Borough of Wallington, NJ Parking, Standing and Stopping

Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I).

The areas described in Schedule XXIII of this chapter are hereby designated as handicapped parking areas, subject to annual amendment.

Purpose. The purpose of this chapter is to provide for the enforcement of restrictive parking for use by handicapped persons throughout the Borough of Wallington and prohibiting parking and other obstructions in areas designated as handicapped parking spaces in order to preserve and keep accessible such parking spaces for use by persons who have been issued special identification cards by the Division of Motor Vehicles in order that no other persons shall be permitted to park in such parking spaces.

[Added 6-24-2010 by Ord. No. 2010-09]

Areas designated as handicapped parking areas. All areas described in this section and all modifications thereto shall remain as areas designated as handicapped parking areas.

[Added 6-24-2010 by Ord. No. 2010-09]

Statutory authorization; implementation. This chapter is enacted in accordance with N.J.S.A. 40:48-2.46, which confers upon the Borough of Wallington the right to establish handicapped parking spaces in order to preserve and safeguard the public health, safety, morals and welfare. Therefore, pursuant to the authority contained in N.J.S.A. 40:48-2.46, parking spaces restricted for use by persons with physical handicaps pursuant to N.J.S.A. 39:4-204, who have been issued special vehicle identification license plates or windshield stickers by the New Jersey Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205 and 39:4-206, when operating or using a motor vehicle on which is displayed such license plate or windshield stickers, shall be provided at places of public accommodation in accordance with the requirements and limitations of the barrier free design regulations of N.J.A.C. 17:19A-1.1 et seq. and N.J.S.A. 52:32-1 et seq., and any amendments thereto.

[Added 6-24-2010 by Ord. No. 2010-09]

Definitions. As used in this chapter, the following terms shall have the meanings indicated:

[Added 6-24-2010 by Ord. No. 2010-09]

ACCESSIBLE

An environment that will permit a handicapped person to operate independently with comparative ease under normal circumstances and with little or no other assistance.

MUNICIPAL CONSTRUCTION OFFICIAL

The construction official appointed by the municipality pursuant to N.J.S.A. 52:27D-119 et seq.

MUNICIPAL SUBCODE OFFICIAL

Any of the subcode officials appointed by the municipality pursuant to N.J.S.A. 52:27D-119 et seq.

PERSON

An individual or any corporation, companies, societies, firms, partnerships, organizations and any other group or entity acting as a unit.

RESPONSIBLE PARTY

Any person, including, but not limited to, a contractor, the owner, operator and/or tenant of premises having parking spaces reserved for handicapped persons, as well as any employee, agent and/or other person acting on their behalf, who violates the terms of this chapter.

Parking spaces.

[Added 6-24-2010 by Ord. No. 2010-09]

(1)

Parking spaces for the handicapped shall be located as close as possible to elevators, ramps, walkways and the accessible entrance they serve. They shall be no more than 200 feet from an accessible entrance. They shall be as level as possible with surface slopes not exceeding 1:48 (1/4 inch per foot) in any direction.

(2)

Each parking space shall be marked with an R7-8 sign from the Manual of Uniform Traffic Control Devices displaying the international symbol of accessibility. Beneath the R7-8 sign, each parking space shall also be marked with an R7-8P sign, as required by N.J.S.A. 39:4-198 and 39:4-197.3c, and any amendments thereto, containing the penalty provisions of the statute and ordinance. The bottom edge of the R7-8 sign shall be mounted approximately 60 inches above the parking lot surface.

(3)

At least one parking space designated for the handicapped shall be provided in all parking lots with up to 50 spaces. Where there are 51 to 200 spaces, two parking spaces must be designated for the handicapped. When there are over 200 spaces, two parking spaces plus 1% of the number of spaces over 200, rounded to the next higher whole number, must be designated for the handicapped. The spaces shall be at least 12 feet wide or as may be permitted by N.J.A.C. 5:23-7.13, and any amendments thereto.

(4)

At least 10% of accessible parking spaces, or at least one, whichever is greater, shall be "van-accessible" with a minimum vertical clearance of eight feet six inches. These spaces should not be less than eight feet wide with an adjacent access aisle at least five feet wide.

(5)

The Borough is authorized to establish handicapped parking zones in front of residences occupied by people with disabilities. The Borough shall designate such handicapped parking zones in front of residences by designating the same with blue paint on the curb within the dimensions and distances provided for in the New Jersey Barrier Free Subcode, New Jersey Administrative Code[1] and N.J.S.A. 39:4-197 et seq.

[Added 12-16-2010 by Ord. No. 2010-18]

[1]

Editor's Note: See N.J.A.C. 5:23-7.1 et seq.

Handicapped parking zones may be established in front of a residence occupied by handicapped drivers or by another occupant of the residence who is a member of the immediate family of the handicapped person, provided that such parking is not otherwise prohibited and does not interfere with the normal flow of traffic. No handicapped parking zone will be established for persons who do not possess a valid handicapped person identification card and windshield placard or handicapped plates, and/or a valid vehicle registration with the vehicle registered in their name or that of immediate family member who resides at the same location. The Borough shall have a plate or other form of signage affixed to the handicapped parking sign which displays the permit number assigned to the resident or occupant of the adjacent residence to insure that the space is utilized by the person who was assigned the space.

[Added 12-15-2016 by Ord. No. 2016-20[2]]

[2]

Editor's Note: This ordinance designated former Subsection G as Subsection K.

Application review and the power to grant a handicapped parking space is vested solely in the authority of the Board of Health acting through "recommendation to approve" after a recommendation from the Police Department. If the Board of Health so approves, the Department of Public Works shall establish a restricted parking space in front of or near the residence of the applicant and shall issue a permit in compliance with N.J.S.A. 39:4-197.7. In the case of an application for a handicapped parking space, the Borough Council shall establish a handicapped parking space pursuant to N.J.S.A. 39:4-197.5. Only the motor vehicle for which a valid permit has been issued may be parked in such zone and only when the permit is properly displayed. Only one permit is issued to the applicant per household. Applicants who do not meet all of the requirements of the above are to be notified of the denial of their application by mail.

[Added 12-15-2016 by Ord. No. 2016-20]

Application fee. Applications for the establishment of handicapped parking zones and handicapped parking spaces may be obtained from the Borough Clerk's office and are filed along with the appropriate documentation with the Borough's Police Department and a copy provided to the Municipal Clerk. The applicant shall submit an initial processing fee of $50 for a handicapped parking space to the Borough Clerk made payable to the Borough at the time the application is filed. An renewal fee thereafter of $50 dollars is paid with the submission of each every three years renewal application. The Police Department shall within ten business days after receipt of an application, review it and shall investigate each application for compliance with this chapter. After the Police Department has determined compliance and the validity of the need, the application is to be submitted so that an amendment to the Municipal Code for the reserved parking space may be drafted. The Police Department may, at its discretion, require a personal interview with the applicant. The applicant may present at the interview any and all documentation which he or she believes relevant to the applicant's request. If the applicant does not possess adequate documentation to verify his or her eligibility under this chapter, the application may be denied.

[Added 12-15-2016 by Ord. No. 2016-20[3]]

[3]

Editor's Note: This ordinance designated former Subsection I as Subsection N.

Signage. All signage and the installation of same pursuant to this chapter shall conform to the specifications as prescribed by the New Jersey Department of Transportation and the National Manual on Uniform Traffic Control Devices. The spots shall also be designated by the painting of roadway blue public or by such other manner authorized by the Mayor and Council and permitted by law.

[Added 12-15-2016 by Ord. No. 2016-20]

Obstruction or interference with handicapped parking spaces prohibited. No person or responsible party shall obstruct or otherwise interfere with or permit the obstruction or interference with the appropriate use of those parking areas reserved for the handicapped. This includes, but is not limited to, the parking of a motor vehicle which does not comply with the provisions of this section; the placing, maintaining or allowance of any blockage, barriers or physical obstructions in said areas; or the placing of or failure to remove ice or snow or any other obstructions in these areas, thus interfering with their designated use and/or accessibility.

[Added 6-24-2010 by Ord. No. 2010-09]

Tow-away zone. Handicapped parking spaces under this section will be designated as tow-away zones. Parking a motor vehicle in a handicapped parking space without the special vehicle identification card specified herein will entitle the Wallington Police Department to authorize an immediate tow of the offending vehicle. Eligible people with disabilities may request law enforcement officers to arrange for the removal and steerage of a motor vehicle unlawfully parked in handicapped parking spaces.

[Added 12-15-2016 by Ord. No. 2016-20]

Enforcement. The terms and provisions of this section shall be enforced by either the Borough of Wallington Police Department, the Borough Construction Official or Borough subcode official or such official designated by the Borough under the statute.

[Added 6-24-2010 by Ord. No. 2010-09; amended 12-15-2016 by Ord. No. 2016-20]

Violations and penalties:

[Added 6-24-2010 by Ord. No. 2010-09; amended 12-15-2016 by Ord. No. 2016-20]

(1)

Any person who parks in a parking space designated for use by handicapped persons, even if such person is a physically handicapped person and in the case of a parking space designated for use by a specific resident and the handicapped person is not that specific resident, shall be fined a minimum of $250 for a first offense and a minimum fine of $150 for each subsequent offense.

(2)

There will be a fine of $750 for any fraudulent application which is submitted to the Borough of Wallington for a handicapped parking space.

(3)

The handicapped placard is for the sole use of the individual with a disability and is nontransferable. Abuse or misuse of this privilege will be cause for immediate revocation of the ID card, placard and plates and fines of at least $250.

Additional powers of the Board: vacation or modification.

[Added 9-26-2019 by Ord. No. 2019-8]

(1)

At any time after the adoption of a resolution granting a handicap parking space, any person having reasonably relevant information that the person asserts the Board was not made aware and did not consider or the person asserts is a relevant change of information in status subsequent to the grant of the handicap parking space may move the Board for an order vacating or modifying grant of a handicap parking space by filing with the Board a petition in the form of a letter, the facts therein being certified, stating the reasons therefor and the grounds relied upon.

(2)

Alternately, the Board may examine information of which the Board has become aware either by a citizen submission or otherwise for further proceedings.

(3)

The Board, after examining the information and on its own motion, may notice the applicant that the applicant may appear at time and place fixed in the notice and show cause why the terms or provisions of any grant of a handicap parking space ought not to be vacated or modified.

(4)

If the Board determines that such information, if known, at the time of the hearing which hearing culminated in the grant of a handicap parking space, would have reasonably been considered and may have changed the granting of the handicap parking space determination, or if the Board becomes aware of new information by way of a changed circumstance in contradiction to information originally provided within the application which resulted in the grant of a handicap parking space, the Board may reconsider the application de novo, at such hearing and the Board shall have the power to vacate or modify its granting of a handicap parking space.

(5)

Should the Board rescind or modify the grant of application, the signs and markings shall be removed; however, the fee, if any, shall not be returned.