[HISTORY: Adopted by the Mayor and Council of the City of
Hoboken as indicated in article histories. Amendments noted where
applicable.]
[Adopted 9-21-1966 by Ord. No. 277; amended in its entirety 11-18-2013 by Ord. No. Z-266]
A.
Word usage. Whenever any words and phrases are used in this article,
the meaning respectively ascribed to them in Subtitle 1 of Title 39
of the Revised Statutes of New Jersey shall be deemed to apply to
such words and phrases used herein.
B.
PARKING METER
PARKING METER BAG
PARKING METER SPACE
PARKING METER ZONE
PERMIT PARKING AREA
PUBLIC PARKING LOT
Terms defined. As used in this article, the following terms shall
have the meanings indicated:
Includes any mechanical device or meter not inconsistent
with this article placed or erected for the regulation of parking
by authority of this article. Each "parking meter" installed shall
indicate by proper legend the legal parking time established by the
City 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.
A cover affixed by the Parking Utility to indicate the rental
of a parking space by a resident or local business, referred to as
the "licensee."
A space within a parking meter zone, adjacent to a parking
meter and which is duly designated for the parking of a single vehicle
by lines painted or otherwise durably marked on the curb or on the
surface of the street, road or parking lot adjacent to a street or
road and adjacent to or adjoining the parking meters.
Includes any restricted street or parking lot contiguous
to a street or road upon which parking meters are installed and in
operation.
Any public parking lot which does not constitute a parking
meter zone shall be labeled as a "permit parking area" and shall be
subject to monthly fees and rates as described herein.
Includes all surface parking lot facilities owned, operated
or conducted by the Parking Utility of the City of Hoboken and used
for or devoted to public parking.
The Director of the Department of Law, Division of Public Safety,
of the City of Hoboken is hereby authorized to establish, immediately,
zones to be known as "parking meter zones" in and upon the parking
area hereinafter described, where parking will be permitted for periods
not exceeding 360 minutes on the following described area in the City
of Hoboken:
A.
All that certain lot, tract or parcel of land and premises, situate,
lying and being in the City of Hoboken, County of Hudson, and State
of New Jersey, and known and designated as "351-353 Fourth Street,
Block 52, Lot 21"; "355 Fourth Street, Block 52, Lot 20"; and "357
Fourth Street, Block 52, Lot 19."
C.
Signs shall be posted at the aforesaid entrances and exists clearly
marked, and the pavement portion thereof shall also indicate clearly
thereon whether it is an exit or an entrance with an arrow designating
the direction in which traffic may move onto or off of said parking
area.
Parking meters installed in the parking meter zones, as established in § 140-2, shall be placed upon the specific area designated for parking immediately adjacent to said parking places as described in the chapter. Each parking meter shall be placed or set in such manner as to show or display, by a signal, that the parking space adjacent to such meter is or is not legally in use. Each parking meter shall be so set as to show or display a signal showing legal parking for the space alongside such meter for a period for two hours, maximum allowable time, upon a deposit therein of a $0.25 coin of the United States of America for each fifteen-minute period, and the parking limit shall be set forth on a legend affixed to the meter. Each parking meter installed shall indicate by a proper legend the legal parking time established by the City and, when operated, shall indicate on and by its dial and pointer the duration of the period of legal parking and, upon the expiration of such period, shall indicate illegal or overtime parking. The directions contained in the aforesaid legend as to the time limit specified thereon shall be for designated legal parking time in such area of control. All parking meters shall be operational for the time period Monday through Saturday, 9:00 a.m. to 9:00 p.m.
A.
It shall be unlawful for any person to park or to permit a vehicle
to be parked or remain in said parking lot with a sticker, sign or
permit cover for any meter not issued by the Authority for the specifically
parked vehicle.
B.
It shall be unlawful for any person to deposit or cause to be deposited
in any parking meter in said area any slug, device or metallic substitute
for a proper coin of the United States.
C.
No truck having a gross weight of two tons shall park in or use any
public parking lot owned, operated or maintained by said Authority.
D.
No truck, tractor or trailer or vehicle moved by human or animal
power shall park in or use any such parking area owned, operated or
maintained by said Authority.
E.
No car shall be parked in said area when it does not fit between
the lines designated as a single parking meter unit, nor shall any
vehicle be parked thereon which requires more than one parking meter
space.
F.
No vehicle, not equipped with pneumatic tires properly inflated,
shall park in or use any parking area owned, operated or maintained
by said Authority.
G.
It shall be unlawful for any person to deface, injure, tamper with,
open or willfully break, destroy or impair the usefulness of any parking
meter installed under the provisions of this article.
H.
When any vehicle shall be parked in any space adjacent to where a parking meter is located in accordance with the provisions of this article the operator of said vehicle shall, upon entering said parking space, immediately deposit or cause to be deposited a ten-cent coin of the United States of America in such parking meter for a time not to exceed 60 minutes, or deposit or cause to be deposited a twenty-five-cent coin of the United States of America in such parking meter for not to exceed 360 minutes, in accordance with directions properly appearing thereon, and shall not permit such vehicle to be parked in such zone beyond two such consecutive sixty-minute periods, or the three-hundred-sixty-minute period. Failure to move said vehicle from said parking area after the expiration of a one-hundred-twenty-minute period, or after the expiration of the three-hundred-sixty-minute period, shall subject such persons to the penalty prescribed in § 140-7B of this chapter. The use of said parking zone is restricted to the use by any parked vehicle therein to 120 minutes, or the 360 minutes, without any right to redeposit another coin in such meter for any additional period of time; after which period, such car must be moved by the operator thereof. Notice of said restriction shall be affixed prominently to each parking area when such restriction is in effect. In the event that any operator shall fail to move his vehicle after the expiration of the said one-hundred-twenty-minute period, or the three-hundred-sixty-minute period, said vehicle shall be deemed to be illegally parked within said parking zone and may be taken into possession by the City of Hoboken and towed to some proper storage place designated by the Division of Public Safety. The owner shall pay the reasonable costs of the removal and storage charges before regaining possession of said vehicle. The City of Hoboken, its agents, servants or employees shall not be responsible or liable in any manner for damages incurred in the towing, storage, possession or disposition of such vehicle.
When any vehicle shall be parked in any space adjacent to which
a parking meter is located in accordance with the provisions of this
chapter, the operator of said vehicle shall, upon entering said parking
space, immediately deposit or cause to be deposited a ten-cent coin
of the United States in such parking meter for a time not to exceed
60 minutes, or should such operator desire such vehicle to be parked
for a period of 120 minutes, then he shall deposit an additional ten-cent
coin for such additional hour for which the parking space is so to
be used, or should such operator desire such vehicle to be parked
for a three-hundred-sixty-minute period, he shall deposit a twenty-five-cent
coin, and failure to deposit such coins shall constitute a breach
of this chapter and shall subject such person to the penalty prescribed
in § 174-7 hereof. Upon the deposit of a ten-cent coin for
each sixty-minute period, or upon the deposit of a twenty-five-cent
coin for a three-hundred-sixty-minute period, and placing said meter
in operation, such parking space may be lawfully occupied by such
vehicle during the period of parking time as indicated on said parking
meter but in no case in excess of the 120 consecutive minutes, or
in excess of the three-hundred-sixty-consecutive-minute period. If
said vehicle shall remain parked in any such parking space beyond
the parking time limit fixed for such parking space, or as indicated
on said parking meter, the parking meter shall, by its dial and pointer,
indicate such illegal parking; and in that event, such vehicle shall
be considered as parked overtime and beyond the period of legal parking
time, as above set forth, and the parking of a vehicle overtime or
beyond the period of legal parking time, as above set forth, in any
such part of a street, road or parking lot contiguous to said road
or street where such meter is located, shall be a violation of this
chapter and the operator of such vehicle so parked punished as hereinafter
set out.
A.
The Parking
Utility of the City of Hoboken shall receive all of the monies which
may have been deposited in said meters, or collected in exchange for
said permits, and such collections shall be under the supervision
of said utility.
B.
The Director
of the Division of Parking and Transportation shall set universal
fees and/or rates for each public parking lot governed by this article.
The Director shall have the authority and discretion to change said
rates on a monthly basis, but not more often, said rates not to exceed
$195 per month for a single vehicle spot.
A.
Violations. It shall be unlawful and a violation of the provisions
of this article for any person to:
(1)
Cause, allow, permit or suffer any vehicle registered in the name
of or operated by such person to be parked overtime or beyond the
maximum one-hundred-twenty-minute period, or the maximum three-hundred-sixty-minute
period, of legal parking time established for any parking meter zone
as herein described or to deposit in any parking meter any coin for
the purpose of parking beyond the maximum legal parking time for the
particular parking meter zone.
(2)
Permit any vehicle to remain or to be placed in any parking space adjacent to any parking meter while said meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking in such parking area, without depositing a coin as provided for in § 140-4 hereof.
(3)
Park any vehicle across any line or marking of a parking meter space
or in such position that the vehicle shall not be entirely within
the area designated by such lines or markings.
B.
Penalty. Any person who violates or fails to comply with any of the
provisions of this article shall, upon conviction thereof before the
Municipal Judge of the City of Hoboken, be liable to a fine of not
more than $1,000 for each and every offense and, in default of payment
of such fine, shall be imprisoned in the county jail not exceeding
90 days, in the discretion of the Municipal Judge. Any corporation
which, by means of its officers, agents or employees, shall permit
or who shall commit a violation of any of the provisions of this article
shall, conviction thereof before the Municipal Judge, be subject to
a fine not exceeding $1,000 for each and every offense, in the discretion
of the Municipal Judge, and in default of payment of such fine at
the time of conviction, the amount thereof shall be recovered from
such corporation by means of any action at law in the name of the
City of Hoboken, a municipal corporation of the State of New Jersey,
as in the nature of a debt owing to said municipal corporation.
Nothing in this article shall be construed as prohibiting the
City of Hoboken from providing for bus stops, taxicab stands and other
matters of similar nature, including the loading or unloading of trucks,
vans, or other commercial vehicles.
A.
Parking spaces and parking meter covers are rented and installed
by the Parking Utility to residents and businesses of Hoboken. The
Parking Utility shall have the authority to establish rental rates
for parking spaces and parking meter covers and to contract with applicants
at such rates. The private contracting party is referred to as a "licensee."
B.
In no case shall a licensee allow a vehicle to remain in such a parking space beyond the contract period. Vehicles remaining beyond the contract period shall be considered parked illegally and are subject to the provisions of § 140-7B.
C.
During the contact period, no person other than the licensee or his,
her or its designee shall occupy the affected parking space(s). If
such a vehicle remains parked for more than one hour, the vehicle
may be booted and/or towed and impounded at the vehicle owner's
expense.
[Adopted 12-18-1991 by Ord. No. P-169]
This article shall be known and may be cited as the "Hoboken
Parking Tax; Persons Responsible for Collection; Chief Financial Officer
to Establish Procedures for Collection; Interest and Penalties."
A.
There is hereby imposed a tax of 15% on fees for the parking, garaging
or storing of motor vehicles other than fees from parking in garages
or parking areas which are leased to residential tenants.
B.
All taxes imposed by this article shall be collected on behalf of
the City of Hoboken by the person providing parking services to the
customer.
C.
The Chief Financial Officer of the City of Hoboken is hereby designated
as collector of parking taxes. The methods for reporting taxes due
shall be on forms and in accordance with procedures prescribed by
the Chief Financial Officer from time to time.
D.
Every person required to collect any taxes imposed by this article
shall be personally liable for the tax imposed, collected or required
to be collected. Any such person shall have the same right in respect
to collecting the tax from his customer or in respect to nonpayment
of the tax by the customer as if the tax were a part of the parking
or storage fee and payable at the same time; provided, however, that
the Chief Financial Officer of the City of Hoboken shall be joined
as a party in any action brought to collect the tax.
E.
No person required to collect any tax hereunder shall advertise or
hold out to any person or to the public in general in any manner,
directly or indirectly, that the tax is not considered as an element
in the fee payable by the customer, that he will pay the tax, that
the tax will not be separately charged and stated to the customer
or that the tax will be refunded to the customer.
F.
If for any reason the tax is not paid when due, interest at a rate
of 12% per annum on the amount of the tax due, and an additional penalty
of 1/2 of 1% of the amount of the unpaid tax for each month or fraction
thereof during which the tax remains unpaid, shall be added and collected.
Where action is brought for the recovery of any tax hereunder, the
person liable shall, in addition, be liable for the costs of collection
and the interest and penalties imposed.
G.
No tax shall be imposed with respect to any parking, garaging or
motor institutions or on vehicle storing fees charged by any religious,
charitable or educational institution or nonprofit organization.
A.
Taxes due under this article shall be paid monthly. Returns for each
month are due on or before the 15th of the month following the end
of the month.
B.
A monthly parking tax return is required to be filed by every person
responsible for the collection of parking taxes whether or not any
tax is due for that month. Payment of the tax due shall be made with
the filed return.
C.
Every person responsible for the collection of parking taxes shall
maintain books and/or records to substantiate the monthly tax returns,
even if no tax is due.
D.
Pursuant to state law, any person who fails or refuses to file any
return required under this article, any person who refuses to permit
an officer or agent designated by the City of Hoboken to examine his
books, records and papers, and any person who knowingly files an incomplete,
false or fraudulent return or attempts to do anything whatsoever to
avoid the full disclosure of the tax due under this article or to
avoid the payment of the whole or any part thereof is a disorderly
person.
E.
The failure of any person to receive or procure the forms required
for filing returns required under this article shall not excuse him
from filing a return.
