[Added 12-11-1979 by Ord.
No. 1340]
As used in this article, the following terms shall have the
following meanings:
A physical impairment which shall include the loss of use
of one or more limbs as a consequence of paralysis, amputation, or
other permanent disability which renders a person unable to ambulate
without the aid of an assisting device or a person whose mobility
is otherwise limited as certified by: a physician with a plenary license
to practice medicine and surgery, a podiatrist licensed to practice
in this state or a bordering state, a physician stationed at a military
or naval installation located in this state who is licensed to practice
in any state, or, a chiropractic physician licensed to practice in
this state or a bordering state.
[Amended 3-19-2007 by Ord. No. 2007-2903]
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.
[Amended 3-19-2007 by Ord. No. 2007-2903]
The owners of all public buildings which provide parking spaces
adjacent to or used in conjunction with the public building shall,
within 180 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.
[Amended 3-19-2007 by Ord. No. 2007-2903]
Parking spaces for the physically handicapped shall be constructed
according to the following guidelines:
A.
Required number of accessible spaces.
|
Total Number of Spaces
|
Required Number of Accessible Spaces
| |
|---|---|---|
|
1 to 25
|
1
| |
|
26 to 50
|
2
| |
|
51 to 75
|
3
| |
|
76 to 100
|
4
| |
|
101 to 150
|
5
| |
|
151 to 200
|
6
| |
|
201 to 300
|
7
| |
|
301 to 400
|
8
| |
|
401 to 500
|
9
| |
|
501 to 1,000
|
2% of total
| |
|
Over 1,000
|
20 + 1 for each 100 over 1,000
|
B.
The location of the physically handicapped spaces shall be on the
shortest accessible route from the parking facility to an accessible
entrance of the building which the facility serves. The determination
of said location shall be made by the Code Enforcement Office in conjunction
and consultation with the owner. In shopping centers and other multistore
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 Code Enforcement Officer and the owner. Where buildings
have multiple accessible entrances with adjacent parking, the accessible
parking spaces should be disbursed and located as near as possible
to the accessible entrances.
C.
Each space 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 sign for each space shall be as specified in the current Manual on Uniform Traffic Control Devices, and shall also state the current penalty which may be imposed for a violation under § 465-78 of this chapter. The lines designating the area shall be painted in powder blue paint and the center of the space shall have painted thereon the international symbol of accessibility.[1]
|
D.
Handicapped parking spaces shall be at least eight feet wide, with
adjacent striped access aisle at least five feet wide. At least one
handicapped parking space in each parking lot must be van accessible,
being eight feet wide with an adjacent striped access aisle at least
eight feet wide. Each handicapped parking space shall be indicated
with a sign permanently installed in the ground at least five to seven
feet above ground with the international symbol of accessibility.
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 from the end of the
access aisle to the sidewalk. The entrance to said ramps shall not
be higher than the grade level of the parking area to which they connect.
[Amended 8-27-1990 by Ord. No. 90-2195]
Parking is hereby prohibited in any space on public or private
property appropriately marked for vehicles for the physically handicapped
pursuant to N.J.S.A. 39:4-197.5 or any other applicable law unless
the vehicle is authorized by law to be parked therein and a handicapped
person is either the driver or a passenger in that vehicle.
The Township Clerk shall issue free of charge a Township special vehicle identification card to any physically disabled person (resident or nonresident) who may not qualify for such identification under N.J.S.A. 39:4-204 but does qualify under § 465-73 of this article. A physician's certification shall be necessary to establish the qualifying status of each applicant.
[Amended 4-28-1981 by Ord. No. 1421; 8-27-1990 by Ord. No. 90-2195; 12-15-2003 by Ord. No. 2003-2749]
Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card in violation of N.J.S.A. 39:4-197.5 and § 465-77 of the Code of the Township of Middletown 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 of community service, such terms and in such form as the court shall deem appropriate, or in any combination thereof.
