title
RESOLUTION ESTABLISHING A POLICY TO PROHIBIT PARKING ON COUNTY ROADS, IN COUNTY PARKS, AND ON COUNTY PROPERTY UPON A DECLARATION OF EMERGENCY, PURSUANT TO N.J.S.A. 39:4-201
body
WHEREAS, the County of Passaic (hereafter “County”) is a body politic and corporate pursuant to N.J.S.A. 40:18-1 and vested with all rights contained therein; and
WHEREAS, pursuant to N.J.S.A. 40:20-1 the Board of County Commissioners of the County of Passaic (hereafter “Board”) is vested with managing the property, finances, and affairs of the County; and
WHEREAS, pursuant to N.J.S.A. 39:4-201, the County is permitted to establish policies by resolution for the supervision and regulation of County roads, subject to the limitations under N.J.S.A. 39:4-197; and
WHEREAS, pursuant to N.J.S.A. 39:4-197(f), the County is permitted to regulate the parking of vehicles on streets and portions thereof; and
WHEREAS, pursuant to N.J.S.A. 39:4-198, any such parking policy is only effective upon placement of a sign prohibiting parking at a designated location; and
WHEREAS, the Office of Emergency Management desires to establish a policy prohibiting parking on County roads upon a Declaration of Emergency, and the Office of Emergency Management is recommending the following policy:
A. Declaration of Emergency; Parking Prohibited. Notwithstanding any provision of the New Jersey Civilian Defense and Disaster Control Act, the Passaic County Sheriff, the Passaic County OEM Coordinator, or their authorized designees are hereby authorized and empowered to declare an emergency and to direct the posting of temporary emergency no-parking signs when events or conditions such as weather, accidents, fires, or public celebrations dictate or otherwise require the avoidance of hazards that interfere with the safe and proper regulation of traffic and general public safety. Upon declaration of an emergency pursuant to this policy, there shall be no parking upon public roads or portions of public roads where temporary emergency no-parking signs have been erected, and there shall be no parking within County parks or on County property where temporary emergency no-parking signs have been erected.
B. Notification. The posting of temporary emergency no-parking signs shall be completed within forty-eight (48) hours, and the posting of said signage shall be deemed reasonable notification to owners or operators of vehicles parked within the location(s) of the emergent condition.
C. Nuisance. Any unoccupied vehicle parked or standing in violation of this policy shall be deemed a nuisance and hazard, and any law enforcement officer may provide for the removal of said vehicle. The owner of the vehicle shall pay the reasonable costs for the removal and storage of said vehicle as set forth under the towing contractor’s established rates by contract with the County.
D. Penalties. Unless another penalty is expressly provided for by New Jersey statute, any person violating a provision(s) of this policy shall, upon conviction thereof, be subject to a fine of fifty dollars ($50.00), notwithstanding any costs associated with the removal of the vehicle pursuant to § 130-9C.
E. Effectiveness. The effectiveness of this policy is contingent upon the signs being erected as required by law pursuant to N.J.S.A. 39:4-198; and
WHEREAS, this matter was discussed at the June 16, 2026 meeting of the Law & Public Safety Committee and is being recommended to the Board for approval.
NOW, THEREFORE, LET IT BE RESOLVED, pursuant to N.J.S.A. 39:4-201, that the Passaic County Board of County Commissioners hereby establishes the foregoing policy to prohibit parking on County roads upon a Declaration of Emergency, as recommended by the Office of Emergency Management.
LET IT BE FURTHER RESOLVED, that the Clerk to the Board, Passaic County Sheriff, the OEM Coordinator, County Counsel, and the Director of the Board are authorized to take any other steps necessary to carry out the purpose of this Resolution.
KJB June 23, 2026