City of Garfield, NJ Chapter 41 Parking Authority

[HISTORY:[1] Adopted by the City Council of the City of Garfield 10-26-2021 by Ord. No. 2899. Amendments noted where applicable.]

[1] Editor's Note: Former Ch. 41, Parking Authority, adopted 10-27-2015 by Ord. No. 2722, as amended, was repealed 9-28-2021 by Ord. No. 2896.

§ 41-1 Establishment.

A body corporate and politic is hereby created pursuant to and in conformity with N.J.S.A. 40:11A-4 et seq., to be known as the "Parking Authority of the City of Garfield."

§ 41-2 Members; appointment; terms.

The Parking Authority shall consist of five persons serving as Commissioners of the Authority, who will be appointed by the Mayor and City Council. The terms of the first five Commissioners shall be staggered for one-, two-, three-, four- and five-year terms, respectively, from the date of their appointment. Thereafter, these Commissioners shall be appointed for five-year terms, except that all vacancies shall be filled for the unexpired term.

§ 41-3 Authority; commissioners; misconduct; removal.

A. No commissioner of the Parking Authority may be an officer or employee of the City of Garfield; provided, however, that Mayor and City Council may appoint the City's Traffic Engineer or Chief of Police to the Parking Authority. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed with the clerk and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner. A commissioner shall receive no compensation for his services, but he shall be entitled to the necessary expenses, including traveling expenses incurred in the discharge of his duties. The powers of the Parking Authority shall be vested in the commissioners thereof in office from time to time. A majority shall constitute a quorum of the Parking Authority for the purpose of conducting its business and exercising its powers and for all other purposes. Action may be taken by the Parking Authority upon a vote of the majority of the commissioners present, unless in any case the bylaws of the Parking Authority shall require a larger number. The Parking Authority shall select a chairman and a vice chairman from among its commissioners, and it may employ a secretary, technical experts and such other officers, agents, and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation. For such legal services as it may require, the Parking Authority may call upon any chief law officers of the City, as the case may be, or may employ its own counsel and legal staff. The Parking Authority may delegate to one or more of its agents or employees such powers and duties as it may deem proper.

B. No commissioner or employee of the Parking Authority shall acquire any interest, direct or indirect, in any parking project or in any property included or planned to be included in the project, nor shall be have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any parking project. If any commissioner or employee of the Parking Authority owns or controls an interest, direct or indirect, in any property included or planned to be included in a parking project, he shall immediately disclose the same, in writing, to the Parking Authority, and such disclosure shall be entered upon the minutes of the Parking Authority. Failure to disclose such interest shall constitute misconduct in office. Upon such disclosure, such commissioner or employee shall not participate in any action by the Parking Authority affecting such property.

C. For inefficiency or neglect of duty or misconduct in office, a commissioner of the Parking Authority may be removed by the Mayor and City Council, but a commissioner shall be removed only after he shall have been given a copy of the charges at least 10 days prior to the hearing thereon and has had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the Clerk.

§ 41-4 Powers and purposes.

A. The Garfield City Parking Authority shall constitute a public body corporate and politic and a political subdivision of the state with the same territorial boundaries as the boundaries of the City, exercising public and essential governmental functions, and having all the powers necessary or convenient to carry out and effectuate its corporate purposes and the purposes and provisions of N.J.S.A. 40:11A-4 et seq.

B. The purposes of the Parking Authority shall be the construction, provision or operation of off-street parking projects within the City and shall include, to the extent authorized by the Mayor and City Council, the management and operation of on-street and other parking meters and related facilities and enforcement of the applicable law, ordinances and regulations as to the parking of vehicles in the City, and the consequent promotion of free movement of traffic and relief of traffic congestion on the streets of Garfield and improvement of conditions affecting the public safety and welfare therein.

C. The Garfield City Parking Authority is hereby authorized, to serve as a redevelopment entity under the "Local Redevelopment and Housing Law," to exercise all those public and essential governmental functions necessary or convenient to effectuate the purpose of the "Local Redevelopment Housing Law," including but not limited to redevelopment powers within an area in need of redevelopment or in an area in need of rehabilitation in the City, subject to prior review and approval of the Local Finance Board pursuant to the "Local Authorities Fiscal Control Law." When the Parking Authority is so designated by a resolution of the City Council to act as a redevelopment entity, the Parking Authority Commissioners and Executive Director shall be subject to the course requirements of Sections 46 and 47 "Local Redevelopment and Housing Law" (N.J.S.A. 40A:12A-22.1)

D. The Parking Authority is hereby authorized to plan, design, construct, reconstruct, enlarge, improve, manage, maintain, repair, operate and use such parking project or projects as in the opinion of the Authority will provide an effective and satisfactory method for promoting the purposes of the Authority.

E. The Parking Authority shall have perpetual succession and have the following powers in addition to any others herein granted:

(1) To sue and be sued; to have a seal and to alter the same at pleasure; to make and execute contracts and other instruments necessary or convenient to the exercise of the powers of the Authority; and to make and from time to time amend and repeal bylaws, rules and regulations, not inconsistent with this its enabling legislation, to carry into effect the powers and purposes of the Authority.

(2) To conduct research respecting parking and the possibility or necessity of fulfillment of public needs in relation thereto.

(3) To acquire by gift, purchase, lease, devise or otherwise, and hold and use, and to construct, improve, maintain, operate, own, manage, or lease either in a capacity of lessor or lessee, parking projects and any land, franchise, property, real, personal or mixed, tangible or intangible, or any interest therein, meters, equipment or facilities to be devoted to the parking or storage of vehicles of any kind or which in the opinion of the Authority are necessary or useful and convenient in connection therewith or with the promotion of free movement of traffic.

(4) Subject to the provisions of § 41-4E, to lease as lessor any real property, parking project or portion or portions of parking projects for any business, commercial or other use to any person for such consideration and for such period or periods of time and upon such other terms and conditions as it may fix and agree upon. Any such lease may be upon condition that the lessee shall or may construct or provide any building or buildings or other facilities on such real property, parking project or projects or portions thereof, including space for business, commercial or other uses, all upon such terms and conditions as may be agreed upon.

(5) To sell, transfer and dispose of any property or interest therein at any time acquired by it upon such terms and conditions as it may determine, with or without public bidding.

(6) To fix, alter, charge and collect rents, rates and other charges at reasonable rates to be determined exclusively by it, for the use of the facilities and projects of the authority and for all services sold, furnished or supplied directly or indirectly by the Authority through said facilities and projects, which shall, together with any grants, receipts, contributions or income from other sources, be sufficient to provide for the payment of the expenses of the Authority, repair, maintenance and operation of its facilities and projects, and payment of the principal of and interest on, and any premiums upon the redemption of, its bonds and other obligations, and to fulfill the terms and provisions of any agreements made with the purchasers or holders of any such bonds or other obligations.

(7) To invest any funds held in reserve or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to the Authority's control.

(8) To borrow money and accept grants from and to enter into contracts, leases or other transactions with the State of New Jersey, any federal agency, any person, or any municipality, county or other public body.

(9) To mortgage, pledge, hypothecate or otherwise encumber all or any of its property or assets then existing or thereafter acquired or coming into existence, including real and personal property donated to it by a municipality or county.

(10) To enter into contracts with the State of New Jersey or any municipality, county or governmental agency for the use of any project of the Authority.

(11) To do and perform any acts and things authorized by N.J.S.A. 40:11A-4 et seq., through or by means of its own officers, agents and employees, or by contract with any person.

(12) To enter into and perform any and all contracts, execute any and all instruments, and do and perform any and all acts and things necessary or useful and convenient for the purposes of the Authority or to carry out any of the powers expressly granted to it by N.J.S.A. 40:11A-4 et seq., or any other acts subject to P.L. 1971, c. 196, Local Public Contracts Law (N.J.S.A. 40A:11-1 et seq.).

F. The Parking Authority shall not engage directly in the sale of gasoline or accessories for, or in the repair or other servicing of, automobiles and other motor vehicles, except in emergency, or shall engage directly in the sale of any commodity of trade or commerce, but the Authority may include in any parking project, and provide and lease as lessor, structures, buildings, space or accommodations (whether constructed by the Authority or by a lessee) for any business, commercial or other use, including the sale of gasoline or accessories for, or the repair or other servicing of, automobiles and other motor vehicles, if, in the opinion of the Authority, such inclusion, provision and proposed leasing is necessary to assist in defraying the expenses of the Authority and make possible the operation of the parking facilities of such project at reasonable rates and will increase the facilities for off-street parking which can be feasibly included, financed, constructed and operated as part of such project.

G. The Commissioners of the Parking Authority shall exercise all of the powers and authority granted and subject to all the provisions N.J.S.A. 40:11A-4 et seq. The Parking Authority shall have the power to acquire property by eminent domain without the consent of the governing body of the City of Garfield.

§ 41-5 Parking Enforcement Officer.

The Parking Authority shall have the power to appoint Parking Enforcement Officers. As used in this chapter, a Parking Enforcement Officer means a person appointed pursuant to this act to exercise the power and authority described herein. Parking Enforcement Officers are not special law enforcement officers within the meaning of P.L. 1985, c. 439 (N.J.S.A. 40A:14-146.8 et seq.) and are not members of the Garfield Police Department. Parking Enforcement Officers are not eligible for membership in the Police and Firemen's Retirement System established pursuant to P.L. 1944, c. 255 (N.J.S.A. 43:16A-1 et seq.).

A. Qualifications. No person may be appointed as a Parking Enforcement Officer unless the person:

(1) Is a resident of this state during the term of appointment;

(2) Is able to read, write and speak the English language well and intelligently;

(3) Is of sound mind and in good health;

(4) Is of good moral character;

(5) Has not been convicted of any offense involving dishonesty or which would make him unfit to perform the duties of his office.

B. Powers and duties.

(1) The Parking Enforcement Officer shall enforce state, county, City and Parking Authority, statutes, ordinances and/or regulations related to the parking of vehicles within the City of Garfield. He or she shall possess the power and authority to:

(a) Issue a parking ticket for a parking offense, as those two terms are defined in the Parking Offenses Adjudication Act, P.L. 1985, c. 14 (N.J.S.A. 39:4-139.2 et seq.).

(b) Serve and execute all process for any parking offenses issuing out of the court having jurisdiction over the complaint.

(c) Issue warnings for violations of any state, county, City and/or Parking Authority statutes, ordinances, resolutions and/or regulations related to the parking of vehicles within the City of Garfield.

(d) Cause any vehicle parked, stored, or abandoned in the City in violation of a statute, resolution, ordinance, or regulation to be towed away from the scene of the violation and to collect from the vehicle's owner or the owner's agent, on behalf of the City, the costs of the towing and subsequent storage of the vehicle before surrendering the vehicle to the owner or agent.

(e) Issue a complaint, summons, or parking ticket for the failure to abide by any parking regulation or parking restriction promulgated by the Parking Authority of the City of Garfield.

(f) Attend participate, testify and assist in the prosecution, if necessary, in any court proceedings relating to any actions taken by him or her.

(g) Inspect the conditions of parking meters or other parking regulating devices, and if necessary, report to the appropriate individual responsible for the necessary repairs or replacement.

C. Fingerprinting. Every applicant for the position of Parking Enforcement Officer, appointed pursuant to this chapter, shall have fingerprints taken, which shall be filed with the Division of State Police and Federal Bureau of Investigation.

D. Eligibility determination. Before any Parking Enforcement Officer is appointed pursuant to this chapter, the Chief of Police, or, in the absence of the Chief, other chief law enforcement officer of the City, shall ascertain the eligibility and qualifications of the applicant and report these determinations, in writing, to the Parking Authority.

E. Firearms banned. No Parking Enforcement Officer may carry a firearm while engaged in the actual performance of the officer's official duties.

F. Training course. No person appointed may commence his duties as a Parking Enforcement Officer unless that person has successfully completed a training course conducted or approved by the City or Parking Authority. The training requirements may be waived by the appointing authority for any person eligible to be appointed as a Parking Enforcement Officer under this chapter who has substantially equivalent training and background, as determined by the Chief of Police or, in his absence, other chief law enforcement officer of the City.