The provisions of this article imposing a time limit on parking
shall not relieve any person of the duty to observe other and more
restrictive provisions prohibiting or limiting the stopping, standing
or parking of vehicles as set forth in N.J.S.A. 39:4-138, any other
New Jersey statute or as hereinafter provided.
No person shall park a vehicle between the hours of 3:00 a.m. and 6:00 a.m. upon any street within the Borough of Wallington unless said person has a valid resident parking permit obtained pursuant to Chapter 286, Resident Parking Program.
A.
No person
shall park a vehicle at any time upon any of the streets or parts
thereof described in Schedule XIV of this chapter.
B.
In the
event of inclement weather, legal holidays, exigent circumstances
and/or emergencies, the Borough Administrator shall have the power
to temporarily suspend the above parking ordinances by official notification
to the Police Department/Police Director.
[Added 4-22-2004 by Ord.
No. 2004-06; amended 2-17-2005 by Ord. No. 2005-02]
No person shall stop or stand a vehicle upon any of the streets
or parts of streets described in Schedule XV of this chapter.
No person shall park a vehicle between the hours specified in
Schedule XVI of this chapter on any day, unless otherwise indicated,
upon any of the streets or parts of streets described in said schedule,
attached to and made a part of this chapter.
No person shall stop or stand a vehicle during the times specified
in Schedule XVII of this chapter on any day, unless otherwise indicated,
upon any of the streets or parts of streets described in said schedule,
attached to and made a part of this chapter.
A.
No person shall park a vehicle for longer than the time limit shown
in Schedule XVIII of this chapter at any time between the hours listed
in said schedule of any day, unless otherwise indicated, upon any
of the streets or parts of streets described in said schedule, attached
to and made a part of this chapter.
B.
In the event of inclement weather, legal holidays, exigent circumstances
and/or emergencies, the Borough Administrator shall have the power
to temporarily suspend the above parking ordinances by official notification
to the Police Department/Police Director.
[Added 4-22-2004 by Ord. No. 2004-06; amended 2-17-2005 by Ord. No.
2005-02]
No person shall park a vehicle upon any of the streets or parts
thereof described in Schedule XIX of this chapter, except at the angle
designated and only within the painted white stall lines.
A.
It shall be unlawful for any person to park or leave standing any
vehicle on the lands of another, whether publicly or privately owned,
in the Borough of Wallington, after notice has been posted as hereinafter
provided by the owner, occupant, lessee or licensee prohibiting such
parking. Nothing contained in this section shall apply to any lands
lying within the bounds of any public street or highway.
B.
Suitable signs not less than 18 inches by 24 inches bearing the words
"No Parking," together with any qualifications or restrictions of
such parking, if any, and conspicuously displayed shall be posted
on said lands by the owner, occupant, lessee or licensee thereof where
this section is effective. Defacing, tampering with or damaging such
signs, when posted, shall constitute a violation of this chapter.
C.
It shall be unlawful for any unauthorized person to park or leave
standing any unauthorized vehicle in the parking spot reserved for
the Senior Bus on Union Boulevard, in front of the Civic Center.
[Added 3-26-2015 by Ord.
No. 2015-2]
D.
It shall be unlawful for any unauthorized person to park or leave
standing any unauthorized vehicle in any parking spot marked reserved
for Fire Chief Parking throughout the Borough of Wallington. The designated
parking locations shall be reserved for the Fire Chief and/or his
designees only, and vehicles that are permitted to park in these reserved
spaces shall be properly identified.
[Added 3-26-2015 by Ord.
No. 2015-2]
The locations described in Schedule XX of this chapter are hereby
designated as loading zones.
The locations described in Schedule XXI of this chapter are
hereby designated as taxi stands.
The locations described in Schedule XXII of this chapter are
hereby designated as bus stops.
A.
The areas described in Schedule XXIII of this chapter are hereby
designated as handicapped parking areas, subject to annual amendment.
B.
Purpose. The purpose of this chapter is to provide for the enforcement
of restrictive parking for use by handicapped persons throughout the
Borough of Wallington and prohibiting parking and other obstructions
in areas designated as handicapped parking spaces in order to preserve
and keep accessible such parking spaces for use by persons who have
been issued special identification cards by the Division of Motor
Vehicles in order that no other persons shall be permitted to park
in such parking spaces.
[Added 6-24-2010 by Ord. No. 2010-09]
C.
Areas designated as handicapped parking areas. All areas described
in this section and all modifications thereto shall remain as areas
designated as handicapped parking areas.
[Added 6-24-2010 by Ord. No. 2010-09]
D.
Statutory authorization; implementation. This chapter is enacted
in accordance with N.J.S.A. 40:48-2.46, which confers upon the Borough
of Wallington the right to establish handicapped parking spaces in
order to preserve and safeguard the public health, safety, morals
and welfare. Therefore, pursuant to the authority contained in N.J.S.A.
40:48-2.46, parking spaces restricted for use by persons with physical
handicaps pursuant to N.J.S.A. 39:4-204, who have been issued special
vehicle identification license plates or windshield stickers by the
New Jersey Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205
and 39:4-206, when operating or using a motor vehicle on which is
displayed such license plate or windshield stickers, shall be provided
at places of public accommodation in accordance with the requirements
and limitations of the barrier free design regulations of N.J.A.C.
17:19A-1.1 et seq. and N.J.S.A. 52:32-1 et seq., and any amendments
thereto.
[Added 6-24-2010 by Ord. No. 2010-09]
E.
ACCESSIBLE
MUNICIPAL CONSTRUCTION OFFICIAL
MUNICIPAL SUBCODE OFFICIAL
PERSON
RESPONSIBLE PARTY
Definitions. As used in this chapter, the following terms shall have
the meanings indicated:
[Added 6-24-2010 by Ord. No. 2010-09]
An environment that will permit a handicapped person to operate
independently with comparative ease under normal circumstances and
with little or no other assistance.
The construction official appointed by the municipality pursuant
to N.J.S.A. 52:27D-119 et seq.
Any of the subcode officials appointed by the municipality
pursuant to N.J.S.A. 52:27D-119 et seq.
An individual or any corporation, companies, societies, firms,
partnerships, organizations and any other group or entity acting as
a unit.
Any person, including, but not limited to, a contractor,
the owner, operator and/or tenant of premises having parking spaces
reserved for handicapped persons, as well as any employee, agent and/or
other person acting on their behalf, who violates the terms of this
chapter.
F.
Parking spaces.
[Added 6-24-2010 by Ord. No. 2010-09]
(1)
Parking spaces for the handicapped shall be located as close as possible
to elevators, ramps, walkways and the accessible entrance they serve.
They shall be no more than 200 feet from an accessible entrance. They
shall be as level as possible with surface slopes not exceeding 1:48
(1/4 inch per foot) in any direction.
(2)
Each parking space shall be marked with an R7-8 sign from the Manual
of Uniform Traffic Control Devices displaying the international symbol
of accessibility. Beneath the R7-8 sign, each parking space shall
also be marked with an R7-8P sign, as required by N.J.S.A. 39:4-198
and 39:4-197.3c, and any amendments thereto, containing the penalty
provisions of the statute and ordinance. The bottom edge of the R7-8
sign shall be mounted approximately 60 inches above the parking lot
surface.
(3)
At least one parking space designated for the handicapped shall be
provided in all parking lots with up to 50 spaces. Where there are
51 to 200 spaces, two parking spaces must be designated for the handicapped.
When there are over 200 spaces, two parking spaces plus 1% of the
number of spaces over 200, rounded to the next higher whole number,
must be designated for the handicapped. The spaces shall be at least
12 feet wide or as may be permitted by N.J.A.C. 5:23-7.13, and any
amendments thereto.
(4)
At least 10% of accessible parking spaces, or at least one, whichever
is greater, shall be "van-accessible" with a minimum vertical clearance
of eight feet six inches. These spaces should not be less than eight
feet wide with an adjacent access aisle at least five feet wide.
(5)
The Borough is authorized to establish handicapped parking zones
in front of residences occupied by people with disabilities. The Borough
shall designate such handicapped parking zones in front of residences
by designating the same with blue paint on the curb within the dimensions
and distances provided for in the New Jersey Barrier Free Subcode,
New Jersey Administrative Code[1] and N.J.S.A. 39:4-197 et seq.
[Added 12-16-2010 by Ord. No. 2010-18]
[1]
Editor's Note: See N.J.A.C. 5:23-7.1 et seq.
G.
Handicapped parking zones may be established in front of a residence
occupied by handicapped drivers or by another occupant of the residence
who is a member of the immediate family of the handicapped person,
provided that such parking is not otherwise prohibited and does not
interfere with the normal flow of traffic. No handicapped parking
zone will be established for persons who do not possess a valid handicapped
person identification card and windshield placard or handicapped plates,
and/or a valid vehicle registration with the vehicle registered in
their name or that of immediate family member who resides at the same
location. The Borough shall have a plate or other form of signage
affixed to the handicapped parking sign which displays the permit
number assigned to the resident or occupant of the adjacent residence
to insure that the space is utilized by the person who was assigned
the space.
[Added 12-15-2016 by Ord. No. 2016-20[2]]
[2]
Editor's Note: This ordinance designated former Subsection
G as Subsection K.
H.
Application review and the power to grant a handicapped parking space
is vested solely in the authority of the Board of Health acting through
"recommendation to approve" after a recommendation from the Police
Department. If the Board of Health so approves, the Department of
Public Works shall establish a restricted parking space in front of
or near the residence of the applicant and shall issue a permit in
compliance with N.J.S.A. 39:4-197.7. In the case of an application
for a handicapped parking space, the Borough Council shall establish
a handicapped parking space pursuant to N.J.S.A. 39:4-197.5. Only
the motor vehicle for which a valid permit has been issued may be
parked in such zone and only when the permit is properly displayed.
Only one permit is issued to the applicant per household. Applicants
who do not meet all of the requirements of the above are to be notified
of the denial of their application by mail.
[Added 12-15-2016 by Ord. No. 2016-20]
I.
Application fee. Applications for the establishment of handicapped
parking zones and handicapped parking spaces may be obtained from
the Borough Clerk's office and are filed along with the appropriate
documentation with the Borough's Police Department and a copy provided
to the Municipal Clerk. The applicant shall submit an initial processing
fee of $50 for a handicapped parking space to the Borough Clerk made
payable to the Borough at the time the application is filed. An renewal
fee thereafter of $50 dollars is paid with the submission of each
every three years renewal application. The Police Department shall
within ten business days after receipt of an application, review it
and shall investigate each application for compliance with this chapter.
After the Police Department has determined compliance and the validity
of the need, the application is to be submitted so that an amendment
to the Municipal Code for the reserved parking space may be drafted.
The Police Department may, at its discretion, require a personal interview
with the applicant. The applicant may present at the interview any
and all documentation which he or she believes relevant to the applicant's
request. If the applicant does not possess adequate documentation
to verify his or her eligibility under this chapter, the application
may be denied.
[Added 12-15-2016 by Ord. No. 2016-20[3]]
[3]
Editor's Note: This ordinance designated former Subsection
I as Subsection N.
J.
Signage.
All signage and the installation of same pursuant to this chapter
shall conform to the specifications as prescribed by the New Jersey
Department of Transportation and the National Manual on Uniform Traffic
Control Devices. The spots shall also be designated by the painting
of roadway blue public or by such other manner authorized by the Mayor
and Council and permitted by law.
[Added 12-15-2016 by Ord. No. 2016-20]
K.
Obstruction
or interference with handicapped parking spaces prohibited. No person
or responsible party shall obstruct or otherwise interfere with or
permit the obstruction or interference with the appropriate use of
those parking areas reserved for the handicapped. This includes, but
is not limited to, the parking of a motor vehicle which does not comply
with the provisions of this section; the placing, maintaining or allowance
of any blockage, barriers or physical obstructions in said areas;
or the placing of or failure to remove ice or snow or any other obstructions
in these areas, thus interfering with their designated use and/or
accessibility.
[Added 6-24-2010 by Ord. No. 2010-09]
L.
Tow-away
zone. Handicapped parking spaces under this section will be designated
as tow-away zones. Parking a motor vehicle in a handicapped parking
space without the special vehicle identification card specified herein
will entitle the Wallington Police Department to authorize an immediate
tow of the offending vehicle. Eligible people with disabilities may
request law enforcement officers to arrange for the removal and steerage
of a motor vehicle unlawfully parked in handicapped parking spaces.
[Added 12-15-2016 by Ord. No. 2016-20]
M.
Enforcement.
The terms and provisions of this section shall be enforced by either
the Borough of Wallington Police Department, the Borough Construction
Official or Borough subcode official or such official designated by
the Borough under the statute.
[Added 6-24-2010 by Ord.
No. 2010-09; amended 12-15-2016 by Ord. No. 2016-20]
N.
Violations
and penalties:
[Added 6-24-2010 by Ord. No. 2010-09; amended 12-15-2016 by Ord. No.
2016-20]
(1)
Any
person who parks in a parking space designated for use by handicapped
persons, even if such person is a physically handicapped person and
in the case of a parking space designated for use by a specific resident
and the handicapped person is not that specific resident, shall be
fined a minimum of $250 for a first offense and a minimum fine of
$150 for each subsequent offense.
(2)
There
will be a fine of $750 for any fraudulent application which is submitted
to the Borough of Wallington for a handicapped parking space.
(3)
The
handicapped placard is for the sole use of the individual with a disability
and is nontransferable. Abuse or misuse of this privilege will be
cause for immediate revocation of the ID card, placard and plates
and fines of at least $250.
O.
Additional powers of the Board: vacation or modification.
[Added 9-26-2019 by Ord.
No. 2019-8]
(1)
At any time after the adoption of a resolution granting a handicap
parking space, any person having reasonably relevant information that
the person asserts the Board was not made aware and did not consider
or the person asserts is a relevant change of information in status
subsequent to the grant of the handicap parking space may move the
Board for an order vacating or modifying grant of a handicap parking
space by filing with the Board a petition in the form of a letter,
the facts therein being certified, stating the reasons therefor and
the grounds relied upon.
(2)
Alternately, the Board may examine information of which the Board
has become aware either by a citizen submission or otherwise for further
proceedings.
(3)
The Board, after examining the information and on its own motion,
may notice the applicant that the applicant may appear at time and
place fixed in the notice and show cause why the terms or provisions
of any grant of a handicap parking space ought not to be vacated or
modified.
(4)
If the Board determines that such information, if known, at the time
of the hearing which hearing culminated in the grant of a handicap
parking space, would have reasonably been considered and may have
changed the granting of the handicap parking space determination,
or if the Board becomes aware of new information by way of a changed
circumstance in contradiction to information originally provided within
the application which resulted in the grant of a handicap parking
space, the Board may reconsider the application de novo, at such hearing
and the Board shall have the power to vacate or modify its granting
of a handicap parking space.
(5)
Should the Board rescind or modify the grant of application, the
signs and markings shall be removed; however, the fee, if any, shall
not be returned.
[Added 6-21-2012 by Ord.
No. 2012-19]
A.
No person
shall park, stand or otherwise leave a vehicle in any of the fire
zones or fire lanes so designated throughout the Borough of Wallington.
B.
All
penalties provided for in this chapter shall be doubled when a person
shall park, stand or otherwise leave a vehicle in a designated fire
zone located in a school zone.
[Added 10-24-2013 by Ord.
No. 2013-14]