or parking place except on the designated roadways or
lanes thereof and in the parking stalls as indicated by lines on the
pavement or signs. When driving on said designated roads, the driver
of a motor vehicle shall drive only in the direction indicated by
the signs or arrow markings on the roadway.
Pedestrians shall enter parking yards or parking
places only where entry for motor vehicles is indicated by signs and
shall exit only where exit for motor vehicles is indicated by signs.
No person delivering goods, chattels, merchandise
or articles of any kind to any place of business in the Borough of
Closter which has a parking yard or parking place for use by the public
shall make such deliveries at any place or location except at and
through the rear entrance to said place of business.
The operator of any motor vehicle which is in
motion in any parking yard or parking place shall have the same lights
and lighting equipment in operation as would be required by the laws
of New Jersey at that time if said motor vehicle was then being operated
on a public highway of this state.
[Amended 10-28-1987 by Ord. No. 1987:551]
A.
Prohibition. It shall be unlawful for any person to
park or leave standing any vehicle in parking yards and parking places
which are open to the public or to which the public is invited, whether
maintained or operated separately or in conjunction with any business
or enterprise, in the Borough of Closter after notice has been posted
as hereinafter provided by the owner, occupant, lessee or licensee
prohibiting such parking.
B.
Written request. Upon the filing of a written request
by any person or by the Board of Directors of any corporation owning
lands in the Borough of Closter on which there is located a parking
area open to or used by the customers, tenants or employees for purposes
of off-street parking by permission of the owner and not as a matter
of public right, the provisions of this Part 1 shall be made applicable
thereto. The written request shall contain the name and post office
address of the person or corporation who is the owner of said parking
area and shall designate with reasonable accuracy the parking area
to be affected by the parking restriction.
C.
Suitable signs.
(1)
All parking areas to which the provisions of this
Part 1 are made applicable shall be identified by suitable signs bearing
the words "Private Parking Area/No Parking; Violators Will Be Towed
at Owner's Expense," together with any qualifications or restrictions
of such parking. The restrictions may include but not be limited to
the following:
(2)
Said signs shall be conspicuously displayed and posted on said lands by the owner thereof on all parking areas where this Part 1 is effective and shall also bear the designation of this chapter number. Signs shall be posted by the owner or occupant, lessee or licensee, at his or her own cost and expense. Said signs shall be approved by the Chief of Police of the Borough of Closter before they are put into use.
D.
Violators. Any person violating the parking restrictions
pursuant to this Part 1 shall be subject to having his or her vehicle
towed. A vehicle which has been towed shall not be claimed except
upon payment to the authorized tower of towing and storage costs in
connection with the towing.
[Amended 3-28-2001 by Ord. No. 2001:841]
E.
Unlawful to damage, deface, etc. It shall be unlawful
to deface, tamper with or damage any sign posted pursuant to this
Part 1.
F.
Nonapplicability. Nothing in this section shall be
construed to apply to the parking or standing of any vehicle upon
lands or premises lying within the bounds of any public street or
highway.
A.
No person shall park or leave standing a motor vehicle,
whether attended or unattended, on any of the roadways in a parking
yard or parking place or in any place therein where parking is prohibited
by notice given by a sign or otherwise.
B.
If parking spaces are provided, no person shall park
or leave standing a motor vehicle, whether attended or unattended,
except in a marked parking space. Such vehicle shall be parked properly
within the lines of the parking space.
[Added 6-12-1996 by Ord. No. 1996:715]
C.
No person shall leave or park a commercial motor vehicle
over 10,000 pounds' gross weight on any street or in any parking yard
within the Borough of Closter with the motor running or idling for
more than 30 minutes.
[Added 6-12-1996 by Ord. No. 1996:715]
No person shall use any portion of a parking
yard or parking place as a place for the buying or selling of any
thing or merchandise or for any purpose other than the parking of
a motor vehicle while shopping, and then only where parking is permitted
as indicated by signs, pavement markings or notices.
[Amended 3-28-2001 by Ord. No. 2001:841]
In the event that any person shall park or leave
standing a motor vehicle whether attended or unattended, on any roadway
or in a parking yard or in a parking place or in any other place therein
where such parking or standing of motor vehicles is prohibited by
signs or other notice, such motor vehicle shall be deemed a nuisance
and a menace to the safe and proper regulation of traffic, and any
police officer may provide for the removal of such motor vehicle.
Summons to be issued by property owner. The owner or lessee of such
vehicle shall pay the reasonable cost of the removal and storage which
may result from such removal before regaining possession of said motor
vehicle.
[Amended 3-28-2001 by Ord. No. 2001:841]
Any motor vehicle which has been parked or left
in a parking yard or parking place for more than 72 consecutive hours
shall be deemed to have been abandoned, and any police officer may
provide for the removal and storage of such motor vehicle. Summons
to be issued by property owner. The owner or lessee of such motor
vehicle shall pay the reasonable costs of the removal and storage
which may result from such removal before regaining possession of
such vehicle.
No motor vehicle shall be parked in a parking
yard or parking place which has an overall length of more than 20
feet or an overall width of more than 7 1/2 feet. Such overall
length and width shall include the length and width of any load carried
by such motor vehicle.
Within two months after the effective date of
this Part 1, the owner of every parking yard or parking place in the
Borough of Closter shall, at his or her own cost and expense, in said
parking yard or parking place:
A.
Provide, maintain and properly illuminate signs indicating
the location of the entrance roadways and the exit roadways at the
points where such roadways meet the public highway. Said entrance
and exit signs shall be sufficiently elevated and of sufficient size
and the lettering thereof shall be sufficiently large so that they
may be seen and read from all parts of said parking yards or parking
places.
B.
Paint arrows with white paint and maintain the same
on the pavement of the entrance and exit roadways within 10 feet of
their point of intersection with the public highway, indicating the
direction that motor vehicle traffic is allowed to proceed.
C.
Provide, maintain and properly illuminate at all entrance
roadways, where the same meet or intersect with the public highway,
a sign stating that the speed limit is 10 miles per hour in said parking
yard or parking place.
D.
Provide, maintain and properly illuminate signs indicating
and giving notice of the areas in which motor vehicles may be parked.
In such places parallel white lines with sufficient space between
shall be painted on the pavement, and cars shall be parked between
such white lines. The Borough, in its sole discretion, may use parallel
yellow lines, instead of parallel white lines, to designate areas
with certain parking restrictions.
[Amended 12-22-2014 by Ord. No. 2014:1182]
E.
Provide, maintain and properly illuminate signs prohibiting
the parking of motor vehicles on the roadways; paint and maintain
the painting of directional arrows at intervals of 40 feet on said
roadways indicating the only direction that motor vehicles shall be
driven on such roadways; and paint and maintain the painting of directional
arrows on the pavement of roadways where two roadways intersect.
F.
Place, maintain and properly illuminate, at the intersections
of the roadways, signs indicating the direction of travel for motor
vehicles permitted on each of said intersecting roadways.
G.
Place, maintain and properly illuminate signs informing
the public where parking is prohibited.
H.
Place, maintain and properly illuminate such other
signs and notices as are mentioned or provided for in this Part 1
or which may be reasonably necessary to inform the public of parking
prohibitions and direction of travel requirements.
The signs, pavement markings and notices required to be placed by the owner by § 183-18 of this Part 1 and the traffic plan for the parking yard or parking place shall be approved by the Chief of Police of the Borough of Closter before they are put to use. Said signs, pavement markings and notices herein mentioned shall be approved by said Police Chief if they reasonably inform the public of any prohibited acts and of the traffic flow pattern. In the trial on a complaint charging a violation of this Part 1, the evidence of the placement or existence of any sign, pavement marking or notice of the kind mentioned in this Part 1 in any parking yard or parking place at the time of the alleged violation shall give rise to the presumption that the approval required from the Chief of Police by this section was given by him or her.
No person shall, in any parking yard or parking
place:
A.
Throw, drop, discard or place any can, bottle, receptacle,
container, paper, refuse, rubbish or other article or articles on
said premises except in receptacles or baskets, if any, provided for
such purpose by the owner or lessee of said premises.
B.
Obstruct the free and unimpeded passage of pedestrians
or motor vehicles.
C.
Make, permit or cause to be made any loud, unnecessary
or unusual noise which either unreasonably annoys, disturbs, injures
or endangers the comfort, repose, health, peace, rest, safety or welfare
of other persons.
D.
Play or operate any radio or other instrument or device
with louder volume than is reasonably necessary for convenient hearing
by the person so playing or operating the aforementioned articles.
In any trial on a complaint for a violation
of this Part 1, proof of the ownership of any motor vehicle involved
in the complaint may be established by offering into evidence a certificate
or other official communication from the Division of Motor Vehicles
of the State of New Jersey or other state, district, territory, country
or place where the vehicle was registered according to the license
plates thereon, setting forth the name and address of the owner of
said motor vehicle on the date of the alleged violation, whereupon
the same shall be received in evidence without further authentication
or proof and a presumption shall arise that the owner of said motor
vehicle as shown in such certificate or official communication was
the owner of and was operating said vehicle on the date and at the
time it was involved in the alleged violation of this Part 1.
