[HISTORY: Adopted by the Mayor and Council of the Borough of East Rutherford 11-18-2013 by Ord. No. 2013-18. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- MAXIMUM MOTOR VEHICLE CAPACITY
- The number of motor vehicles which may be parked in the parking lot in accordance with the requirements of this chapter as certified by the Borough Engineer using the standards established in this chapter and Chapter 327 of the Code.
- MOTOR VEHICLE
- Any vehicle which is self-propelled.
- The New Jersey Meadowlands Commission.
- The New Jersey Sports and Exhibition Authority.
- PARKING LOT
- Any place, lot, parcel, yard, building or structure used in whole, or in part, for storing or parking motor vehicles, where a storage or parking fee is charged therefor and which is open to the general public; provided, however, that the term "parking lot" shall not include garages, lots and other places where motor vehicles are stored for hire or sale within or on a building (but any area of such premises used for open-air parking or storage shall be subject to the provisions of this chapter), and there is also excluded from the provisions of this chapter residential neighborhood parking lots, restricted to residents thereof, without charge, or on a monthly rental basis, and such premises are not held out for use by the general public and are not marked or advertised as a public parking lot.
No person shall conduct, operate or maintain a parking lot without first obtaining a license therefor from the Borough as hereinafter provided (a "parking lot license").
Application for a parking lot license and renewal thereof shall be made to the Borough Clerk by the person intending to operate the parking lot, on a form furnished by the Borough Clerk, and shall be accompanied by the fee required by § 212-8.
The application shall set forth the following:
The name under which, and the street number of the place where, the parking lot is to be operated, and, if a corporation, the location of the office in this state together with the name and address of the registered agent in charge thereof.
Whether the applicant is an individual, partnership, corporation or association, and, if an individual, the name and business and residence address of the applicant; if a firm or partnership owning 10% or more, the name and business and bona fide residence addresses of each partner or member of the firm; and if a corporation or association, the name, date and state under which such corporation or association was organized, and the name and business addresses of its officers.
Whether the parking lot to be licensed is owned or leased by the applicant, and, if leased, the name and bona fide residence and business address of the lessor together with the written consent of the owner of the property on which the parking lot will be operated.
The maximum number of motor vehicles which may, at one time, be stored in the parking lot.
The hours during which motor vehicles may be parked.
The hours during which parking attendants, if any, will be on duty on the lot.
A complete schedule of rates to be charged for parking motor vehicles, including monthly rates, weekly rates, and any other bulk rates, if offered.
A description of the security precautions to be undertaken by the parking lot operator to secure the motor vehicles in the parking lot.
A description of the method by which the parking lot operator will keep the parking lot clean during and following its use each day, including provisions to assure that the parking lot equipment and refuse originating in the parking lot does not migrate offsite.
If the parking lot is to operate during an NJSEA event and will provide transportation to that event from the parking lot, a copy of all approvals required by the NJSEA.
Copies of all approvals of other governmental agencies having jurisdiction on any aspect of the parking lot, including, but not limited to, the NJMC.
The applicant shall file with the application a plat or drawing of the parking lot, approved by the Borough Engineer, showing the location and size of the parking lot; the location and size of each stall and parking lane; the location and size of driveways and aisles, including fire lanes; the kind of floors or ground surface; the location and type of lighting units and signs; the number and type of fire-extinguishing equipment to be provided on the premises to be licensed and otherwise in compliance with the requirements of this chapter. All Borough site plan, land use and other land use regulations shall be followed.
Each application shall be signed and verified under oath by the applicant, if an individual firm or partnership, or by a duly authorized agent or properly constituted officers, if a corporation or association.
The Clerk shall forward the application to the Borough Engineer, Police Chief, Fire Marshal and Construction Official for review and determination whether the proposed parking lot complies with all applicable laws, regulations and ordinances. Each of the aforementioned officials shall provide to the Borough Clerk a written report of his or her review, together with a recommendation as to whether the license should be granted.
Prior to the issuance of a license, each applicant shall file with the Borough Clerk a policy or certificate of public liability insurance issued by a company authorized to do business in New Jersey, in the minimum amount of: 1) $1,000,000 for one person and $3,000,000 for two or more persons for personal injury; and 2) $500,000 for property damage. The period of insurance coverage as evidenced by the certificate shall be concurrent with the term of the license.
Renewal applications shall be filed by September 1 of each year. All renewal applications shall be subject to the requirements of this chapter except that it shall not be necessary to furnish a supplementary plat or drawing of the parking lot with the renewal application unless changes have been made that do not appear upon the plat previously filed when the initial license was issued and approved, or the plat or drawing previously filed when the initial license was issued and approved does not conform with the requirements set forth in this chapter as amended and supplemented. If any such change has been made or if there is any nonconformance with this chapter as amended and supplemented, a new supplementary plat or drawing shall be filed with the renewal application and approved by the Borough Engineer before the renewal license is issued.
Upon satisfying the requirements of this chapter, a license shall be issued by the Borough Clerk granting to the licensee the privilege of using the subject premises as a parking lot. The license so issued is subject to revocation after 30 days. In order to avoid revocation, the licensee must, during this thirty-day-period, satisfy the requirements of this chapter and the matters set forth in the application and shown in the accompanying plat or drawing.
No license shall be granted for any premises unless the use for automobile parking is permitted on the premises under the Zoning Ordinance of the Borough, or upon the granting of a permit therefor as provided by the Zoning Ordinance by way of a variance from the terms of the Zoning Ordinance.
If any of the reviewing Borough officials described in § 212-4A shall recommend denial of the license, the Borough Clerk shall deny the license and provide to the applicant a copy of the reviewing officials' report upon which the denial was based.
In the event of the sale or transfer to a new operator of the parking lot business, the new operator shall make application to the Borough Clerk for transfer of the license. Such application and transfer of the license shall be subject to all the terms, conditions and requirements of this chapter applicable to a new application and the granting of a new license.
In the event of the sale or transfer, the transferor or licensee shall surrender his or her license to the Borough Clerk within the twenty-four-hour period next following the sale or transfer.
All licenses and renewals thereof shall be subject to the requirements of this chapter and any amendments thereto or supplements thereof.
The conditions set forth in the application and its accompanying items upon which the license, or any renewal thereof, was issued, shall be maintained by the licensee continuously during the conduct of the business thereunder, and a violation thereof shall constitute a violation of this chapter.
The licensee shall be responsible for the proper conduct of his or her agents, servants and employees in the conduct of the business and for any violation of the provisions of this chapter thereby.
Each licensee under this chapter shall maintain in good condition at all times, at each entrance to such parking lot, a sign suitable to apprise persons intending to use a parking lot of the:
Signs giving all the above information shall be erected only at points of ingress on private property.
The signs shall be of sheet metal or other suitable material and shall be displayed at a height of not less than four feet (bottom edge) and not more than 12 feet (top edge) above the street level. No sign shall be less than 20 nor more than 50 square feet.
Signs shall be erected so as to be visible to a motorist before he or she leaves the public street and before he or she enters the parking lot.
Signs shall be composed of a solid background, and the letters, numerals, or symbols shall all be of the same contrasting color. The uppercase (capital) letters shall be two inches high; and all letters shall be san serif, as per attached specimen "No. I." Letters and numerals shall be proportionately spaced and shall neither be contracted nor expanded so as to inhibit readability. Each classification and the applicable rate or rates thereunder shall be listed on a separate line not to exceed 40 inches in width. The lines shall be spaced l 1/2 inches apart, as measured between the uppercase (capital) letters. Rates for fractional or hourly periods shall be so listed as to reflect the total charge for each aggregate period up to the maximum thereof.
Editor's Note: Said specimen is on file in the Borough offices.
Separate signs, having reverse color schemes placed in juxtaposition to each other, shall be used when day and night rates differ, provided that the day rate sign shall be so marked that a motorist parking his or her vehicle when day rates are in effect may, from the schedule, readily and easily determine his or her total charges should he or she remove his or her vehicle when night rates (reverse color scheme of day rate sign) are in effect.
No licensee shall alter or change his or her charges or rates from that set forth in his or her application until the licensee has filed a written notice with the Borough Clerk of such change at least 45 days before the effective date of the change and has posted signs showing the changed rates or charges in the same manner as provided in this section and placed at the right-hand side of the regular sign.
Auxiliary signs may be displayed, provided that all the letters and numerals are of equal size and conform to the style of lettering designated in Subsection E, and further provided that such sign or signs neither mislead nor confuse or tend to mislead or confuse the public.
In the event the maximum capacity of a licensed parking lot has been reached, a sign composed of letters at least six inches in height must be posted at the public entrance of such parking lot, stating, "parking lot full."
A licensee who has taken over the business of a previous licensee may not increase the schedule of prices until formal notice has first been filed with the Borough Clerk and 45 days have elapsed subsequent to such filing.
An effective guardrail or tire bumper shall be provided along such interior lot lines as is required to prevent the front or rear of cars from damaging walls, fences or other adjacent property.
The sidewalks and public streets adjacent to the parking lot shall be kept free from dirt, ice, sleet and snow and in safe condition for the travel of the public.
Parking lots shall be kept free from debris, so that the same shall not become a nuisance to the public, adjacent property owners or others.
Parking lots shall be paved with a smooth, hard surface which shall be maintained in good and safe condition. Each facility shall be adequately drained so that it will not retain water nor cause runoff to other property or to the public right-of-way.
Not more than one building for the use of attendants in the operation of each parking lot may be permitted, provided that such building is of durable construction and that the plans have been approved by the Construction and Zoning Officials. On parking lots facing two or more streets, one additional building may be maintained.
Parking lots shall be adequately lighted in all portions when in operation during the hours of darkness. Illumination shall be by means of shielded floodlights or other means of lighting approved by the Construction Official. No such illumination shall spill over the property line of the parking lot.
The operator of any parking lot which does not remain open after 4:00 p.m., when so stated in the application, need not comply with the foregoing requirement.
Driveways shall be of such width as the Borough Engineer shall approve to provide adequate access to the parking areas without the necessity of motor vehicles unnecessarily blocking streets or sidewalks. The Borough Engineer shall give due weight, in his or her judgment, to the number of such driveways, the capacity of the facility, the number of streets the facility faces upon, proximity to corners, and to such other factors that he or she shall determine, but in no event shall any driveway be less than 20 feet in width.
No driveway shall be built within a crosswalk.
All motor vehicles shall be so stored that they may be reached readily in case of fire or other emergency.
No motor vehicle shall block any fire lane designated by the Fire Marshal.
No open flame, cooking fire, warming fire, cooking grill, or fireworks shall be permitted in a parking lot.
[Amended 10-17-2017 by Ord. No. 2017-16]
The Fire Marshal may impose additional restrictions in a particular case in accordance with his or her authority under state law and the Borough Code.
No person shall move or transfer, or permit the movement or transfer of, any motor vehicle from any parking lot through or upon the streets of the Borough without the consent of the owner or bailor of such vehicle. The ownership or bailment of the motor vehicle shall be evidenced by the possession of the car registration at the time such consent is given.
All operators, and their agents, servants or employees who actually manipulate customers' automobiles, shall be legally licensed drivers in the State of New Jersey.
Licensees, and their agents, servants or employees, shall not park or maneuver motor vehicles on public sidewalks or streets.
At the time of accepting a motor vehicle for parking in a parking lot, the person conducting the same, or his or her agent, servant or employee, shall furnish to such person parking his or her motor vehicle a distinctive claim check which shall contain at least the name and address of the parking lot and the date and time of issuance of the claim check endorsed thereon.
Except as provided in § 212-11G, no licensee or employee shall make any charge for storage of any motor vehicle in a parking lot different from that charge or rate set forth in his or her application for a license.
Each licensee shall, within 24 hours, notify the Police Department of any loss, theft or conversion occurring upon the licensed premises, giving necessary details.
Each licensee shall immediately notify the Police Department when any motor vehicle shall have been parked and unclaimed without an agreement to the contrary, for a period longer than 24 hours, giving necessary details.
In addition to the penalty prescribed by § 212-25, any license issued under this chapter shall be subject to suspension and revocation by the Borough Clerk at any time where the licensee, or his or her agent, servant or employee, has:
Made any false or materially incorrect statement in his application;
Made any charge for storing any motor vehicle in a parking lot other than the rate set forth in his or her license application unless a new schedule of rates has been filed as provided in § 212-11.
Violated, permitted or countenanced the violation of any provision of this chapter;
Violated, permitted or countenanced the violation of any provision of any penal law or ordinance regarding theft, larceny, or conversion of a motor vehicle, or the operation of a motor vehicle without the owner's or bailor's consent, whether or not such licensee or other person has been convicted of such an offense;
Failed to keep an attendant on duty during the times specified in his or her application;
Used or directed the use of an area of the public streets or sidewalks for parking motor vehicles, or used an area not covered by license for the storage of motor vehicles; or
Failed to keep the lot adequately lighted in accordance with the requirements of this chapter.
No license shall be revoked or suspended by the Borough Clerk for any of the above-listed reasons until the licensee has been notified in writing of the charges against him or her and given the opportunity to be heard. The notice shall be by personal service anywhere or by certified mail, return receipt requested, addressed to the licensee at his or her address set forth in the application for the license. The notice shall state the nature of the charge and the time and place of the hearing. At the hearing, the charges against the licensee shall be presented, and the licensee shall be given the opportunity to be heard. In the event the holder of the license shall fail to appear at the hearing, then the Borough Clerk may dispose of the matter as in his or her discretion the evidence and records on hand will warrant.
The licensee may, not later than 10 days after the date of such suspension or revocation, appeal the same in writing to the Mayor and Council, who shall thereupon give such licensee due notice of the time and place where such appeal will be heard.
The Borough Clerk, officers of the Police Department, Code Enforcement Officer and the Fire Marshal shall be authorized to make any complaint for the violation of any of the provisions of this chapter.
The Borough Clerk on the affirmative recommendation of each of the reviewing officials described in § 212-4, and after consultation with the Borough Attorney, may grant relief from the requirements of §§ 212-11, 212-12, 212-13, 212-14, 212-15 and 212-16, provided that the safety of the public using the parking lot and their property are in the view of the reviewing officials otherwise adequately protected.
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $500. Each parking space made available to the public in violation of this chapter shall be deemed a separate violation, and each day in which a violation shall continue shall be deemed a separate violation.