[Added 4-8-1981 by Ord. No. 722R]
A. Definitions. As used in this article, the following
terms shall have the meanings indicated:
HANDICAPPED PARKING SPACE
A parking space within a parking yard or parking places which
are open to the public or to which the public is invited, whether
maintained or operated separately or in conjunction with any business
or enterprise, and which is designated by suitable signs as being
reserved for parking by handicapped persons only and which has been
approved by the Chief of Police of the Borough of Fanwood to be so
designated.
PHYSICALLY HANDICAPPED PERSON
Any person who has been issued special vehicle identification
by the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205 when
using a motor vehicle properly identified pursuant to N.J.S.A. 39:4-206
by a registration plate bearing the national wheelchair symbol or
a temporarily handicapped placard issued by the Chief of Police.
B. It shall be unlawful for any person to park, stop
or stand a motor vehicle in a handicapped parking space unless such
person is physically handicapped. Any person who shall violate this
section shall be punished in accordance with penalties described in
N.J.S.A. 39:4-197.
[Amended 10-14-2003 by Ord. No. 03-18R]
C. This article shall be enforced by the Police Department
who may issue a summons or place a notice on a vehicle parked in a
handicapped parking space notifying the operator thereof that a summons
will be issued if the operator does not, within 48 hours, present
a satisfactory explanation to the Fanwood Police Department as to
why the motor vehicle was occupying a handicapped parking space. Said
satisfactory explanation must meet the requirements of N.J.S.A. 39:4-206
and any amendments thereto.
[Added 3-14-1996 by Ord. No. 96-03R]
A. Any person who owns or controls a parking area that is open to the public or to which the public is invited, and the parking area contains handicapped parking spaces pursuant to Chapter
280 of the Borough Code, shall be responsible for assuring that snow, ice or other material does not obstruct access to and use of the handicapped parking space(s) and shall make certain to remove such obstruction to access and/or use within 12 hours of daylight after the formation of such obstruction to the handicapped parking space.
B. In the event that such obstruction is not removed
within 24 hours after its formation, the Borough of Fanwood may, at
its option, remove same, under the direction of the Director of Public
Works, and the cost incurred for removing the same shall be charged
against the property owner and/or the lessee. If the cost for removal
is not paid within 30 days of such work being undertaken and notice
of such, the cost shall become a lien upon the property and shall
be added to and form part of the taxes next to be levied and assessed
against said property and be collected and enforced according to law
and shall remain a lien until paid, with interest at the rate for
unpaid taxes.
C. Any person who violates the provisions of this section
shall be liable for a fine not exceeding $200 for each offense, with
each day that the violation continues to exist constituting a separate
offense, or by imprisonment in the county jail for a term not exceeding
15 days, or both.