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10-157
Agenda No. 3.Q 1st Reading
ORDINANCE
OF
JERSEY CITY, N.J.
COUNCIL AS A WHOLE
offered and moved adoption of the following ordinance:
WHEREAS, the Jersey City Incinerator Authority (JCIA) was created by an ordinace of the City
of Jersey City (the "City") pursuant to the New Jersey Incinerator Authorities Law, N.J.S .A. 40:66A-
1, et seq.; and
WHEREAS, the Jersey City Deparment of Public Works (DPW) was also created by ordinance of
the City, specifically, Chapter 3, Aricle ix ofthe Jersey City Municipal Code; and
WHEREAS, the Divisions of Architecture and Engineering are presently under the Deparment of
Public Works, specifically, Chapter 3, Aricle IX of the Jersey City Municipal Code; and
WHREAS, the CÍty has conducted extensive research and engaged in significant discussion
concerng the possible consolidation of the JCIA and the DPW and determined that such
consolidation would result in significant cost savings to the City and markedly increased effciency
of City servces and fuctions; and
WHREAS, one exception to the consolidation would be the Divisions of Architecture and
Engineering, which divisions should be transferred from the Deparent of Public Works to the
Deparent of Administration; and
WHREAS, the City and the JCIA are paries to an operating agreement known as the Amended
and Restated Operating and License Agreement dated April i, 1996 (the "i;greement") which sets
forth the varous fuctions of the JClAin the City; and
WHREAS, in order to consolidate the JCIA and the DPW, the City must eliminate the DPW,
except the Divisions of Architectue and Engineering, and transfer the fuctions of DPW to the
JCIA byway of an amendment to the April 1, 1996 Agreement; and
WHREAS, the Agreement authorized by this Ordinance shall be subject to the anual
appropriation of fuds in either the temporar or final budget adopted by the City in accordace with
N.J.S.A 40:66A~I, et seq.
NOW, THEREFORE, BE IT ORDAIED, by the City Council of the City of Jersey City, that:
Continuation of City Ordinance 10-157 , page 2
ADMINISTRATION OF GOVERNMENl;
ARTICLE VI
Department of Admin.istration
il provide for the structural maintenance, repair and alteration ôf all public
buildings and parks owned or operated by the City of Jersey City.
W establish standards and procedures for the control, use and care of all
city-owned equipment. matenals and supplies in the custody of the Division.
úU supervise the performance of all contracts for public works related capital
improvement projects and certify the amounts due and payable thereunder.
W be responsible for grant coordination and control and preparation of all plans
and specifications for public works and capita improvements.
il Enforce the following section of the City Code and issue sumonses for violation
of this section:
B. Engineering functions.
il Be responsible for grant coordination and control and preparation of all plans and
specifications for public works and capital improvements, including; those fuded
under NJDOT administered grants (undertaken by the City.
il Supervise the performance of all contractsfor public works and transporttion related
capital improvement projects and certify the amounts due and payable thereunder.
il Provide and maintain sureys, maps, specifications and operating records with
respect to all propert, works and facilities under the jursdiction of the Division.
il Establish standards and procedures for the control, use and care of all city-owned
equipment materials and supplies in the custody of the division.
il Provide, supervise and coordinate engineering and techncal activities and services
of all deparments.
. (Q Perform or supervise land surveys of public land and rights-of-way and maintain the
offcial ta assessment maps for the City.
il Enforce the following sections ofthe City Code and issue suronsesfor violation
of these sections:
en The Muncipal Engineer shall have. plenar authority and control .. over
transporttion-related capital improvement projects and the coordination and control
over NJDOT administered grants and aid for capita constrction.
il Administer and enforce Chapter 332, Vehicles and Trafc, and such other provisions
il Assure that all signs conform to federal, state, county and Local laws, rules and
regulations governng trafc signs, markig or pavements-and related markigs for
such puroses. Ail traffc control devices shall conform, insofar as practicable, with .
the stadards set fort in the Manual of Uniform Traffc Control Devices for Streets
and Highways, United States Deparent of Transporttion, Federal Highway
Administration. .
il Desiiiate the location and design of highway Íighting devices, poles and fixtues and
the tye and intensity ofilhimination for streets and ways.
Côntinuatlönôf City Ordinance 10-157 , page
4
il Collect and compile traffic data and prepare engineenng studies and surveys in
regard to vehiCular and pedestrian traffic.
il Establish parking meter zones and determine the design, type, size, location and use
of parking meters.
il Make and promulgate regulations designating curb loading zones, tai stands and bus
stops pursuant to NJ.S.A 39:4-197(3)b.
00 Maintain a suitable system of filing traffc accident reports and prepare an anual
traffc report, which report shall contai the following information: the number of
traffc accidents; number of persons killed; number of persons injured; and other
similar pertinent traffic accident data.
(2 Plan the operation and movement oftraffic on the streets and highways ofthe .city.
il Establish rules and regulations governing the use if public highways by vehicles and
pedestrians within the limits established by state law and Chapter 332, Vehicles and
Traffic, of the Jersey City Code, including, butnot to the exclusion of other
regulatoiy powers conferred, the instalation of traffc control devices, designations
of through streets and stop streets, of curb parking zones and the maner of their use,
including areas for the installation of parking meters, designation of public carer
stads and areas for the installation of parking meters, designation of public carier
stads and stops, curb loading zones, crosswalks, safety zones and streets at which
drivers shall not make right or ieft tus, speed-of vehicles and time of loading and
unoading. .
.Q Review all requests for street openings and public utility work plans which in any
way would affect traffc withn the City of Jersey City, issue street opening permits
to muncipal and utility excavators, establish rules and regulations govenung
constrction and maitenimce work zones on public rights-of-way and assure that
such zones conform to established stadards for the protection of traffc and
pedestrans and review ard approve all curb cuts on the muncipal right-of-way.
(i conditions. '
Cooperate with other city offcials in the development of ways to improve trfic
ll Provide by regulation for the closing of any street or portion thereof to motor vehicle
trc on any ways whenever such closing is necessar for the preservation of the
public safety, health and welfare: said regulations shall be promulgated in accordance
with N.J.S.A 40:67-16.7 and 40:67-16.9.
(i The Division of Engieerig, Trac and Transportion shalL concurently. with the
Deparent of Police and the Jersey City Parking Authority enforce all laws and
reguations reguating the parking of vehicles:
ADMINISTRATION OF GOVERNENT
ARICLE IX
A. . Division of Aielnteetme.
B. Division ofEtigineeriiig, Traffe and Traiisportaion.
(bi pro~ide fur the stItetmal maintenance, repair and alteration of åll ptlblic
btlildings and parks owned or operated by the City ofJersey City.
(c) estalish staridards and procedmes foi the control, use arid care. of all
city -0 wned equipment, mati ials arid supplies in the custody of the Hi vision.
(d) super vise the peifunnarice of all contracts fui public woiks ielated capital
. impiovemeiit piojects an certify the arnouiits due an payable theremidei.
(e) provide foi th pieparation of plais and specificatioiis foi the
construction-iepaii, alteiation arid demolitioii of all City btlilding arid
structmes.
(f) set staridards fui the constiuction, reconstruction arid inaintenariee of all
facilities in aidfor on public lands.
(g) be responsible roi grant coordination arid control and preparation of all plaris
an specifications ror ptilic works arid capital iniprovements.
(2) Eririce th following section of the City Code and isstle summonses ror violation
of this section.
(a) Chapter 134. Contactors
§ 3-68.1. - Bit ision of Engineei ing, Ti affic and Ti anspOi tation.
A. Creation of th Division of Eiigineetiiig, Tiaffic arid Trarisporttiori. Diiectoi. There is
hereby created within the Deparment of Public 'Norks aDi visioii ofEngineeiing. Tiafc ai
Timisportation, th Diiectoi of which shaH be the Miinicipal Eiigineer-Prior to appoiiitiieiit,
th Mtmcipal Engineer shall hold a dcgiee in eiiginccting from a rccognized school oi
collcge ofengineeriiig mid shall be qiilified by fttlier tiaiiiing and expeiience ofat least ten
(10) years in responsible mmiicipal engineeting. The Mmiicipal Engineer shall also be
licensed by tiie State of New Jersey mid shall comply vvithN.J.S.A. 45.8-1 et seq., governirig
th licensirig an practice of professional engineers mid all other applicable laws.
D.. Engineernig ftietions.
(1) De responsible for grant cooidination and eoiitrol and preparation of all plans and
specifications foi public works mi capital inipro vcniiits, iiieliiding those ftided
tmder NJDOT adminsteed giais (tderakn by th City). '
(2) . Super ~ ise tiie pei fonnance of all conti acs roi ptilic w oi ks mid ti aiisportion related
capital iniproveierit projects an certify the miiomits diie an payable thremidei.
(3) Pro~ide an maIitin smv"s, maps, spccifications an opcrating records Witii
respect to all property, works mid facilities mider thejmisdiction of tiie Di~ision.
(4) Establish stadards mid procedtles for tiie coiitol, iise and cmc of all city-owned
'. eqiiipnint, matials mid supplies in tile custody oftiie division.
(5) Provide, super vise mid coordinate enginceting and teelcal acti~ities an scr ~ices
of all departiiients.
(6) Perfoiii or super ~ise lmrd sm veys oTpublic Imid an tighs-of-way and maintin tiie
official ta assessmei maps roI tiie City.
of tilese sections. .
(7) Eii:orce th rollowing sections ofthc City Cock an issuc sttonscs ror ~iolation
(8) The :M:tmicipal Eniiccr shall ha~ c tile atiotity mid diiies as pro'\ ided by tiie Jerscy
City Mtmcipal Code. .
(9) Tile. Mtmeipal Eiigiiecr shall have plenar atlt1iotity an eoiitol over
tiansportion-related capita iniro v enient 1'1 ojects arid th coor dinatioii arid control
Ovci NJDOT administered gimits mid aid fur capital constitlction.
C. Tiafc mid Timisortaion fìctions.
(1) Adiniiiister mid Úiforcc Cliapte 332,Vcliieles mid Tiaffc, mid such other pro visions
Continuatiòn of City Ordinance 10-157 , page 7
of the Jersey City Code relating to tiaffie, transportation and traffie engineering,
except as otherwise provided by federal, state, county or locallavvs.
(2) Assure that all signs conform to federal, state, county and Local laws, rules and
iegulations governing traffc signs, mat king or pavements-atId related niaikings for
such purposes. All tiaffic contiol devices shall conform, insofai as practicable, with
the stadatds set forth in the Matmal ofUnifonn Traffic Control Devices for Stieets
atid IIghMrys, United States Departmeit of Tratrsportation, Federal Highway
Administr ation.
(3) Designate the location atId design of highway lighting de vices, poles an fixtures atid
the type atid intensity of illuniination fm stieets and ways.
(4) Collect atId, compile traffic data and prepate engineering studies atId sur veys in
iegatd.to vehculat and pedestrian trafc.
(5) Establish patking meter zones atid determine the design, type, size, location and use
of pat king rtieters.
(6) Mak atid promulgate regulations designating curb loading zones, taxi stads and bus
stops pursuait to l'U.S.A. 39.4-197(3)b.
(7) Conduct studies of the câtses of accidents and determine remedial measuies to
prevent their future occurrence.
(8) Maintain a suitable system of filing trafc accident reports and prepate atr atnmal
traffic report, "vhich report shall contain the following information. the nuroei of
traffic accidents, nmnber of persons killed, number of persons injured, atid other
similat pertinerrt tr affic acciderrt data.
(9) Plan the operation aid movement of traffic on th streets atrd highways of the city.
(10) Establish rules aid regulations go v er ning the use ifpublic high way s by vehieles an
pedestrians within the limits estalished by stae law and Chapter 332, Veheles an
Tiaffic,of th Jersey City Code, including, but not to the exclusion of other
regulatory powers confened, the installation of traffic control deviees, designations
oftlougli stieets atid stop streets, of curb pat king zones an the matnrer oftheii use,
including ateas for the installation of pat king meters, designation of public catrier
staIds and ateas for the installation of pat king meters, designation ofpttlic cattier
stards and stops, cmb loading zones, erosswalks, safety zones and streets at which
urùoading. .
d1i"ers shall not Inake riglrtor left tmns, speed of vehicles atId time ofloadiiig atid
(11) Review all reqnests for street opeiiings atId public tIility work plans which iriar
way would affect traffic withn the City ofJersey City, issue street opening permits
to mcmcipal atrd atilityexcavaLrs, establish rules atId iegulatons gOverniig
construction atId maiirtatree work zorres on public riglrts-of-way an assure that
sneh zorres conform. to establislred statidds for tire protection of traffic atid
pedestriatrs atId review atid approve all curb cuts on tlre muriicipal righ~of-way.
corIditions. .
(12) Cooperate with other city officials in the developmerrt of ways to iniprove traffic
(14) Pro vide by regulation for tire closing ofany street or portion tlrereofto motor veliicle
traffic on atry ways whenvcr such closing is neeessaty for the pieser vation df tlre
pnhlic safty, lrealtli an welfaie. said regulations shall be pioiimlgated in accordatree
with N.J.S.A. 40.67-16.7 and 40.67-16.9. .
(d) \Vitliin IlOStOppiiig atId no staning zorres whee signs iiIdieat the existerree
for such zones.
Continuation of City Ordinance 10-157 , page 8
zo
(e) In a bns stop or in a taxi sta zone where signs indieate the existenee ofsneh
(1) Soper vise th work done in aH eity garages or by contiact fur th storage, repair an
niaintciiariee of city-o wiled vchicles.
(2) , Operate a garage or garages for tiie storage, sei'iicing, repair and maintenane of all
city-owned motor vehicles. '
(3) Maintain iiidi vidnal vehicle records of mileage, costs of operation artd mairitenariee
and ieplacement sehdtes an charge all Snel costs to tiie nsing deparent midr
appropriate regnlations by the'Bnsiness Adinillistrator.
~~~~ ,
(4) Operat a motor pool consisting of all motor' vehicles, eqnipment arid apparatns of
th city ,and allocate tiie nse of motor vehiclcs, eqnipinerit artd appar atns to the
departments of th eIty:
(5) Operate artd maintain ~onmtmiieation eqnipment an snper vise radio iepaii work
(1) Under tiie snpei vision arid direction of th Directr ofPub1ie Works, tiie Di~ ision of
Bnildiiigs and Stieet Maiittenariee shalL.
(a) Install and ntaintan tiaffie signals arid otiiei tiaffie eoritr01 deviees.
(b) Theet baiiiers, iopes, lins, tiaffe eoiies arid starieions I'hcnlieeessar to
eontol oi regnlate traffie eieigeiieies, parades, eiowdsand gathrings.
(e) Consti oet, install, maitani aid iepair all tiaffic signs arid traffie marlciigs by
all departmeiits.
(d) Provide foi th iepaii an maiitnartee of all pnblie streets.
(2) Establish staidds aridpioeedmes foi tlie eontiol, ose arid eare of all eIty-o\'ned
eqnmeltt, matrials arid snpplies in tlie eostody of th Division.
(3) Snpei vise tiie peifoiniariee of all eontiacts for pnblie works ielatd eapital
nnprovemerìt pröjeets arid eertify the antonns due an payable tiieremidei.
(4) PrOvide for tiie pieparation of plans ar speeifieatioll foi th eonstinetion,iepai,
a1teiation arid demolitiott of all City btildiiigs artd sti oetes.
(5) Set staidards foi th eOllsti netiöll, ieeonsti netiön and mainae of all facilities in
aridfr on pttlie -larids arid iights-óf- way.
Continuation of City Ordinance 10-157 . page 9
(6) Provideror etlstodial ser vices for all ptlblic btlildings oI'lred and opeiated by the City
ofJersey City.
(7) Sectle aban~ned properties.
§ 3-71.1. - Dil'ision of Par k Maintenance.
A. Creation ofthe Di"ision of Park Maintenance, Directoi ofPalk Maintenairee in chaige, There
is hereby ereated l'ithn th Deparment ofPttlic Woiks a Division ofPaik Maintenaiice,
the Director of I'hieh shall be the Directoi ofPaik Maintenaiice.
(1) Di vision ofPaik Maintenaiice, fmretions. Under tire directiori aiid stlperv ision ofthe
Directoi ofPtlblic Works, the Division ofPaik Mainterraireeshall.
(a) be responsible ror plainiing and maïlrtining all facilities ror recreational
pm poses 0&1 ed by th City, I'hieh ineltlde paiks, play gi otlnds, gieen space,
sitting aieas an indoor recreational facilities.
(b) _ Be responsible foi the iiniiiistration ofthe Clean Coimntlnities Progiain.
(3) Chapter 287 (Solid Waste), Aricle I (Storage, Collection and Disposal), section(s).
(a) Section 287-4 (Accmietation ofrefnse aid noxious plartts on vacartt lots),
(b) Sectión 287-9 (Accmncation ofrefase arid swil),
Ca) Section 173-3 (Sale ofett flowers prohibited withott proper iefiigeration).
(6) Chapte 245 (peddling, Solieitin and Cariv assing), Arcle I (Licensin of Peddlers),
seetion(s) .
D. The Mayor and/or Business Administrator are hereby authorized to execute an Amended and
Restated Operating and License Agreement with the JCIA which shall set forth the additional
functions to be undertaken by the new consolidated JCIA entity, which shall include, but not
be limited to, those dutie.s previously performed by the Deparent of Public Works, and
delineated in Chapter 3, Aricle ix, Sections 66-71.2 of the Jersey City Municipal Code.
E. All ordinances or portions of ordinances which are inconsistent with this Ordinance shall be
repealed as to their inconsistencies only.
F. If any provision or paragraph of this Ordinance shall be held invalid by any court of.
competent jursdiction, the other provisions or paragraphs of this Ordinance shall not be
affected, except so far as the provision or paragraph declared invalid shall be inseparable
from the rernainder or any portion thereof. .
G. This ordinance shall take effect at the time and in the maner as provided by law but not
before as required, (I) approval for the consolidation plan is received from the New Jersey
Civif Service Commission, or another entity of the State of New Jersey and (2) an Amended
and Restated Operating License Agreement is approved and executed by the City Council
and Board of Commissioners of the .Jersey City Incinerator Authority.
H. The City Clerk shall have this ordinance codified and incorporated in the official copies of
the Jersey City Code.
1. . This ordinance shall take effect at the time and in the maner as provided by law.
J. The City Clerk and the Corporation Counsel may change any chapter numbers, aricle
numbers and section numbers if codification of this ordinance reveals a conflct between
those numbers and the existing code, in order to avoid confsion and possible accidental
repealers of existing provisions.
Note: All new material is underlined; words in (brackets) are omitted. For purposes of
advertising only, new matter is boldface and repealed matter by italics.
JM/he
11/04/10
APPROVED:
Corpration Counsel Busines Administrtor
Certification Required 0
Not Required 0