WHEREAS, the Mayor and Board of Commissioners of the Town of
West New York ("Town") consider it to be in the best interest of the
residents of the Town of West New York to provide for the establishment
of a Residential Permit Parking (RPP) Program in order to alleviate
the hardship experienced by residents in obtaining an on-street parking
space, to preserve the residential quality of neighborhoods and to
provide for improvements in air quality, vehicular traffic, and noise
pollution; and
WHEREAS, the powers and duties contained in this ordinance shall
be performed by the West New York Parking Services Utility of the
Town of West New York; and
WHEREAS, it has been determined that a Residential Parking Program
will, in fact, serve to alleviate the aforesaid difficulties; and
WHEREAS, the Town on September 4, 2019, did adopt Ordinance
No. 08/19, an ordinance dissolving the Parking Authority of the Town
of West New York ("Parking Authority") pursuant to N.J.S.A. 40A:5A-20
and making adequate provision for the payment of creditors or obliges
of the authority and the assumption of the services provided by the
Parking Authority; and
WHEREAS, by such Ordinance No. 08/19, the Parking Authority
was dissolved and the Town thereby did assume the operation of the
services previously provided by the Parking Authority; and
WHEREAS, the Town on September 4, 2019, did adopt Ordinance
No. 9/19 creating a Parking Utility for the purpose of managing parking
operations within the Town, such utility being, for budgetary and
accounting purposes, a separate entity, having its own separate accounts
and its own separate property, whether it be real, personal or mixed;
and
WHEREAS, the Town on October 17, 2019, did further adopt Ordinance
No. 19/19, creating a Parking Services Agency, having oversight over
and control of over the Town's parking system that consists of on-street
parking and parking within Town lots and garages, as well as equipment
owned, leased or otherwise under the control of the Town of West New
York, and the enforcement of parking regulations in the Town; and
WHEREAS, as a result, together the West New York Parking Utility
and the Parking Services Agency acting together are referred to as
the West New York Parking Services Utility; and
WHEREAS, the Town now wishes to update the Town’s residential
permit parking program to better reflect present conditions and practices:
The Town of West New York is hereby authorized to designate,
as herein provided, certain streets and other public areas within
the Town of West New York as Residential Permit Parking zones ("RPP
Zones"), in which vehicles displaying valid parking permits, decals,
vouchers, or hang tags, (collectively and/or individually known hereinafter
"parking permit," "permits," and/or "decals") may stand or be parked,
without limitation by parking time restrictions established by this
article. Vehicles not displaying a valid parking permit may stand
or be parked for a limited time, not to exceed the hourly parking
restriction specified and adequately posted by signs.
The Town of West New York, in conjunction with the West New
York Parking Services Utility, upon the finding of a need, pursuant
to the purposes of this article, may designate an area as an official
RPP Zone subject to the approval of the Board of Commissioners, by
way of resolution. The Town may designate different RPP Zones and
zone classes within the Town.
The West New York Parking Utility shall establish RPP Zone(s)
within the Town and the regulations within them. The designated boundaries
of an RPP Zone shall be approved and adopted by the Mayor and Board
of Commissioners, within 90 days after designation. Thereafter, the
West New York Parking Utility shall issue the appropriate parking
permits and cause parking signs to be erected in the designated areas
indicating the times and conditions under which parking shall be allowed.
A parking permit shall be issued to an applicant, provided proof of
eligibility is established. Any parking permit issued shall be valid
throughout the Town, regardless of the RPP Zone for which it is issued.
A monthly visitor parking permit may be purchased by any resident at a cost of $50 per month and will be valid for a period of one month from the date it is first issued limited to at most two per household at any given time. No more than four monthly permits may be issued to any vehicle per calendar year. A weekly visitor parking permit may be purchased at a cost of $15 per week and will be valid for a period of seven days from the date and time it is first issued. Visitor parking permits are available for purchase by residents for use only by their guests. Proof of residency may be required for such permits. A daily visitor parking permit may be purchased at a cost of $4 per day and will be valid for a period of 24 hours from the date and time it is first issued. Visitor parking permits shall be displayed in the manner and form provided in §
277-28 of this article and provided upon issuance of the visitor parking permit. Information shall also be available online for review.
The Mayor and Board of Commissioners are aware that residents
of the Town regularly require service vehicles and commercial vehicles
to park in designated residential areas in order to properly service
the residents of West New York. The West New York Parking Services
Utility is hereby granted the discretion to exempt certain vehicles
which the West New York Parking Services Utility deem necessary to
temporarily park within designed RPP areas without appropriate permits
for a period not to exceed eight consecutive hours. Residents must
call the West New York Parking Services Utility to request permission
with 24 to 48 hours of anticipated notice.
It shall be unlawful and a violation of this article for a person
to copy, produce, or otherwise bring into existence a facsimile or
counterfeit or altered parking permit. It shall further be unlawful
and a violation of this article for a person to knowingly use or display
an altered, facsimile or counterfeit parking permit in order to evade
time limitations on parking applicable in a RPP Zone. Any individual
committing the aforementioned act shall be subject to a penalty of
no less than $250, but in no case more than $500, for each violation
and/or imprisonment for not more than five days for each such violation.
Such penalties for said violations are to be imposed by the Town of
West New York Municipal Court. Permits are not transferable for use
by any vehicle other than the one registered with the parking permit.
The provisions of this section shall be enforced by the West
New York Parking Services Utility and the West New York Police Department.
If any parking permit issued as provided for in this article
is used on any other vehicle or are used for a parking use other than
that which it was specifically issued, a fine of $59 shall be levied
and the permit revoked for one year.
It shall be a violation of the RPP Program to improperly use
or display parking permits in a manner other than as is specified
by this article or the rules and regulations for the RPP Program as
established by the Town or use a valid parking permit in an unauthorized
RPP Zone. The fine for such violation shall be $63 unless a greater
fine has been provided for in this article. Violations of the RPP
Program shall be cited as follows:
A. Improper use of visitor, business, or contractor parking permit.
(3) Failure to designate time and/or date when using valid permit.
B. Invalid zone for parking permit. Failure to park in RPP Zone for
which permit was issued.
C. Improper display of daily, monthly, or annual parking permit. Failure
to display daily, monthly, or annual parking permits properly affixed
and in the appropriate vehicle locations as specified in this article.
D. Failure to display residential parking permit. Failure to display
a valid residential parking permit when parked in an RPP Zone over
the hourly parking restriction established by the Town of West New
York, during a twenty-four-hour period.
E. Improper use of RPP Permit.
(1) Unauthorized transfer of a parking permit to a vehicle by someone
other than the resident.
(2) Transfer by resident to another vehicle owned by resident without
Town authorization.
(3) Failure to obey rules and regulations duly adopted by resolution
of the Town in accordance with the authority vested herein.
The Board of Commissioners and/or the West New York Parking
Services Utility may adopt and enforce rules to enforce the terms
of this article to the extent such rules are not inconsistent herewith.