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AN ORDINANCE AMENDING TITLE XXIII (TRAFFIC), CHAPTER 5 (PARKING, STOPPING AND STANDING, GENERALLY), ARTICLE 3.2 OF THE NEWARK CITY CODE TO BROADEN THE DEFINITION OF "COMMERCIAL VEHICLE" AND TO REGULATE THE PARKING OF CONSTRUCTION-RELATED VEHICLES IN RESIDENTIAL DISTRICTS.
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WHEREAS, the City of Newark has a compelling interest in preserving the residential character of its neighborhoods and ensuring the safety, health, and quality of life of its residents; and
WHEREAS, the current definition of "commercial vehicle" set forth in Article 3.2 of Chapter 5, Title XXIII of the Newark City Code does not adequately capture the full range of vehicles used for commercial, construction, or business purposes that are regularly parked in residential districts overnight; and
WHEREAS, the City has observed an increasing number of vehicles used in connection with construction, contracting, and trade work - including vans, pickup trucks, and utility vehicles bearing ladder racks, construction equipment, tools, markings, signage, or commercial lettering - being parked overnight in residential zones, which vehicles are not registered as commercial vehicles with the New Jersey Motor Vehicle Commission but nonetheless are used primarily for commercial or construction purposes; and
WHEREAS, the nighttime parking of such construction-related and commercially-used vehicles in residential districts creates adverse impacts including excessive noise associated with early morning departures, visual blight, obstruction of roadways and sightlines, and the overall degradation of residential neighborhood character; and
WHEREAS, the display of ladder racks, mounted construction equipment, commercial tools, advertising, trade lettering, or other identifying markings on a vehicle is a reliable indicator that such vehicle is used for commercial or construction purposes, irrespective of the registration classification issued by the State of New Jersey; and
WHEREAS, other municipalities in the State of New Jersey have enacted similar ordinances regulating the overnight parking of commercially-used vehicles in residential zones, and such ordinances have been upheld as a valid exercise of the municipal police power; and
WHEREAS, it is the intent of the City Council of the City of Newark to close existing regulatory gaps by broadening the definition of "commercial vehicle" to include vehicles used for commercial or construction purposes regardless of their registration classification, so as to encompass all vehicles that by their appearance, markings, equipment, or use are associated with a commercial, trade, or construction enterprise; and
WHEREAS, the City Council of the City of Newark finds that this Ordinance is necessary for the preservation of the public peace, health, safety, and welfare of the residents of the City of Newark;
NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Newark, County of Essex, State of New Jersey, as follows:
Note: Additions are shown as underlined and bold. Deletions are strikethroughs.
SECTION 1. AUTHORITY AND PURPOSE
This Ordinance is enacted pursuant to N.J.S.A. 40:48-1 et seq., N.J.S.A. 39:4-197 et seq., and all other applicable provisions of law authorizing municipalities to regulate traffic, parking, and the use of public streets and residential areas. The purpose of this Ordinance is to amend Article 3.2 of Chapter 5, Title XXIII of the Newark City Code to broaden the definition of "commercial vehicle" and to strengthen enforcement against the overnight parking of construction-related and commercially-used vehicles in residential districts.
SECTION 2. AMENDMENT TO SECTION 3.2 - COMMERCIAL VEHICLE DEFINITION
Article 3.2 of Chapter 5 (Parking, Stopping and Standing, Generally) of Title XXIII (Traffic) of the Newark City Code is hereby amended and restated in its entirety as follows:
§ 3.2 Parking Prohibited Between 11:00 p.m. and 5:00 a.m. for Commercial Vehicles.
a. Pursuant to Newark City Code Title 41, Zoning and Land Use Regulations, Chapter 7, Off-Street Parking and Loading, the garaging, storing, or parking of commercial vehicles on any properties within the boundaries of any residential district is prohibited.
b. No person shall park any commercial vehicle on any street in the City between the hours of 11:00 p.m. and 5:00 a.m. The term "commercial vehicle" as used in this Section shall refer to every type of motor-driven vehicle used for commercial purposes on the roadways, such as the transportation of goods, wares and merchandise, and any trailer or other wheeled vehicle, whether motorized or not, which is designed to be transported, carried or towed by a motorized vehicle.
c. Nothing within this Section shall be construed as preventing the following commercial vehicles from parking during such hours.
c. Definition of "Commercial Vehicle."
For purposes of this Section, the term "commercial vehicle" shall mean and include any of the following:
(1) General Definition. Every motor-driven vehicle used for commercial purposes on the roadways, including but not limited to the transportation of goods, wares, merchandise, equipment, materials, or persons for hire, compensation, or profit; and any trailer or other wheeled vehicle, whether motorized or not, designed to be transported, carried, or towed by a motorized vehicle in furtherance of any commercial or business purpose.
(2) Vans and Cargo Vehicles. Any van, including but not limited to sprinter vans, transit vans, full-size cargo vans, and panel vans, used for any commercial, trade, or business purpose, regardless of whether such vehicle bears commercial, passenger, or any other registration plates issued by the New Jersey Motor Vehicle Commission or any other state.
(3) Construction and Trade Vehicles. Any motor vehicle that displays or contains any indication of construction, contracting, landscaping, plumbing, electrical, mechanical, or other trade purpose, including but not limited to: (i) ladder racks, pipe racks, or roof-mounted storage systems; (ii) construction tools, trade equipment, or building materials stored in or on the vehicle; (iii) lettering, decals, signage, markings, or advertising identifying any business, trade, contractor, or commercial enterprise; (iv) any mounted equipment associated with a skilled trade or construction activity; or (v) any indication of use for transporting workers, passengers, or laborers in connection with any commercial or construction activity.
(4) Vehicles Used in Interstate or Intrastate Commerce. Any motor vehicle used for commercial purposes in interstate or intrastate commerce, for the transportation of property, goods, wares, merchandise, or for the transportation of persons for hire, compensation, or profit.
(5) Prima Facie Evidence - Registration Plates. The display of commercial, omnibus, or constructor registration plates on any motor vehicle shall, for the purposes of this Section, be prima facie evidence that the vehicle is a commercial vehicle. However, the absence of commercial registration plates shall not be determinative, and a vehicle may be deemed a commercial vehicle based on any of the other criteria set forth in this definition.
(6) Prima Facie Evidence - Visual Markings. Any motor vehicle which, by reason of a characteristic color, marking, lettering, decal, or other commercially identifying matter exceeding one (1) square foot in area, is identified with or commonly associated with any business, trade, industry, or public agency shall be considered a commercial vehicle within the terms of this Section.
(7) NJ MVC Registered Commercial Vehicles. Any type of vehicle registered as a commercial vehicle with the New Jersey Motor Vehicle Commission, including but not limited to vehicles used to transport persons or property for compensation or used in furtherance of and/or performance of a specific job or work function. This definition shall include any vehicle bearing advertisements or commercially related printed matter thereon.
(8) Commercially Registered Motor Vehicles. Any motor vehicle registered commercially or used for profit which is required by law, if used on the highways, to bear any license plate other than that issued for passenger car use under applicable state laws; excluding, however, any passenger automobile not for hire, used and designed for the transportation of fewer than ten (10) passengers.
(9) Exclusion. This definition shall not include vehicles used solely for private or personal transportation that do not display any commercial markings, registration, equipment, or other indication of commercial use.
d. Trucks used by public utility companies in connection with construction, installation, operation or maintenance of public utility facilities.
d. Nothing within this Section shall be construed as preventing the following commercial vehicles from parking during the prohibited hours:
(1) Trucks used by public utility companies in connection with the construction, installation, operation, or maintenance of public utility facilities.
(2) Emergency vehicles as defined under applicable State law.
(3) Any vehicle used in connection with an emergency repair or service call, provided that such vehicle departs the residential street within a reasonable time upon completion of the emergency service.
e. The fine for violation of this Section shall be a minimum of $1,000 but not to exceed $3,000.
e. Enforcement. The Police Division of the City of Newark and any other law enforcement officer or duly authorized City official shall be empowered to enforce the provisions of this Section. An officer may determine a vehicle to be a "commercial vehicle" based on a totality of visual indicators, including but not limited to the criteria set forth in subsection (c) above, without regard to the vehicle's registration classification.
f. Penalties. The following penalties shall apply to any violation of this Section:
(1) Monetary Fines. The fine for any violation of this Section shall be a minimum of One Thousand ($1,000.00) but shall not exceed Two Thousand Dollars ($2,000.00) per violation. In addition, or in the alternative, the court may impose a period of community service or imprisonment not exceeding ninety (90) days. Each day that a violation continues shall constitute a separate and distinct offense.
(2) Impoundment. In addition to the monetary fine set forth in subsection (f)(1) above, any commercial vehicle parked in violation of this Section may be towed and impounded by or at the direction of a law enforcement officer or duly authorized City official. The cost of towing and all storage fees associated with the impoundment of such vehicle shall be the sole responsibility of the registered owner and shall be paid in full prior to release of the vehicle from impoundment. No vehicle shall be released from impoundment until all outstanding fines, towing charges, and storage fees have been satisfied. Storage fees shall accrue at the rate established by the City’s authorized towing contractor(s) for each calendar day or part thereof that the vehicle remains in storage.
(3) Repeat Violations. Any registered owner whose vehicle is found in violation of this Section on two (2) or more occasions within any twelve (12) month period shall be subject to mandatory impoundment upon each subsequent violation, in addition to the maximum monetary fine of Three Thousand Dollars ($3,000.00) per occurrence.
(4) Owner Liability. The registered owner of a commercial vehicle found in violation of this Section shall be liable for all fines, penalties, towing costs, and storage fees associated with such violation, regardless of whether the registered owner was the operator of the vehicle at the time of the violation. This provision shall not preclude the City from also pursuing a summons against the operator of the vehicle.
SECTION 3. SEVERABILITY
If any section, subsection, paragraph, clause, or provision of this Ordinance shall be adjudged invalid by a court of competent jurisdiction, such adjudication shall apply only to the section, subsection, paragraph, clause, or provision so adjudged, and the remainder of this Ordinance shall be deemed valid and effective.
SECTION 4. REPEALER
All prior ordinances or parts thereof of the City of Newark inconsistent or in conflict with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 5. EFFECTIVE DATE
This Ordinance shall take effect upon final passage and publication as required by law.
SECTION 6. 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 Article 3.2 of Chapter 5, Title XXIII of the Newark City Code to broaden the definition of "commercial vehicle" and to strengthen enforcement against the overnight parking of construction-related and commercially-used vehicles in residential districts.