[HISTORY: Adopted by the Board of Commissioners of the Borough
of Avon-by-the-Sea: 3-8-10 by Ord. No. 1-2010; amended in its entirety 11-28-2022 by Ord. No. 21-2022. Subsequent Amendment noted where applicable.]
This Chapter 162 is adopted for the purpose of providing a suitable location in the Borough for the parking of certain commercial vehicles by Borough residents and promoting the orderly and safe parking of those motor vehicles at the Municipal Parking Lot located on Railroad Avenue owned by the Borough.
The provisions, rules and regulations of this Chapter 162 apply to the property identified as being the parking lot situated on Railroad Avenue between Garfield Avenue and Berry Place, hereafter referred to as the "Municipal Parking Lot."
As used in this Chapter 162, the following terms shall have the following meanings:
Any commercially registered vehicle, buses, bulldozers, tractors,
cement mixers, dump trucks, boats and boat trailers, campers, vehicles
with commercial advertising, and landscaping equipment or construction
trailers.
A.
Parking in the Municipal Parking Lot shall be permitted only as set
forth herein.
B.
"Permit-Only Parking" in designated areas and spaces.
(1)
The Borough shall designate a specific area or areas in the Municipal
Parking Lot as "Permit Parking Only," which areas shall be marked
by signs indicating that parking will be by permit only and that vehicles
must bear the required permit; such signs may state "Parking For Vehicles
With Permits Only."
(2)
The parking, including overnight parking, of commercial vehicles,
as defined herein, is permitted only in specified designated "Permit
Parking Only" areas within designated spaces, subject to the further
regulations as set forth herein.
(3)
Commercial vehicles which meet any of the following criteria shall
not be eligible for issuance of a permit and the parking of such vehicles
in the Municipal Parking Lot is prohibited:
(a)
Vehicles having more than two (2) axles.
(b)
Vehicles more than ninety-six (96) inches in width or twenty-five
(25) feet in length.
(c)
Vehicles having equipment or materials extending beyond the
body of the vehicle increasing the overall vehicle and materials/equipment
length to more than twenty-five (25) feet.
(d)
Vehicles used in the transport of chemicals, petroleum products,
or hazardous waste.
(4)
The parking of unattached trailers of any kind is prohibited. The
parking of boat, snowmobile, ATV or other recreational trailers is
prohibited. The parking of trailers directly associated with the use
of the permitted commercial or oversized vehicle is permitted only
while attached to the permitted vehicle, subject to all other regulations
herein.
C.
Permit required.
(1)
No vehicle shall be parked in any designated "Permit-Only Parking"
area unless it displays a current and valid permit decal issued by
the Borough of Avon-by-the-Sea as herein provided.
(2)
A vehicle displaying a valid permit decal shall be permitted to park
in a designated space for a maximum of seventy-two (72) consecutive
hours after which it must be removed from the designated area for
a period not less than four (4) hours, unless otherwise approved by
the Chief of Police or his designee.
(3)
All vehicles must be parked with the front of the vehicle facing
the control sign which designates the parking space therefor and shall
have the permit decal permanently affixed to the rear bumper of the
vehicle, plainly visible from the parking lot.
D.
Non-permit parking only areas of Municipal Parking Lot. The overnight
parking of commercial vehicles in all areas in the Municipal Parking
Lot not designated as "Permit Parking Only" shall be prohibited.
The application and issuance of annual permits shall be in accordance
with the following provisions:
A.
Parking permits shall be issued by the Borough Clerk during the regular
hours which his or her office is open. Each applicant must provide
the Borough Clerk with a copy of a current and valid New Jersey driver's
license showing the name and address of the applicant as a resident
of the Borough of Avon-by-the-Sea, or the lease listing the applicant
as a tenant of an owner of a Borough residence. The applicant must
provide their current and valid New Jersey motor vehicle registration
certificate for the vehicle sought to be permitted, demonstrating
that the vehicle is qualified for such permit. The applicant must
also provide a valid current State of New Jersey automobile insurance
identification card. A "resident" is defined as a property owner or
a member of the property owner's immediate family and residing
at the property (i.e., parent, spouse, or child), or a tenant holding
an annual lease.
B.
The Borough Clerk shall issue no more permits than the number of
designated permit-only parking spaces provided. Permits shall be issued
to residents of the Borough of Avon-by-the-Sea on a first-come-first-served
basis until the maximum number shall have been issued, after which
no further permits shall be issued. The Borough Clerk shall maintain
a waiting list of residents who request but are not issued permits
to be utilized in reissuing permits upon the revocation, forfeiture,
surrender or nonrenewal of any existing permit.
C.
Permits shall be issued to residents or tenants with an annual lease
only and no more than one (1) permit shall be issued for each property
as designated by the Tax Map of the Borough of Avon-by-the-Sea. Any
current permit holders shall be considered grandfathered in for this
requirement.
D.
Permits shall be valid from January 1 through 12:00 midnight on December
31 of the year in which issued at a fee of $25 per permit.
E.
The Borough Clerk shall make and keep a record of all permits issued,
including therein the number of the permit, the date of issuance,
the name and address of the person to whom issued, the license plate
number(s) and the make, model and color of the motor vehicle(s) for
which each permit is issued. Permits are not transferable from resident
to resident.
F.
The applicant shall be responsible to apply for renewal of any validly
issued permit prior to the expiration of said permit, and in connection
therewith shall provide the same information, documentation and fees
as required for initial issuance.
G.
In the event that a validly issued permit is not renewed, or is otherwise
revoked, forfeited or surrendered, the Borough Clerk shall utilize
the waiting list to notify the first and successive eligible applicants
until such permit is reissued.
Further rules and regulations pertaining to such parking areas
and to parking of motor vehicles therein may be made from time to
time by resolution of the Borough Board of Commissioners.
A.
No person shall park or place any disabled or disassembled vehicle
in any such parking area, nor undertake repairs or allow such vehicle
to be in a state of disassembly in such parking area without the express
permission of the Borough Police, which permission shall be limited
in duration to the reasonable amount of time to have the disabled
vehicle removed or repaired. In no instance shall such permission
exceed twenty-four (24) hours.
B.
A disassembled vehicle shall include any vehicle in which the hood,
trunk lid, fender(s), door(s) or tire(s) have been removed and are
missing except as part of a repair being performed as permitted by
this section.
B.
Any vehicle parked in a parking area in violation of this Chapter 162 may be removed from the parking area upon order of any police officer, and the owner thereof shall pay the reasonable cost of such removal and storage which may result from such removal before being allowed to regain possession of the vehicle, and such costs of removal and storage shall be in addition to any penalty or fine hereinbefore provided.
This Chapter 162 shall not apply to any municipal vehicles registered to the Borough of Avon-by-the-Sea or to any vehicles engaged in police work or emergency services.
