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AN ORDINANCE AMENDING TITLE 23, CHAPTER 5, PARKING, STOPPING AND STANDING, GENERALLY, BY ADDING THERETO SECTION 23: 5-9, PARKING OF VEHICLES ON YARD FRONTAGE.
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WHEREAS, the City has been dealing with ongoing issues and complaints related to individuals parking on the front lawn of their property in residential areas; and
WHEREAS, the parking of vehicles on any surface that is not improved in the front yard diminishes property values in residential areas; and
WHEREAS, the parking of vehicles on any surface that is not improved in the front yard degrades the aesthetic appearance of residential areas where the parking of vehicles on any surface that is not improved in the front yard of residential properties of such is significant or common practice; and
WHEREAS, the parking of vehicles on any surface that is not improved in the front yard of residential properties can cause damage to underground infrastructure, resulting in loss of water and other conditions contrary to the public interest; and
WHEREAS, the Municipal Council desires to enact regulations to address and mitigate the negative effects set forth in the preceding recitals in residential areas resulting from the conduct of those who park vehicles on any surface that is not improved in the front yard of residential properties in violation of such regulations; and
WHEREAS, pursuant to N.J.S.A. 40:48-2, the City is authorized to enact and amend ordinances as deemed necessary for the preservation of the public health, safety and welfare and as may be necessary to carry into effect the powers and duties conferred and imposed upon the City of Newark by law; and
NOW, THEREFORE, BE IT ORDAINED BY THE MUNICIPAL COUNCIL OF THE CITY OF NEWARK, NEW JERSEY, THAT:
Section 1. Chapter 5-9, entitled “Parking of Vehicles on Yard Frontage” is hereby added to the City of Newark Municipal Code as follows:
A. Definitions. As used in this section, the following terms shall have the meanings indicated:
YARD FRONTAGE- shall mean an area extending across the full width of a lot lying between the abutting street line and the nearest part of the residential building on the lot.
B. Prohibited Conduct. Motor vehicles, as defined in N.J.S.A. 39:1-1, may not be stored, parked, or maintained on any front lawn grass or dirt areas in residential districts. It shall be unlawful for any property owner, tenant or occupant to park or permit the parking of any motor vehicle on any front lawn grass or dirt areas in a residential district.
C. Enforcement. The provisions of this section shall be enforced by the Department of Public Safety, Police Division.
D. Violations and penalties. Any person who violates the provisions of this section, or permits a violation of this section on property owned or rented by such person, shall upon conviction be subject to a minimum fine of $100, and a fine not exceeding $2,000 or the maximum allowable under N.J.S.A. 40:49-5, a term of imprisonment not exceeding 90 days or a period of community service not exceeding 90 days or any combination thereof. Each day of violation shall constitute a separate offense. Unless otherwise specifically indicated, when the minimum fine is imposed for a violation of this provision, no court appearance shall be required if the fine is paid to the City of Newark.
E. Nothing contained herein shall prohibit parking of a motor vehicle on an approved driveway.
F. Nothing in this section shall prohibit towing of said vehicle in the event an emergency situation arises wherein emergency services are being rendered or attempted to be rendered in or about the residential premises.
Section 2. Any existing ordinance, or part thereof, inconsistent with this Ordinance is hereby repealed to the extent of such inconsistency.
Section 3. If any Section, paragraph, subparagraph, clause or provision of this Ordinance shall be adjudged invalid, such adjudication shall apply only to the specific Section, paragraph, subparagraph, clause or provision so adjudged and the remainder of the Ordinance shall be deemed valid and effective.
Section 4. This Ordinance shall take effect upon final passage and publications in accordance with the laws of the State of New Jersey.
SECTION 5. Codification. This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
STATEMENT
This Ordinance amends, Title 23, Chapter 5, Parking, Stopping and Standing, Generally, by adding thereto Section 5-9 Parking of Vehicles on Yard Frontage, of the Revised General Ordinances of the City of Newark, New Jersey, 2000, as amended and supplemented.