[HISTORY: Adopted by the Township Council
of the Township of Stafford 3-5-1985 by Ord. No. 85-27. Amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 201.
Pursuant to N.J.S.A. 52:32-11 and N.J.S.A. 52:32-12,
this chapter provides for restricted parking spaces for handicapped
persons in all parking facilities under the jurisdiction of the Township
of Stafford.
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 theaters, concert halls, auditoriums, museums,
schools, libraries, recreation facilities, public transportation terminals
and stations, factories, office buildings, businesses, shopping centers,
hotels or motels and public eating places, whether privately or publicly
owned, 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
Officer.
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
in Lot
|
Required Number
of Accessible Spaces
| |
|---|---|---|
|
Up to 50
|
1
| |
|
Over 50
|
3% 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 multistore facilities, the handicapped spaces shall
be as near to the flagship store as possible and/or at such other
locations 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 sidewalk.
A.
No person shall park a vehicle in a restricted parking
space designated and marked as being set aside for the physically
handicapped in any parking facility unless said vehicle shall have
affixed thereto a special vehicle identification card, certificate
or marker issued by the New Jersey Director of the Division of Motor
Vehicles pursuant to N.J.S.A. 39:4-204 et seq. and N.J.S.A. 39:4-197.5.
[Amended 11-18-2003 by Ord. No. 2003-142]
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 11-11-1986 by Ord. No. 86-55; 2-21-1989 by Ord. No. 89-22; 2-20-1990 by Ord. No. 90-12; 10-16-1990 by Ord. No. 90-60; 11-18-2003 by Ord. No. 2003-142]
A.
Restricted parking space violations.
(1)
Any person parking a motor vehicle in a restricted
parking space without a special vehicle identification card shall
be liable to a fine of $250 for the first offense and, for subsequent
offenses, a fine of at least $250 and up to 90 days’ community
service on such terms and in such form as the court shall deem appropriate,
or any combination thereof, pursuant to N.J.S.A. 39:4-197(3)(c).
(2)
Any person parked unlawfully in a parking space which
is restricted for use by a handicapped person is subject to removal
and storage of the motor vehicle at the request of an eligible handicapped
person to a law enforcement officer, pursuant to N.J.S.A. 39:4-207.5
et seq. The removal of a motor vehicle under this subsection is subject
to those provisions of the Township Code regarding removal of motor
vehicles, and it shall be the obligation of the owner of the motor
vehicle to pay the reasonable costs for the removal and for any storage
which may result from the removal. The assessment of removal and storage
costs against a person under this subsection shall be in addition
to any other penalty assessed against the person.
B.
Other violations.
(1)
Any person violating, for the first time, any provision other than § 122-5 of this chapter shall be fined $100.
(2)
Any person charged with a second or subsequent offense for violating or failing to comply with any of the provisions of this chapter other than § 122-5 shall, upon commission hereof, be punishable by a fine of not less than $100 nor more than $1,000 or 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 by 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.
(3)
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
