[HISTORY: Adopted by the Mayor and Council of the Borough
of Montvale as indicated in article histories. Amendments noted where
applicable.]
[Adopted 2-8-1961 by Ord. No. 435 (Ch.
64 of the 1966 Code)]
For the purpose of the interpretation and enforcement
of this chapter, the following words have the meanings hereinafter
ascribed to them:
A person who is in actual physical control of a vehicle or
who causes a vehicle to be operated, whether the owner thereof or
his agent, employee, licensee or invitee.
A person who holds the legal title of a vehicle or in whose
name a vehicle is currently registered or was last registered with
the Motor Vehicle Commission of the State of New Jersey.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person, firm, partnership, association, corporation,
company or organization of any kind.
Every device in, upon or by which a person or property is
or may be transported upon a highway, except devices moved by human
power or used exclusively upon stationary rails or tracks.
The following described lot or tract of land
in the Borough of Montvale is hereby designated as a municipal parking
lot:
A.
Beginning at a
point in the southwesterly side of Railroad Avenue distant southwesterly
90.56 feet from the westerly line of Magnolia Avenue (now Kinderkamack
Road) and running thence north 47° nine minutes 30 seconds west
150 feet; thence south 42° 50 minutes 30 seconds west 178 feet;
thence south 47° nine minutes 30 seconds east 150 feet to the
southwesterly side of Railroad Avenue, thence along the south westerly
side of Railroad Avenue 178 feet to the point or place of beginning.
B.
Being further
known as Lot No. 32-A in Block 57 as shown on the current Assessment
Map of the Borough of Montvale.
[Amended 11-10-1987 by Ord. No. 87-844]
The parking of vehicles in all municipal-owned
parking lots in the Borough of Montvale is hereby limited and restricted
to vehicles operated by bona fide residents of the Borough of Montvale
possessing the proper form of identification as hereinafter provided.
The parking of a vehicle in said municipal parking lots by any other
person is prohibited.
[Amended 3-28-1989 by Ord. No. 88-887; 6-12-2001 by Ord. No.
2001-1161; 5-11-2010 by Ord. No. 2010-1326]
A.
Any resident of
the Borough of Montvale desiring to park in a municipal-owned parking
lot must obtain a vehicle parking permit by making application, in
writing, to the Borough Clerk. Upon approval of the application by
the Borough Clerk and payment of a fee per vehicle as set forth below,
the vehicle parking permit shall be issued for each approved vehicle
to such resident.
(1)
Daytime permits. All daytime permits shall be issued
for a period of one year from May 1 of each year to April 30 of the
following year. Daytime permits shall not be transferable, and shall
not guarantee that a parking space will be available in a municipal-owned
parking lot. All parking under daytime permits shall be on a first-come,
first-served basis. The permitted vehicle may be parked in one of
the designated spaces in the municipal-owned lot, provided such parking
space is available, daily except between the hours of 2:00 a.m. and
5:00 a.m., prevailing time. Handicapped parking spaces are available,
provided the resident has an approved vehicle parking permit. The
cost for a daytime permit shall be $50 per year.
(2)
Overnight permits. Overnight permits shall be issued
for a period of either one, six, or 12 months, at the option of the
applicant and subject to availability, and shall expire on the one-month,
six-month, or twelve-month anniversary of the date of permit issuance,
respectively. Overnight permits shall not be transferable. The permitted
vehicle must be parked in an assigned, numbered space in the municipal-owned
lot. The permitted vehicle may be parked in the assigned space at
any time, including overnight between the hours of 2:00 a.m. and 5:00
a.m., prevailing time. Handicapped parking spaces are available, provided
the resident has an approved vehicle parking permit. The cost for
a permit shall be $60 per month. The fees for all permits, including
six-month and twelve-month permits, must be paid in advance at the
time of the permit application. In the case of a permit renewal, the
requisite application and payment shall be made no later than 10 days
prior to the expiration of the current permit.
B.
All permits shall
be conspicuously displayed on the reverse side of the interior rear-view
mirror. Each permit shall be utilized only on the vehicle for which
it was issued and shall contain the registered license plate number
for the vehicle as issued by the New Jersey Motor Vehicle Commission.
It shall be incumbent upon the permit holder to notify the Montvale
Police Department should the resident change vehicles or the license
plate of said vehicle. When the permit is so affixed, the vehicle
may be parked in a municipal-owned parking lot in accordance with
the provisions of this chapter.
C.
The parking of any vehicle not bearing the parking
permit in lots herein provided for except on Saturdays, Sundays and
legal holidays, the parking of a vehicle in a numbered space not assigned
to the parked vehicle, or the parking of any vehicle in said lots
during prohibited hours shall be deemed a violation of this section.
Failure to properly display the approved parking permit shall be deemed
a violation of this section. Parking in any municipal-owned parking
lot except as herein expressly authorized is hereby prohibited.
D.
Prior to the issuance of a permit pursuant to this
chapter, the vehicle owner shall be required to execute a hold harmless
agreement in favor of the Borough of Montvale and its various departments,
employees, agents and officers, holding the Borough harmless in the
event of any injury or property damage resulting from the use of the
municipal-owned parking lot.
E.
Commercial trucks shall not be eligible for parking
permits under this chapter.
In addition to the penalty that may be imposed
for the violation of any of the provisions of this chapter, if any
vehicle is parked in any municipal-owned parking lot in violation
of any of the provisions of this chapter, the Police Department may
cause such vehicle to be removed to such place as is designated by
the Chief of Police. The owner or operator of any vehicle so removed
shall pay the reasonable cost and expense of such removal and storage
which may result therefrom, and any person, firm or corporation desiring
to reclaim such vehicle may do so by paying the expense of such removal
and storage.
Should any section, part or provision of this
chapter be held unconstitutional or invalid, such decisions shall
not effect the validity of this chapter as a whole or any part thereof
other than the part so held unconstitutional or invalid.
Every person who violates or fails to comply
with any of the provisions of this chapter shall, upon conviction
thereof by the Magistrate of the Municipal Court of the Borough of
Montvale, be subject to a fine in the amount not exceeding $25 for
each offense or violation and, in default of payment thereof, by imprisonment
in the county jail for a period not exceeding seven days, or both,
in the discretion of the Court.
This chapter shall take effect upon final passage
and publication as required by law.
[Adopted 10-13-2016 by Ord. No. 2016-1421 (Ch. 65, Art. I, of the 1966
Code)]
The property sought to be regulated by this article is the Montvale
Train Station, which is located on Grand Avenue between Railroad Avenue
and Kinderkamack Road. The property is triangular in shape, being
located at the corner of Railroad Avenue and Grand Avenue in the Borough
of Montvale. The property is identified as Block 1605, Lot 1, on the
official Tax Map of the Borough.
A.
Hours of operation. The station
building shall remain open at all times except during the hours of
2:00 a.m. and 5:00 a.m., when the building shall be closed. No one
shall be permitted inside the building during the hours when the building
is closed. Nothing herein shall be interpreted to prohibit the police,
Department of Public Works or other municipal employees from temporarily
closing the station building at any other time when deemed in the
best interest of the health, safety and welfare of the public.
B.
Permitted use. During the hours
in which the station building is open, the use of the station building
is limited to ticketed passengers within two hours of their intended
train. No person who intentionally misses the train shall be permitted
to remain in the station building.
A.
The parking lot on the property
shall remain open at all times, subject to the parking restrictions
currently in place.
B.
The Montvale Police Department
shall be empowered to take all appropriate security measures deemed
necessary to ensure the safety and security of the public at the Montvale
Train Station, which may include the placement of security cameras
in, on, or near the station building.
The Borough of Montvale Police Department shall be primarily
responsible for opening and locking the building on the property,
subject to assistance as necessary by the Department of Public Works
serving the Borough.
