The purpose of this section is to regulate the parking of vehicles
on public property or on private property that is open to the public
or to which the public is invited by prohibiting parking in areas
designated as handicapped parking spaces except for use by persons
who have been issued handicapped person identification cards by the
Division of Motor Vehicles or a temporary placard by the chief of
police of a municipality in the State of New Jersey and providing
penalties for the violation thereof.
This section is enacted in accordance with N.J.S.A. 40:48-2.46
which does confer upon the Township of Ocean the right to establish
handicapped parking spaces in order to preserve and safeguard the
public health, safety and welfare.
The owners of all properties which contain parking yards and
parking places which are open to the public or to which the public
is invited and which require properly designated handicapped parking
spaces pursuant to approved site plans or as may have been otherwise
authorized by the Township of Ocean in accordance with its ordinances
shall provide, maintain and install signs and pavement markings for
each parking space reserved for use by handicapped persons. The cost
of procurement and installment of the signs and pavement markings
shall be that of the owner. The owner shall, subsequent to initial
procurement and installation, maintain such signs and pavement markings
in good condition at no cost or expense to the township. The owner
shall be responsible for the repair and restoration or replacement
of same.
Each space or group of spaces shall be identified with a clearly
visible sign displaying the international symbol of access along with
the following words "Reserved Parking" together with notification
of the penalties which may be imposed for a violation. The layout,
designing and position of the signs erected shall be subject to review
and approval by the police department.
No person shall park a vehicle in any parking space designated
and marked as being set aside for the physically handicapped in any
parking facility whether on public or private property unless said
vehicle shall have affixed thereto an identification certificate or
marker issued either by the New Jersey Director of the Division of
Motor Vehicles and/or a local certificate and a handicapped person
is either the driver or a passenger in the vehicle. Parking in a handicap
space without the aforesaid vehicle identification shall create a
rebuttable presumption that use of the space was not for the physically
handicapped.
a.Â
Chief of Police to Issue Temporary Placard. The chief of police shall
issue to any person who has temporarily lost the use of one or more
limbs or is temporarily disabled as to be unable to ambulate without
the aid of an assisting device or whose mobility is otherwise temporarily
limited, as certified by a physician with a plenary license to practice
medicine and surgery in this State or a bordering State, a temporary
placard of not more than six months duration. Each temporary handicapped
placard issued under the provisions of this subsection shall set forth
the date upon which it shall become invalid.
A physician's certificate shall be necessary to establish
the qualifying status of each applicant. The certification shall be
provided on the standard form approved by the Director of the Division
of Motor Vehicles.
The placard may be renewed one time for a period of not more
than six months duration. It shall be displayed on the motor vehicle
used by the temporarily handicapped person.
b.Â
Fee for Issuance of Temporary Placard. The chief of police shall
collect a fee of $4 payable to the Director of the Division of Motor
Vehicles upon issuance of the temporary placard pursuant to paragraph
b.
Any person who violates any of the provisions of this section
shall be subject 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. A mandatory court appearance is required
under this section.
a.Â
An eligible handicapped person may request a law enforcement officer
to arrange for the removal and storage of a motor vehicle which is
parked unlawfully in a parking space or zone which is restricted for
use by a handicapped person. It shall be the obligation of the owner
of the motor vehicle to pay the reasonable costs for the removal and
for any storage which may result from the removal.
b.Â
The assessment of removal and storage costs against a person under
this section shall be in addition to any other penalty assessed against
the person.
