[Ord. No. 88-12, § 33A-1]
This article shall be known as the "Handicapped Parking Regulations"
of the Township of Millstone.
[Ord. No. 88-12, § 33A-2]
As used in this article:
PHYSICAL HANDICAP
Shall mean a physical impairment which confines a person
to a wheelchair, causes a person to walk 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.
PUBLIC BUILDING
Shall mean 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.
[Ord. No. 88-12, § 33A-3]
The owners of all public buildings which provide parking spaces
adjacent to or used in conjunction with the public building shall,
within 180 days of notice thereof, provide for parking spaces for
handicapped persons in accordance with the guidelines herein set forth
and in a location and manner as determined by the Construction Official.
Any parking facility with less than 16 existing spaces shall be exempt
from the provisions of this article.
[Ord. No. 88-12, § 33A-4; Ord. No. 91-04, § 1]
Parking spaces for the physically handicapped shall be constructed
according to the following guidelines:
a. A
minimum of 1% of the total number of parking spaces in the parking
facility shall be used for handicapped parking, but these shall not
be less than two parking spaces in each such facility.
b. The
location of the physically handicapped spaces shall be in an area
of the parking facility which is most accessible and approximate to
the building or buildings which the facility serves. The determination
of the location shall be made by the Construction Official in conjunction
and consultation with the owner. In shopping centers and other multi-store
facilities, the handicapped spaces shall be as near to the flagship
store as possible and/or at such other locations as may be agreeable
between the Construction Official and the owner.
c. 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, "These Spaces Reserved for Physically Handicapped
Only. Special Vehicle Identification Required," together with notification
of the penalties which may be imposed for a violation. The layout,
designing and positioning of the signs erected shall be subject to
review and approval by the Code Enforcement Officer. No proof of such
approval shall be required for prosecution of violations of this article.
The lines designating the area shall be painted in fluorescent yellow
paint, and the center of the space shall have painted thereon the
capital letter "H" or the international handicapped symbol.
d. Each
space shall be 12 feet wide to allow room for persons in wheelchairs
or on braces or crutches to get in or out of either side of the automobile
on a level paved surface suitable for wheeling and walking.
e. Where
possible, such spaces shall be located so that persons in wheelchairs
or using braces or crutches are not compelled to wheel or walk behind
parked cars.
f. Where
applicable, curb ramps shall be provided to permit handicapped people
access from parking area to sidewalk.
[Ord. No. 88-12, § 33A-5; Ord. No. 90-04, § 1; Ord. No. 91-04, § 1]
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 the
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.
[Ord. No. 88-12, § 33A-6]
The Township Clerk shall issue, free of charge, a Township 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 does qualify under Section
8-2 of this article. A physician's certification shall be necessary to establish the qualifying status of each applicant.
[Ord. No. 88-12, § 33A-7; Ord. No. 90-04, § 1; Ord. No. 91-04, § 1; Ord. No. 03-39, § III; Ord. No. 04-41, § I; Ord. No. 06-06, § III]
Any person violating the provisions of this article shall be subject to a fine as stated in Chapter
1, Section
1-5, and up to 90 days of community service on such terms and in such form as the Court shall deem appropriate, or any combination thereof.