[HISTORY: Adopted by the Township Committee of the Township of Hamilton 6-16-2014 by Ord. No. 1772-2014, amended in its entirety 4-4-2016 by Ord. No. 1818-2016. Subsequent amendments noted where applicable.]
Vehicles and traffic — See Ch. 301.
Editor's Note: This ordinance also repealed former Ch. 186, Handicapped Parking, which comprised Art. I, Private Property Open to Public, adopted 3-21-1983 by Ord. No. 842-83, as amended, and Art. II, Restricted Parking Zones, adopted 6-3-1991 by Ord. No. 1078-91.
The purpose of this chapter is to establish certain areas that are private property, that are open to the public or in which the public is invited that shall prohibit parking in these areas designated as "handicapped parking spaces" for use by persons who have been issued special identification cards by the Division of Motor Vehicles. No other person shall be permitted to park in these spaces.
The purpose of this ordinance is to supplement the existing Chapter 186 encaptioned "Handicapped Parking" to provide for a parking space for Wounded Warriors, as provided herein. Nothing in this ordinance is intended to revoke or alter the provisions of the existing Chapter 186. The sole and only purpose of this ordinance is to create one parking place for 'Wounded Warriors," as that term is defined hereinafter.
Editor's Note: "This ordinance" refers to Ord. No. 1818-2016, adopted 4-4-2016.
This chapter is enacted in accordance with N.J.S.A. 40:48-2.46, which does confer upon the Township of Hamilton the right to establish handicapped parking spaces in order to preserve and safeguard the public health, safety, morals and welfare.
As used in this chapter, the following terms shall have the meanings indicated:
- HANDICAPPED PERSON
- Shall be synonymous with that term as utilized in N.J.S.A. 39:4-204.
- WOUNDED WARRIORS
- Those men and/or women who served as veterans of any of the military branches of the United States of America and said service members who incurred a physical and/or mental injury, illness or wound coincident to their military service.
The Township of Hamilton herewith authorizes the establishment of restricted parking spaces for use by handicapped persons in any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to P.L. 1977, c. 202 (N.J.S.A. 39:4-197.5), P.L. 1975, c. 217 (N.J.S.A. 52:27D-119 et seq.), and for any other applicable law relating to parking for the physically handicapped.
The Township of Hamilton herewith authorizes the establishment of a restricted parking space for the use by Wounded Warriors. That space is located on Block 786, Lot 1.01 of the Official Tax Map for the Township of Hamilton. Annexed hereto and made a part hereof as Exhibit A is a portion of the site plan for Block 786, Lot 1.01 designating the location of the Wounded Warrior parking space.
Editor's Note: Exhibit "A" is included as an attachment to this chapter.
Vehicular parking shall be prohibited to the extent that such spaces are appropriately designated and marked according to law, unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle.
For violation of any provision of this chapter the fine shall be $250 for the first offense and shall be $250 plus a maximum of 90 days of community service for all subsequent offenses pursuant to Chapter 161, Public Laws of 2003.
Should any portion of this chapter be declared unconstitutional or impermissible by a court of competent jurisdiction, said declaration shall not affect the remaining portions of this chapter which shall continue in full force and effect.
This chapter shall take effect upon its final passage and publication, as provided by law.