[HISTORY: Adopted by the Mayor and Council of the Borough of Highland Park as indicated in article histories. Amendments noted where applicable.]
Article I Public Off-Street Parking Areas
Article II Handicapped Parking
[Adopted by Ord. No. 606 (§ 8-2 of the 1987 Code)]
The Borough has accrued by deed, lease or otherwise, certain lands within or abutting the business district of the Borough to be used as and for public parking for the convenience and benefit of the residents of the Borough and the businesses or commercial establishments conducted therein, and it is necessary to establish and provide regulations for the proper use of the public parking areas to the end that the residents of the Borough and the businesses and commercial establishments conducted within the Borough may receive the maximum convenience and benefits from the parking areas.
[Amended by Ord. No. 971; 2-7-1989 by Ord. No. 1178; Ord. No. 1422]
For the purpose of this article, all public parking is permitted for vehicles under five tons gross weight on Borough owned or leased lots except between the hours of 2:00 a.m. to 6:00 a.m., when all parking is prohibited thereon. The lot located on the southeast corner of Denison Street at North Second Avenue shall have an additional no parking time for public parking between the hours of 10:00 a.m. and 12:30 p.m. on Sundays. The location of such lots shall be designated on a map filed in the Office of the Borough Clerk.
[Amended by Ord. No. 971; Ord. No. 1422]
As used in this article, the following terms shall have the meaning indicated:
- MOTOR VEHICLE
- Any automobile, truck, motor vehicle or other self-propelled vehicle under five tons gross weight.
- Every individual who shall operate a vehicle as the owner thereof, or as the agent, employee, permittee of the owner, or is in actual physical control of the vehicle.
- PARKING LOT
- Any outdoor space, or uncovered plot, place, lot, parcel, yard or enclosure, or any portion thereof, where more than five motor vehicles may be parked, stored or kept.
- PARK or PARKING
- The standing of a vehicle, whether occupied or not, upon a parking lot other than for the purpose and while actually engaged in, receiving or discharging passengers or loading or unloading merchandise or in obedience to traffic regulations, signs or signals or as an involuntary stopping of a vehicle by reason of causes beyond the control of the operator of the vehicle.
The Chief of Police of the Borough of Highland Park is hereby directed and authorized to mark off individual parking spaces in the parking zones designated and described in this article and in such other zones as may hereafter be established and such other markings as may be necessary under Chapter 230, Land Development. The parking spaces shall be designated by lines painted or durably marked on the surface of the parking areas. At such space so marked off, it shall be unlawful for any person to park any vehicle in such a way that the vehicle shall not be entirely within the limits of the space so designated.
The Chief of Police shall further act or install adequate signs in the zones designated under § 278-2 setting forth the parking limitations for each of the zones.
Editor's Note: Original §§ 8-2.5 to 8-2.7, Parking Zones and Permits, as amended by Ordinance Nos. 606 and 971, were repealed by Ordinance No. 1422.
[Amended by Ord. No. 971; Ord. No. 1422]
It shall be the duty of the Police Department of the Borough to enforce the provisions of this article. In the event any unregistered or unlicensed motor vehicle shall be parked in any public parking area designated under § 278-2 hereof, then and in that event, the Police Department shall take the following steps:
Determine, if possible, the ownership of such motor vehicle and notify the owner to remove the vehicle.
If the ownership cannot be determined, or if there is no response to the notice under Subsection A(1) above, to cause the removal of the motor vehicle pursuant to applicable statutes of the State of New Jersey providing for the removal of abandoned motor vehicles in any public parking area and applicable ordinances of the Borough.
[Amended by Ord. No. 971; 2-7-1989 by Ord. No. 1178; Ord. No. 1422]
It shall be unlawful and a violation of the provisions of this article for any person:
To cause, allow, permit or suffer any vehicle registered in the name of, or operated by such person to be parked overtime, or beyond the period of legal parking time established for any parking area as herein described in § 278-2.
To park any vehicle across any line or marking of a parking space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings.
To operate a vehicle other than through the designated entrance and exits of such parking areas which may or may not be combined and which entrance and exits are designated on the map hereinabove referred to in § 278-2.
To park a motor vehicle in any public parking area between the hours of 2:00 a.m. and 6:00 a.m., prevailing time, except vehicles parked in an emergency as declared by the Mayor.
To park an unregistered or unlicensed motor vehicle in any public parking area as designated in § 278-2.
[Amended by Ord. No. 971; 2-7-1989 by Ord. No. 1178; Ord. No. 1169]
Any person who shall violate any provision of this article shall, under conviction thereof, be subject to a penalty as provided in Chapter 1, General Provisions, Article III, General Penalty.
[Adopted by Ord. No. 903 (§ 8-1 of the 1987 Code); amended in its entirety 8-11-2009 by Ord. No. 09-1764]
The Mayor and Council find and determine that physically handicapped persons should receive special consideration in parking areas provided adjacent to or near public buildings and parking areas provided on private property in the Borough so that such persons can participate in the ordinary activities of life in the Borough to the fullest extent possible. The Mayor and Council further find and determine that both publicly and privately designated parking spaces for the physically handicapped are sometimes used by other than handicapped persons with the result that handicapped persons must find other areas, less favorably situated for parking, and the Mayor and Council find that enforcement of both public and private handicapped parking provisions, to the end that handicapped parking spaces are used only by physically handicapped persons, will be enhanced by providing penalties for violations of such provisions.
Pursuant to the authority granted by N.J.S.A. 52:32-11 through 13, 39:4-197(1)g and 39:4-197.5, there shall be designated reserved handicapped parking spaces on all public and private properties. These handicapped parking spaces shall be controlled by the Borough, and may be used only by persons having a physical handicap as defined in N.J.S.A. 52:32-6b. Exempt from this article of this Code will be detached one- and two-family dwellings.
For those persons who are temporarily disabled as defined in N.J.S.A. 39:4-206, a temporary permit for a duration of not more than six months, and in form promulgated by the Director of the Motor Vehicle Commission of the State of New Jersey, may be obtained from the Chief of Police of the Borough.
In accordance with the provisions of N.J.S.A. 39:4-205 and 206, all vehicles owned, operated or occupied by handicapped persons and parked in those areas reserved for handicapped must display the proper license plates and/or placards issued by the Motor Vehicle Commission of the State of New Jersey in order to be legally parked therein.
Those parking areas designated as parking for person having physical handicap shall be identified with signs as set forth in the "Manual on Uniform Traffic Control Devices for Streets and Highways" promulgated by the U.S. Department of Transportation.
Any person who shall illegally park a motor vehicle in a parking space that has been reserved for a person having a physical handicap, including those spaces so designated on private property, shall be guilty of violation of this article and shall, upon conviction thereof, pay 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.
In addition to the penalties provided herein, any police officer of the Borough may provide for the removal of such vehicle parked illegally in a space that has been reserved for persons having a physical handicap, including those spaces so designated on private property, and the owner thereof shall pay the reasonable costs of the removal and storage which may result from such removal before regaining possession of that vehicle.
Penalties delineated herein shall be considered issued and enforced for a violation of the chapter of the Borough Code. The Highland Park Council reserves the right to annually adopt a resolution designating that all penalty enforcement proceeds, or a portion thereof, collection for handicapped parking violations as set forth herein shall be allocated to public or private nonprofit entities dedicated to the furtherance of services or programs for the handicapped. The Borough's Commission for Universal Access annually, pursuant to § 9-48 of the Code, shall make recommendations to said Council on the designation and allocation of handicapped parking violation penalties.
The following definitions shall apply to this section:
- APPROPRIATE IDENTIFICATION
- In the case of a restricted parking zone, a permit issued by municipality under the authority granted by N.J.S.A. 39: 4-197.7 and in the case of a restricted parking space, a placard or wheelchair symbol license plate issued by the Division of Motor Vehicles pursuant to the N.J.S.A. 39:4-206.
- ELIGIBLE HANDICAPPED PERSON
- A handicapped person who is the holder of:
- PARK UNLAWFULLY
- To park a motor vehicle in a restricted parking space or a restricted parking zone if the motor vehicle does not display appropriate identification.
- RESTRICTED PARKING SPACE
- A parking space which the State of New Jersey, or the Borough of Highland Park, private entity or private individual has established for the exclusive use of a handicapped person but shall not include a restricted parking lot zone established under N.J.S.A. 39:4-197.6.
- RESTRICTED PARKING ZONE
- A parking zone in front of a residence of a handicapped person which the Borough of Highland Park has established for the use of that handicapped person but shall not include a restricted parking zone established under N.J.S.A. 39:4-197.6.
The following regulations shall apply to the enforcement of P.L. 1989, c. 200, in the Borough of Highland Park:
Only regular police officers of the Borough of Highland Park are authorized to receive complaints requesting the removal of motor vehicles parked unlawfully in parking spaces or zones which are restricted for use by handicapped persons.
Officers shall examine the vehicle which is alleged to be unlawfully parked to determine whether the vehicle is parked without displaying appropriate identification.
Upon determination that the vehicle is parked unlawfully in a restricted parking space or restricted parking zone without displaying appropriate identification, the officers shall issue a summons for violation of N.J.S.A. 39:4-197.5 or N.J.S.A. 39:197.6, as appropriate, and may contact a towing company licensed by the Borough of Highland Park and request that the vehicle be removed and stored until redeemed by the registered owner of his, her or its agent. Calls to an authorized towing company on the list shall be made as provided by § 407-15 of the Borough Code.
Charges for removal or storage shall not exceed the maximum fee authorized pursuant to § 407-12 of the Borough Code. All such charges shall be the responsibility of the owner.
An officer arranging for removal of a vehicle shall notify the police dispatcher of the time and date of such action and of the towing company effecting such removal.
It shall be the responsibility of any property owner within the Borough of Highland Park who has required designated handicapped parking spaces to maintain said spaces. General site and building elements shall be maintained according to the American National Standard ICC/ANSI Code and the New Jersey Uniform Construction Code standards for all designated handicapped parking spaces. Whenever the Borough's ADA Coordinator, Police Department or Construction Official determines that such spaces are in need of repair, the ADA Coordinator shall serve in writing the violations that need to be repaired. The ADA Coordinator, Police Department or Construction Official shall issue a summons to municipal court or a violation with penalty if the said violations have not been abated after 30 days.
Penalty. Any person who shall violate this section, upon conviction thereof, shall be subject to a penalty not to exceed $2,000 for each offense.
[Added 8-3-2011 by Ord. No. 11-1818]
In accordance with the provisions of N.J.S.A. 39:4-197 et seq., the Borough hereby establishes restricted parking zones for residences occupied by handicapped persons as further set forth as follows:
From time to time, the Borough Council may establish by ordinance restricted parking zones for residences occupied by handicapped persons.
Prior to the establishment of a restricted parking zone for a residence occupied by a handicapped person, the applicant shall satisfy the following criteria:
The applicant must be a resident of the Borough, permanently disabled and qualify for a windshield placard or wheelchair symbol license plate, or have a member of the resident's immediate family qualify for same as issued pursuant to N.J.S.A. 39:4-204 et seq.
The applicant must demonstrate that the handicapped person's mobility is impaired to the extent that ambulation is severely restricted.
The location of the on-street handicapped parking space is on a public street.
The applicant resides at the address where the on-street handicapped parking space is requested.
The applicant shall complete an application for a handicapped parking space with the Highland Park Police Department, providing the vehicle's license plate number and/or handicapped placard number with expiration date for verification.
The applicant, or the member of the applicant's family qualifying for restricted parking, has a valid and current windshield placard or wheelchair symbol license plate issued by the New Jersey Motor Vehicle Commission.
The applicant must be able to demonstrate that off-street parking is inaccessible.
The requested on-street handicapped parking space shall be installed in front of the applicant's property pursuant to N.J.S.A. 39:4-197.6, unless:
The requested space conflicts with any parking restriction already in place;
There is not at least a twenty-two-foot frontage on a public street in front of the applicant's residence; or
The requested space is otherwise deemed unfeasible by the Highland Park Police Department. In the event at least one of (a), (b) or (c), above, are found to be present, then the requested space shall be designated by the Highland Park Police Department as near to the applicant's property as practicable.
The applicant shall agree to advise the Highland Park Police Department when the on-street handicapped parking space is no longer required.
Any restricted parking zone created under this section shall be available for use by any person who has qualified for, and possesses, a valid and current windshield placard or wheelchair symbol license/plate, as issued pursuant to N.J.S.A. 39:4-204 et seq.
[Added 8-3-2011 by Ord. No. 11-1818]
In accordance with the provisions of N.J.S.A. 39:4-197.6, the following criteria shall apply to the designation of on-street handicapped parking spaces:
There shall be permitted throughout the Borough a maximum of 26 on-street handicapped parking spaces, two spaces within each of the 13 voting districts within the Borough.
As provided for in § 278-16 hereinabove, application shall be made to the Highland Park Police Department for an on-street handicapped parking space. These applications will be reviewed and approved on a first-come first-served basis. Once the two on-street handicapped parking spaces have been designated within each voting district, the Highland Park Police Department will compile a waiting list of others eligible to qualify for said on-street handicapped parking spaces.
A renewal application must be submitted annually to the Highland Park Police Department for any approved on-street handicapped parking space. If the renewal application is not submitted, the space shall be eliminated and the parking space for the next eligible applicant on the Highland Park Police Department's waiting list shall be designated.
The following on-street locations are designated as handicapped parking spaces. Such spaces are for the use by persons who have been issued windshield placards or wheelchair symbol license plates, pursuant to N.J.S.A. 39:4-204 et seq.:
[Amended 9-17-2013 by Ord. No. 13-1852]