[Added 11-12-1991 by Ord. No. 17-91]
The Municipal Council of the Borough of Totowa finds and declares that the provisions of this article are enacted for the following reasons:
A. 
To reduce the hazardous traffic conditions that are caused by the use of streets within residential areas by vehicles operated and parked by persons not residing within the residential areas.
B. 
To protect these residential areas from polluted air, excessive noise and refuse caused by the entry of such vehicles.
C. 
To protect the residents of these residential areas from unreasonable burdens in gaining access to their residences and in the quiet enjoyment of their homes.
D. 
To preserve the character of these areas as residential areas.
E. 
To encourage the use of public transportation.
F. 
To promote efficiency in the maintenance of streets in these residential areas in a clean and safe condition.
G. 
To preserve the value of the property in these residential areas.
H. 
To promote traffic safety and the safety of children and other pedestrians in these residential areas.
I. 
To forestall dangers arising from the blocking of fire lanes, hydrants and other facilities required by emergency vehicles, both in reaching victims and in transporting them to hospitals.
J. 
To facilitate the movement of traffic in the event of accidents and other disasters.
K. 
To promote the peace, comfort, convenience and welfare of all inhabitants of the Borough of Totowa.
As used in this article, the following terms shall have the meanings indicated:
BOROUGH CLERK
The Borough Clerk and/or his designee.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, which normally include provisions for sleeping, eating, cooking and sanitation.
ON-STREET PARKING SPACE
Twenty linear feet per parking space, exclusive of those portions of the street where parking apart from the provisions of this article is not presently permitted.
PARKING PERMIT AREA
A residential area where curbside parking on public streets is limited to a vehicle properly displaying a parking permit authorized by this article.
PERSON
A natural person, firm, copartnership, association or corporation.
RESIDENTIAL AREA
An area containing streets primarily abutted by residential property or residential and nonbusiness property.
STREET
A way intended for general public use to provide means of travel for vehicles and pedestrians. The word shall include the words "road," "highway" and "thoroughfare."
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.
No vehicle shall be parked on the streets or parts of streets designated in Schedule XIX, attached and made a part of this chapter, during the hours designated in the schedule, Monday through Sunday, unless:
A. 
The vehicle is owned or operated on a regular basis by a resident of that street; and
B. 
The vehicle has displayed on its left rear window in such a manner as to be closely examined by an officer a current residential parking permit; or
C. 
The vehicle falls under one of the exceptions to the parking ban.
The following vehicles shall be exempt from this article:
A. 
Visitors. A vehicle displaying a current visitor parking permit may park a maximum of two days, provided that the operator of the vehicle is a bona fide guest of a residence within the permit parking area. The visitor's permit shall be displayed on the dashboard (driver side) of the vehicle in such a manner as to be clearly visible by an officer enforcing parking regulations.
B. 
Contractors, service and delivery vehicles. Contractors, service and delivery vehicles bearing the name and address of a commercial business may park without a permit during the time they are rendering service to a residence within the permit parking area.
C. 
Emergency vehicles. Emergency vehicles and public service, telephone and other public utility vehicles may park within the permit parking area during the time they are rendering service or repairs within the area.
Whenever the Borough Clerk or his designee shall determine that certain streets exclusively or primarily servicing residential land uses or portions of such streets are being used for parking by the operators of vehicles who do not reside on said streets, then the Borough Clerk or his designee shall recommend to the Municipal Council that such streets be included within this article.
A. 
Application for parking permits under this article shall be made in writing on forms provided by the Borough Clerk, or his designee. Permits shall be granted only under the following terms and conditions:
(1) 
To persons who are residents on said street or portion thereof upon which parking is restricted by this article, a permanent permit, valid for one year, shall be issued for every vehicle owned or principally operated by such person.
(2) 
Two visitor permits shall be issued to each residential unit on any street or portion thereof upon which parking is restricted by this article for use only by visitors to that residential unit.
(3) 
If a person sells his and/or her motor vehicle, he or she shall remove the sticker and present it to the Borough Clerk. If a replacement vehicle is purchased, the old sticker may be exchanged for a new one.
(4) 
Additional visitor cards shall be obtained from the Borough Clerk and/or his designee, by filing an application from any person who resides on any said street upon which parking is so restricted. The Borough Clerk, or his designee, may issue permits to be valid for only one day and for no more than eight hours on that day upon a showing by such person that, during the hours for which any such permit is to be issued, such person's residence will be used in such a way as to be consistent with its residential character and with municipal ordinances and regulations restricting the use thereof to residential purposes and that visitors to such person's residence will not be able to park in the immediate vicinity thereof without violating the restrictions imposed by this chapter. If the Borough Clerk shall approve such application and further find that the issuance of any such requested permits will not unduly impair traffic safety during the time of their validity, then he shall issue such permits and may limit the streets or portions of streets for which they shall be valid.
B. 
Application and permit can be obtained and filed from the Municipal Clerk's office between the hours of 9:00 a.m. and 4:30 p.m., Monday through Friday. In the event of an emergency and/or Saturday, Sunday and holidays, a special permit may be obtained from the Police Department upon proof of residence.
Any person who violates any provision of this article shall, upon conviction thereof, be punished by a fine not more than $50 or imprisonment not exceeding 15 days, or both. In addition, any unoccupied vehicle parked or standing in, violation of this article shall be towed and removed at the owner's expense. A separate offense shall be deemed committed each day during or on which a new violation occurs or continues.
Any unoccupied vehicle parked or standing in violation of this article shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer shall provide for the removal of such vehicle. Before regaining possession of the vehicle, the owner shall pay the reasonable costs of the removal and storage which may result from such removal.