[HISTORY: Adopted by the Mayor and Council
of the Borough of Totowa 4-13-1982 by Ord. No. 3-82 (Ch. 76 of the 1974 Code).
Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 398.
Pursuant to N.J.S.A. 52:32-11 and 52:32-12,
this chapter provides for restricted parking spaces for handicapped
persons in all parking facilities under the jurisdiction of the Borough
of Totowa.
As used in this chapter, the following terms
have the following meanings:
A physical impairment which confines a person to a wheelchair,
causes a person to walk with difficulty or insecurity, affects the
sight or hearing to the extent that a person functioning in public
areas is insecure or exposed to danger, causes faulty coordination
or reduces mobility, flexibility, coordination and perception to the
extent that facilities are needed to provide for the safety of that
person.
Any building, structure, facility or complex used by the
general public or to which the general public is invited, including
but not limited to shopping centers, multi-store facilities, theaters,
concert halls, auditoriums, museums, schools, libraries, recreation
facilities, hotels or motels, except that this term shall not include
private family residences, warehouse storage areas and all buildings
conducting hazardous occupancies that involve highly combustible,
highly flammable or explosive material.
The owners of all public buildings which provide
parking spaces adjacent to or used in conjunction with the public
buildings shall, within 90 days of notice thereof, provide for parking
spaces for handicapped persons in accordance with the guidelines herein
set forth and in a location and manner as determined by the Code Enforcement
Office.
Parking spaces for the physically handicapped
shall be constructed in accordance with the following guidelines:
A.
In all instances where parking lots are provided for
public buildings or facilities, as defined herein, designated parking
spaces for handicapped persons shall be required as follows:
|
Total Parking Spaces in Lot
|
Required Number of Accessible Spaces
| |
|---|---|---|
|
Up to 50
|
1
| |
|
51 to 200
|
2
| |
|
Over 200
|
1% of the total spaces in lot (to nearest whole
number)
|
B.
The location of the physically handicapped spaces
shall be in an area of the parking facility which is most accessible
and approximate to the building or buildings which the facility serves.
The determination of said location shall be made by the Construction
Official in conjunction and consultation with the owner. In shopping
centers and other multi-store facilities, the handicapped spaces shall
be as near to the flagship store as possible and/or at such other
location as may be agreeable between the Construction Official and
the owner.
C.
Each space or group of spaces shall be identified
with a clearly visible sign displaying the international symbol of
access, along with the following words: "THESE SPACES RESERVED FOR
PHYSICALLY HANDICAPPED ONLY. SPECIAL VEHICLE IDENTIFICATION REQUIRED."
The lines designating the area shall be painted in fluorescent yellow
paint, and the center of the space shall have painted thereon the
capital letter "H."
D.
Each space shall be 12 feet wide to allow room for
persons in wheelchairs or on braces or crutches to get in or out of
either side of the automobile on a level, paved surface suitable for
wheeling and walking.
E.
Where possible, such spaces shall be located so that
persons in wheelchairs or using braces or crutches are not compelled
to wheel or walk behind parked cars.
F.
Where applicable, curb ramps shall be provided to
permit handicapped people access from the parking area to the sidewalks.
A.
No person shall park a vehicle in a parking space
designated and marked as being set aside for the physically handicapped
in any parking facility unless said vehicle shall have affixed thereto
an identification certificate or marker issued by the New Jersey Director
of the Division of Motor Vehicles.
B.
Parking in a handicapped space without the aforesaid
vehicle identification shall create a rebuttable presumption that
use of the space was not for the physically handicapped.
[Amended 3-9-1993 by Ord. No. 9-93][1]
Unless another penalty is expressly provided
by New Jersey statute, every person convicted of a violation of a
provision of this chapter or any supplement thereto shall be subject
to the following penalties:
