The parking spaces described in Schedule XXIV, attached to and made a part of this chapter, are hereby
designated for use by persons who have been issued special vehicle
identification cards by the Division of Motor Vehicles pursuant to
the provisions of Section 2 of P.L. 1949, c. 280 (N.J.S.A. 39:4-205),
when using a motor vehicle on which is displayed a certificate, for
which a special vehicle identification card has been issued, pursuant
to Section 3 of said law (N.J.S.A. 39:4-206), and no person shall
park his vehicle within such spaces unless such person and vehicle
satisfy the criterion set forth herein.
[Added 12-20-2022 by Ord. No. 22-21]
A. Purpose. The purpose of the section is to establish an expedited
procedure for the application, review and issuance of restricted on-street
parking areas for parking by a handicapped person, which person has
been issued a windshield placard or wheelchair symbol license plate
for the vehicle owned by the handicapped person, or a vehicle owned
by a member of the immediate family who resides with the handicapped
person throughout the City of Englewood.
B. Application and requirements for handicapped parking.
(1)
Any resident requesting the issuance of a designated handicapped
parking space in the City of Englewood must complete, file and submit
a formal application with the City Manager along with the associated
fees. All handicapped parking spaces shall be subject to annual renewal.
(2)
The application shall require the applicant to provide the following
documentation:
(a)
The applicant must possess a disabled person identification
card issued by the New Jersey Motor Vehicles Commission.
(b)
The applicant must furnish to the City a valid motor vehicle
registration for the vehicle requiring the space and, if the applicant
is the vehicle operator, a valid motor vehicle operator license.
(c)
The applicant may request a designated handicapped parking space
only for the applicant's place of residence.
(d)
An applicant wishing to further restrict the space to use only
by a vehicle bearing a specific license plate number may expressly
request the said restriction in his or her application, while noting
the license number in the said application. An applicant wishing to
add such a restriction to an already existing handicapped space or,
conversely, an applicant wishing to remove such a restriction, may
so request by filing an amended application.
(3)
The completed application, together with the required documentation
and the appropriate fees as required, shall be submitted with the
City Manager and shall constitute a request for a designated handicapped
parking space.
C. Parking Review Committee.
(1)
There is hereby established a Parking Review Committee to review
and approve the placement of on-street handicapped parking. The Parking
Review Committee shall also conduct an annual review of designated
handicapped spaces throughout the City of Englewood. The members of
the Parking Review Committee shall be the City Manager, the Chief
of Police, or his/her designee and the Director of Public Works.
(2)
Upon completion of the application together with the required
documentation required above and the submission of the appropriate
fees, if any, the request for a designated handicapped parking space
shall be forwarded to the Committee to review, approve and/or deny
said request.
(3)
The Parking Review Committee shall annually review all designated
handicapped parking spaces throughout the City of Englewood. The Committee
may request from a recipient/beneficiary of a designated handicapped
parking documentation indicating that a valid and continued need for
the handicapped parking space exists. In the event that such documentation
is not received within 30 days of the request, the Parking Review
Committee may direct the Department of Public Works to remove the
handicapped parking space sign at that location and a resolution or
ordinance will be presented to the City Council to repeal the designated
handicapped parking space.
D. Grounds for denial of application. Notwithstanding an applicant's compliance with Subsection
C above, an application for handicapped parking space shall be denied if:
(1)
Pursuant to applicable state or municipal law, the parking of
motor vehicles is prohibited at the location of the requested handicapped
parking space or the permitting of such parking would interfere with
the normal flow of traffic;
(2)
The applicant is the owner of the property at which the space/area/zone
is to be designated and has reasonable access to a driveway on the
property or reasonable access to some other area of the property which
may achieve the requested purpose of the application;
(3)
For purposes of the request for a designated handicapped parking
space, the applicant is not the operator of the vehicle for which
the handicapped parking space is required, unless the State of New
Jersey, Motor Vehicles Commission, has issued the applicant a windshield
placard or wheelchair symbol license plates for a vehicle owned by
the handicapped person or owned by another occupant of the residence
who is a member of the immediate family of the handicapped person;
(4)
For purposes of the request for a designated handicapped parking
space, the applicant resides, either as a tenant or an owner, which
provides off-street parking and has reasonable access to said parking
and/or an on-street handicapped parking space has already been designated;
or
(5)
Due to the lack of on-street parking available, the City is
unable to accommodate and/or approve the request.
E. Appeal of denial.
(1)
When an applicant has been denied a request for a handicapped parking space by the Parking Review Committee on the basis of the criteria contained in Subsection
D of this section, the applicant has the right to appeal, within 10 days of such denial, to the Englewood City Council by filing a written notice to the City Clerk.
(2)
Denials based upon the failure to provide or comply with Subsection
B hereof are not subject to appeal to the Council of the City of Englewood.
F. Approval of handicapped parking space.
(1)
Upon approval of a request for a handicapped parking space,
the Parking Review Committee shall forward said request for passage
of a resolution approving said request by the City Council at the
following City Council Meeting. Upon approval of said resolution designating
said handicapped space, the applicant shall receive correspondence
notifying the applicant that the space has been so designated and
the Department of Public Works shall be notified for the installation
of the appropriate signage.
(2)
The City Council shall semiannually adopt an ordinance confirming
the resolution/s of approval of the approved handicapped parking spaces.
The final passage of the ordinance shall not delay the installation
of the appropriate signage, the effectiveness of the approval and/or
the enforcement of the parking regulations.
(3)
The recipient and/or beneficiary of the designated parking space
shall have a continued duty and/or obligation to the City of Englewood
to advise the City in the event that the designated handicapped parking
space is no longer required and to pay any associated fees established
by the City relating to the continuation of the designated handicapped
parking place.
G. Inconsistency. All ordinances or parts of ordinances inconsistent
with the provisions of this ordinance are hereby repealed as to such
inconsistency only. Nothing herein shall effect the designated handicapped
spaces that pre-date the within ordinance, except that those recipients
shall have the continued obligations contained herein.
H. Severability. If any provision of this section is declared invalid,
such invalidity shall not effect the other provisions of this section.
Furthermore, the other provisions of this section are deemed to be
severable and remain in full force and effect.
I. When effective. This section shall take effect upon final passage
and publication according to law.