[HISTORY: Adopted by the Mayor and Council
of the Borough of Emerson 5-28-1974 by Ord. No. 628 (Ch. 73, Art. I, of the
1966 Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings indicated:
A privately owned area designed or intended to park 10 or
more automobiles in connection with the operation of one or more retail
stores, offices, places of business, places of amusement or shopping
centers.
The owner of the parking lots subject to this
chapter shall install and maintain internal traffic directional lines
and such lighting and signs as are necessary to control parking, traffic
hazards and congestion resulting from vehicular and pedestrian use
of said lots.
The Chief of Police of the Borough of Emerson
shall inform the owners of the subject parking lots to prepare and
present to his office a plan for said lots for the installation and
maintenance of internal traffic directional lines and signs and lighting
for the control of parking, traffic hazards and congestion. Sign and
other installations shall be of a quality and standard as approved
by the Chief of Police.
The Chief of Police may refer the plan received in § 196-4 to the Land Use Board and/or the Fire Department for their review and comments. The Chief of Police may approve such plan and may submit the same to the Department of Transportation for its approval with or without amendments or supplemental provisions which may be deemed necessary by them for control of hazards and congestion. In the event that the owner does not comply by submitting said plan within 45 days, the Chief of Police shall draw and submit his plan to the Department of Transportation for its approval. Such plan shall then be submitted for review, acceptance and approval by the Mayor and Council by resolution. Such resolution will cause the plan to become part of this chapter.
Within 45 days of receipt of approval of the
plan, with or without supplemental provisions from the Department
of Transportation of the State of New Jersey, the owner shall complete
the installation of the internal traffic directional lines and necessary
lighting and signs and thereafter maintain said directional lines,
signs and lighting in good working order and so as to be clearly visible
at all times.
An owner may appeal to the Mayor and Council
of the Borough of Emerson from any decision or determination of the
Chief of Police by filing written notice with the Borough Clerk, and
the Mayor and Council shall then designate a date for hearing of such
appeal.
Time for complying by the owner may be extended
for a period of 45 days after determination of the appeal by the Mayor
and Council.
All areas of the subject parking lots are to
be kept free of shopping carts and/or any other obstructions.
The owner may use the parking lot for purposes
other than parking by applying to the Mayor and Council for special
permission for such purposes as Christmas tree sales, flea markets,
charity fairs, etc. Sufficient information as to intent and details
will be required, and permission shall be for limited periods of time.
[Amended 2-18-2003 by Ord. No. 1218]
Any owner who shall fail to perform any of the
acts which he is required to do under the terms of this chapter shall,
for each and every violation, be subject to a fine of not more than
$500 or imprisonment for not more than 90 days, or both, at the discretion
of the Judge, and each and every day that such failure continues shall
be considered a separate and specific violation of this chapter.
