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."
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.
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.