CROSS REFERENCE: For regulation of municipal parking lots, see
Chapters 8 and 9 of Title XXIII of these Revised General Ordinances.
[R.O. 1966 § 8:2-1; Ord. 6 S+FH, 6-3-1987]
As used in this chapter:
Shall mean the Director of the Department of Finance and/or
his designee.
Shall mean any vehicle which is self-propelled.
Shall mean any place, lot, parcel, yard, building or structure
used in whole, or in part, for storing or parking motor vehicles,
where a storage or parking fee is charged therefor and which is open
to the general public. Provided, however, that garages and other places
where motor vehicles are stored for hire within or on a building shall
be exempt from the provisions hereof, but any area of such premises
used for open air parking or storage shall be subject to the provisions
of this chapter. There is also excluded from the provisions of this
chapter, residential neighborhood parking lots, restricted to residents
thereof, without charge, or on a monthly rental basis, and such premises
are not held out for use by the general public and are not marked
or advertised as a public parking lot.
[R.O. 1966 § 8:2-2]
No person shall conduct, operate or maintain a parking lot without
first obtaining a license therefor from the City as hereinafter provided.
[R.O. 1966 § 8:2-3; Ord. 6 S+FV, 12-18-1985; Ord.
6 S+FG, 1-7-1987]
a.
Application for a parking lot license and renewal thereof shall be
made to the Division of Tax Abatements/Special Taxes by the person
intending to operate the parking lot, on a form furnished by the Division
of Tax Abatements/Special Taxes.
b.
The application shall set forth the following:
1.
The name under which, and the street number of the place where, the
parking lot is to be operated, and if a corporation, the location
of the office in this State together with the name and address of
the registered agent in charge thereof.
2.
Whether the applicant is an individual, partnership, corporation
or association; if an individual, the name and business and residence
address of the applicant; if a firm or partnership, the name and business
and bona fide residence addresses of each partner or member of the
firm; if a corporation or association, the name, date and State under
which such corporation or association was organized, and the name
and business addresses of its officers.
3.
Whether the premises to be licensed are owned or leased by the applicant,
and, if leased, the name and bona fide residence and business address
of the lessor.
4.
The maximum number of motor vehicles which may, at one time, be stored
upon the premises.
5.
The hours during which motor vehicles may be stored.
6.
The hours during which parking attendants will be on duty on the
lot.
7.
A complete schedule of rates to be charged for storing motor vehicles,
including monthly rates, weekly rates, and any other bulk rates, if
offered.
c.
The applicant shall file with the application a plat or drawing of
the parking lot, approved by the Director, Department of Engineering,
showing the location and size of the parking lot; the location and
size of each stall and parking lane; the location and size of driveways
and aisles; the kind of floors or ground surface; the location and
type of lighting units and signs; and the number and type of fire
extinguishing equipment to be provided on the premises to be licensed.
1.
For all automobile parking except as provided in subparagraph 2,
the minimum space shall be 8 1/2 feet wide and 18 1/2 feet
long. An 8 1/2 foot stall width assumes a clear space on adjacent
stalls of the same dimension on both sides. If a stall is located
with one side adjacent to a wall or high curb, an additional six inches
of width is needed. The minimum stall width, if walls are on both
sides, shall be 9 1/2 feet. In addition, each parking space,
as described above, shall be delineated by yellow or white surface
paint lines.
2.
For all automobile parking where the vehicles are parked two or more
deep, i.e. "stacked," the minimum width for each parking lane created
shall be 8 1/2 feet. Each lane shall be delineated by white or
yellow surface paint lines for the entire length.
d.
Each application shall be signed and verified under oath by the applicant,
if an individual firm or partnership; or by a duly authorized agent
or properly constituted officers, if a corporation or association.
[R.O. 1966 C.S. § 8:2-4]
Prior to the issuance of a license, each applicant shall file
with the Division of Tax Abatements/Special Taxes a policy or certificate
of public liability insurance issued by a company authorized to do
business in New Jersey, in the minimum amount of: (1) $100,000 for
one person and $200,000 for two or more persons for personal injury;
and (2) $10,000 for property damage; the period of insurance coverage
as evidenced by the certificate shall be concurrent with the term
of the license.
[R.O. 1966; R.O. 1966 C.S. § 8:2-5; Ord. 6 S+FV, 12-18-1985 § 2; Ord. 6 S+FG, 1-7-1987 § 2]
All renewal applications shall be subject to the requirements
of this chapter except that it shall not be necessary to furnish a
supplementary plat or drawing of the parking lot with the renewal
application unless changes have been made that do not appear upon
the plat previously filed when the initial license was issued and
approved by the Division of Tax Abatements/Special Taxes, or the plat
or drawing previously filed when the initial license was issued and
approved by the Division of Tax Abatements/Special Taxes does not
conform with the requirements set forth in this chapter as amended
and supplemented. If any such change has been made or if there is
any nonconformance with this chapter as amended and supplemented,
a new supplementary plat or drawing shall be filed with the renewal
application and approved by the Director, Department of Engineering
before the renewal license is issued. Renewal applications shall be
filed by September 1st of each year.
[R.O. 1966; R.O. 1966 C.S. § 8:2-6; Ord. 6PSF-A(S), 1-7-2016]
a.
Upon satisfying the requirements of Sections 8:2-3, 8:2-4 and 8:2-6b, a license shall be issued by the Director granting to the licensee the privilege of using the subject premises for automobile parking. The license so issued is subject to revocation after 30 days. In order to avoid revocation the licensee must, during this thirty-day period, satisfy the requirements of this chapter and the matters set forth in the application and shown in the accompanying plat or drawing. The licensee must also, during this same thirty-day period, receive the approval of the Division of Tax Abatements/Special Taxes, the City Traffic Engineer, the Division of Fire and the Electrical Subcode Official in the Department of Engineering.
b.
No license shall be granted for any premises unless the use for automobile
parking is permitted on the premises under Title XLI, Zoning and Land
Use Regulations, of the City, or upon the granting of a permit therefor
as provided by Title XLI, Zoning and Land Use Regulations by way of
a variance from the terms of Title XLI, Zoning and Land Use Regulations
as by the ordinance and Statutes provided, and subject further to
all ordinances of the City affecting the construction and maintenance
of the parking lot.
|
CROSS REFERENCE: For zoning, see Title XLI, Zoning and Land
Use Regulations of these Revised General Ordinances.
|
[R.O. 1966; R.O. 1966 C.S. § 8:2-7]
All licenses issued under this chapter by the Director shall
be numbered.
[R.O. 1966; R.O. 1966 C.S. § 8:2-8; Ord. 6 S+FD, 6-1-1988 § 1; Ord. 6 PSF-D, 8-3-2016 § 2; amended 12-21-2021 by Ord. No. 6PSF-a(s), 12-21-2021]
a.
All licenses issued, and renewals thereof, under this chapter shall
expire biennially on September 30th after its date of issuance. If
any applicant obtains an initial license pursuant to this section
after the renewal date or in between a biennial cycle, the applicant
will pay a pro-rated application fee. The applicant's license will
thereafter expire on September 30th in accordance with the biennial
licensing cycle. The Division of Tax Abatements/Special Taxes shall
establish administrative rules and/or regulations pertaining to scheduling
for the issuance of a parking lot license.
b.
The biennial license for the operation of an open air parking lot
shall be computed at the rate of $0.08 per square foot of the total
area occupied by the parking lot.
c.
The biennial license fee for the operation of an enclosed parking
lot (building) shall be computed as to its capacity as follows:
1.
Each parking building which has the capacity to hold not more than
50 vehicles will be $300.
2.
Each parking building which has the capacity to hold 50 vehicles
but not more than 100 vehicles will be $450.
3.
Each parking building which has the capacity to hold more than 100
vehicles will be $700.
d.
When an application is received for an installation made after the
first of October of any year, the annual fee shall be for the pro-rata
part thereof for the unexpired period of the one-year term, commencing
on the first of the month in which the parking garage or lot comes
into operation.
[R.O. 1966 § 8:2-9]
a.
In the event of the sale or transfer to a new operator of the parking
lot business, the new operator shall make application to the Division
of Tax Abatements/Special Taxes for transfer of the license. Such
application and transfer of the license shall be subject to all the
terms, conditions and requirements of this chapter applicable to a
new application and the granting of a new license.
b.
In the event of the sale or transfer, the transferor or licensee
shall surrender his license to the Division of Tax Abatements/Special
Taxes within the twenty-four-hour period next following the sale or
transfer.
c.
No license shall be issue to the new operator under paragraph a of
this section unless and until there shall be compliance with paragraph
b of this section.
[R.O. 1966 § 8:2-10; Ord. 6 S+FV, 12-18-1985 § 3; Ord. 6 S+FG, 1-7-1987 § 3]
a.
All licenses and renewals thereof shall be subject to the requirements
of this chapter and any amendments thereto or supplements thereof.
b.
The conditions set forth in the application and its accompanying
items upon which the license, or any renewal thereof, was issued,
shall be maintained by the licensee continuously during the conduct
of the business thereunder, and a violation thereof shall constitute
a violation of this chapter.
c.
The licensee shall be responsible for the proper conduct of his agents,
servants and employees in the conduct of the business and for any
violation of the provisions of this chapter thereby.
[R.O. 1966; R.O. 1966 C.S. § 8:2-11; Ord. 6 S+FW, 8-3-1988 § 1]
a.
Each licensee under this chapter shall maintain in good condition
at all times, at each entrance to such parking lot, a sign, suitable
to apprise persons intending to use a parking lot, of the:
1.
Name of licensee;
2.
Address of licensee;
3.
Telephone number of licensee;
4.
Address of premises;
5.
Parking lot license number;
6.
Opening and closing hours of the parking lot;
7.
Hours when attendant will be on premises;
8.
Rates charged for parking or storage indicating that these rates
include City of Newark parking taxes.
b.
Signs giving all the above information shall be erected only at points
of ingress on private property. If point of ingress is more than 50
feet wide, the signs must be so positioned as to be no more than 50
feet from the point of ingress.
The signs shall be of sheet metal or other suitable material
and shall be displayed at a height of not less than four feet (bottom
edge) and not more than 12 feet (top edge) above the street level.
No sign shall be less than 20 nor more than 50 square feet.
Signs shall be erected so as to be visible to a motorist before
he leaves the thoroughfare and before he enters the parking lot.
Signs shall be composed of a solid background and the letters,
numerals, or symbols shall all be of the same contrasting color. The
upper-case (capital) to be two inches high; all letters "san serif,"
as per attached "Specimen No. I."[1] Letters and numerals shall be proportionately spaced and
shall neither be contracted nor expanded so as to inhibit readability.
Each classification and the applicable rate or rates thereunder shall
be listed on a separate line not to exceed 40 inches in width. The
lines shall be spaced 1 1/2 inches apart, as measured between
the upper-case (capital) letters. Rates for fractional or hourly periods
shall be so listed as to reflect the total charge for each aggregate
period up to the maximum thereof.
For Example:
|
Up to 1 hour
|
$ _____ (including tax)
|
|
Up to 2 hours
|
$ _____ (including tax)
|
|
Maximum
|
_____ Hours
|
|
or Maximum
|
6:00 a.m. to 7:00 p.m.
|
|
as per attached "Specimen No. II."[2]
| |
c.
Separate signs, having reverse color schemes placed in juxtaposition
to each other, shall be used when DAY and NIGHT Rates differ, provided
that the DAY rate sign shall be so marked that a motorist parking
his vehicle when DAY rates are in effect may, from the schedule, readily
and easily determine his total charges should he remove his vehicle
when NIGHT Rates (reverse color scheme or day rate sign) are in effect:
For Example:
|
DAY RATES
| |
|---|---|
|
Enter 7:00 a.m. to 6:00 p.m.
| |
|
Up to 1 hour
|
$ _____ (including tax)
|
|
Up to 2 hours
|
$ _____(including tax) etc.
|
|
Maximum to 6:00 p.m.
|
(including tax)
|
|
NIGHT RATES
| |
|---|---|
|
Enter 6:00 p.m. to 2:00 a.m.
| |
|
Up to 1 hour
|
$ _____ (including tax)
|
|
Up to 2 hours
|
$ _____ (including tax) etc.
|
|
Maximum to a.m.
|
(including tax)
|
d.
No licensee shall alter or change his charges or rates from that
set forth in his application until he has filed a written notice with
the Division of Tax Abatements/Special Taxes of such change at least
45 days before the effective date of the change, and has posted signs
showing the changed rates or charges in the same manner as provided
in this section and placed at the right hand side of the regular sign
(unless such change is authorized by a City ordinance in which case
a twenty-four-hour notice shall be sufficient).
e.
Auxiliary signs may be displayed, provided that all the letters and
numerals are of equal size and conform to the style of lettering so
designated (see attached copy "Specimen No. II"[3]) and further provided that such sign or signs neither
mislead nor confuse or tend to mislead or confuse the public.
[3]
Editor's Note: "Specimen No. II" is included as an attachment
to this Chapter.
f.
In the event the maximum capacity of a licensed parking lot has been
reached, a sign composed of letters at least six inches in height,
must be posted at the public entrance of such parking lot, stating,
"Parking Lot Full."
g.
A licensee who has taken over the business of a previous licensee
may not increase the schedule of prices until formal notice has first
been filed with the Director and 45 days have elapsed subsequent to
such filing.
[R.O. 1966 § 8:2-12]
An effective guard rail or tire bumper shall be provided along
such interior lot lines as is required to prevent the front or rear
of cars from damaging walls, fences or other adjacent property.
[R.O. 1966 § 8:2-13]
a.
Each licensee shall keep the sidewalks surrounding the licensed parking
lot free from dirt, ice, sleet and snow; and shall keep the sidewalks
in safe condition for the travel of pedestrians.
b.
Parking lots shall be kept free from debris, so that the same shall
not become a nuisance to adjacent property owners or others.
c.
Parking lots shall be paved with a smooth, hard surface which shall
be maintained in good and safe condition. Each facility shall be adequately
drained so that it will not retain water.
[R.O. 1966 § 8:2-14; Ord. 6PSF-F, 6-15-2016]
Not more than one building for the use of attendants in the
operation of each parking lot may be permitted provided that such
building is of durable construction and that the plans have been approved
by the Division of Uniform Construction Code in the Department of
Engineering. On parking lots facing two or more streets, one additional
building may be maintained.
[R.O. 1966 § 8:2-15]
a.
Parking lots shall be adequately lighted in all portions when in
operation during the hours of darkness. Illumination shall be by means
of shielded floodlights or other means of lighting approved by the
Electrical Subcode Official.
b.
The operator of any parking lot which does not remain open after
4:00 p.m., when so stated in the application, need not comply with
the foregoing requirement.
[R.O. 1966 § 8:2-16]
a.
Driveways shall be of such width as the City Traffic Engineer shall
approve to provide adequate access to the parking area without the
necessity of motor vehicles unnecessarily blocking streets or sidewalks.
The Traffic Engineer shall give due weight, in his judgment, to the
number of such driveways, the capacity of the facility, the number
of streets the facility faces upon, proximity to corners, and to such
other factors that he shall determine, but in no event shall any driveway
be less than 20 feet in width.
b.
No driveway shall be built within a crosswalk.
[R.O. 1966 § 8:2-17; Ord. 6PSF-A(S), 1-7-2016]
Parking lots shall be equipped with proper fire extinguishing
apparatus, as required by the Fire Prevention Code of the City and
subject to the approval of the Division of Fire. All motor vehicles
shall be so stored that they may be reached readily in case of fire
or other emergency.
[R.O. 1966 § 8:2-18]
a.
No person shall move or transfer, or permit the movement or transfer
of any motor vehicle from any parking lot through or upon the streets
of the City without the consent of the owner or bailor of such vehicle.
The ownership or bailment of the motor vehicle shall be evidenced
by the possession of the car registration at the time such consent
is given.
b.
All operators, their agents, servants or employees who actually manipulate
customers' automobiles, shall be legally licensed drivers in the State
of New Jersey.
[1]
Editor's Note: For statutory provisions restricting driving
or parking on sidewalks, see N.J.S.A. 39:4-71 and N.J.S.A. 39:4-138(f).
[R.O. 1966 § 8:2-19]
a.
At the time of accepting a motor vehicle for parking in a parking
lot, the person conducting the same, his agent, servant or employee
shall furnish to such person parking his motor vehicle, a distinctive
claim check which shall contain at least the name and address of the
parking lot and the date and time of issuance of the claim check endorsed
thereon.
b.
Paragraph a of this section shall not be applicable in the case of
monthly or weekly parkers.
[R.O. 1966 § 8:2-20]
b.
No licensee shall alter or change his charges or rates from that set forth in his application unless he has filed a written notice with the Division of Tax Abatements/Special Taxes of such change at least 96 hours before the effective date of the change, and has posted signs showing the changed rates or charges in the same manner as provided in Section 8:2-11.
[R.O. 1966 § 8:2-21; Ord. 6PSF-A(S), 1-7-2016]
a.
Each licensee shall, within 24 hours notify the Division of Police
of any loss, theft or conversion occurring upon the licensed premises,
giving necessary details.
b.
Each licensee shall immediately notify the Division of Police when
any motor vehicle shall have been parked and unclaimed without an
agreement to the contrary, for a period longer than 24 hours, giving
necessary details.
[R.O. 1966; R.O. 1966 C.S. § 8:2-22]
a.
In addition to the penalty prescribed by Section 8:2-24 hereof, any licenses issued under this chapter shall be subject to suspension and revocation by the Director at any time where the licensee, his agent, servant or employee has:
1.
Made any false or materially incorrect statement in his application;
2.
Made any charge for storing any motor vehicles in a parking lot other than the rate set forth in his license application unless a new schedule of rates has been filed as provided in Section 8:2-20;
3.
Violated, permitted or countenanced the violation of any provision
of this chapter;
4.
Violated, permitted or countenanced the violation of any provision
of any penal law or ordinance regarding theft, larceny, or conversion
of a motor vehicle, or the operation of a motor vehicle without the
owner's or bailor's consent, whether or not such licensee or other
person has been convicted of such an offense;
5.
Failure to keep an attendant on duty during the times specified in
his application;
6.
Used or directed the use of an area of the public streets or sidewalks
for parking motor vehicles, or used an area not covered by license
for the storage of motor vehicles;
7.
Failed to keep the lot adequately lighted in accordance with the
requirements of this chapter; or
8.
Failed to remit timely payment of parking taxes to the City of Newark.
b.
No license shall be revoked or suspended by the Director for any
of the above listed reasons until the licensee has been notified in
writing of the charges against him and given the opportunity to be
heard. The notice shall be by personal service anywhere or by certified
mail, return receipt requested, addressed to the licensee at his address
set forth in the application for the license. The notice shall state
the nature of the charge and the time and place of the hearing. At
the hearing, the charges against the licensee, shall be presented,
and the licensee shall be given the opportunity to be heard. In the
event the holder of the license shall fail to appear at the hearing
then the Director may dispose of the matter as in his discretion the
evidence and records on hand will warrant.
c.
The licensee may, not later than 10 days after the date of such suspension
or revocation, appeal the same in writing to the Director of Finance
who shall thereupon give such licensee due notice of the time and
place where such appeal will be heard.
[R.O. 1966; R.O. 1966 C.S. § 8:2-23]
The Director of the Department of Finance shall be authorized
to make any complaint for the violation of any of the provisions of
this chapter.
[R.O. 1966 § 8:2-24]
Any person who violates any provision of this chapter shall,
upon conviction thereof, be punished by a fine not exceeding $200.
