The purpose of this chapter is to establish certain areas of municipal and private property that are open to the public or to which the public is invited, while prohibiting parking in areas designated as "handicapped parking spaces."
[HISTORY: Adopted by the Mayor and Council of the Borough of Demarest 9-20-1982 by Ord. No. 542. Amendments noted where applicable.]
This chapter is enacted in accordance with N.J.S.A. 40:48-2.46, which does confer upon the Borough of Demarest the right to establish handicapped parking spaces in order to preserve and safeguard the public health, safety, morals and welfare.
As used in this chapter, the following terms shall have the meanings indicated:
A physical impairment which confines a person to a wheelchair, causes a person to work 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.
No person shall stand, park or cause to be parked any vehicle which is not operated by a person with a disability in an area or parking place which has been specifically designated as a parking area or parking place for vehicles of persons with a disability.
The Borough of Demarest shall have the authority to provide parking spaces for persons with a disability in all parking lots or areas maintained by it pursuant to the applicable standards set forth herein.
Such notice shall consist of a sign not less than 18 inches by 24 inches, upon which there shall be written the words "Parking for Persons With a Disability Only" and/or such words painted on the ground.
Notice in the form described shall be posted at the parking area or parking places so designated for the parking of persons with a disability by the owner or occupant, lessee or licensee, and, upon posting, provisions of this chapter shall apply thereto.
The damaging or defacing of such a sign is hereby prohibited.
A.
One specifically designated parking space for persons with a disability shall be provided for every 15 parking spaces in any parking area which is open to the public and to which the public is invited.
B.
The parking spaces set forth in Subsection A hereof shall be in front of or adjacent to the entrance to the public facility which the parking area serves. Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto a level, paved surface suitable for wheelchairs and walking.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
No person shall park a vehicle in any parking space designated and marked as being set aside for persons with a disability in any parking facility unless the operator of the vehicle is the holder of an identification card issued pursuant to N.J.S.A. 39:4-205 or § 104-11 hereof, and said operator's vehicle shall have affixed thereto an identification certificate or marker issued either by the Chief Administrator of the New Jersey Motor Vehicle Commission or a local certificate issued by the Borough of Demarest. Parking in a handicapped space without the aforesaid vehicle identification shall create a rebuttable presumption that use of the space was not for persons with a disability.
The Borough Clerk, subject to review and approval by the Mayor and Council, shall issue free of charge a Borough 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 who does qualify under the definition of "physical handicap" in § 104-3 of this chapter. A physician's certification shall be necessary to establish the qualifying status of each applicant.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
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.