[Adopted 4-15-2009 by Ord. No. 9/09; amended in its entirety 9-23-2020 by Ord. No. 20/20]
WHEREAS, the Mayor and Board of Commissioners of the Town of
West New York ("Town") consider it to be in the best interest of the
residents of the Town of West New York to provide for the establishment
of a Residential Permit Parking (RPP) Program in order to alleviate
the hardship experienced by residents in obtaining an on-street parking
space, to preserve the residential quality of neighborhoods and to
provide for improvements in air quality, vehicular traffic, and noise
pollution; and
WHEREAS, the powers and duties contained in this ordinance shall
be performed by the West New York Parking Services Utility of the
Town of West New York; and
WHEREAS, it has been determined that a Residential Parking Program
will, in fact, serve to alleviate the aforesaid difficulties; and
WHEREAS, the Town on September 4, 2019, did adopt Ordinance
No. 08/19, an ordinance dissolving the Parking Authority of the Town
of West New York ("Parking Authority") pursuant to N.J.S.A. 40A:5A-20
and making adequate provision for the payment of creditors or obliges
of the authority and the assumption of the services provided by the
Parking Authority; and
WHEREAS, by such Ordinance No. 08/19, the Parking Authority
was dissolved and the Town thereby did assume the operation of the
services previously provided by the Parking Authority; and
WHEREAS, the Town on September 4, 2019, did adopt Ordinance
No. 9/19 creating a Parking Utility for the purpose of managing parking
operations within the Town, such utility being, for budgetary and
accounting purposes, a separate entity, having its own separate accounts
and its own separate property, whether it be real, personal or mixed;
and
WHEREAS, the Town on October 17, 2019, did further adopt Ordinance
No. 19/19, creating a Parking Services Agency, having oversight over
and control of over the Town's parking system that consists of on-street
parking and parking within Town lots and garages, as well as equipment
owned, leased or otherwise under the control of the Town of West New
York, and the enforcement of parking regulations in the Town; and
WHEREAS, as a result, together the West New York Parking Utility
and the Parking Services Agency acting together are referred to as
the West New York Parking Services Utility; and
WHEREAS, the Town now wishes to update the Town’s residential
permit parking program to better reflect present conditions and practices:
The Town of West New York is hereby authorized to designate,
as herein provided, certain streets and other public areas within
the Town of West New York as Residential Permit Parking zones ("RPP
Zones"), in which vehicles displaying valid parking permits, decals,
vouchers, or hang tags, (collectively and/or individually known hereinafter
"parking permit," "permits," and/or "decals") may stand or be parked,
without limitation by parking time restrictions established by this
article. Vehicles not displaying a valid parking permit may stand
or be parked for a limited time, not to exceed the hourly parking
restriction specified and adequately posted by signs.
The Town of West New York, in conjunction with the West New
York Parking Services Utility, upon the finding of a need, pursuant
to the purposes of this article, may designate an area as an official
RPP Zone subject to the approval of the Board of Commissioners, by
way of resolution. The Town may designate different RPP Zones and
zone classes within the Town.
A.
Permit parking hours for Residential Permit Parking Zones shall be
in effect 24 hours a day, seven days per week. All vehicles which
park in a Residential Permit Parking Zone shall have up to a three-hour
limit to park without a permit, excluding holidays, on all streets
within the Town of West New York. If you plan to remain parked in
a nonmetered parking space for more than the permitted three-hour
limit within a twenty-four-hour time period, you shall be required
to obtain a daily visitor parking permit.
B.
The creation of a Residential Parking Zone or Zones shall have no
effect upon metered parking spaces within the designated area. Parking
metered spaces shall be available to all vehicles with or without
a residential parking permit during the hours of operation of such
meters.
C.
A residential parking permit shall not exempt a resident when parked
in a metered space from purchasing time from the meter at the established
rate.
D.
The West New York Parking Services Utility shall have the right to
implement any rule and/or regulation in furtherance of the Residential
Parking Permit Zone Program as established by this article. Any rules
or regulations adopted by resolution of the Board of Commissioners
of the Town of West New York shall have the full force and effect
of law.
The West New York Parking Utility shall establish RPP Zone(s)
within the Town and the regulations within them. The designated boundaries
of an RPP Zone shall be approved and adopted by the Mayor and Board
of Commissioners, within 90 days after designation. Thereafter, the
West New York Parking Utility shall issue the appropriate parking
permits and cause parking signs to be erected in the designated areas
indicating the times and conditions under which parking shall be allowed.
A parking permit shall be issued to an applicant, provided proof of
eligibility is established. Any parking permit issued shall be valid
throughout the Town, regardless of the RPP Zone for which it is issued.
A.
Resident permit: Parking permits issued to residents for use on their
own vehicle in the form of resident parking permits (decal). Resident
parking permits may be purchased at a fee established to limit the
amount of parking permits per household. The first vehicle in the
household will be $15 for a one-year period; the second vehicle $25;
the third vehicle $50; and the fourth vehicle and above will be $100
for each permit. Temporary resident permits can also be provided at
no cost as provided for herein. Holders of valid residential permits
need not pay for overnight parking at any non-reserve municipal parking
lot.
B.
Resident parking for passenger commercial vehicles: Parking permits
issued to residents for use on passenger commercial vehicles in the
form of resident parking permit (decal). Such permits may be purchased
at a fee of $50 for a one-year period. Commercial vehicles are subject
to strict on-street parking control. Temporary resident permits may
also be provided at no cost as provided for herein. Holders of valid
permits need not pay for overnight parking at any non-reserve municipal
parking lot.
C.
Temporary resident permit: A two-week temporary residential parking
permit may be provided free of charge to new residents in order to
provide sufficient time to change the address on their driver's license
and vehicle registration. Residential parking permit holders awaiting
registration papers for a newly purchased vehicle, or for vehicles
in short-term use, such as when a permitted vehicle is in for repairs
and resident needs to use a rental, may also take advantage of the
temporary residential permit.
D.
Board
of Education permits: Parking permits issued to employees of the West
New York Board of Education. Board of Education permits may be purchased
for $40 for one year and it can only be used between 7:00 a.m. and
7:00 p.m., Monday through Saturday.
E.
Business
professional/employee permits: Parking permits issued to West New
York business owners, employees of West New York business, and all
other professionals for use on their vehicles in the form of a professional/employee
parking permit. Professional/employee permits may be purchased at
a fee of $30 for a six-month period or $60 per year. Professional/employee
parking permits may only be used for a period of 10 hours maximum
in a twenty-four-hour period between the hours of 5:00 a.m. to 12:00
midnight.
F.
Government
employee permit: Parking permit issued to municipal employees, contractors
or consultants of the Town of West New York. Must be requested by
the employee, contractor or consultant and authorized by the Municipal
Administrator or Deputy Municipal Administrator.
G.
Visitor
permit: Visitor parking permits available for purchase by residents
for use only by their guests in the form of a visitor parking permit.
Visitor parking permits are available for purchase on a daily, weekly
or monthly basis. The sale or use of such permits for any other purpose
shall be void and prohibited.
H.
Caretaker
permit: Parking permit issued to a caretaker of a resident and cost
$15 per year. (Documentation from resident's physician is required
indicating the need of a caretaker). Up to one caretaker parking permit
may be issued per resident, for the use of a caretaker of a resident
where such resident does not own a vehicle and is otherwise suffering
from a serious debilitating injury or illness or the effects of a
debilitating illness, such as cancer, Alzheimer's, dementia, stroke,
or multiple sclerosis. A caretaker is a nonresident who is involved
in the care of a resident or a nurse or home health aide, who is providing
caretaker or health aide services at the residents' residence for
at least eight hours per week, due to the resident's injury or serious
debilitating illness. Documentation from resident's physician is required
indicating the need of a caretaker. A twelve-month caretaker permit
may be purchased at a cost of $15 per year and will be valid for a
period of one year from the date and time it is first issued.
I.
Out of
state permits: Parking permits issued to persons upon presenting proof
of residence for use on their own out-of-state registered vehicles.
Out-of-state permits may be purchased at a fee of $50 for a three-month
period.
A monthly visitor parking permit may be purchased by any resident at a cost of $50 per month and will be valid for a period of one month from the date it is first issued limited to at most two per household at any given time. No more than four monthly permits may be issued to any vehicle per calendar year. A weekly visitor parking permit may be purchased at a cost of $15 per week and will be valid for a period of seven days from the date and time it is first issued. Visitor parking permits are available for purchase by residents for use only by their guests. Proof of residency may be required for such permits. A daily visitor parking permit may be purchased at a cost of $4 per day and will be valid for a period of 24 hours from the date and time it is first issued. Visitor parking permits shall be displayed in the manner and form provided in § 277-28 of this article and provided upon issuance of the visitor parking permit. Information shall also be available online for review.
A.
All parking
permits must be displayed in such a way that they are readily visible
to parking enforcement personnel.
(1)
Parking
permit decals shall be displayed in the lower right (passenger side)
of the windshield facing outward.
(2)
Hangtag
permits shall be hung on the rearview mirrors.
(3)
Visitor
parking permits shall be displayed on the lower right (passenger side)
of the vehicle's dashboard in a manner that assures that it can be
read from the outside of the vehicle.
B.
The West
New York Parking Services Utility may deem it necessary and is hereby
authorized to change the location for the display of any parking permit
at any time, upon notice to affected permit holders.
A.
A resident must prove residency and vehicle ownership, or evidence
of having a leased or company-owned vehicle, to participate in the
Town of West New York RPP Program. The Town of West New York, in conjunction
with the West New York Parking Services Utility, shall establish suitable
criteria to determine the residence and ownership of each vehicle
to be registered to the RPP Program. Each application shall be evidenced
by sufficient proof(s) as may be reasonably required by the West New
York Parking Services Utility.
B.
For purposes of this article, a resident shall be defined as, without
limitation, a person who: (1) owns a residence; or (2) is a residential
tenant within the Town of West New York, and (3) is domiciled in the
residence, for a minimum of a period of one-month, per calendar year.
In order to purchase or renew a residential permit, residents must
provide three forms of identification showing West New York address:
(1) valid New Jersey State driver's license, (2) valid vehicle registration,
and (3) valid vehicle's insurance or utility bills, bank statement,
rental lease agreement, property tax statement, and any official New
Jersey State or federal ID with West New York address. Resident must
be present at the time of permit purchase
A.
Any vehicle displaying a valid parking permit as provided for herein
shall be permitted to stand or be parked in any RPP Zone without being
limited by time restriction requirements established pursuant to this
article. However, said vehicle shall not be exempt from parking restrictions
or prohibitions established pursuant to Title 39 of the N.J. State
Statute or Town Ordinance provisions for street sweeping, public safety,
and/or handicapped parking zones and other special parking restrictions.
B.
All other vehicles not displaying a valid parking permit shall be
the subject of a time limit restriction established for the RPP Zone
by the West New York Parking Services Utility, per twenty-four-hour
period, within a three-block radius from the location and at the time
that the vehicle's license plate is first entered and/or documented
into the electronic tire chalking program/license plate recognition
system that may be in use by the West New York Parking Utility and/or
the West New York Police Department.
C.
A parking
permit shall not guarantee or reserve to the holder thereof an on-street
parking space.
A.
Anyone found guilty in the Town of West New York Municipal Court
of parking in a residential parking permit zone without a valid parking
permit over the hourly limit shall be subject to a fine of $63.
B.
If an unauthorized vehicle is left for a continuous forty-eight-hour
period in a Resident Parking Permit Zone, it may be immobilized with
a vehicle boot and charged with violation of this provision. Any vehicle
which has three or more outstanding unpaid summons for violation of
the RPP Ordinance, the oldest of which is outstanding more than 40
days, may be immobilized with a vehicle boot. The costs of removing
the vehicle boot shall be paid to the Town of West New York prior
to removal, at the rate for removal established by resolution of the
Town of West New York.
C.
If an unauthorized vehicle remains in a residential parking permit
parking zone for 24 hours after booting, it may be towed and impounded.
The vehicle owner/operator will be responsible for the costs to remove
the boot in addition to the cost of the vehicle tow. The fee for the
towing of vehicles shall be the rate established by the Town of West
New York.
D.
Prior to the release of any booted or towed vehicle, all outstanding
Town of West New York motor vehicle summonses pertaining to said vehicle
shall be satisfied or, if contested, bail shall have been posted.
The Mayor and Board of Commissioners are aware that residents
of the Town regularly require service vehicles and commercial vehicles
to park in designated residential areas in order to properly service
the residents of West New York. The West New York Parking Services
Utility is hereby granted the discretion to exempt certain vehicles
which the West New York Parking Services Utility deem necessary to
temporarily park within designed RPP areas without appropriate permits
for a period not to exceed eight consecutive hours. Residents must
call the West New York Parking Services Utility to request permission
with 24 to 48 hours of anticipated notice.
It shall be unlawful and a violation of this article for a person
to copy, produce, or otherwise bring into existence a facsimile or
counterfeit or altered parking permit. It shall further be unlawful
and a violation of this article for a person to knowingly use or display
an altered, facsimile or counterfeit parking permit in order to evade
time limitations on parking applicable in a RPP Zone. Any individual
committing the aforementioned act shall be subject to a penalty of
no less than $250, but in no case more than $500, for each violation
and/or imprisonment for not more than five days for each such violation.
Such penalties for said violations are to be imposed by the Town of
West New York Municipal Court. Permits are not transferable for use
by any vehicle other than the one registered with the parking permit.
The provisions of this section shall be enforced by the West
New York Parking Services Utility and the West New York Police Department.
A.
Streets under the direct jurisdiction of the State of New Jersey
if named herein are named for purposes of boundary descriptions only
and the "Resident Permit Parking Program" designation shall not apply
to such street.
B.
"Resident permit parking only" shall not apply to any parking space
where there is a parking meter during the hours of operation of such
meter.
C.
All of the streets within the Town of West New York are hereby ordained
to be included within the Town of West New York RPP Program.
D.
All of the streets in the area known as the Controlled Waterfront
Development shall be subject to enforcement pending an Memorandum
of Agreement with the redeveloper
E.
For the purpose of adding additional streets to or deleting any streets from the RPP Program, a resolution of the Board of Commissioners of the Town of West New York, certified by the Town Municipal Clerk, shall be sufficient evidence to add or delete the designates street(s) to or from the "Schedule of Residential Permit Parking Only Street" maintained by the Town Municipal Clerk's Office as referenced in § 277-35 of this article.
If any parking permit issued as provided for in this article
is used on any other vehicle or are used for a parking use other than
that which it was specifically issued, a fine of $59 shall be levied
and the permit revoked for one year.
It shall be a violation of the RPP Program to improperly use
or display parking permits in a manner other than as is specified
by this article or the rules and regulations for the RPP Program as
established by the Town or use a valid parking permit in an unauthorized
RPP Zone. The fine for such violation shall be $63 unless a greater
fine has been provided for in this article. Violations of the RPP
Program shall be cited as follows:
B.
Invalid zone for parking permit. Failure to park in RPP Zone for
which permit was issued.
C.
Improper display of daily, monthly, or annual parking permit. Failure
to display daily, monthly, or annual parking permits properly affixed
and in the appropriate vehicle locations as specified in this article.
D.
Failure to display residential parking permit. Failure to display
a valid residential parking permit when parked in an RPP Zone over
the hourly parking restriction established by the Town of West New
York, during a twenty-four-hour period.
E.
Improper use of RPP Permit.
(1)
Unauthorized transfer of a parking permit to a vehicle by someone
other than the resident.
(2)
Transfer by resident to another vehicle owned by resident without
Town authorization.
(3)
Failure to obey rules and regulations duly adopted by resolution
of the Town in accordance with the authority vested herein.
The Board of Commissioners and/or the West New York Parking
Services Utility may adopt and enforce rules to enforce the terms
of this article to the extent such rules are not inconsistent herewith.
