The Borough Council, at the recommendation of the appropriate body, shall designate parking spaces for handicapped persons at all public buildings. Public buildings as set forth in this article are as defined by N.J.S.A. 52:32-6, Subdivision a.
[HISTORY: Adopted by the Mayor and Council of the Borough of Woodlynne as indicated in article histories. Amendments noted where applicable.]
[Adopted by 3-10-1994 by Ord. No. 1994-1 (Ch. 87 of the 1976 Code)]
The parking spaces so designated for physically handicapped shall conform to the requirements of N.J.S.A. 52:32-12.
The parking spaces for physically handicapped, as determined and designated pursuant this article, shall be the exclusive use of those vehicles displaying special markers issued by the Director of the Division of Motor Vehicles, pursuant to N.J.S.A. 39:4-206, and operated or occupied by a handicapped person.
A.
The operator of any vehicle parking in the restrictive parking area for handicapped persons and not having the required certificate pursuant to N.J.S.A. 39:4-206 shall be subject to a fine of $100 for a first offense.
B.
In addition to the imposition of the fine set forth herein, the police may authorize the towing of such vehicle and impoundment thereof, and the owner thereof is to be responsible for all towing, impoundment and storage costs, which charges shall be paid in full prior to the release from impoundment of any vehicle.
C.
The Municipal Court Judge may, upon establishment by appropriate medical proof that the operator of the vehicle was in fact handicapped but did not have the certificate as provided by N.J.S.A. 39:4-206 properly affixed to the vehicle, suspend the imposition of any fine; however, in the event that the vehicle was impounded, the owner and/or operator shall be required to pay all fees, charges and expenses relating to the towing, storage and impoundment prior to the release of said vehicle as provided herein.
All parking spaces for the physically handicapped approved by Borough Council and issued by the Police Department prior to the adoption of this article are hereby grandfathered as meeting all requirements.
[Adopted 9-12-2002 by Ord. No. 2002-7]
The purpose of this article is to establish a restricted parking zone, by ordinance, in front of a residence occupied by a handicapped person, which person has been issued a windshield placard or wheelchair symbol licenses plates for the vehicle owned by the handicapped person.
This article is enacted in accordance with N.J.S.A. 39:4-197.6, which does confer upon the Borough a right to establish resident handicapped on-street parking in order to preserve and safeguard the public health, safety and welfare.
A.
The person requesting on-street resident handicapped parking is a resident of the Borough of Woodlynne who shall make application to the Woodlynne Borough Police Department. The application shall be reviewed, and approved or denied, by the Chief of Police of the Borough of Woodlynne. A negative determination may be appealed to the Borough Council if a request, from the resident aggrieved, is received within 20 days from the date of the Chief's declination.
B.
The person requesting on-street resident handicapped parking has been issued a wheelchair symbol license plate or windshield placard issued by the New Jersey Division of Motor Vehicles which is properly displayed in either the handicapped resident's vehicle, or the vehicle of an immediate family member who also resides at that location.
C.
The subject property passes an on-sight inspection by the Borough of Woodlynne Police Department, which inspection shall determine whether handicapped parking will interfere with the normal flow of traffic, or whether there is immediate adjacent off-street parking available to the applicant.
D.
The applicant complies with the provisions of N.J.S.A. 39:4-138(o) and 39:4-197.6 regulating handicapped parking in designated spaces.
E.
Upon approval of an applicant's request for resident handicapped on-street parking, the Borough will enact an appropriate ordinance designating the name of the subject street, the side of that street where the resident resides, and a description of the allowed parking area in front of the subject residence. Such designation shall be within the property lines of the subject residence, but otherwise shall be subject to the discretion of the Police Department and the Chief of Police.[1]
[1]
Editor's Note: Ordinances establishing handicapped resident on-street parking spaces are not included in the Code but are available from the Borough Clerk's office.
There shall be no existing handicapped parking zones grandfathered. All residents with existing handicapped on-street parking zones shall reapply.
Any person improperly parking in a properly designated resident handicapped restricted parking space shall be subject to a $100 fine. Violators may also be subject to penalties under N.J.S.A. 39:4-207.7.