Borough of Washington, NJ Article XVI On-Street Parking for Handicapped

[Added 8-24-1982 by Ord. No. 22-82; amended in its entirety 10-3-2017 by Ord. No. 2017-16]

§ 85-79 Resident handicapped on-street parking.

A. Purpose. The purpose of this section is to establish a restricted parking zone, by ordinance or resolution, in front of a residence occupied by a handicapped person, which person has been issued a windshield placard or wheelchair symbol license plates for the vehicle owned by the handicapped person by the New Jersey Motor Vehicle Commission or Division of Motor Vehicles pursuant to applicable law.

B. Statutory authority. This section is enacted in accordance with N.J.S.A. 39:4-197.6, which does confer upon the Borough a right to establish resident handicapped on-street parking in order to preserve and safeguard the public health, safety and welfare.

C. Criteria:

(1) The person requesting on-street resident handicapped parking is a resident of the Borough of Washington who shall make application to the Borough of Washington. The application shall be reviewed, and approved or denied, by the Borough Manager. A negative determination may be appealed to the Borough Council if a request from the resident aggrieved is received within 20 days from the date of the declination.

(2) The person requesting on-street resident handicapped parking has been issued a wheelchair symbol license plate or windshield placard issued by the New Jersey Motor Vehicle Commission which is properly displayed in either the handicapped resident's vehicle or the vehicle of an immediate family member who also resides at that location. The person requesting on-street parking does not have adequate off-street parking on his/her property.

(3) The subject property passes an on-site inspection by the Department of Public Works, which inspection shall determine whether handicapped parking will interfere with the normal flow of traffic or whether there is immediate adjacent off-street parking available to the applicant.

(4) The applicant complies with the provisions of N.J.S.A. 39:4-138, Subdivision o, and 39:4-197.6, regulating handicapped parking in designated spaces.

(5) Upon approval of an applicant's request for resident handicapped on-street parking, the Borough will enact an appropriate resolution designating the name of the subject street, the side of that street where the resident resides, and a description of the allowed parking area in front of the subject residence. Such designation shall be within the property lines of the subject residence but otherwise shall be subject to the discretion of the Borough Council or its designee.

D. Violations and penalties. Any person improperly parking in a properly designated resident handicapped parking space shall be subject to the penalties under N.J.S.A. 39:4-203 and 39:4-207.7, or shall be subject to a fine and court costs not to exceed the maximum established by statute.

E. In accordance with the provisions of N.J.S.A. 39:4-197.6, a list of on-street locations designated as handicapped parking spaces in front of private residences occupied by handicapped persons shall be maintained in the office of the Borough Manager and be made available for public inspection upon request. Such spaces are for use by persons who have been issued special identification cards or plates or placards by the Division of Motor Vehicles, or a temporary placard issued by the Chief of Police. No other person shall be permitted in these spaces.