[HISTORY: Adopted by the Borough Council
of the Borough of Stone Harbor as Ch. 11 of the 1982 Revised General
Ordinances. Amendments noted where applicable.]
GENERAL REFERENCES
Municipal parking lots — See Ch. 386.
For the purpose of this chapter, the following
words shall be defined as follows:
A person who is in actual physical control of a vehicle or
street car. This definition is meant to be consistent with the definition
in Title 39 of the Revised Statutes of the State of New Jersey, and
in the event there is any inconsistency between this definition and
the definition found in Title 39, the definition in Title 39 shall
govern.
A mechanical device located upon a public street or on other
property as herein defined which has the capability to monitor multiple
parking spaces simultaneously for parking control purposes and where
the public street or property has been legally designated as a parking
zone, lot or area, which device shall record a certain number of minutes
to be fixed and established from time to time by the use of a clock
mechanism to determine the period of time for which the rights of
the public to use the public streets for vehicular traffic or parking
shall be limited and controlled in the interest of the public generally.
[Added 3-20-2007 by Ord. No. 1276]
A mechanical device located upon a public street or on other
property as herein defined, and where the public street or property
has been legally designated as a parking zone, lot or area, which
device shall record a certain number of minutes to be fixed and established
from time to time by the use of a clock mechanism to determine the
period of time for which the rights of the public to use the public
streets for vehicular traffic, or parking, shall be limited and controlled
in the interest of the public generally.
A certain designated and marked off section of a public street,
property as herein defined, lot or area where, within marked boundaries,
vehicles will be limited both as to manner and extent of time the
same shall be lawfully parked.
When referred to herein as land where parking meters are
to be installed for purposes of this chapter, any land either owned
by the Borough or land in which it has sufficient lawful interest
in order to be in possession and have the right to use it for such
purposes.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel. This definition is meant
to be consistent with the definition in Title 39 of the Revised Statutes
of the State of New Jersey, and in the event there is any inconsistency
between this definition and the definition found in Title 39, the
definition in Title 39 shall govern.
Every device in, upon or by which a person or property is
or may be transported upon a highway, excepting devices moved by human
power or used exclusively upon stationary rails or tracks or motorized
bicycles. This definition is meant to be consistent with the definition
in Title 39 of the Revised Statutes of the State of New Jersey, and
in the event there is any inconsistency between this definition and
the definition found in Title 39, the definition in Title 39 shall
govern.
A.
Zones established. Parking meter zones and/or kiosk
areas are hereby created on the following public streets of the Borough
and upon the public parking lot property of the Borough the locations
of which are hereafter stated.
(1)
All publicly owned or leased parking lots situated westerly of Second Avenue and fronting on 95th Street, 96th Street or 97th Street, the public lots at 96th Street and the Beach and 95th Street and the Beach and the publicly owned parking lots abutting Borough Hall and the Firehouse as described in § 386-2 as "East of Second Avenue at 96th Street, north side" and "Southwest corner of 96th Street and Seng Place," respectively, subject to the exceptions for permit holders.
(2)
Street locations are established as follows subject
to the restrictions of the Manual on Uniform Traffic Control Devices:
|
Name of Street
|
Side
|
Location
| |
|---|---|---|---|
|
First Avenue
|
Westerly
|
From 110 feet northerly of the northerly side
of 96th Street to the northerly side of 97th Street
| |
|
First Avenue
|
Easterly
|
From the southerly side of 95th Street to 110
feet southerly of the southerly side of 96th Street
| |
|
Second Avenue
|
Both
|
From the southerly side of 93rd Street to the
northerly side of 99th Street
| |
|
Third Avenue
|
Both
|
From the southerly side of 93rd Street to the
northerly side of 99th Street
| |
|
93rd Street
[Amended 7-15-2014 by Ord. No. 1447] |
Southerly
|
Beginning at the westerly side of Second Avenue
and of Third Avenue and extending 100 feet
| |
|
94th Street
|
Both
|
Beginning at the westerly side of Second Avenue
and of Third Avenue and extending 110 feet westerly therefrom and
beginning at the easterly side of Third Avenue and extending 110 feet
easterly therefrom
| |
|
95th Street
|
Northerly
|
Beginning at the easterly side of Third Avenue
and extending 110 feet easterly therefrom and beginning at the westerly
side of Second Avenue and extending 110 feet westerly therefrom
| |
|
95th Street
|
Southerly
|
From the easterly side of First Avenue to the
seawall Line; From the southeast corner of 95th Street and Second
Avenue easterly to the designated handicapped parking space.
| |
|
95th Street
|
Both
|
Beginning at the easterly side of Second Avenue
and extending 110 feet easterly therefrom and beginning at the westerly
side of Third Avenue and extending 110 feet westerly therefrom
| |
|
96th Street
[Amended 10-18-2016 by Ord. No. 1485] |
Both
|
From the Bridge abutment to the westerly side
of First Avenue (exception: remove the two parking meters in front
of 379 96th Street per Zoning Board of Adjustment, Resolution No.
842-2016, dated August 1, 2016.
| |
|
96th Street
|
Southerly
|
From the easterly side of First Avenue to the
seawall line
| |
|
Seng Place
|
Easterly
|
From the southerly side of 96th Street to the
northerly side of 97th Street
| |
|
Seng Place
|
Westerly
|
Beginning at the southerly side of 96th Street
and extending 110 feet southerly therefrom
| |
|
97th Street
|
Northerly
|
From the easterly side of Seng Place to the
westerly side of First Avenue
| |
|
97th Street
|
Southerly
|
From the easterly side of Third Avenue to the
westerly side of Second Avenue
| |
|
97th Street
|
Both
|
Beginning at the easterly side of Second Avenue
and extending 110 feet easterly therefrom
| |
|
98th Street
|
Both
|
Beginning at the westerly side of Second Avenue
and extending 110 feet westerly therefrom and beginning at the easterly
side of Third Avenue and extending 110 feet easterly therefrom
| |
|
99th Street
|
Northerly
|
Beginning at the westerly side of Second Avenue
and of Third Avenue and extending 110 feet westerly therefrom and
beginning at the easterly side of Third Avenue and extending 110 feet
easterly therefrom
| |
|
Sunset Drive
[Repealed 7-15-2014 by Ord. No. 1447] | |||
|
Sunset Drive
[Repealed 7-15-2014 by Ord. No. 1447] |
B.
Installation of meters.
(1)
Except when installations are made upon lands or other
areas other than public streets, the meters shall be installed upon
the curb or other suitable place immediately adjacent to the individual
parking spaces intended to be regulated and controlled by the meters;
and all persons who shall use any individual parking meter area shall
be charged with the responsibility of adhering to and complying with
the instructions and information on the meter and upon such other
sign areas, land areas or places where public information shall be
placed.
(2)
Except when installations are made upon lands or areas
other than public streets, the meters shall be installed upon the
curb or other suitable place immediately adjacent thereto. All parking
meters shall be installed, placed or set immediately adjacent to the
individual parking spaces intended to be regulated and controlled
by the meters; and all persons who shall use any individual parking
meter area shall be charged with the responsibility of adhering to
and complying with the instructions and information on the meter and
upon such other sign areas, land areas or places where public information
shall be placed.
(3)
Where a parking lot or parking area is controlled
by a kiosk-style control device, such device shall be installed at
a location clearly marked and easily accessible to the public, and
individual parking spaces shall be appropriately and clearly designated
for use of the kiosk. Appropriate signage informing the public of
the use of the kiosk device shall be installed in the applicable parking
lot or parking area.
[Added 3-20-2007 by Ord. No. 1276]
The person in charge of the enforcement of this
chapter shall cause markings to be painted or placed either upon the
curb or upon the streets and parking lot areas for the purpose of
designating the parking space for which each meter is to be used.
A.
Rate established. The meter rate shall be as established
from time to time by resolution of Borough Council. The meter rate
for the parking meters in front of the Post Office on Second Avenue
shall be as established from time to time by resolution of Borough
Council.
[Amended 6-7-2005 by Ord. No. 1235; 12-5-2006 by Ord. No.
1272]
B.
Operation. All meters that are located on the streets in the Borough shall have a maximum capability of three hours in one-half-hour increments, except those contiguous to Borough Hall on Second Avenue and on 95th Street, which shall have a maximum capability of one hour. All meters that are located in Borough parking lots will have a maximum capability of four hours in one-half-hour increments. When any vehicle is parked in any space where the time limit for parking use is limited in accordance herewith, the operator of such vehicle shall, upon entering the parking space, immediately deposit or cause to be deposited such coin issued by the United States of America as required for the use of the space, and shall cause the meter to be placed in operation. In all parking lots or areas controlled by a kiosk-style parking control device, the operator of such vehicle shall, upon entering the parking space, immediately proceed to the kiosk and deposit or cause to be deposited such coin or cash issued by the United States of America or use acceptable credit or debit cards, as required for the use of the space, and shall cause the kiosk device to be placed in operation with regard to the applicable parking space. In parking lots with kiosks there shall be no limitation on continuous parking except for the restrictions for recreational vehicles contained in § 391-7.
[Amended 6-7-2005 by Ord. No. 1235; 3-20-2007 by Ord. No.
1276]
C.
Coins to be property of Borough; collection.
[Amended 3-7-2006 by Ord. No. 1251]
(1)
All coins required to be deposited in parking meters
shall, upon being deposited, immediately become the property of the
Borough. It shall be the duty of the person in charge of the enforcement
of this chapter to use required personnel to make periodic collections
of the coins, count and account for each coin collected, and the coins
collected on any day shall, on that same day, be delivered to the
Borough Chief Financial Officer, who shall count or cause to be counted
and the amounts verified and reconciled according to the records of
those who collected the coins. The funds so collected shall remain
in the custody of the Borough Chief Financial Officer in such places
as he may temporarily provide and then in such accounts, places or
depositories where he is permitted to deposit other general funds
of the Borough. An accurate and permanent record of all accounts is
kept as required. When any meters are in operation and moneys are
obtained therefrom, the Borough Chief Financial Officer shall report
the amount collected to the Borough Council at the next regular meeting
thereof after the collections have been made. The report shall state
where the funds are deposited.
(2)
Any person who shall be authorized to collect the
coins and deliver the same to the Borough Chief Financial Officer
shall post such bond, with sufficient surety, as may be determined
upon by the Borough Council and any such bond shall be conditioned
for the faithful performance of duty.
D.
Use of revenue from meters. The coins required to
be deposited in parking meters are for the use of the Borough in order
to provide the proper regulation and control of traffic upon the public
streets and elsewhere, as herein provided for, and such regulation
and control is deemed necessary for the public generally. The funds
so collected are for the purpose of meeting the costs of the regulation,
control, supervision, purchasing installation, operation and maintenance,
and the funds are hereby declared to be neither a tax nor a license
fee, and are not assessed and collected for profit or intended profit.
No person shall violate or permit a violation
as hereinafter defined. It is declared a violation of this chapter
for any person to cause a vehicle to be placed or parked improperly
in, on or upon any marked parking meter space, or part thereof, contrary
to the manner the same is marked and designated.
It is unlawful and a violation for any person
to deface, injure, tamper with, open or willfully break, destroy or
impair the usefulness of any parking meter or any part thereof; and
it is unlawful to deposit any coin contrary to the prescribed method
and instruction, or cause to be deposited in any parking meter any
slug, device, metallic substitute, or any other substitute, or anything,
except established currency of the United States of America.
[Amended 3-20-2007 by Ord. No. 1276]
A.
The parking meters shall be operational during the
summer season between the dates set annually by Borough Council by
resolution. The hours of operation of the meters shall be from 10:00
a.m. to 9:00 p.m., inclusive, seven days per week. Parking shall be
restricted to three successive hours, and no longer, for meters located
on the Borough streets, and for four successive hours, and no longer,
for meters located on Borough parking lots, except as otherwise set
forth in this Code of the Borough of Stone Harbor.
(1)
Exceptions:
(a)
The meters for the two parking spaces on Second
Avenue, near its intersection with 96th Street and adjacent to the
United States Post Office, shall be in operation Monday through Friday
from 10:00 a.m. to 5:00 p.m. and on Saturdays from 10:00 a.m. to 1:00
p.m. only.
(b)
The two parking meters contiguous to Borough
Hall on 95th Street shall be in operation Monday through Friday from
10:00 a.m. to 5:00 p.m.
B.
The parking kiosks installed in designated areas shall be operational from 10:00 a.m. to 9:00 p.m., inclusive, seven days per week during the dates of parking meter operation as set by Borough Council resolution, and the requirements of § 391-4B shall be applicable during said dates. There shall be no restriction upon overnight parking of personal passenger vehicles in kiosk-controlled areas, but all ordinances, laws and regulations prohibiting sleeping in motor vehicles, abandonment of motor vehicles and other prohibited behavior remain in full force and effect. Recreational vehicles, as defined in § 386-5, shall not be permitted to park in the areas controlled by kiosks between the hours of 2:30 a.m. and 5:30 a.m. on any day of the year, regardless of whether the kiosks are operational or not.
