[Amended 10-7-1980 by Ord. No. G-187-80; Ord. No. G-257-86]
In accordance with the provisions of N.J.S.A. 39:4-197, the Township may establish, regulate and enforce restricted handicap parking in front of schools, hospitals and other public buildings, and in shopping and business districts.
[Amended by Ord. No. G-254-85; 2-22-2005 by Ord. No. O-05-002; 9-8-2008 by Ord. No. O-08-024]
A. 
Procedure. Any application for reserved handicapped parking on a public street shall be submitted to the Chief of Police of the Township of Hillside or his designee. The Chief of Police shall review the application and conduct the necessary investigation to determine the applicant's eligibility for a reserved handicapped parking space consistent with the requirements of this section. Upon the conclusion of said investigation, the Chief of Police shall forward the application to the Township Clerk of the Township of Hillside along with a report summarizing his findings and recommendation either approving or denying the application. The Township Clerk shall forward the Police Chief's report to the Township Council for final approval or denial.
B. 
Application not a public record.
(1) 
Due to the personal and confidential nature of medical information, applications submitted to the Police Department for a reserved handicapped parking space shall not be considered a public record within the meaning of the Open Public Records Act.[1]
[1]
Editor's Note: See N.J.S.A. 47:1A-1 et seq.
(2) 
No personal or medical information contained in an application submitted pursuant to this section or in the course of the Police Department's investigation of same shall be discussed or otherwise disclosed at a public meeting, nor shall any public official disclose the information contained in an application for a reserved handicapped parking space to any person who is not entitled to said information. The President of the Township Council shall ensure that any discussions or communications in connection with the final approval or denial of the application take place during a closed, nonpublic portion of any meeting of the governing body.
C. 
Eligibility requirements.
(1) 
Any person who is a resident of the Township of Hillside may submit an application for a reserved handicapped parking space on a public street. The applicant may be a disabled person or a household member who provides transportation for a disabled person.
(2) 
In all cases, the applicant shall be required to provide the following to the Police Department:
(a) 
Photocopy of a valid New Jersey driver's license and proof of registration and insurance for vehicles(s) used to transport the applicant. If the applicant will be transported by an ambulance, livery or other licensed transportation service, the Chief of Police may require additional documentation, as necessary, from said transportation service.
(b) 
Special vehicle identification card for a disabled person issued by the New Jersey Division of Motor Vehicles.
(c) 
Detailed statement of the applicant's physical disability signed by a physician licensed to practice medicine in the State of New Jersey.
(d) 
Release authorization signed by the applicant allowing the Chief of Police and Township Physician to review the applicant's statement of physical disability and any additional medical records, reports or other information necessary to substantiate the applicant's disability. The applicant may be required to provide additional proof of physical disability upon request of the Chief of Police.
(e) 
Application fee as required by Subsection F of this section.
D. 
Availability of off-street parking; denial of application.
(1) 
No application for a reserved handicapped parking space on a public street shall be approved if it is determined that the applicant has access to suitable off-street parking to meet his or her needs.
(2) 
The availability of a private parking area or hard-surfaced driveway that meets the maximum slope standards for handicapped access as specified by the Council of American Building Officials/ANSI Standard A117.1 (1:12 max. pitch) shall be prima facie grounds for the denial of the application. The Chief of Police may request a report from the Construction Official to assist in this determination.
(3) 
In addition, the Chief of Police may require an applicant who resides as a tenant at either a private residence or rental property to submit a notarized certificate from the owner of the property stating that the applicant does not have access or privilege to off-street parking at said rental property.
(4) 
The Chief of Police shall be authorized to engage the services of the Township Physician, as necessary, to assist in reviewing the application and supporting medical documentation submitted in connection with same.
E. 
Additional criterion.
(1) 
No application for a reserved handicapped parking space on a public street shall be approved if it is determined that the applicant has falsified any information in connection with his or her physical disability or need for a reserved handicapped parking space. An applicant's ability to freely amble without mechanical assistance (wheelchair, walker, cane or similar device) while out of doors shall be grounds for denial of the application.
(2) 
In addition, no application for a reserved handicapped parking space on a public street shall be approved if there is reason to believe that the applicant or any member of the applicant's household will make use of the reserved handicapped parking space in connection with any commercial or business purpose. The use of an approved handicapped parking space for this purpose by the applicant or any member of the applicant's household will be grounds for the revocation of said parking space.
(3) 
No application for a reserved handicapped parking space on a public street shall be approved if there is reason to believe that the approval of the application will result in a conflict with any provision of Title 39 of the Laws of New Jersey or any Township ordinance.
(4) 
The application may be denied for other good cause as determined by the Chief of Police, including, but not limited to, the following:
(a) 
If the approval of the application would create a traffic hazard or otherwise disrupt the safe and free movement of vehicular and/or pedestrian traffic in the area where the reserved handicapped parking space would be established.
(b) 
If the approval of the application would result in an unreasonable hardship or inconvenience at or near any public place, including but not limited to schools, houses of worship, playgrounds and other recreational facilities, bus stops, and other locations with limited public parking.
F. 
Application and annual maintenance fee.
(1) 
All applications for reserved handicapped parking spaces shall be accompanied by an application fee of $100. The application fee shall be refunded in full in the event the application is denied, except as follows:
(a) 
If the application is denied as a result of the deliberate falsification of a material fact by the applicant or his or her agent, the application fee shall be forfeited.
(b) 
If the application is denied as a result of the recommendation of the Township Physician, any fees payable to the Township Physician in connection with his or her medical review of the application shall be deducted from the application fee and the remaining amount, if any, shall be refunded to the applicant.
(2) 
In addition, all applicants approved subsequent to the adoption of this section shall be required to pay an annual maintenance fee of $25 for the continued use of the reserved handicapped parking space. Said fee shall be due and payable no later than January 30 of every calendar year subsequent to the approval of the application, except that any applicant approved subsequent to September 30 shall not be required to pay the annual maintenance fee for the year immediately following the approval of the application.
(3) 
The Chief of Police shall, without delay, remit all fees collected pursuant to this section to the Chief Financial Officer.
G. 
Waiver of fees.
(1) 
The Chief of Police shall waive all application and maintenance fees for veterans of the United States military service whose disability is the result of, or related to, any injury or illness sustained by the applicant in connection with his or her military service.
(2) 
In addition, the Chief of Police shall be authorized to waive the fee(s) for any applicant who demonstrates financial hardship. The Chief of Police may require the applicant to submit proof of financial hardship to assist in this determination.
H. 
Annual audit by Police Department.
(1) 
The Chief of Police or his designee shall annually review every application that has been approved pursuant to this section and shall, at the time of said audit, collect the annual maintenance fee as required by Subsection F of this section.
(2) 
The Chief of Police shall cause the revocation of the reserved handicapped parking space if it is determined that the applicant no longer meets the requirements of this section or if the applicant fails to pay the annual maintenance fee as required by this section.
I. 
Use of reserved handicapped parking space.
(1) 
All reserved handicapped parking spaces approved pursuant to this section shall be for the exclusive use and benefit of the applicant. The use of the parking space by members of the applicant's household for any other purpose shall be cause for the revocation of the reserved handicapped parking space. The temporary use of the space by an ambulance, livery or other licensed transportation service shall be permitted only for the purpose of transporting the applicant to or from his or her residence. Any other use of the reserved handicapped parking space is prohibited.
(2) 
The Chief of Police shall establish and maintain a registration and permit system to identify the applicant's vehicle(s) and any vehicles owned by a member of the applicant's household that will be used to transport the applicant, but not more than two vehicles per household shall be used for this purpose. In addition, any vehicle using the reserved handicapped parking space shall display valid New Jersey handicapped license plates or a valid New Jersey handicapped placard.
(3) 
Upon approval of the application, the appropriate signs shall be erected at the location where the reserved handicapped parking space is established and shall give sufficient public notice that the reserved handicapped parking space is for the exclusive use of the permit holder only.
(4) 
The applicant shall be required to comply with all procedures and regulations established by the Chief of Police for the enforcement of this section. The applicant shall promptly notify the Chief of Police of any change in his or her physical condition that would cause him or her to no longer need the reserved handicapped parking space.
J. 
Violations and penalties; enforcement.
(1) 
Except as otherwise specified in this section, any person other than the applicant or authorized holder of a permit issued pursuant to this section who parks a vehicle in a reserved handicapped parking space shall be subject to a fine of no less than $250 for a first offense and no less than $500 for a second and subsequent offenses. In addition, the Police Department may remove, at the owner's expense, any vehicle unlawfully parked in a reserved handicapped parking space that has been approved pursuant to this section.
(2) 
This section shall be enforced by members of the Police Department.
K. 
Revocation of reserved handicapped parking space.
(1) 
The Chief of Police may initiate the revocation of a reserved handicapped parking space at any time, for any of the following reasons:
(a) 
If it is determined that the applicant no longer resides at the address recorded in his or her application.
(b) 
If it is determined that the applicant no longer needs the space.
(c) 
If it is determined that the applicant or any member of the applicant's household has used the parking space for a purpose inconsistent with the requirements of this section, or if the applicant or a member of the applicant's household has otherwise misused the reserved handicapped parking space.
(d) 
For other good cause.
(2) 
In all cases, the Chief of Police shall submit a written report to the President of the Township Council specifying the reasons for recommending the revocation of a reserved handicapped parking space. The President of the Township Council shall bring the matter before the entire Council for a vote.
L. 
Preexisting handicapped parking spaces.
(1) 
All handicapped parking spaces approved prior to the adoption of this section shall not be specifically reserved for any person and shall be available for lawful use by any person who is the holder of a permanent handicapped parking permit issued by the Director of the New Jersey Division of Motor Vehicles or the holder of a temporary handicapped parking placard issued by the Chief of Police of any municipality in the State of New Jersey.
(2) 
The Chief of Police or his designee shall conduct an audit of all handicapped parking spaces that were approved prior to the adoption of this section or any amendments to this section. He shall notify all persons who originally petitioned the Township for said handicapped parking space and provide said persons with a complete copy of this section.
(3) 
If the person who originally petitioned the Township for the approval of said handicapped parking space so desires and submits a new application within 60 days of receipt of notice from the Chief of Police, and said applicant meets requirements of this section in every particular and pays all applicable fees as required by this section (unless exempt), any preexisting handicapped parking space that was established near the applicant's residence may be converted and designated for the sole benefit and exclusive use of the applicant.
(4) 
If the original applicant for the approval of said preexisting handicapped parking space fails to submit a new application within 60 days of receipt of notice from the Chief of Police, the reserved handicapped parking space shall be removed.
M. 
The applicant for a reserved handicapped parking space shall immediately inform the Chief of Police or his designee if his or her automobile is sold or traded and advise the Police Department of the new registration number.
[Amended by Ord. No. G-257-86]
In all off-street parking areas in the Township of Hillside which are opened to the public and to which the public is invited, no persons shall park any vehicle at any time in any parking space which is marked and/or assigned as a reserve space for the handicapped, unless the driver or passenger in said vehicle is actually handicapped and such vehicle bears the certificate or insignia issued by the Director of the Division of Motor Vehicles for handicapped persons as designated in Title 39 of the New Jersey statutes.
The owners of the premises referred to in §§ 291-38, 291-39 and 291-40 shall provide and install signs and pavement markings for each parking space reserved for the use of handicapped persons, which signs and markings shall be in accordance with the Manual on Uniform Traffic Control Devices. The cost of procurement and installation of the signs and pavement markings shall be the responsibility of the owner of said property. The owner shall, subsequent to initial procurement and installation, maintain such signs and pavement markings in good condition at no cost or expense to the Township. The owner shall be responsible for the repair and restoration of same.
[Amended 11-7-1990 by Ord. No.G-302-90; 4-19-1994 by Ord. No. G-347-94; 12-2-2003 by Ord. No. O-03-039]
Any person convicted of a violation of any handicap parking violation will be liable for a fine of $250 for a first offense and will be required to appear in Court, and any violations for a second offense shall include community service.