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.
[Added 10-1-2007 by Ord. No. 27-2007]
A. Purpose. Pursuant to N.J.S.A. 39:4-197.6, any municipality may by
ordinance establish a restricted parking zone in front of a residence
occupied by a handicapped person if a windshield placard or wheelchair
symbol license plate has been issued for a vehicle owned by the handicapped
person, or by another occupant of the residence who is a member of
the immediate family of the handicapped person, by the Division of
Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-204 et
seq., provided the permitting thereof would not interfere with the
normal flow of traffic.
B. Application for on-street handicapped parking space; procedure.
(1)
All residents requesting the issuance of a designated on-street
handicapped parking space in the Borough of Swedesboro must complete
and file a formal application with the Police Department.
(2)
The application shall require the applicant to provide the following
documentation:
(a)
The applicant must possess a disabled person identification
card issued by the New Jersey Division of Motor Vehicles.
(b)
The applicant must furnish to the Police Department a valid
motor vehicle registration for the vehicle requiring the space and,
if the applicant is the vehicle operator, a valid motor vehicle operator
license.
(c)
The applicant may request a designated handicapped parking space
only for the applicant's place of residence.
(d)
If the applicant is not the owner of the property at which the
handicapped parking space is to be designated, a written statement
from the property owner must be submitted to the Police Department
stating that the owner has no objection to the restriction of parking
in front of the property. Said written statement may not be reasonably
withheld by the property owner.
(3)
The completed application, together with the required documentation as required in Subsection
B(2), shall be filed with the Police Department and shall constitute a request for a designated restricted handicapped parking space.
(4)
The Police Department shall approve or deny requests for the issuance of designated restricted handicapped parking spaces on the basis of the standards set forth in Subsection
D of this section.
C. Grounds for denial of application. Notwithstanding an applicant's compliance with Subsection
C above, an application for handicapped parking space shall be denied if:
(1)
Pursuant to applicable state or municipal law, the parking of
motor vehicles is prohibited at the location of the requested handicapped
parking space or the permitting of such parking would interfere with
the normal flow of traffic;
(2)
The applicant or handicapped person is the owner of the property
at which the space is to be designated and has reasonable access to
a driveway on the property or reasonable access to some other area
of the property which may permit the transport of the handicapped
person;
(3)
The applicant is not the operator of the vehicle for which the
handicapped parking space is required unless the State of New Jersey,
Division of Motor Vehicles has issued the applicant a windshield placard
or wheelchair symbol license plates for a vehicle owned by the handicapped
person or owned by another occupant of the residence who is a member
of the immediate family of the handicapped person; or
(4)
The applicant resides, either as a tenant or an owner, in a
housing complex which provides off-street parking and has reasonable
access to said parking and an on-site handicapped parking space has
been provided by the owner of the housing complex.
D. Approval; ordinance designating on-street handicapped parking space.
(1)
Upon approval of an applicant's request for resident handicapped
on-street parking, the Borough of Swedesboro will enact an appropriate
ordinance pursuant to N.J.S.A. 39:4-197.6 designating the name of
the subject street, the side of that street where the resident resides,
and a description of the allowed parking area in front of the subject
residence. Such designation shall be within the property lines of
the subject residence, but otherwise shall be subject to the discretion
of the Chief of Police.
(2)
Upon the designation of an on-street handicapped parking space,
said space will be marked by signs indicating handicapped parking
space. The markings will conform with the Manual on Uniform Traffic
Control Devices for Street and Highways for the NJDOT and shall include
the penalty notification sign as required by NJDMV.
E. Notice of approval of space; annual notification of Borough regarding
continued need of space.
(1)
Upon approval of a request for a designated handicapped parking
space and passage of an ordinance by the Borough Council of the Borough
of Swedesboro designating said space, the applicant shall receive
a letter notifying the applicant that the space has been so designated
and that it is the applicant's responsibility to notify the Police
Department in the event that the designated handicapped parking space
is no longer required.
(2)
Annually by January 15 of each year written notice shall be
sent by the applicant to the Police Department on forms provided by
the Borough indicating that a valid and continued need for the handicapped
parking space exists. In the event that such notices are not received
within 30 days of January 15, the handicapped parking space sign at
that location shall be removed and a resolution or ordinance will
be presented to the Borough Council to repeal the designated handicapped
parking space.
F. Applicability. The provisions of this section shall apply to all
on-street designated handicapped parking spaces created within the
Borough of Swedesboro except that handicapped parking spaces requested
for general public use by public buildings, including but not limited
to businesses, schools and hospitals, are not subject to the renewal
provision of this section.
G. Violations and penalties. Any person improperly parking in a properly
designated resident handicapped restricted parking space shall be
subject to the penalties under N.J.S.A. 39:4-203 and 39:4-207.7.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I (§
110-31), attached to and made a part of this chapter.
No person shall park a vehicle between the hours specified in Schedule II (§
110-32) of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in said Schedule II, attached to and made a part of this chapter.
No person shall stop or stand a vehicle during the times specified in Schedule III (§
110-33) of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in said Schedule III, attached to and made a part of this chapter.
No person shall park a vehicle for longer than the time limit shown in Schedule IV (§
110-34) at any time between the hours listed in said Schedule IV of any day (except Sundays and public holidays) upon any of the streets or parts of streets described in Schedule IV, attached to and made a part of this chapter.
No person shall park a vehicle upon any of the streets or parts thereof described in Schedule V (§
110-35), attached to and made a part of this chapter, except at the angle designated and only within the painted white stall lines.