Bill Text: NJ A352 | 2020-2021 | Regular Session | Introduced
Bill Title: "Drew's Law"; establishes 15 miles per hour speed limit in or near certain public parks.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2020-01-14 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A352 Detail]
Download: New_Jersey-2020-A352-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
"Drew's Law"; establishes 15 miles per hour speed limit in or near certain public parks.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning speed limits in or near certain public parks, designated as Drew's Law, and amending R.S.39:4-98 and R.S.39:4-104.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-98 is amended to read as follows:
39:4-98. Rates of speed. Subject to the provisions of R.S.39:4-96 and R.S.39:4-97 and except in those instances where a lower speed is specified in this chapter, it shall be prima facie lawful for the driver of a vehicle to drive it at a speed not exceeding the following:
a. Twenty-five miles per hour, when passing through a school zone during recess, when the presence of children is clearly visible from the roadway, or while children are going to or leaving school, during opening or closing hours;
b. (1) Twenty-five miles per hour in any business or residential district;
(2) Thirty-five miles per hour in any suburban business or residential district;
c. Fifty miles per hour in all other locations, except as otherwise provided in the "Sixty-Five MPH Speed Limit Implementation Act," pursuant to section 2 of P.L.1997, c.415 (C.39:4-98.3 et al.);
d. Fifteen miles per hour, when driving through or directly adjacent to a public park during hours of operation, when children are clearly visible from the roadway, or while children are going to or leaving a park event. As used in this subsection, "public park" means a park, recreation facility or area, or playground owned or controlled by the State. A county or municipality may establish, by resolution or ordinance as appropriate, a speed limit of 15 miles per hour on roads in or directly adjacent to a park, recreation facility or area, or playground owned or controlled by a county or local government unit at times specified by this subsection.
Whenever it shall be determined upon the basis of an engineering and traffic investigation that any speed hereinbefore set forth is greater or less than is reasonable or safe under the conditions found to exist at any intersection or other place or upon any part of a highway, the Commissioner of Transportation, with reference to State highways, may by regulation and municipal or county authorities, with reference to highways under their jurisdiction, may by ordinance, in the case of municipal authorities, or by ordinance or resolution, in the case of county authorities, subject to the approval of the Commissioner of Transportation, except as otherwise provided in R.S.39:4-8, designate a reasonable and safe speed limit thereat which, subject to the provisions of R.S.39:4-96 and R.S.39:4-97, shall be prima facie lawful at all times or at such times as may be determined, when appropriate signs giving notice thereof are erected at such intersection, or other place or part of the highway. Appropriate signs giving notice of the speed limits authorized under the provisions of paragraph (1) of subsection b. and subsection c. of this section may be erected if the commissioner or the municipal or county authorities, as the case may be, so determine they are necessary. Appropriate signs giving notice of the speed limits authorized under the provisions of subsection a. and paragraph (2) of subsection b. of this section shall be erected by the commissioner or the municipal or county authorities, as appropriate.
When designating reasonable and safe speed limits for a street under its jurisdiction pursuant to this subsection, as part of an engineering and traffic investigation, a municipality or county shall consider, but not be limited to, the following criteria: residential density; the presence, or lack, of sidewalks; the prevalence of entry and exit ways for business and commercial establishments; whether school children walk adjacent to the street on their way to and from school; and the proximity of recreational or park areas, schools, community residences, family day care homes, child care centers, assisted living facilities or senior communities. Nothing in this paragraph shall substitute for traffic count, accident, and speed sampling data as appropriate.
The driver of every vehicle shall, consistent with the requirements of this section, drive at an appropriate reduced speed when approaching and crossing an intersection or railway grade crossing, when approaching and going around a curve, when approaching a hill crest, when traveling upon any narrow or winding roadway, and when special hazard exists with respect to pedestrians or other traffic or by reason of weather or highway conditions.
The Commissioner of Transportation shall cause the erection and maintenance of signs at such points of entrance to the State as are deemed advisable, setting forth the lawful rates of speed, the wording of which shall be within his discretion.
(cf: P.L.2009, c.258, s.1)
2. R.S.39:4-104 is amended to read as follows:
39:4-104. [A] a. Except as provided in subsection b. of this section, a person violating a section of this article shall, for each violation, be subject to a fine of not less than [$50.00] $50 or more than [$200.00] $200 , or imprisonment for a period not exceeding 15 days, or both, except as herein otherwise provided.
b. A person violating subsection d. of R.S.39:4-98 shall be subject to a fine of not less than $100 or more than $400, unless a county or municipality establishes an enhanced penalty.
(cf: P.L.1982, c.45, s.4)
3. This act shall take effect immediately.
STATEMENT
This bill establishes a speed limit of 15 miles per hour, at certain times, on roads passing through or directly adjacent to certain public parks, and increases the fines under current law for violating these speed restrictions.
Under current law, a person who exceeds the speed limit may be fined not less than $50 or more than $200. This bill increases the fine to not less than $100 or more than $400 for violating the 15 miles per hour speed restriction on roads in public parks or directly adjacent to public parks during hours of operation, when children are clearly visible from the roadway, or while children are going to or leaving a park event. The bill defines "public park" to mean a park, recreation facility or area, or playground owned or controlled by the State.
This bill clarifies that a county or municipality may establish a speed limit of 15 miles per hour on roads in or directly adjacent to a park, recreation facility or area, or playground owned or controlled by the county or municipality during hours of operation, when children are clearly visible from the roadway, or while children are going to or leaving a park event. A person who violates a speed limit of 15 miles per hour adopted by a county or municipality in these park areas is subject to enhanced fines, unless the county or municipality establishes a penalty greater than that established by State law.
This bill is named "Drew's Law" in honor of Drew Keough. On April 22, 2014, 11 year-old Drew was tragically struck and killed by a motor vehicle while crossing the street near Keansburg's Forest Park after playing basketball in the park. His untimely death was a shock to the community and hundreds of people gathered to grieve his death by candlelight vigil the following day. In light of this tragedy, the bill endeavors to prevent fatal motor vehicle accidents in or near public parks by reducing the speed limit to 15 miles per hour, at certain times, on street passing through and directly adjacent to certain public parks.
