[Adopted 9-10-1984 by Ord. No. 1278]
[Amended 12-13-1994 by Ord. No. 1691]
The movement or standing of vehicular or pedestrian
traffic in any and all off-street parking yards, lots, driveways,
paths, lanes, easements or other such places in the Borough of Hasbrouck
Heights which are open to the public or to which the public is invited,
or which are maintained or operated in conjunction with or for the
benefit of any business or public or private enterprise, whether or
not operated for profit, or which, even though not open to the general
public, serve three or more detached single-family dwelling structures
or a multiple-family dwelling containing three or more living units,
shall be subject to the regulation of the terms and provisions of
this article.
[Amended 12-13-1994 by Ord. No. 1691]
No person, firm or corporation shall operate,
permit the use of or use any of the aforesaid off-street lots, yards
or areas for movement or standing of any motor vehicle unless or until
the owner or operator thereof shall have been issued a permit therefor
in accordance with the terms and provisions of this article. It shall
be the joint responsibility of the owner, tenant, occupant and operator
of any such areas to make application for and receive a permit under
this article.
The procedure for application and issuance of
a permit under this article shall be as follows:
A.
Permit applications shall be filed with the Borough
Clerk upon the forms and in accordance with the documentary requirements
established therefor.
B.
The Borough Clerk shall refer two copies of such application
to the Chief of Police and the Fire Prevention Bureau of the Fire
Department, who shall jointly diagram the parking area, determining
the placement of cars, fire zones, types of lighting, signs and any
and all installation for the maintenance of internal traffic or other
proposals deemed necessary or advisable to safeguard the public interest.
C.
In the event that the Fire Prevention Bureau and the
Police Chief are unable to agree as to the regulations or in the event
that there are any objections as to the regulations or in the event
that there are any objections as to the reasonableness of such regulation
by the applicant, on appeal to the Mayor and Council that body shall
be authorized to finally determine such regulations at a public hearing
after notice to all parties in interest.
D.
The property owner or operator of an off-street privately
owned parking lot regulated by this article shall complete the installation
of signs, pavement markings and other required improvements within
30 days of the date of notification by the Borough of such requirements.
No extension of such time period may be granted unless the Borough
is furnished with proof of a work order or other written evidence
that the owner or operator is proceeding in good faith to comply with
such requirements.
E.
The Borough Clerk shall issue a permit upon completion
of all sign, pavement marking and other installations established
by the Police and Fire Departments pursuant to this article.
Any and all signs, posts and pavement markings
installed or required hereunder shall conform to the provisions established
in the Manual on Uniform Traffic Control Devices. In addition thereto,
the following are required:
A.
At the entrance or entrances to the parking lot or,
where expressly permitted by the Chief of Police, at the entrance
to the adjacent building, there shall be posted a sign, with minimum
dimensions of 18 inches by 24 inches, which sign shall state: PARKING
IS REGULATED BY BOROUGH ORDINANCE NO. 1104.
B.
Any and all fire zones which may be set aside for
any other special purpose, including but not limited to handicap,
loading zone, etc., shall be plainly marked with a sign having minimum
dimensions of 12 inches by 18 inches designating the particular zone
and containing the words "no parking." Where applicable, the word
"towaway" shall be set forth on the sign.
C.
All signs required by this article shall be erected
on metal posts, or, where permitted by the Chief of Police, such signs
may be mounted on buildings, walls or fences. Each sign shall be posted
so as to face the flow of traffic and shall have a white background
with words thereon lettered in red. Fire lanes or driveways shall
be appropriately posted in accordance herewith at intervals of approximately
50 feet.
D.
All driveways, lanes and means of access and egress
from the special zones and from the areas designated by distinctive
white or New Jersey Department of Transportation yellow marks as space
allocated for parking automobiles shall at all times be kept open
and unobstructed, either by parking any motor vehicle or other obstruction,
and no vehicle shall be parked at any time other than in areas marked
with the lines for such parking.
E.
Sign and marking requirements established as a condition
for the issuance of each permit issued under this article shall continue
in full force and effect for as long as the owner or operator continues
to utilize the property as a private off-street parking lot. In the
event that required signs or pavement markings become damaged, worn
or missing, the owner or operator shall make the necessary repairs
within 15 days of receiving a notification from the Police Chief that
the same are necessary. No extension of such time period may be granted
unless the Borough is furnished with proof of a work order or other
written evidence that the owner or operator is proceeding in good
faith to comply with such requirements. Failure to repair or replace
signs or markings within the time period allotted shall result in
a revocation of the permit issued under this article.
[Added 5-29-1990 by Ord. No. 1538]
Prior to the issuance or renewal of a permit
issued pursuant to this article, payment of delinquent property taxes
or assessments is required pursuant to N.J.S.A. 40:52-1.2. Where there
has been a failure to pay the taxes due on the property for three
consecutive quarters, the permit issued pursuant to this article may
be revoked.
Nothing in this article shall be deemed as the
acceptance for public use of any of the premises in any such parking
area or to in any way create any public easement therein.
[Amended 5-29-1990 by Ord. No. 1538; 3-23-1993 by Sec. II of Ord. No. 1636; 4-25-1995 by Ord. No. 1710; 2-10-2009 by Ord. No. 2201]
A.
This article shall be enforced by the Police Department of the Borough of Hasbrouck Heights, and any person, firm or corporation who shall violate any of the provisions of this article shall, upon conviction therefor, be subject to such penalties as are provided in Chapter 204 of this Code.
B.
It shall be unlawful for any person to park or leave standing any vehicle in violation of any of the regulations or prohibitions fixed hereunder after the posting of signs indicating such regulations or prohibitions as hereinbefore provided. Unless another penalty is expressly provided by law, every person convicted of a violation of this provision shall be subject to such penalties as are provided in Chapter 204 of this Code. In addition to this penalty, any vehicle parked in violation may, at the direction of the Police Department, be summarily towed away in accordance with Chapter 271 of this Code, and the owner of said vehicle shall be charged the cost thereof as provided herein.[1]
