[HISTORY: Adopted by the Township Committee of the Township of Little Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where applicable.]
Pursuant to N.J.S.A. 52:32-11 and N.J.S.A. 52:32-12, this chapter provides for restricted parking spaces for handicapped persons in all parking facilities under the jurisdiction of the Township of Little Egg Harbor.
As used in this chapter, the following terms have the following meanings:
- PHYSICAL HANDICAP
- A physical impairment which confines a person to a wheelchair, causes a person to walk with difficulty or insecurity, affects sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination and perception to the extent that facilities are needed to provide for the safety of that person.
- 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, warehouse storage areas and all buildings conducting hazardous occupancies that involve highly combustible, highly flammable or explosive material.
The owners of all public buildings which provide parking spaces adjacent to or used in conjunction with the public buildings shall, within 90 days of notice thereof, provide for 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.
Parking spaces for the physically handicapped shall be constructed in accordance with the following guidelines:
In all instances where parking lots are provided for public buildings or facilities as defined herein, designated parking spaces for handicapped persons shall be required as follows:
The location of the physically handicapped spaces shall be in an area of the parking facility which is most accessible and approximate to the building or buildings which the facility serves. The determination of said location shall be made by the Code Enforcement Officer in conjunction and consultation with the owner. In shopping centers and other multistore facilities, the handicapped spaces shall be as near to the flagship store as possible and/or at such other locations as may be agreeable between the Code Enforcement Officer and the owner.
Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access, along with the following words: THESE SPACES RESERVED FOR PHYSICALLY HANDICAPPED DRIVERS ONLY. SPECIAL VEHICLE IDENTIFICATION REQUIRED. The lines designating the area shall be painted in fluorescent yellow paint, and the center of the space shall have painted thereon the capital letter H.
Each 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 the automobile on a level, paved surface suitable for wheeling and walking.
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.
Where applicable, curb ramps shall be provided to permit handicapped people access from the parking area to the sidewalk.
No person shall park a vehicle in a parking space designated and marked as being set aside for the physically handicapped in any parking facility unless said vehicle shall have affixed thereto an identification certificate or marker issued by the New Jersey Director of the Division of Motor Vehicles, pursuant to N.J.S.A. 39:4-204 et seq. and N.J.S.A. 39:4-197.5.
Parking in a handicapped space without the aforesaid vehicle identification shall create a rebuttable presumption that use of the space was not for the physically handicapped.
Restricted parking space violations.
Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card shall be liable to a fine of $250 for the first offense and, for subsequent offenses, 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, pursuant to N.J.S.A. 39:4-197(3)(c).
Any person parked unlawfully in a parking space which is restricted for use by a handicapped person is subject to removal and storage of the motor vehicle at the request of an eligible handicapped person to a law enforcement officer, pursuant to N.J.S.A. 39:4-207.5 et seq. The removal of a motor vehicle under this subsection is subject to those provisions of the Township Code regarding removal of motor vehicles, and it shall be the obligation of the owner of the motor vehicle to pay the reasonable costs for the removal and for any storage which may result from the removal. The assessment of removal and storage costs against a person under this subsection shall be in addition to any other penalty assessed against the person.
Any person violating, for the first time, any provision other than § 196-5 of this chapter shall be fined $100.
Any person charged with a second or subsequent offense for violating or failing to comply with any of the provisions of this chapter other than § 196-5 shall, upon commission hereof, be punishable by a fine of not less than $100 nor more than $1,250 or by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
The violation of any provision of this chapter shall be subject to abatement summarily by a restraining order or injunction issued by a court of competent jurisdiction.