[MC 2006-33, § 1, October 5, 2006]
Residential handicapped parking is hereby created.
[MC 2006-33, § 2, October 5, 2006]
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(a)
Handicapped parking permit means a decal or other device issued in accordance with State law to any handicapped driver using the international handicapped symbol consisting of s stylized wheelchair on a blue background.
(b)
Residential district means and includes all those areas within the corporate limits of the City carrying any residential zoning designation, as they now exist or as they may from time to time be amended in the future and any other location that has characteristics consistent with and similar to residential areas as described in the Zoning Code.
(c)
Residential unit. For the purposes of this article, a residential property means a single and two family structure.
[MC 2006-33, § 3, October 5, 2006]
(a)
Requirements for handicapped parking space in residential area. Handicapped parking spaces upon public streets in residential areas shall be designated by the Director of Public Affairs and Safety, upon full compliance with the terms and provisions of this section regulating the designation of handicapped parking spaces in residential areas upon City streets. The parking, loading, unloading or standing of any vehicle in a parking space in a residential area designated as a handicapped parking space is prohibited unless a permit is issued pursuant to this section.
(b)
Permit requirements.
(1)
Any person seeking the designation of a parking space on a public street in the City as a handicapped parking space must first submit a written application to the Director of Public Affairs and Safety containing the name of handicapped driver, name of the driver of the handicapped person if different from the handicapped person, the street address of the residence of the handicapped person, social security number and driver's license number of the handicapped driver, and any other information required by the Director of Public Affairs and Safety. Where the address of the handicapped applicant is different from the address of the licensed driver, the Director of Public Safety may request additional information that establishes the relationship of the nonhandicapped licensed driver to the handicapped applicant.
(2)
The application shall also be accompanied by a site plan showing the location of the street, the residence of the handicapped applicant and driver (if different), the space sought to be designated as a handicapped parking space, and any other information required by the Director of Public Affairs and Safety.
(3)
No permit shall be issued pursuant to this section if the applicant has off-street parking available or sufficient space which may be used for off-street parking upon the applicant's premises.
(4)
The Director of Public Affairs and Safety shall have the authority to approve or disapprove the application and issue or refuse to issue the permit designating a handicapped parking space in a residential area.
(5)
All permits granted shall be for one (1) year, and each applicant shall reapply for a permit before the expiration of the current one (1) year period pursuant to the following conditions:
(A)
Permit renewals shall be submitted no later than thirty (30) days prior to the expiration of the current permit.
(B)
It shall be the responsibility of the applicant to submit a complete application for renewal, including proof of continuing handicap condition and residency. Proof of condition and residency may not be less than two (2) documents, including a current utility bill and State certification of handicap.
(6)
The Director of Public Affairs and Safety shall include a review of the applicant's qualifying disability to apply a standard that supports the most restrictive disability, wherein the distance to the applicant's door is less than one hundred (100) feet from the proposed designated parking space.
(7)
The applicant, if the application for a permit is granted, shall contribute to the cost of all improvements to the curb or pavement to facilitate use by the permit holder. The fees and costs shall be paid through the Office of the Director of Public Affairs and Safety.
(8)
The Director of Public Affairs and Safety, or his designee, in connection with all approved applications under this section, shall assign an identification number to the handicapped parking space and shall assign the same number to the permit issued in connection with that parking space. Only the vehicle operated by the handicapped driver or operated on his/her behalf shall be allowed to park in such handicapped parking space. It shall be a violation for any vehicle to park in a handicapped parking space except for that vehicle bearing the identification number assigned to that space pursuant to the provisions of this section.
[MC 2006-33, § 4, October 5, 2006]
(a)
Unauthorized use of parking space prohibited. The permit is nontransferable. No person, except a person driving pursuant to a residential handicapped parking permit, shall park a motor vehicle in residential parking spaces marked as "reserved for handicapped persons." This provision shall apply only to on-street parking owned or operated by the City, and on all City streets with a permitted residential handicapped parking space designation.
(b)
Nuisance, injunction. Any violation of this article is declared to be a nuisance. In addition to any other relief provided by this article, the City Office of the Corporation Counsel may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this article. Such application for relief may include seeking a temporary restraining order, temporary injunction and permanent injunction in addition to fines.
[MC 2006-33, § 5, October 5, 2006]
(a)
There shall be no fee for a residential handicapped parking permit for the twelve (12) month permit period except where such designated space may require structural improvements to the designated parking space.
(b)
The permit holder shall be required to make a refundable deposit in the amount of One Hundred Dollars ($100.00) upon application for the permit. Which deposit shall be returned to the permit holder upon the occurrence of any of the following conditions:
(c)
There shall be an additional deposit equal to the amount necessary to restore any alterations to the City infrastructure, including curbing and sidewalks, refundable upon nonrenewal of the permit.
[MC 2006-33, § 5, October 5, 2006]
(a)
The summonses issued under this article shall be in the form of the Uniform Traffic Ticket or such other summonses as may be from time to time designated by the Director of the Division of Motor Vehicles of the State of New Jersey as the Uniform Traffic Ticket.