Page 10 THE VILLADOM TIMES I • May 5, 2010
Franklin Lakes
Council sets fee for anyone tampering with gates
by Frank J. McMahon The Franklin Lakes Borough Council has passed a resolution that the gates at the emergency roadways connecting Surrey Lane and the Borough of Oakland, and a second roadway connecting Iron Latch Road to Ridgeview Way, should be maintained in a closed position, but not locked, and that a sign should be placed on each of those gates warning that those who tamper with the gates will be prosecuted. According to the resolution, the sign will read, “This gate is the property of the Borough of Franklin Lakes. Any unauthorized personnel opening, locking, or tampering with this gate will be prosecuted to the fullest extent of the law.” The resolution was passed after the council adopted an ordinance that will restrict the use of those access roads to emergency vehicles. Emergency vehicles are those used by the police and fire department, ambulances, department of public works vehicles, and vehicles used by members of the fire department and ambulance corps who are responding to an emergency. According to that ordinance, however, any resident who has a driveway that exits on one of those access roads will be permitted to use it, while others who violate the ordinance will, upon conviction, have to pay a fine of not more than $200. Before the ordinance was adopted, Councilman Steven Marcus objected to the level of the fine that can be imposed for violating the ordinance. He had previously recommended a higher fine and he criticized the $200 fine level as not sufficient to make residents obey the ordinance. “I wanted $500,” Marcus said, “I wanted something meaningful -- not that $200 is not meaningful, but it isn’t as meaningful as $500.” He noted that he was away for the meeting when the emergency vehicle ordinance was introduced, but he said he had strongly recommended the higher fine be left in the ordinance with the potential for any judge to propose any level of fine. “I think it makes a weak statement to the residents after I went out on a limb for weeks looking for a substantially higher fine,” Marcus told the council. Councilmen Frank Bivona and William Smith expressed some confusion about Marcus’ fine suggestion and how the $200 fine was determined, but Franklin Lakes Borough Administrator Gregory Hart pointed out that the $200 fine is four times as high as the fines imposed by the borough’s vehicle and traffic ordinance. Smith also said the resolution he was recommending to close the gates with signs describing the penalty for tampering with those gates would also send a message to residents although maybe not as strong as Marcus’s fine suggestion. Franklin Lakes Borough Attorney Richard Lustgarten advised Marcus that a change in the fine level would be substantive and the ordinance would have to be reintroduced if it is revised in that manner. Marcus said he would support the ordinance because he did not want to hold up its adoption, but he strongly recommended that the council review the fine level at a future date. The council unanimously adopted the ordinance limiting the two roadways to emergency vehicles only and then passed Smith’s resolution, with only Marcus voting against it, that states the governing body’s conclusion that in order to prevent the use of these roadways by non-emergency vehicles, it is necessary to have a gate in the roadway and also important that emergency vehicles not be unduly delayed when using these roadways. The resolution further states that the governing body believes that unlocked gates with an appropriate warning notice will prevent the majority of non-emergency vehicles from using these roadways and allow emergency vehicles access without undue delay. The governing body intends to continue to explore alternative gates that would provide an adequate physical barrier to nonemergency vehicles, but which could not be locked.
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