Borough of Wharton, NJ Article II Parking

§ 315-3 Regulations not exclusive.

The provisions of this chapter imposing a time limit on parking shall not relieve any person of the duty to observe other more restrictive provisions prohibiting or limiting the stopping, standing or parking of vehicles as set forth in N.J.S.A. 39:4-138, any other New Jersey Statue or as hereinafter provided.

§ 315-4 Tow-away.

Any vehicle parked in violation of this chapter shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. The owner shall bear the reasonable costs of removal and storage, which may result from such removal before regaining possession of the vehicle.

§ 315-5 Parking prohibited during state of emergency.

A. Upon the declaration of an emergency, there shall be no parking upon any street or part of the street within the Borough where temporary emergency no parking signs are displayed. The Chief of Police or, in his absence, the ranking police officer is authorized to declare an emergency and to direct the posting of the emergency no parking signs when weather conditions, accidents, fires or public celebrations dictate or require the avoidance of hazards or other conditions which interfere with the free flow of traffic. Notification that emergency no parking signs are being or will be posted shall be given to the operator or owner of any vehicle which has been parked prior to the posting of the signs.

B. Any unoccupied vehicle parked or standing in violation of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any police officer may provide for removal of the vehicle. The owner shall pay the reasonable costs of the removal and storage that may result from the removal, before regaining possession of the vehicle.

C. The effectiveness of this section is contingent on signs being erected as required by law.

§ 315-6 Designation of snow emergency no-parking areas.

A. Whenever snow has fallen and the accumulation is such that it covers the street or highways, no vehicle shall be parked on any of the streets or parts thereof located in the Borough of Wharton. The above parking prohibitions shall remain in effect after the snow has ceased until the streets have been plowed sufficiently and to the extent that parking will not interfere with the normal flow of traffic.

B. Removal of vehicles. Any unoccupied vehicle parked or standing in violation of this section B shall be deemed a nuisance and a menace to the safe and proper regulation of traffic, and any peace officer may provide for the removal of such vehicle. Before regaining possession of the vehicle, the owner shall pay the reasonable costs of the removal and storage that may result from such removal.

C. The effectiveness of this section is contingent on signs being erected as required by law.

§ 315-7 Parking, stopping or standing prohibited at all times on certain streets.

A. No person shall park a vehicle at any time upon any of the streets or parts thereof described below:

Name of Street	Side	Location
Baker Avenue	North	From Thomas Street to Stickle Avenue
Bermingham Lane	North and South	Entire length
Columbia Street	North	Starting at the apex of the easterly corner of the intersection of Columbia Street and Lafayette Street 160 feet east and prohibiting parking for 300 feet
Cutler Street	North	From South Main Street to Park Street
East Central Avenue	North	From South Main Street to Second Street
East Central Avenue	South	From Lafayette Street to Stickle Avenue running east for 86 feet 6 inches
East Central Avenue	North	From Lafayette Street to Main Street
East Dewey Avenue [Repealed 6-8-2020 by Ord. No. O-10-20]
East Dewey Avenue [Repealed 6-8-2020 by Ord. No. O-10-20]
East Dewey Avenue [Added 10-20-2014 by Ord. No. O-16-14; repealed 6-8-2020 by Ord. No. O-10-20]
East Sterling Street [Amended 5-23-2016 by Ord. No. O-12-16]	South	A distance of 400 feet east, starting 160 feet east of the apex of the easterly corner of the intersection of East Sterling Street and Lafayette Street from South Main Street to Division Street
Elizabeth Street [Added 10-20-2014 by Ord. No. O-16-14; amended 11-13-2017 by Ord. No. O-18-17]	North	Commencing at the intersection of State Highway 15 running west for a distance of 127 feet
Elizabeth Street [Added 10-20-2014 by Ord. No. O-16-14; amended 11-13-2017 by Ord. No. O-18-17]	South	Commencing at the intersection of State Highway 15 running west for a distance of 478 feet.
Elm Street	East	Entire length
Elm Street	West	Entire length
Fern Avenue	North	Entire length
Gallagher Lane	North	From West Central Avenue to Kice Avenue
Gallagher Lane	South	Entire length
Grove Street	South	From Church Street to Third Street
Hance Street [Added 7-18-2016 by Ord. No. O-15-16]	East	Entire length
Harry Shupe Boulevard	North	Entire length
Harry Shupe Boulevard	South	From North Main Street for a distance of 458 feet east to the intersection of Roadway A
Harry Shupe Boulevard	South	From the Roadway B intersection for a distance of 224 feet east to the end of the roadway
High Street	North	Entire length
High Street [Added 3-13-2023 by Ord. No. O-04-23]	South	Commencing at the west curbline of Luxemburg Avenue running west for a distance of 113 feet
Irondale Road	South	Entire length
Kice Avenue	North	Entire length
Kossuth Street [Added 12-30-2019 by Ord. No. O-21-19]	South	Entire length
Lafayette Street [Added 12-30-2019 by Ord. No. O-21-19]	East	Commencing at the intersection of Fern Avenue and running south for a distance of 266 feet
Lane Way [Added 5-23-2016 by Ord. No. O-12-16]	East	From South Main Street for a distance of 172 feet
Lane Way [Added 5-23-2016 by Ord. No. O-12-16]	West	From Bermingham Lane to South Main Street
Langdon Avenue	South	From the easterly apex of Sunset Drive to a distance of 100 feet west
Langdon Avenue	North	From the west curbline of North Main Street to a point 60 feet westerly therefrom
Langdon Avenue	South	Entire length
Laurel Street [Repealed 11-13-2017 by Ord. No. O-18-17]
Laurel Street	South	Entire length
Luxemburg Avenue [Added 3-13-2023 by Ord. No. O-04-23]	East	From the north curbline of West Dewey Avenue to a point 90 feet northernly therefrom
Luxemburg Avenue [Added 3-13-2023 by Ord. No. O-04-23]	East	From the south curbline of High Street to a point 52 feet westerly therefrom
Luxemburg Avenue	West	Entire length
Maple Terrace	West	Entire length
Meadow Avenue	North	From the east curbline of North Main Street to a point 100 feet easterly therefrom
Meadow Avenue	North	From the west curbline of North Main Street to a point 70 feet easterly therefrom
Mill Street	South	A distance of 60 feet from the intersection of Robert Street
North Main Street	East	From Ross Street to East Dewey Avenue
North Main Street	West	From Luxemburg Avenue to West Dewey Avenue
North Main Street	West	From the intersection of Ross Street southerly to the Rockaway River Bridge
North Main Street	East	From Oakhurst Lane to the North Main Street extension of Route 15
North Main Street	West	A distance of 150 feet north from Oakhurst lane to Interstate Route 80 bridge
North Main Street	East	From Oakhurst Lane to a point of 125 feet south
North Main Street	West	From the New Jersey Transit Bridge No. 40.17 north a distance of 90 feet
North Main Street [Repealed 12-30-2019 by Ord. No. O-21-19]
North Main Street	East	From the southern curbline of Meadow Avenue to a point 340 feet southerly therefrom
North Main Street	East	From the southern curbline of Meadow Avenue to a point 660 feet northerly therefrom
North Main Street	West	From the southern curbline of Langdon Avenue to a point 350 feet southerly therefrom
North Main Street	West	From the northern curbline of Langdon Avenue to a point 230 feet northerly therefrom
North Main Street [Added 12-30-2019 by Ord. No. O-21-19]	East	From Kossuth Street to Washington Street
Oakhurst Lane	Both	Entire length
Oram Drive	West	Entire length
Orange Street [Amended 10-20-2014 by Ord. No. O-16-14; 11-13-2017 by Ord. No. O-18-17]	South	From South Main Street to Ford Avenue
Orchard Street [Added 12-30-2019 by Ord. No. O-21-19]	West	Entire length
Oxford Road [Added 12-30-2019 by Ord. No. O-21-19]	South	Commencing at a point 130 feet east of Pine Street and running 265 feet
Pine Street	Both	From North Main Street the entire length to West Central Avenue
Robert Street	West	Between West Central Avenue and Kice Avenue
Robert Street	West	From Clarence Street to West Sterling Street
Robert Street	East	From Mill Street to West Clarence Street
Second Street	East	Entire length
South Main Street	East	Between Oak Lane and Thomas Street
South Main Street [Repealed 4-25-2022 by Ord. No. O-09-22]
South Main Street [Amended 11-13-2017 by Ord. No. O-18-17]	West	Between Sterling Street and Clarence Street
South Main Street	East	A distance of 100 feet north and south of the intersection of Sterling Street
South Main Street [Added 3-13-2023 by Ord. No. O-04-23]	West	Commencing at a distance of 79 feet south of the southwest curbline of West Central Avenue running for 211 feet
South Main Street	West	Between Sterling and Hance Street
Spring Street	North	Entire length
Spring Street	South	Entire length
St. Mary's Street	South	From South Main Street a distance of 100 feet
Thomas Street	South	From Main Street to Robert Street
Trowbridge Lane	Both	Entire length
Washington Street	East	From a point 100 feet south of the center line of North Main Street (CR 634) to its intersection with Kossuth Street
Washington Street [Added 12-30-2019 by Ord. No. O-21-19]	West	From Kossuth Street to Fern Avenue
West Central Avenue [Added 12-30-2019 by Ord. No. O-21-19]	North	From a point 593 feet west of Burns Street and running west for 77 feet
West Central Avenue [Added 12-30-2019 by Ord. No. O-21-19]	North	From Pine Street and running 225 feet
West Central Avenue	North	Between South Main Street and the railroad tracks
West Central Avenue	South	From the railroad tracks to the Rockaway River Bridge on West Central Avenue
West Dewey Avenue [Repealed 6-8-2020 by Ord. No. O-10-20]
West Dewey Avenue [Repealed 6-8-2020 by Ord. No. O-10-20]
West Sterling Street [Amended 11-13-2017 by Ord. No. O-18-17]	North	From South Main Street the entire length
West Sterling Street [Amended 11-13-2017 by Ord. No. O-18-17]	South	From Port Oram Drive west for 125 feet

B. No person shall stop or stand a vehicle at any time upon any of the streets or parts thereof described below:

[Added 6-8-2020 by Ord. No. O-10-20]

Name of Street	Side	Location
Chegwidden Way [Added 6-14-2021 by Ord. No. O-13-21]	East	Entire length
Chegwidden Way [Added 6-14-2021 by Ord. No. O-13-21]	West	Entire length
East Dewey Avenue	North	Entire length
East Dewey Avenue [Added 6-14-2021 by Ord. No. O-13-21]	South	From the intersection of Chegwidden Way running east to State Highway 15
East Dewey Avenue [Added 6-14-2021 by Ord. No. O-13-21]	South	From the intersection of Chegwidden Way running west for 130 feet
East Dewey Avenue	South	A distance of 100 feet from North Main Street
East Dewey Avenue [Added 6-14-2021 by Ord. No. O-13-21]	South	From the intersection of North Main Street running east for 945 feet
East Dewey Avenue	South	Commencing at the intersection of State Highway 15 running west for a distance of 1,442 feet
West Central Avenue [Added 3-1-2022 by Ord. No. O-03-22]	South	From the intersection of South Main Street running west for 75 feet
West Dewey Avenue	North	From North Main Street to West Central Avenue
West Dewey Avenue	South	From North Main Street to West Central Avenue

§ 315-8 Parking time limited on certain streets.

No person shall park a vehicle for longer than the time limit between the hours listed on any day upon any of the streets or parts of streets described below:

Name of Street	Side	Limit	Hours/Days	Location
East Union Turnpike [Added 9-28-2015 by Ord. No. O-15-15]	Both, including shoulder	None	3:00 a.m. to 6:00 a.m.	Between East Dewey Avenue and terminus
Fern Avenue [Added 5-10-2010 by Ord. No. O-06-10]	South	None	8:00 a.m. to 2:00 p.m./Fridays	Between North Main Street and Lafayette Street
North and South Main Street	Both	2 hours	7:00 a.m. to 7:00 p.m.	Between Mill Street and Pine Street
North Main Street [Added 3-13-2023 by Ord. No. O-04-23]	West	15 minutes	5:00 a.m. to 8:00 p.m. Monday to Saturday	Commencing at a point 36 feet north of the northwest curbline of West Central Avenue running north for a distance of 18 feet
Robert Street [Added 12-27-2016 by Ord. No. O-20-2016]	East	1 hour	8:00 a.m. to 5:00 p.m./Monday to Friday	Between the intersection of Robert Street and West Central Avenue running south for 176 feet
South Main Street [Added 3-13-2023 by Ord. No. O-04-23]	West	15 minutes	9:00 a.m. to 6:30 p.m. Monday to Friday, 9:00 a.m. to 5:00 p.m. Saturdays	Commencing at a point 91 feet north of the northwest curbline of Mill Street and running north for a distance of 18 feet
South Main Street [Added 9-11-2023 by Ord. No. O-13-23]	West	15 minutes	6:00 a.m. to 8:00 p.m. Monday to Saturday	Commencing at a point 38 feet south of the southwest curbline of West Central Avenue running south for 19 feet
South Main Street [Added 9-11-2023 by Ord. No. O-13-23]	East	15 minutes	8:00 a.m. to 5:00 p.m. Monday to Saturday	Commencing at a point 130 feet south of the southeast curbline of East Central Avenue running south for 23 feet
South Main Street	Both	2 hours	7:00 a.m. to 7:00 p.m.	Between Cutler Street and Route 46
West Central Avenue [Added 12-27-2016 by Ord. No. O-20-2016]	South	1 hour	8:00 a.m. to 5:00 p.m./Monday to Friday	Between the intersection of Robert Street and West Central Avenue running east for 109 feet

§ 315-9 Parking prohibited in school zones.

[Amended 10-20-2014 by Ord. No. O-16-14; 8-13-2018 by Ord. No. O-15-18]

A. No person shall stop or stand a vehicle during the school year on days that the school is in session between the hours of 7:30 a.m. and 3:30 p.m. upon any of the following described streets or parts of streets:

Name of Street	Side	Location
Dennison Way	Both	Commencing at the intersection of East Central Avenue to Baker Avenue
East Central Avenue	North	Commencing at the intersection of Dension Way running west for 66 feet
East Central Avenue	North	Commencing at the intersection of Lafayette Street running east for 51 feet
East Central Avenue	North	Commencing at a point 355 feet east of Lafayette Street intersection and running a distance of 328 feet
East Central Avenue	South	Commencing at the intersection of Dension Way running east for 631 feet
East Central Avenue	South	Commencing at the intersection of Lafayette Street to Denison Way
Lafayette Street [Amended 12-30-2019 by Ord. No. O-21-19]	West	Commencing at the intersection of Fern Avenue to Baker Avenue
Lafayette Street [Added 12-30-2019 by Ord. No. O-21-19]	East	Commencing at a point 266 feet south of Fern Avenue running south to Baker Avenue

B. No person shall park a vehicle during the school year on days that the school is in session between the hours of 7:30 a.m. and 3:30 p.m. upon any of the following described streets or parts of streets:

Name of Street	Side	Location
East Central Avenue	North	Commencing at a point 215 feet east of Denison Way running east for a distance of 466 feet

§ 315-10 Parking in municipal parking lots.

[Amended 6-13-2011 by Ord. No. O-12-11; 7-14-2014 by Ord. No. O-12-14; 12-27-2016 by Ord. No. O-20-2016; 12-17-2018 by Ord. No. O-21-18; 12-30-2019 by Ord. No. O-21-19; 1-24-2022 by Ord. No. O-19-21]

A. Parking rules for all municipal lots.

(1) Permit required for designated spaces, overnight parking; snow removal restrictions.

(a) Unless authorized by the Police Department, no vehicle without a then current yearly permit issued by the Borough of Wharton shall be parked in any municipal parking lot from 3:00 a.m. to 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. No vehicle shall be parked in a permitted space at any time without a valid permit for the corresponding space.

(b) Unless authorized by the Police Department, no parking in a municipal lot shall be permitted for 24 hours after the cessation of snowfall or sleet or the accumulation of slush or ice in the parking lot, or until the lot has been cleared. It shall be the responsibility of the individual who obtained a permit to remove the vehicle from the parking lot. At the direction of the Police Department, all vehicles shall be removed for that period of time specified, to permit the Borough to plow, sand or apply rock salt as needed. In the event a vehicle is not removed, the Borough will make arrangements for the vehicle to be towed. All towing charges will be imposed upon the vehicle owner. Towing charges will be in addition to the penalty prescribed in § 315-2.

(c) Permits shall not be issued to any truck, tractor trailer, trailer, semi-trailer or omnibus having a registered gross weight in excess of 8,000 pounds (four tons).

(2) Permit fee. The nonrefundable fee for each permit shall be a) $300 per year, or any part thereof, for applicants 64 years of age or younger and b) $150 per year, or any part thereof, for applicants 65 years of age or older. Permits will be available for the year beginning February 1 each year. The permit fee shall be due at the time of the purchase of the permit. Current permit holders are permitted to roll over their existing permits as long as they notify the Municipal Clerk of their intention to do so by January 15 each year. In the event that more permits are sought than are available, permits will be issued through a lottery.

(3) Revocation of permit. Repeated violations of any of the above rules shall lead to revocation of the permit by the Chief of Police. In the event that any person does not agree with the decision to revoke the permit, he/she may appeal to the Administrator. The decision of the Administrator will be final.

(4) Vehicles shall be parked within the lines.

(5) Mirror tags, provided by the Police Department, shall be hung from the rear-view mirror with the permit information facing out. The mirror tag shall be kept clean and visible. Permits must be removed when the vehicle is not parked.

(6) The Chief of Police is granted the authority to temporarily suspend parking rules.

B. Parking shall be designated in the municipal lots as follows:

(1) Library parking lot (Lot "L").

(a) The 14 spaces abutting Robert Street on the western side of the lot are designated as "Permit Parking Only." Parking permits for this section of the lot will begin with L1 and end with L14. Each permit will coincide with the numbered space assigned to it.

(b) The 22 spaces in the center of the lot are designated as "Library Use Only." Public parking is permitted in these spaces when the library is closed, but in no event from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(c) The five spaces on the southwest side of the lot are designated as "Library Use Only." Public parking is permitted in these spaces when the library is closed, but in no event from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(d) The four spaces on the southeast side of the lot are designated as "Permit Parking Only." Parking permits for this section of the lot will begin with L15 and end with L18. Each permit will coincide with the numbered space assigned to it.

(e) The two spaces on the east side of the lot, nearest the library building, are designated "Handicapped Parking." Handicapped parking is permitted in these spaces when the library is closed, but in no event from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(2) Municipal Building Parking Lot (Lot "MB").

(a) The Municipal Building Parking Lot is located on the eastern side and the southern side of the Municipal Building, with access from West Central Avenue and Robert Street.

(b) The first six spaces starting from West Central Avenue, adjacent to the Municipal Building, are designated "For Municipal Business Only" on Mondays through Fridays, from 8:30 a.m. through 4:30 p.m., with the exception of the first Thursday of every month, when such designation shall be from 8:30 a.m. through 7:30 p.m. Public parking is permitted in these spaces when the Municipal Building is closed, but in no event from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(c) The next 12 spaces are designated "Employee and Borough-Owned Vehicle Parking Only." Only Borough employee vehicles and Borough-owned vehicles are permitted to park in these spaces on Mondays through Fridays, from 8:30 a.m. through 4:30 p.m., with the exception of the first Thursday of every month, when such designation shall be from 8:30 a.m. through 7:30 p.m. Public parking is permitted in these spaces when the Municipal Building is closed, but in no event from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(d) The eight spaces in the farthest east lot are designated "Main Street Business Parking Only." A vehicle shall not be parked in these spaces for more than three consecutive hours. No vehicles shall be parked in these spaces from 3:00 a.m. to 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(e) The first two spaces closest to Robert Street on the northern side of the lot to the south of the Municipal Building adjacent to the Police Department are designated "Handicapped Parking." As these two spaces are also available for Police Department visitors, they are not subject to the overnight parking prohibition set forth in Subsection A(1)(a) hereinabove.

(f) The next four spaces on the northern side of the lot to the south of the Municipal Building adjacent to the Police Department are designated "Police Department Visitors Only." Violations are subject to ticket and tow.

(g) All six spaces on the southern side of the lot to the south of the Municipal Building are designated "Employee Parking Only." Borough employee vehicles and Borough-owned vehicles are exempt from any overnight parking prohibition. Violations are subject to ticket and tow.

(3) The entire parking area located on the west side of the Municipal Building adjacent to the Police Department is designated "Police Vehicles Only," with the northwesternmost space designated for the Business Administrator. Violations are subject to ticket and tow.

(4) When the Municipal Building is open, vehicles may be temporarily parked, along the curbside, in the Borough driveway to the west of the Municipal Building. A vehicle shall not be parked in this driveway for more than 60 consecutive minutes and must be parked in a way which allows the driveway to remain passable. Entry into the driveway shall only be from West Central Avenue and egress shall only be via Robert Street. Violations are subject to ticket and tow.

(5) Concialdi Park (Robert Street Park) (Lot "C").

(a) The westernmost space of the upper lot, off of West Sterling Street, shall be designated "Handicapped Parking." Parking is not permitted in this space from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(b) The next five spaces shall be designated "Permit Parking." Parking permits for this section of the lot will begin with C1 and end with C5. Each permit will coincide with the numbered space assigned to it.

(c) The next six spaces shall be designated "Public Parking." Parking is not permitted in these spaces from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(d) The southeasternmost space of the lower lot, off of Robert Street, shall be designated "Handicapped Parking." Parking is not permitted in this space from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(e) The next seven spaces shall be designated "Public Parking." Parking is not permitted in these spaces from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(f) The eight spaces in the northern portion of the lower lot, off of Robert Street, shall be designated "Permit Parking." Parking permits for this section of the lot will begin with C6 and end with C13. Each permit will coincide with the numbered space assigned to it.

(6) West Dewey Avenue Parking Lot (Lot "WD").

(a) Beginning from the northwestern corner of the lot, the first five spaces shall be designated "Permit Parking." Parking permits for this section of the lot will begin with WD1 and end with WD5. Each permit will coincide with the numbered space assigned to it.

(b) The next two spaces shall be designated "Public Parking." Parking is not permitted in these spaces from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(c) The next space, in the northeastern corner of the lot, shall be designated "Handicapped Parking." Parking is not permitted in this space from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

(d) All 10 spaces on the southern side of the lot shall be designated "Public Parking." Parking is not permitted in these spaces from 3:00 a.m. through 7:00 a.m. Borough employee vehicles and Borough-owned vehicles are exempt from this overnight parking prohibition. Violations are subject to ticket and tow.

§ 315-11 Parking of heavy vehicles.

A. Parking restricted. No person shall park a truck, tractor trailer, trailer, semi-trailer or omnibus having registered gross weight in excess of 8,000 pounds (4 tons) upon any street in the Borough of Wharton between the hours specified below:

	Name of Street	Sides	Hours	Locations
	All streets	Both	9:00 p.m. to 5:00 a.m.	All

B. It shall be unlawful for the owner or operator of any truck, tractor-trailer or combination to drop or disengage the trailer combination or permit said vehicle to stand upon any portion of public streets, avenues, or highways of the Borough of Wharton at any time except for emergencies or with proper unloading facilities.

C. Exceptions.

(1) The provisions of this section shall not apply to:

(a) Vehicles of the Borough of Wharton, fire apparatus, ambulances or vehicles engaged in the work of a public utility.

(b) Vehicles actually engaged in making deliveries or rendering services in or upon the property adjacent to the street where said vehicle is parked.

(2) Disabled vehicles may be parked for a period not to exceed 48 hours, provided that the Police Department is notified in writing that the vehicle is disabled.

§ 315-12 Parking for the handicapped.

A. Restrictions.

(1) No person shall park a vehicle in any parking space designated and marked as being set aside for the physically handicapped in any parking facility unless said vehicle shall have affixed thereto an identification certificate, marker or special license plates issued by the Division of Motor Vehicles.

(2) Parking in a space designated for physically handicapped without the aforesaid vehicle identification shall create a rebuttable presumption that use of the space was not for the physically handicapped.

B. Penalties. Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card shall be liable to a fine of $250 for the first offense, and, for subsequent offenses a fine of at least $250 and up to 90 days' community service on such terms and in such forms as the court shall deem appropriate, or any combination thereof.

C. Parking space identification. For each space or group of spaces so set aside for handicapped parking, it shall be identified by a clearly visible sign displaying the international symbol of access, along with wording stating that the space is reserved for physically handicapped only.

D. Locations.

(1) On-street parking spaces reserved for handicapped persons. Pursuant to the authority granted to this municipality by N.J.S.A. 39:4-197, the following locations are hereby designated as restricted parking spaces for use by persons who have been issued special vehicle identification cards. No other person shall be permitted to park in these spaces.

	Name of Street	Side	Location
	(Reserved)

(2) Handicapped parking spaces on municipal property. In accordance with the provisions of § 315-10C, the following locations are hereby designated as restricted parking spaces for use by persons who have been issued special identification cards. No other person shall be permitted to park in these spaces:

(a) Wharton Public Library Parking Lot.

(b) Wharton Public School Parking Lot.

(3) Handicapped parking spaces on private property. The following locations are hereby designated as restricted parking spaces for use by persons who have been issued special identification cards. No other person shall be permitted to park in these spaces:

(a) Wharton Mall Shopping Center Parking Lot.

§ 315-13 Road markings.

[Added 7-18-2016 by Ord. No. O-16-16]

A. When the Director of Public Works shall cause lines or appropriate markings to be painted on the surface of a municipal roadway outlined and designated each parking space, every vehicle shall be parked within the lines or markings.

B. It shall be unlawful for any operator to park any vehicle outside of the lines or markings or to park any vehicle in such a position that it shall not be entirely within the space designated by the lines or markings.

§ 315-14 Permit parking.

[Added 12-30-2019 by Ord. No. O-21-19]

A. Parking restrictions in residential zones.

(1) No person shall park a vehicle without a valid permit upon any of the streets or parts of streets as described below.

(2) The Borough of Wharton Police Department is hereby authorized to issue a parking permit upon written application therefor. Each permit shall be designated by the Chief of Police or his or her designee to state or reflect thereon the particular residential street or part of street as well as the license plate number of the motor vehicle for which it is issued. No more than one parking permit shall be issued to each motor vehicle for which application is made. The Chief of Police is authorized to issue such rules and regulations not inconsistent with this section governing the manner in which persons shall qualify for permits.

(3) Parking permits shall be issued for each motor vehicle(s) only upon application by the following persons:

(a) Residential parking permit or new resident temporary parking permit. A legal resident of the residential street or part of street who has a motor vehicle registered in his/her name or proof that a government or corporate vehicle is available for his/her exclusive use and under his/her exclusive control; and owns or leases a property for which no off-street parking is available to residents, whether free of charge or for a separate fee or rent. Proof of residency (deed or lease) is required.

(b) Nonresidential parking permit. A person who owns or leases commercial property and is actively engaged in a business located within a residential permit parking area or is an employee thereof (current pay stubs must be submitted for proof of employment). However, no more than one parking permit may be issued for each employee for a motor vehicle registered to or under the control of such a person.

(c) Temporary parking permits:

[1] Temporary work permit (ninety-day). Issued to temporary residents who reside on a street or part of street for up to 90 days on work assignments. Proof of current employment and temporary residence is required. One ninety-day extension is permitted for a maximum of six months.

[2] Temporary residential permit (fourteen-day). Issued to new residents who are awaiting receipt of a driver's license and registration at their Wharton address. Proof of residency (deed or lease) and proof of request for a change of address to New Jersey Motor Vehicle Commission is required.

[3] Home healthcare permit (ninety-day). Issued to visiting nurses, home health aides, family members during the hours they are in fact providing health services to a resident on a street or part of street.

(d) Contractor parking permit.

[1] Six months. Issued to contractors for the days and hours they are actually performing extensive construction on existing residential structures or new construction of a one- or two-family residential home (not high-rise units).

[2] Daily permit. Issued to contractors during per diem repair work on a residential home(s), i.e., plumbing work/electrical work that will require them to be parked on a street or part of street for the day.

(e) Visitors parking permit. Daily permit. Issued to a person visiting a residence on a street or part of street who will be parked on any of the streets or parts of streets as described below. Only homeowners can purchase visitor parking permits. Permits may not be sold, exchanged or purchased except directly from the Borough of Wharton. Permits are valid only for the month and days specified thereon and shall indicate the make, model and license plate number of the vehicle.

(f) Transfer permit. Issued to residents who have changed their temporary information to permanent, or who move from one street or part of street to another. Maximum period of 14 days.

(4) To assure that both prospective residential tenants and purchasers of property, including condominiums, are aware of the residential parking permit conditions imposed hereunder, every landlord and every seller shall, at least 10 days before the date a lease is executed or a deed is conveyed, provide the prospective tenant or prospective purchaser with a copy of § 315-14.

(5) Proof required to establish residency, ownership, employment, full-time student status or any other permit term or condition shall be within the sound discretion of the Chief of Police.

(6) The Borough of Wharton Police Department shall maintain a current record of all properties with 30 or more dwelling units which make off-street parking available to residents whether as part of the rental or service charge or for an optional fee. The Borough Tax Assessor and all departments of the Borough which maintain relevant records shall cooperate to assure that the record of available off-street parking maintained by the Borough of Wharton Police Department remains current.

(7) Any person who obtains a parking permit in violation of Chapter 315, Section 14 shall, in addition to cancellation of the permit, be liable for the penalties prescribed by Chapter 1, Sections 1, 2 and 3.

(8) Any owner, landlord or seller of real property who fails to comply with Chapter 315, Subsection A(4) shall be liable for the penalties prescribed by §§ 1-1, 1-2, and 1-3.

(9) No permit shall be issued to any person who has failed to pay any Borough of Wharton municipal parking fines until such fines, including any penalties thereon, are paid in full.

B. Display of permits. The permit as issued by the Borough of Wharton shall be placed unobstructed on the rear driver's side of the subject vehicle, e.g., driver's side rear window or driver's side rear bumper.

C. Permit parking exemptions.

(1) A resident motor vehicle, employee vehicle or transient motor vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked on a residential street or part of street for which the permit has been issued without being limited by time restrictions or area prohibitions established pursuant to this section. Said resident motor vehicle, employee vehicle or transient motor vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this section. All other motor vehicles other than vehicles where the operator or the passenger being transported by said vehicle is physically disabled and the vehicle displays a license issued under provisions of N.J.S.A. 39:4-205, parked on a residential street or part of street shall be subject to the area prohibitions adopted in this section or other Borough ordinances.

(2) A resident parking permit shall not guarantee or reserve to the holder thereof an on-street parking space on the designated residential street or part of street.

D. Application for and duration of permit. Each parking permit issued by the Borough of Wharton Police Department or its designee shall be valid for not more than one year. Permits shall be renewed annually on a date to be determined by the Borough of Wharton Police Department. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his or her residence address or address of real property owned or leased on a residential street or part of street and the license number of the motor vehicle for which application is made and such other information that may be deemed relevant by the Borough of Wharton Police Department.

E. Permit fees. There shall be no fee for a residential parking permit, temporary residential parking permit, or transfer charge.

F. Criteria for determination of residential permit parking areas.

(1) A residential street or part of street shall be deemed eligible for consideration as designated under this section if, based on surveys and studies prepared by the Borough Engineer or the Borough of Wharton Police Department, objective criteria establish that the residential street or part of street is impacted by commuter vehicles for any extended period or new construction of multiple units in the area.

(2) In determining whether a residential street or part of street is eligible for designation under this section, the factors to be considered shall include but are not limited to the following:

(a) The extent of the desire and need of the residents for residential permit parking.

(b) The extent to which motor vehicles registered to persons residing in the residential area cannot be accommodated by the number of available off-street parking spaces.

G. Revocation of residential parking permits. The Borough of Wharton Police Department is authorized to revoke the residential parking permit of any person found to be in violation of this section and, upon written notification thereof, said person shall surrender such permit to the Borough of Wharton Police Department or its designee. Failure when so requested to surrender said permit shall constitute a violation of this section.

H. Designated residential streets or parts of streets.

(1) Kossuth Street: entire length.

(2) Orchard Street: entire length.

(3) Washington Street: entire length.

§ 315-15 (Reserved)