If a section, subsection, sentence, clause, phrase or portion of this Part
2 is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof.
This Part 2 shall take effect upon final passage
and publication as provided by law.
[Added 12-7-1983 by Ord. No. 23-83]
As used in this article, the following terms
shall have the meanings indicated:
CODE ENFORCEMENT OFFICER
The Building Subcode Official for the Township of Jefferson
or any other person or persons designated by the Mayor to enforce
the guidelines provision of this article.
HANDICAPPED PERSONS
Any person or persons who shall have been issued an identification
card, placard or motor vehicle license by the New Jersey State Director
of the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-204 et
seq. and 39:4-197.5 or a temporary identification card or placard
issued by the Chief of Police of Jefferson Township or the Chief of
Police of any other New Jersey municipality, which temporary identification
card or placard is issued pursuant to the aforementioned state statutes
or such persons that may be recognized as authorized to use handicap
parking spaces pursuant to amendments to the aforesaid statutes or
by regulations adopted by the Director of the New Jersey Division
of Motor Vehicles.
[Amended 2-6-1991 by Ord. No. 1-91]
PUBLIC BUILDING
Any building, structure, facility or complex used by the
general public or to which the general public is invited, including
but not limited to theaters, concert halls, auditoriums, museums,
schools, libraries, recreation facilities, public transportation terminals
and stations, factories, office buildings, businesses, shopping centers,
hotels or motels and public eating places, whether privately or publicly
owned, except that this term shall not include private family residences,
whether single- or multifamily residences.
The owners, tenants or other persons having
control of any public building located within the Township of Jefferson
and for which there are parking spaces provided adjacent to or used
in conjunction with a public building may after the effective date
of this article provide parking spaces for handicapped persons in
accordance with the guidelines herein set forth and in a location
and manner as determined by the Code Enforcement Officer. The owner,
tenant or other person having control of the public building may then
petition the Township Council to have the provisions of this article
apply to the handicapped parking spaces, and upon the adoption of
a resolution approving the handicapped parking spaces by the Township
Council, the provisions of this article shall be in full force and
effect with reference to those handicapped parking spaces.
The Township shall have the authority to provide
parking spaces for handicapped persons in all parking lots or areas
maintained by and pursuant to the applicable standards set forth herein.
Parking spaces for handicapped persons shall
be constructed according to the following guidelines:
A. A minimum of 1% of the total number of parking spaces
in the parking facility shall be used for handicapped parking, but
there shall be not less than one parking space in each such facility.
B. The location of spaces for the physically handicapped
shall be in an area of the parking facility which is most accessible
and proximate to the building or buildings which the facility serves.
The determination of said location shall be made by the Code Enforcement
Officer. In shopping centers and other multistore facilities, the
spaces for the handicapped shall be as near to the flagship store
as possible and/or at such other locations as designated by the Code
Enforcement Officer.
C. Signs.
[Amended 2-6-1991 by Ord. No. 1-91]
(1) Each space or group of spaces shall be identified
with a clearly visible sign being 12 inches by 18 inches and displaying
the international symbol of access for handicapped persons, together
with the following words: RESERVED PARKING. Said sign shall further
contain an arrow or arrows designating the location of the handicapped
parking spaces. In addition, a sign 10 inches by 12 inches shall be
posted with the following language:
[Amended 12-3-2003 by Ord. No. 33-03]
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PENALTY
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$250 1st OFFENSE
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SUBSEQUENT OFFENSES $250 MIN. AND/OR UP TO 90
DAYS' COMMUNITY SERVICE
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TOW-AWAY ZONE
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(2) The reserved parking signs shall be on white reflectorized
background and shall contain green lettering and markings, except
that the international sign for handicapped access shall be with a
blue background. The penalty sign shall be black letters on white
reflectorized background.
D. Each such space shall be 12 feet wide to allow room
for persons in wheelchairs or on braces or crutches to get in or out
of either side of an automobile. The parking space shall be located
on a level, paved surface suitable for wheeling and walking.
E. Where possible, such spaces shall be located so that
persons in wheelchairs or using braces or crutches are not compelled
to wheel or walk behind parked cars.
No person shall park a vehicle in any parking
space designated and marked as being set aside for the physically
handicapped in any parking facility within the Township unless the
operator of the vehicle or a passenger in his or her vehicle is the
holder of either a permanent or temporary identification card or placard
issued pursuant to N.J.S.A. 39:4-205 or 39:4-206 or said vehicle has
a motor vehicle license issued by the Director of the Division of
Motor Vehicles identifying it as a vehicle for the transportation
of handicapped persons and said vehicle has affixed thereto the identification
certificate, placard or license. Parking in a handicapped space without
the aforesaid vehicle identifications shall create a rebuttable presumption
that use of the space was not for the physically handicapped.
[Amended 2-6-1991 by Ord. No. 1-91; 12-3-2003 by Ord. No.
33-03]
Any person, firm, association or corporation
convicted of violating any provision of this article shall be subject
to a fine for a first offense of $250 and for a second offense of
a fine of at least $250 and up to 90 days' community service on such
terms and in such form as the court shall deem appropriate, or any
combination thereof. Each day that a violation continues shall be
considered as a separate offense and shall be punishable.