Sponsored by:

Senator CHRISTOPHER "KIP" BATEMAN

District 16 (Hunterdon, Mercer, Middlesex and Somerset)

Senator ANTHONY R. BUCCO

District 25 (Morris and Somerset)

SYNOPSIS

Grants law enforcement agencies authority to order road closures; increases penalty for violations.

CURRENT VERSION OF TEXT

Introduced Pending Technical Review by Legislative Counsel

An Act concerning road closures and amending P.L.1981, c.229.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.1981, c.229 (C.39:4-94.2) is amended to read as follows:

1. Whenever by order of the Commissioner of the Department of Transportation, a State highway, or by resolution of a county governing body, a county public road, or by appropriate action of the governing body of a municipality, a municipal street or road, or by order of any law enforcement agency, any public roadway is declared closed to traffic for any lawful purpose, and a notice of the closing has been posted at the beginning and ending points of the closed section of the highway, road, or street, and a barricade erected at those points, any person who without the permission of the commissioner or governing body of the county, [or] municipality, or law enforcement agency, as the case may be:

a. Mutilates or removes the notice, or damages, destroys or removes any warning sign or signal, or removes the barricade placed or posted by the commissioner or county or municipal governing body or law enforcement agency, at any point along the highway, road or street in connection with or relating to the closed portion thereof; or

b. Drives a vehicle over or upon the closed section of the highway, road or street which he knows or should have reason to know has been closed to traffic; or

c. Violates any rule or regulation for the use of the highway, road or street duly made by the commissioner or county or municipal governing body or law enforcement agency, as authorized by law, he shall be subject to a fine of [not more than $100.00] $250.

d. In addition to any other penalties imposed by this section, the court may assess against the defendant the value of any services provided and any costs or expenses incurred by a public body arising from or associated with a violation of this section.

(cf: P.L.1981, c.229, s.1)

2. This act shall take effect immediately.

STATEMENT

This bill would authorize law enforcement agencies to close roadways to traffic, increase the penalty for a violation, and authorize courts to assess costs against a defendant which resulted from a violation of the road closure.

Under current law State highways may be ordered closed by the Commissioner of the Department of Transportation; county public roads may be ordered closed by a county governing body; and, municipal streets or roads may be ordered closed by municipal governing bodies. During emergency situations when roadways require closure to prevent imminent harm to the public, State and local governing authorities may not be able to act as quickly as necessary to order the closures. This amendment would amend N.J.S.A. 39:4-94.2 to extend this authority to law enforcement agencies which have the capacity to act more swiftly in emergent situations.

This bill would raise the penalty assessed for a violation of this section. Under current law the fine may not be more than $100. As amended by this bill, the fine would be $250. In addition the bill would grant courts authority to assess costs to defendants which arose from or were associated with a violation of this section.