Township of Eagleswood, NJ
Ocean County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Township Committee of the Township of Eagleswood as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Americans With Disabilities Act compliance — See Ch. 3.
Vehicles and traffic — See Ch. 272.
[Adopted 4-22-1986 by Ord. No. 6-86 (Ch. 69 of the 1977 Township Code)]

§ 188-1 Statutory authority.

Pursuant to N.J.S.A. 52:32-11 and 52:32-12, this article provides for restricted parking spaces for handicapped persons in all parking facilities under the jurisdiction of the Township of Eagleswood.

§ 188-2 Definitions.

As used in this article, the following terms have the following meanings:
PHYSICAL HANDICAP
A physical impairment which confines a person to a wheelchair, causes a person to walk with difficulty or insecurity, affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination and perception to the extent that facilities are needed to provide for the safety of that person.
PUBLIC BUILDING
Any building, structure, facility or complex used by the general public or to which the general public is invited, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and stations, factories, office buildings, businesses, shopping centers, hotels or motels and public eating places, whether privately or publicly owned, except that this term shall not include private family residences, warehouse storage areas and all buildings conducting hazardous occupancies that involve highly combustible, highly flammable or explosive material.

§ 188-3 Owners to provide spaces.

The owners of all public buildings which provide parking spaces adjacent to or used in conjunction with the public buildings shall, within 90 days of notice thereof, provide for parking spaces for handicapped persons in accordance with the guidelines herein set forth and in a location and manner as determined by the Code Enforcement Officer.

§ 188-4 Construction guidelines.

Parking spaces for the physically handicapped shall be constructed in accordance with the following guidelines:
A. 
In all instances where parking lots are provided for public buildings or facilities as defined herein, designated parking spaces for handicapped persons shall be required as follows:[1]
Total Parking in Lot
Required Number of Accessible Spaces
Up to 50 spaces
2
Over 50 spaces
3% of the total spaces in lot (to nearest whole number)
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
The location of the physically handicapped spaces shall be in an area of the parking facility which is most accessible and approximate to the building or buildings which the facility serves. The determination of said location shall be made by the Construction Official in conjunction and consultation with the owner. In shopping centers and other multi-store facilities, the handicapped spaces shall be as near to the flagship store as possible and/or at such other locations as may be agreeable between the Construction Official and the owner.
C. 
Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access, along with the following words: THESE SPACES RESERVED FOR PHYSICALLY HANDICAPPED ONLY. SPECIAL VEHICLE IDENTIFICATION REQUIRED. The lines designating the area shall be painted in fluorescent yellow paint, and the center of the space shall have painted thereon the capital letter "H."
D. 
Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in or out of either side of the automobile on a level, paved surface suitable for wheeling and walking.
E. 
Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.
F. 
Where applicable, curb ramps shall be provided to permit handicapped people access from the parking area to the sidewalk.

§ 188-5 Identification certificate.

A. 
No person shall park a vehicle in a 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 or marker issued by the Chief Administrator of the New Jersey Motor Vehicle Commission.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
Parking in a handicapped space without the aforesaid vehicle identification shall create a rebuttable presumption that use of the space was not for the physically handicapped.

§ 188-6 Violations and penalties.

[Amended 11-24-2003 by Ord. No. 2003-16]
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 form as the court shall deem appropriate, or any combination thereof.