City of Paterson, NJ
Passaic County
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[HISTORY: Adopted by the City Council of the City of Paterson 6-9-1992 by Ord. No. 92-029. Amendments noted where applicable.]
GENERAL REFERENCES
Open-air parking lots — See Ch. 359.

§ 259-1 Application for handicapped parking space; procedure.

A. 
All residents requesting the issuance of a designated handicapped parking space in the City of Paterson must complete and file a formal application with the Department of Public Works, Engineering Division.
B. 
The application shall require the applicant to provide the following documentation:
(1) 
The applicant must possess a disabled person identification card issued by the New Jersey Division of Motor Vehicles.
(2) 
The applicant must furnish to the Engineering Division 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.
(3) 
The applicant may request a designated handicapped parking space only for the applicant's place of residence.
(4) 
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 Engineering Division, stating that the owner has no objection to the restriction of parking in front of the property. Said written statement may not be unreasonably withheld by the property owner.
[Amended 11-9-1993 by Ord. No. 93-043]
C. 
The completed application, together with the required documentation as required in Subsection B, shall be filed with the Division of Engineering and shall constitute a request for a designated handicapped parking space.
D. 
The Engineering Division shall approve or deny requests for the issuance of designated restricted handicapped parking spaces on the basis of the standards set forth in § 259-2 of this chapter.

§ 259-2 Grounds for denial of application.

[Amended 4-13-1993 by Ord. No. 93-011]
Notwithstanding an applicant's compliance with § 259-1 above, an application for handicapped parking space shall be denied if:
A. 
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;
B. 
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;
C. 
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
D. 
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.

§ 259-3 Appeal procedure; fee.

A. 
When an applicant has been denied a request for a handicapped parking space by the Engineering Division on the basis of the criteria contained in § 259-2 of this chapter, the applicant has the right to appeal, within 10 days of such denial, to the Municipal Council of the City of Paterson.
B. 
The fee for an appeal to the Municipal Council of the City of Paterson shall be $5.
C. 
Denials based upon parking restrictions or traffic considerations outlined in § 259-2A of this chapter, however, are not subject to appeal and require a revision of the location for the space.
D. 
The Office of Aging and Handicapped Services of the Department of Health and Human Services of the City of Paterson shall investigate all appeals from the denial by the Engineering Division for a handicapped parking space and report its findings to the Municipal Council of the City of Paterson within 30 days of the filing of appeal.
[Added 11-9-1993 by Ord. No. 93-043; amended 11-23-2010 by Ord. No. 10-078]

§ 259-4 Notice of approval of space; annual notification of City regarding continued need of space.

A. 
Upon approval of a request for a designated handicapped parking space and passage of a resolution or ordinance by the Municipal Council of the City of Paterson 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 Department of Public Works, Division of Engineering, of the City of Paterson in the event that the designated handicapped parking space is no longer required.
B. 
Annually, upon the anniversary of the creation of the handicapped parking space by resolution or ordinance, written notice shall be sent by the applicant to the Division of Engineering, on forms provided by the City, indicating that a valid and continued need for the handicapped parking space exists. In the event that such notice is not received within 30 days of the anniversary date, the handicapped parking space sign at that location shall be removed and a resolution or ordinance will be presented to the City Council to repeal the designated handicapped parking space.[1]
[1]:
Editor's Note: Original Sec. 5, which immediately followed this section and provided fees for the initial application and installation of signs, was repealed 11-9-1993 by Ord. No. 93-043.

§ 259-5 Applicability.

The provisions of this chapter shall apply to all designated handicapped parking spaces created within the City of Paterson, 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 chapter.