The purpose of this chapter is to provide for
restricted parking zones in front of a residence occupied by a handicapped
person pursuant to N.J.S.A. 39:4-197. et seq. as provided by said
statute.
Whenever any words or phrases are used in this
chapter, the meanings respectively ascribed to them in Subtitle 1
of Title 39 of the Revised Statutes of New Jersey shall be deemed
to apply to such words.
[Amended 7-18-2012 by Ord. No. 12-07]
A.
The governing body of the Borough of Seaside Heights shall issue
permits for restricted parking zones in accordance with N.J.S.A. 39:4-197.6.
B.
The Borough shall not issue more than 34 restricted parking zone permits (the number of such permits issued as of June 15, 2012) at any time. If the holder of such a permit either surrenders the permit or fails to provide proof of residency and entitlement to a handicapped parking space to the Borough Clerk by May 1 of any year as required by § 146-41, that permit shall become available to the first applicant on the waiting list as established herein.
C.
An applicant may secure a spot on the waiting list for a restricted
parking zone permit by submitting a complete application to the Borough
Clerk. The applicants on the list will be ranked in the chronological
order in which the Borough Clerk receives their initial applications.
If the applicant's address changes, it is the applicant's responsibility
to so notify the Borough Clerk in writing.
D.
Upon becoming aware of the availability of a restricted parking zone
permit, the Borough Clerk shall send correspondence, advising the
first applicant on the waiting list of the availability of a permit.
The notified applicant shall have 10 calendar days from receipt of
the notification to advise the Borough Clerk, in writing, whether
the applicant desires to obtain the available permit. If the Borough
Clerk does not receive a response from the first applicant within
10 calendar days of the applicant's receipt of the notification of
license availability, the Borough Clerk shall provide notification
of availability to the next applicant on the waiting list in the manner
prescribed herein.
E.
The fee for the installation of a "Restricted Parking Zone" sign
shall be $30. Any and all changes to a "Restricted Parking Zone" sign
shall be subject to an additional fee of $30.
[Added 10-19-2022 by Ord.
No. 2022-22]
Pursuant to the authority granted by N.J.S.A.
39:4-197.5, the locations set forth in a list adopted and amended
by resolution of the governing body of the Borough of Seaside Heights,
are hereby designated as handicapped restricted parking zones for
use by persons who are Seaside Heights residents and have been issued
a windshield placard or wheelchair symbol license plates by the Division
of Motor Vehicles. No vehicle other than the vehicle for which the
windshield placard or the wheelchair symbol license plate has been
issued shall be permitted in a restricted parking zone in front of
a particular residence for which a zone has been restricted. As provided
under N.J.S.A. 39:4-197.6, the restricted parking zone may be granted
to either the handicapped person's vehicle for which special identification
has been issued by the Division of Motor Vehicles or the vehicle of
an immediate member of the handicapped person's residence whose vehicle
has been issued same.
[Amended 3-5-2003 by Ord. No. 03-02]
Upon the adoption of this chapter, proper signs
calling attention to the provisions of this chapter shall be erected
or placed upon the portions of streets as set forth by resolution
attached hereto and made a part hereof. Proof of residency and entitlement
to a handicapped parking space shall be provided to the Borough Clerk
by May 1 of each year. Failure to comply with this requirement will
be reason for the Borough to remove the handicapped signage.
A.
Any person violating or failing to comply with any
of the provisions of this article shall, upon conviction thereof,
be punishable by a fine of not more than $1,000, 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 in the discretion of 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.
B.
Any person parking a motor vehicle in a restricted
parking space without a special vehicle identification card shall
be liable to a fine of $150 for the first offense and, for subsequent
offenses, a fine of at least $150 and up to 90 days' community service
on such terms and in such form as the court shall deem appropriate,
or any combination thereof.
[Amended 10-19-2022 by Ord. No. 2022-22]
C.
The violation of any provision of this article shall
be subject to abatement summarily by a restraining order or injunction
issued by a court of competent jurisdiction.
