Borough of Seaside Heights, NJ Article V Commercial Parking Lots

§ 146-29 Term defined.

The term vehicle shall bear the same definition as appears in Title 39 of the New Jersey Revised Statutes, i.e., Vehicle means 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.

§ 146-30 Rules and regulations.

[Amended 11-14-1998 by Ord. No. 98-33; 7-7-1999 by Ord. No. 99-19; 2-7-2001 by Ord. No. 2001-5; 6-19-2002 by Ord. No. 2002-16; 3-5-2003 by Ord. No. 03-02; 3-19-2003 by Ord. No. 03-09; 5-21-2003 by Ord. No. 03-14; 12-20-2006 by Ord. No. 06-16; 12-17-2008 by Ord. No. 08-16; 3-5-2014 by Ord. No. 14-04]

A. No vehicle shall be placed on a parking lot with its exhaust facing the boundary line of a dwelling or other building which is located on adjacent property within five feet of said boundary line.

B. All parking lot owners or operators shall post their hours of operation in a conspicuous place so that same may be visible to customers who may intend to enter the parking lot. The parking lot owner or operator shall set forth, in letters and numbers no less than three inches in height, the hours of operation and the policy regarding towing of vehicles in the parking lot. Once said hours of operation and towing policy are posted, neither may be changed affecting any vehicle which is already on the parking lot.

C. All parking lot owners and operators shall place typical concrete parking abutments on any part of their lot that adjoins a public sidewalk when they park cars in such a way as to be perpendicular to said sidewalk.

D. No parking lot owners or operators, or their attendants or employees, shall solicit business by hand waving or vocal solicitation beyond the property lines of the parking lot. All commercial activities, specifically including, but not limited to, efforts to attract customers, undertaken on the lot must be completed by individuals standing on the ground and may not involve the use of elevating equipment of any kind.

E. All parking lot owners or operators shall post their rates in a conspicuous place so that same may be visible to customers who may intend to enter the parking lot. The parking lot owner or operator shall set forth the specific rates and the hours that said rates are in effect in letters and numbers no less than three inches in height. Once said rates are posted, said rates may not be changed affecting any vehicle which is already on the parking lot.

F. All advertising signs for parking lots must be located within the property lines of the parking lot and may not be placed on the sidewalk, on the street or on Borough property.

G. Appropriate Borough officials and police officers shall have the right to enter upon parking lots to enforce municipal ordinances and state laws in connection with persons eating or disrobing in vehicles, or other violations of the law.

H. No commercial parking lot shall have any structure upon it other than one small building which shall be no more than four feet by four feet by 6 1/2 feet high unless other buildings are preexisting or obtain approval from the Land Use Board of the Borough of Seaside Heights.

I. All operations of any commercial parking lot shall be confined to the licensed premises.

J. Placement of signs when lot is closed.

(1) All parking lot owners that have a policy or practice of towing or booting cars shall place as many three-foot-by-four-foot A-frame signs upon the premises as are necessary to ensure that such a sign is readable from any driveway to a commercial parking lot when the parking lot is closed. Such sign must state:

(a) The parking lot is closed.

(b) Any car parked in the parking lot when it is closed shall be subject to towing by the owner/operator of the commercial parking lot.

(2) The sign shall have a solid yellow background with black letters. Each letter of the text stating the parking lot is closed shall be a minimum of six inches in height. Any additional information shall be at least three inches in height for each letter.

K. Any car illegally parked in the parking lot when the parking lot is open shall be subject to towing by the owner/operator of the commercial parking lot in accordance with the towing policies posted pursuant to Subsection B. Booting of vehicles in private parking lots is expressly prohibited.

L. The maximum number of parking space for any commercial lot of 4,000 square feet or less shall be determined by the Borough through the Police Department, Code Enforcement Officer or Parking Meter Supervisor on an annual basis. A written determination will be provided by the Borough personnel to the parking lot owner no later than May 1 of each year. Such written determination must be posted on the property at all times the lot is in operation.

M. Noncompliance with any one or more of the regulations set forth herein shall cause the parking lot owner's or operator's license to be suspended or revoked.

N. Commercial parking lot operators with a valid parking lot mercantile license issued by the Borough of Seaside Heights may permit the parking of recreational vehicles 8:00 a.m. through 12:00 midnight daily. Overnight parking of recreational vehicles in commercial parking lots is prohibited. A recreational vehicle, often abbreviated RV, is a motor home or trailer which includes living quarters designed for accommodation. Types of recreational vehicles include motorhomes, campervans, coaches, caravans, fifth-wheel trailers, popup campers, and truck campers.

[Added 8-18-2021 by Ord. No. 2021-24]

§ 146-31 License required; fee.

From and after the final passage of this chapter, any person, persons, corporation or unincorporated association engaging in or operating a business in the nature of a parking lot or a place for the parking of automobiles or other vehicles shall be required to secure a license for such business conducted or operated and shall pay annually to the Borough of Seaside Heights a license fee in the amount established by Chapter 127 of this Code.

§ 146-32 Violations and penalties.

A. Any person violating or failing to comply with any of the provisions of this article shall, upon conviction thereof, be punishable by a fine of not more than $1,000, by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined in the discretion of the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.

B. The violation of any provision of this article shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.