[HISTORY: Adopted by the Township Committee of the Township
of Eagleswood as indicated in article histories. Amendments noted
where applicable.]
[Adopted 4-22-1986 by Ord. No. 6-86 (Ch. 69 of the 1977 Township
Code)]
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.
As used in this article, the following terms have the following
meanings:
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.
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.
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.
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)
|
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.
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]
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.
[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.