[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.
