All prior ordinances relating to parking lots insofar as the same relate to the regulation of such lots or the establishing of the same by the Borough are hereby revoked and superseded by this article.
[Adopted 5-25-1965 by Ord. No. 413]
[Amended 11-22-1966 by Ord. No. 426]
For the purpose of this article, the following terms shall have the meanings indicated:
Any person, corporation or partnership conducting or operating a business in premises owned or leased by him in the Borough.
A permit issued by the Borough to a businessman or his employees which shall entitle the owner or operator of the vehicle to which the permit is issued to park the same in any parking meter space within the Borough, including any parking space in any municipal lot, including Commuter Lot No. 1, with the exception of any parking or parking meter space in Commuter Lot No. 2, subject to the provisions of this article.
[Amended 7-23-1991 by Ord. No. 683; 5-23-1995 by Ord. No. 745]
Any parking lot primarily designed for commuter parking in which the maximum period for which any vehicle may be parked continuously while the parking meters are in effect shall be 13 hours.
All vehicles parking in a parking meter space shall face the parking meter controlling such space.
Any parking lot primarily designed for parking of shoppers, businessmen or their employees.
Includes any mechanical device or meter placed or erected for the regulation of traffic by authority of this article. Each parking meter installed shall indicate by proper legend the legal parking time established by the Borough and when operated shall at all times indicate the balance of legal parking time and at the expiration of such period shall indicate illegal or overtime parking.
Any space adjacent to a parking meter which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the surface of the pavement.
The space in any lot in which meters are not installed which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the surface of the pavement. In construing this article, "parking space" is deemed to be synonymous with the words "parking meter space."
A person having bona fide residence in the Borough of Ho-Ho-Kus, in the County of Bergen.
A permit issued by the Borough to a resident which shall entitle the owner or operator of the vehicle for which the permit is issued to park the same in any parking meter space or parking space in a commuter lot or municipal lot, subject to the provisions of this article.
[Amended 11-22-1966 by Ord. No. 426]
The following described lots and premises are hereby established and designated as parking lots for the parking of vehicles subject to the provisions of this article, and it is further determined that said lots are necessary for the orderly control of traffic in the Borough of Ho-Ho-Kus, County of Bergen:
A.
Commuter Lot No. 1. Beginning at a point in the westerly line of Cliff Street 50 feet in width, where the same is intersected by the northerly line of lands now or formerly of R. & J. Bench and from said point or place of beginning running thence:
(1)
Westerly along said northerly line of Dench and others, a distance of 310.55 feet; thence
(2)
Northerly along the easterly line of First Street, 60 feet in width, a distance of 250 feet more or less; thence
(3)
Easterly along the southerly side of Brookside Avenue, 50 feet in width, a distance of 399.9 feet more or less; thence
(4)
Southerly along said westerly line of Cliff Street, a distance of 23.71 feet; thence
(5)
Westerly along lands now or formerly of V.F.W. Post 192, a distance of 101.46 feet; thence
(6)
Southerly, still along lands now or formerly of said V.F.W. Post 192, a distance of 40.17 feet; thence
(7)
Easterly, still along lands now or formerly of said V.F.W. Post 192, a distance of 98 feet; thence
(8)
Southerly along said westerly line of Cliff Street a distance of 25.09 feet to a point or place of beginning.
B.
Commuter Lot 2. Beginning at a point in the easterly R.O.W. line of the Erie-Lackawanna R.R. where the same is intersected by the westerly extension of the southerly edge of the concrete platform for the Ho-Ho-Kus Railroad Station, and from said point or place of beginning running thence:
(1)
Southerly along said easterly line of the Erie-Lackawanna R.O.W., a distance of 370 feet more or less; thence
(2)
Easterly a distance of 60 feet more or less; thence
(3)
Northerly parallel to or concentric with the first course herein run, a distance of 370 feet, more or less; thence
(4)
Westerly along the southerly edge of said railroad station platform and its extension easterly a distance of 60 feet more or less to the point or place of beginning.
C.
Municipal Lot A. Beginning at a point in the northerly line of Brookside Avenue 50 feet wide, said point being distant 106.18 feet westerly from the intersection of the said northerly line of Brookside Avenue with the westerly line of Maple Avenue, 60 feet in width, and from the said point or place of beginning running thence:
(1)
Westerly along said northerly line of Brookside Avenue 100.87 feet to a point in the same; thence
(2)
Northerly along lands now or formerly of Rickbar Corp., a distance of 110 feet more or less; thence
(3)
Easterly along the center line of the Ho-Ho-Kus Brook, a distance of 100 feet more or less; thence
(4)
Southerly along lands now or formerly of E. H. Platt, a distance of 73.04 feet to the point or place of beginning.
D.
Municipal Lot B. Being known as a portion of Lot 6 in Block 26 as shown on the current tax assessment map of the Borough of Ho-Ho-Kus, and being more particularly bounded and described as follows: Beginning at a point formed by the intersection of the northerly line of Warren Avenue [50 feet in width as now laid out and used] and the westerly line of Sycamore Avenue [50 feet in width as now laid out and used], and from said point or place of beginning running thence:
[Added 11-22-1966 by Ord. No. 426]
(1)
North 65° 08' west, along the northerly line of Warren Avenue, a distance of 150 feet to a point in the same; thence
(2)
North 24° 33' east, a distance of 248 feet, more or less, to the center line of a brook; thence returning to the point or place of beginning and running thence;
(3)
North 24° 33' east, along the westerly line of Sycamore Avenue, a distance of 252.7 feet, more or less, to the center line of a brook; thence
(4)
Along the center line of a brook, in a general northwesterly direction, a distance of 150 feet, more or less, to a point in the same and the end of the second course herein run.
It is hereby determined and stated that the parking of vehicles in the parking lots provided and maintained by the Borough shall be limited and regulated by the imposition of fees for the privilege of parking thereon, to be determined by the length of time for which a vehicle may be parked, except as otherwise herein provided. Such parking fees shall be payable in advance, except as herein otherwise provided. Such fees are to be collected through parking meters installed in said parking lots, or by the purchase of permits as herein provided.
The area available for the parking of vehicles in every parking lot maintained by the Borough shall be suitably subdivided into parking meter spaces. Every vehicle using such lots shall be parked head-in and entirely within the parking meter space. Any vehicle not parked head-in or in such a position so as to be entirely within the parking meter space or in any area not designated as a parking meter space shall be deemed to be in violation of this article.
Except in a period of emergency determined by an officer of the Police Department, or in compliance with the directions of a police officer or traffic control sign or signal, or except as otherwise herein provided, when any vehicle shall be parked in a parking meter space, the operator of such vehicle shall, upon entering the said parking meter space, immediately deposit or cause to be deposited in such meter such proper coin of the United States of America hereinafter referred to as "coin or coins," as is required for such parking meter, and as is designated by the directions of the meter, and by this article, and after the deposit of the proper coin or coins, shall also set in operation the timing mechanism on such meter in accordance with the directions thereon; and the failure to deposit such coin or coins and to set the timing mechanism in operation when so required shall constitute a violation of this article. Upon the deposit of such coin or coins and the setting of the timing mechanism in operation, the parking meter space may be lawfully occupied by such vehicle for the period of time prescribed for such parking meter space for the payment made by such person. Should any person place a vehicle in a parking meter space which indicates that unused time has been left in the meter by the previous occupant of the space, such person shall not be required to deposit a coin so long as his occupancy of such space does not exceed the indicated unused parking time. If any vehicle shall remain in any parking meter space beyond the unused time limit left in such meter or the time paid for, and such meter shall indicate such illegal parking, then such vehicle shall be considered to be parked overtime and in violation of this article.
[Amended 11-22-1996 by Ord. No. 426; 6-25-1991 by Ord. No. 682; 12-19-2006 by Ord. No. 920]
A.
The time limitations and parking meter fee deposits required by this article shall apply to the parking lots designated as commuter lots, specifically Lower Lot 1 and Upper Lot 2, from 5:00 a.m. to 6:00 p.m., Monday through Friday, inclusive, and to the parking lots designated as municipal lots, specifically Lot A and Lot B, from 6:00 a.m. to 7:00 p.m., Monday through Saturday, inclusive. The aforementioned time limitations and parking machine fee deposits shall not be in effect on Sundays and legal holidays, except that it shall be prohibited and a violation of this article for any vehicle to be parked in any commuter lot or Municipal Lot A on any day between the hours of 4:00 a.m. and 5:00 a.m., except as to residents of the Borough to whom an overnight permit (7:00 p.m. to 6:00 a.m.) has been issued for Municipal Lot A, or in Municipal Lot B from 7:00 p.m. to 6:00 a.m., unless permission therefor shall have been obtained first from the Chief of Police of the Borough.
B.
Any vehicle parked in any parking lot established herein during the period when parking in said lot is prohibited may be towed, under the direction of the officer in charge of the Police Department, to a parking area designated by the Chief of Police and there impounded subject to redemption by the owner upon payment of the cost of towing and storage to the person providing this service, in addition to any fine imposed for the violation of this article.
[1]
Editor's Note: Former § 79-17, Reserved parking spaces, was repealed 6-27-1978 by Ord. No. 519.
[Amended 11-22-1966 by Ord. No. 426; 12-17-1968 by Ord. No. 445; 11-28-1978 by Ord. No. 527; 8-28-1979 by Ord. No. 535; 11-25-1986 by Ord. No. 600; 6-25-1991 by Ord. No. 682; 7-23-1991 by Ord. No. 683; 12-19-2006 by Ord. No. 920; 11-26-2010 by Ord. No. 974; 11-22-2011 by Ord. No. 1000; 8-22-2014 by Ord. No. 1025; 11-25-2014 by Ord. No. 1034; 11-24-2015 by Ord. No. 1044; 11-27-2018 by Ord. No. 2018-13; 12-17-2019 by Ord. No. 2019-29; 10-24-2023 by Ord. No. 2023-89; 12-17-2024 by Ord. No. 2024-101]
A.
The Borough Clerk of Ho-Ho-Kus, (or the Clerk's designee) is hereby authorized to issue the permit described by this article to residents and local businesses or their employees who request the same for a calendar year only, and all permits shall terminate on the last day of the calendar year for which each permit is issued.
B.
The fee to be charged by the Borough Clerk for the resident permits shall be $550 and businessman permits shall be $100. No fee shall be required for permits issued to Borough employees for parking during the regular course of business in Municipal Lot B.
C.
The lawful possession of a local business permit and the display of the permit as herein directed in and upon the vehicle for which it is issued shall authorize the parking of such vehicle within the period for which such permit shall be valid in any available parking machine space within Municipal Lots A and B maintained by the Borough for which the permit is issued as hereinbefore provided without depositing a coin in the parking machine.
D.
All permit fees are payable in full in advance and shall be collected by the Borough Clerk who shall account therefor and pay the same over to the Borough Treasurer as required by law. Every such permit shall be valid only for the period and vehicle for which it is issued. No refund may be had of all or any part of the fee paid for any permit for any reason. No portion of any such lot or parking machine space shall be deemed reserved for the parking of such vehicle nor shall any such permit assure the holder thereof of the availability of any space for the parking of any vehicle for which such permit may be valid. Notwithstanding the provisions of this subsection, a local business permit shall not be valid for the parking in Upper Commuter Lot 2 under the provisions of this article.
E.
All applications for permits must be accompanied by the registration for the vehicle for which the permit is requested to be issued. Other evidence of residence or that the applicant is a bona fide local business or employee of the same may be required if deemed necessary by the Borough Clerk. A permit shall be issued which shall be placed upon the lower left corner of the right rear window of the vehicle for which the permit is issued; provided, however, that if such vehicle has no rear window, the permit may be placed at such other place on the vehicle as the Police Department shall direct which shall conform to the provisions of N.J.S.A. 39:3-74. Said permit shall designate the year for which it shall be in effect, the license number of the vehicle for which it is issued and the legend "Resident Permit" or "Local Business Permit."
F.
Where the owner of a vehicle for which a permit has been issued sells or otherwise disposes of such vehicle and the permit issued for such vehicle is in force and unexpired, the permit may be transferred to another vehicle if the owner shall apply to the Borough Clerk for a replacement of the original permit and submit the registration for the substituted vehicle. Upon satisfaction of these requirements, the Borough Clerk shall issue a replacement permit without charge, to be affixed to the substitute vehicle as hereinbefore provided.
[Amended 11-22-1966 by Ord. No. 426; 12-17-1968 by Ord. No. 445; 3-25-1980 by Ord. No. 546; 11-27-1990 by Ord. No. 671; 5-28-1996 by Ord. No. 761; 12-19-2006 by Ord. No. 920; 4-23-2013 by Ord. No. 1019;[1] 2-28-2017 by Ord. No. 2017-01; 12-17-2019 by Ord. No. 2019-29; 12-17-2024 by Ord. No. 2024-101]
A.
In the Upper Commuter Lot 2, parking shall be by permit only and only during the hours from 6:00 a.m. to 7:00 p.m.
B.
In the Lower Commuter Lot 1 and Municipal Lot A and for machines installed on public streets, the fee to be charged for parking during the period that the parking machines are in effect shall be $8 for a day max.
[1]
Editor's Note: This ordinance stated that the rate set forth therein would become effective on 5-1-2013.
[Amended 11-22-1966 by Ord. No. 426; 1-25-1977 by Ord. No. 501; 12-19-2006 by Ord. No. 920]
The Borough shall purchase, lease, install, remove or revise the parking machine metering system as the Mayor and Council shall from time to time, pursuant to resolution, determine necessary or desirable to carry out its purposes in furnishing controlled parking.
[Amended 11-22-1966 by Ord. No. 426]
A.
The driveways to Commuter Lot 1 are located on the west side of First Street, and the more northerly driveway is hereby designated as the entrance only, and the more southerly driveway is hereby designated as the exit only.
B.
The entrance and exit to Municipal Lot B shall only be from the driveway located on Sycamore Avenue.
All operators of vehicles using the parking lots established hereunder and the entrances and exits thereto shall comply with all directional signs painted on the pavement and posted in the area and with all of the requirements of this article, and any violation thereof shall constitute a violation of this article and shall be punishable as hereinafter provided.
All trucks over a one-and-one-half-ton capacity are prohibited from parking in any of the lots established hereunder.
All through traffic is prohibited in the parking lots established hereunder, and it shall be a violation of this article for any vehicle to be operated in, on, or over said lots, except for the purpose of ingress to and egress from said lots in connection with the use thereof in parking such vehicle.
It shall be a violation of this article for any person to deface, damage, tamper with, open, remove or willfully break, destroy or impair the usefulness of any parking meter installed hereunder.
It shall be unlawful to deposit, or cause to be deposited, any slug, device, substance or metallic or other article other than a United States coin in any parking meter.
The Police Department of the Borough of Ho-Ho-Kus shall enforce this article, and the officer observing a violation shall make a record of such violation, including the number of the parking meter designated for the parking meter space where the violation occurred, the state license or registration number of the vehicle, the date concerning overtime parking and any other pertinent details.
[Amended 2-24-2004 by Ord. No. 885]
Unless another fine is expressly provided for by the New Jersey statutes, every person convicted of a violation of a provision of this article or any supplement thereto shall be liable for a fine of not more than $60 or imprisonment for a term not exceeding 15 days, or both.
All references in this article to time are to prevailing time.
The provisions of this article shall be severable, and if for any reasons any section or provision hereof shall be determined to be unconstitutional or invalid, the same shall not be held to affect any other section or provision hereof.
All ordinances and parts of ordinances or amendments or supplements thereto, inconsistent with the provisions of this article, are repealed, and this article shall take effect at the time and in the manner prescribed by law.