The provisions of this article imposing a time
limit on parking shall not relieve any person of the duty to observe
other and more restrictive provisions prohibiting or limiting the
stopping, standing or parking of vehicles as set forth in N.J.S.A.
39:4-138, any other New Jersey statute or as hereinafter provided.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule I (§
295-20), attached to and made a part of this chapter.
No person shall stop or stand a vehicle upon any of the streets or parts of streets described in Schedule III (§
295-22), attached to and made a part of this chapter.
No person shall park a vehicle upon any of the streets or parts thereof described in Schedule IVA (§
295-23.1) except at the angle designated and only within the painted white stall lines.
[Amended 9-6-2005 by Ord. No. 1665-05; 2-7-2006 by Ord. No. 1683-06; 6-9-2009 by Ord. No. 1799-09]
A. The owner or operator of any omnibus, school bus, semitrailer, trailer, truck, or truck tractor regardless of the type of registration, private or commercial, as defined in Subsection
B of this section, shall not park said vehicle upon any street in the City of Passaic between the hours of 10:00 p.m. and 6:00 a.m. (prevailing time).
B. The following definitions will control for the purposes of this section:
OMNIBUS
Includes all motor vehicles used for the transportation of
more than eight passengers, except commuter vans and vehicles used
in ridesharing arrangements.
SCHOOL BUS
Every motor vehicle operated by, or under contract with,
a public or governmental agency or religious or other charitable organization
or corporation or privately operated for compensation for the transportation
of children to or from school for secular or religious education which
complies with the regulations of the Department of Education affecting
school buses. This definition includes all vehicles with S1 and S2
license plates.
[Amended 1-11-2024 by Ord. No. 2431-23]
SEMITRAILER
Every vehicle, with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that some part of its
weight and that of its load rests upon or is carried by another vehicle.
TRAILER
Every vehicle, with or without motive power, other than a
pole trailer, designed for carrying persons or property and for being
drawn by a motor vehicle and so constructed that no part of its weight
rests upon the towing vehicle.
TRUCK
Includes every motor vehicle designed for commercial purposes,
such as the transportation of goods, wares and merchandise or maintained
primarily for the transportation of property.
TRUCK TRAILER
Every motor vehicle designed and used primarily for drawing
other vehicles and not so constructed as to carry a load other than
a part of the weight of the vehicle and load so drawn.
[Added 4-5-1990 by Ord. No. 1095-90]
A. Emergency no-parking areas will be designated along
streets and in municipal parking lots when and if conditions require
the temporary prohibition of parking in certain areas.
B. Conditions qualifying for emergency no-parking designation
are road and sidewalk construction, road excavation for utility work
and circumstances deemed as requiring emergency no parking by the
City Engineer.
C. Emergency no-parking areas will be posted on the day
preceding the onset of the prohibition, and the restriction will apply
only during the time of Emergency.
D. Events occurring on a routine daily or weekly basis
are not to be considered as emergencies for the purpose of this section.
[Added 11-22-2011 by Ord. No. 1880-11]
A. Any resident of the City of Passaic possessing a valid New Jersey
driver's license who has qualified for a handicapped parking permit
from the State of New Jersey may apply to the City of Passaic for
a handicapped parking space located near their residence. The application
shall be submitted to the City Engineer with a current copy of the
applicant's handicapped parking permit and valid driver's license
issued by the State of New Jersey.
B. Consideration will be given to nondriving applicants for restricted
curbside spaces providing that it is shown that there is a hardship
in dropping off the handicapped applicant at their residence and subsequently
parking the vehicle at another location. The nondisabled driver must
reside in the same household as the disabled person and provide verification
of such status.
C. Restricted handicapped spaces will not be provided to applicants
who have access to driveways and/or to other off street parking facilities.
D. The number of handicapped restricted spaces on each City block will
be based upon the criteria in the New Jersey Barrier Free Subcode
and the Americans with Disabilities Act Accessibilities Guidelines.
A minimum of two spaces will be allotted per street side per block
with a maximum of 4% of available spaces. The intent is to provide
a fair distribution of accessible spaces that are compliant with the
above guidelines to both handicapped and nonhandicapped residents
of the City.
E. Applicants shall have the option of requesting a designated space
with a personal restriction that shall be defined by their New Jersey
license plate number being printed on the signs delineating their
space which shall be established by ordinance or a generic restriction
which shall be established by resolution that permits any handicapped
driver to park in that space pursuant to New Jersey Statutes.
[Amended 2-21-2012 by Ord. No. 1889-12]
F. The fee for restricted handicapped parking space will be predicated
upon whether it is personalized/restricted to the applicant or open
to any handicapped driver. Current holders of handicapped parking
spaces who wish to upgrade to a personalized parking space shall pay
a processing fee of $50. All handicapped parking spaces shall be subject
to annual renewal. Applicants shall be required to provide a copy
of current status of valid New Jersey handicapped status, driver’s
license and vehicle registration. The annual fee for a personalized/restricted
space shall be $75 for the first year and $50 each year thereafter.
There shall be no fee for nonpersonalized handicapped spaces open
to any handicapped driver.
[Amended 2-21-2012 by Ord. No. 1889-12; 2-4-2014 by Ord. No.
1972-14]
G. Restricted handicapped spaces designated by ordinance shall be listed in Article
XII, Schedule XV Schedule of Handicapped Parking Spaces Restricted by New Jersey Plate Number and Designated by Ordinance. (§
295-32.1), said Schedule XV being attached to and made part of this chapter. Restricted handicapped spaces designated by resolution shall be listed in Article
XIII (§
295-33), Schedule of Handicapped Parking Restrictions Designated by Resolution.
[Added 2-21-2012 by Ord. No. 1889-12]
H. A handicapped
parking permit may be suspended or revoked by the City of Passaic
if the holder thereof has committed fraud or misrepresentation in
any application for a permit or in the use of such handicapped parking
permit or has violated any provision of this chapter. Additionally,
any individual to whom a restricted spot has been granted who is found
to be regularly utilizing on-street parking in the immediate vicinity
of the location of the restricted space that has been provided to
such individual, instead of utilizing such restricted space, shall
be subject to suspension or revocation of such restricted parking
space. No suspension or revocation shall occur prior to a hearing
being held before an Administrative Board, to consist of three persons:
the City Clerk; one head of a department, to be designated by the
Business Administrator; and the Business Administrator. Prior to such
hearing, the affected person(s) and/or firm(s) shall receive notice
of said hearing and shall have an opportunity to present a defense.
[Added 5-11-2017 by Ord.
No. 2105-17]
[Added 10-4-2018 by Ord.
No. 2172-18]
A. Pursuant to N.J.S.A. 39:4-138.4, the City may issue to owners of
private driveways, and in the case of a private residence, to members
of the same household, permits authorizing the parking of private
passenger vehicles in front of the owner's driveway. The City may
require an owner to file a complete application for such a permit
on a form provided by the City Clerk. An owner of a private driveway
shall be eligible to apply for up to three permits for his or her
own motor vehicles or for use by other parties authorized by the owner
to park in front of the private driveway. In the case of a private
residence, each member of the owner's household who owns a motor vehicle
shall also be eligible to apply for a permit issued under this section.
The City may require an applicant to provide evidence that the driveway
was legally established in accordance with the municipal Zoning Code.
B. The permit shall identify the location of the driveway and the vehicle
authorized to park in front of the driveway. The permit shall be 5 1/2
inches by 8 1/2 inches in size. It shall bear an appropriate
certification of authenticity and shall be displayed prominently within
the vehicle when parked so as to be seen from the middle of the street.
C. Defense.
(1)
Provided that such parking is not otherwise prohibited and does
not interfere with the normal flow of traffic, it is an affirmative
defense to prosecution for a violation of N.J.S.A. 39:4-138(d) if:
(a)
The parked vehicle and driveway where the vehicle is parked
are owned by the same person; or
(b)
The parked vehicle is owned by a member of the same household
as the owner of the private driveway; or
(c)
The owner of the private driveway authorized the parking of
the parked vehicle in front of the private driveway.
(2)
This defense may be presented by form of affidavit as provided
for in New Jersey Court Rule 7:6-6(a).
(3)
The rights of this parking permit shall supersede all other
parking permit regulations which are found within the City Code of
the City of Passaic.
D. No owner may permit any vehicle to park in front of the owner's driveway
without a valid driveway parking permit displayed prominently within
the vehicle when parked so as to be seen from the middle of the street.
E. No owner may charge a fee for permitting anyone to park a vehicle
in front of the owner's driveway.
F. The parked vehicle must be parked parallel to the curb in front of
the driveway. No vehicle shall be parked in such a way as to block
access to the sidewalk.
G. Markings for the driveway shall not exceed the minimum necessary
clearance to safely ingress and egress the driveway.
H. No permits shall be issued for multi-use or connecting driveways.
[Added 11-10-2022 by Ord. No. 2366-22]
A. A municipality
may mandate by ordinance the permissible distance a person may park
a motor vehicle from a crosswalk, sideline of a street or intersecting
highway, or "stop" sign. A municipality may not, however, permit parking
within 25 feet of a crosswalk or sideline of a street or intersecting
highway or within 50 feet of a "stop" sign in a school zone during
hours when school is in session.
B. The following
definitions will control for the purposes of this section:
CROSSWALK
That part of a roadway at an intersection, either marked
or unmarked, existing at each approach of every roadway intersection,
included within the connections of the lateral lines of the sidewalks
on opposite sides of the roadway measured from the curbs or, in the
absence of curbs, from the edges of the shoulder, or, if none, from
the edges of the roadway; also, any portion of a roadway at an intersection
or elsewhere, including midblock crossings, distinctly indicated for
pedestrian crossing by lines or other markings on the surface.
INBOUND LEG
The roadway segment connected to an intersection, or portion
thereof, that permits a vehicle to be driven towards an intersection
in accordance with the legally established direction of traffic.
OUTBOUND LEG
The roadway segment connected to an intersection, or portion
thereof, that permits a vehicle to be driven away from an intersection
in accordance with the legally established direction of traffic.
PARKING LANE
The section of a roadway's width, typically no fewer than
7.5 feet, located between a travel lane and a curb that is reserved
for on-street parking, where designated, and does not interfere with
the safe and efficient flow of moving vehicular traffic in a travel
lane.
TRAVEL LANE
The section of a roadway's width that is intended to conduct
the flow of moving vehicular traffic.
C. General
provisions.
(1) Pursuant
to N.J.S.A. 39:4-138.6, extended parking zones are hereby established
as the area in a parking lane no closer than 25 feet from the crosswalk
along inbound legs of intersections, and no closer than 15 feet from
the crosswalk along outbound legs of intersections, measured from
the edge of the crosswalk area farthest from the center of the intersection.
(2) Vehicles
may park in extended parking zones, subject to the following:
(a) Vehicles in extended parking zones shall at all times comply with
all other parking regulations, including, but not limited to, regulations
on parking permits, street cleaning and parking along emergency snow
routes.
(b) Parking within extended parking zones shall not be allowed Mondays
through Fridays between the hours of 7:00 a.m. and 10:00 p.m. whenever
public primary or secondary schools are in session.
(3) Due
to the extreme difficulty and delay of maneuvering emergency equipment
at intersections, any vehicle parked within the extended parking zone
closer than 15 feet to the crosswalk at any time and for any duration
shall be subject to immediate summons and tow by City enforcement
staff.
(4) The
City of Passaic shall not be required to install or maintain any markings,
signs or other indications for extended parking zones; it shall be
incumbent upon the driver to ensure that no vehicle is parked within
25 feet of a crosswalk on inbound legs and within 15 feet of a crosswalk
on outbound legs of intersections at any time.