Borough of Clementon, NJ: Definitions.

Editor's Note: This ordinance provided that it take effect 1-1-1985.

For the purpose of this article, the following definitions shall be applicable:

Any person who has lost the use of one or more limbs as a consequence of paralysis, amputation or other permanent disability, or who is permanently disabled as to be unable to ambulate without the aid of an assisting device or whose mobility is otherwise limited as certified by a physician with a plenary license to practice medicine and surgery in this state or bordering state.

HANDICAPPED PERSON IDENTIFICATION CARD

This is a card issued by the Director of the Division of Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-205, which shall, among other things, identify the handicapped person and the registration number of the vehicle for which any wheelchair symbol license plate has been issued in accordance with N.J.S.A. 39:4-206, and said card shall state that the possessor of the card is a handicapped person, pursuant to the provisions of the state law, and that said card is for the exclusive use of the person to whom it has been duly issued.

HANDICAPPED PERSON PLACARD

A placard issued by the Director of the Division of Motor Vehicles indicating that a handicapped person identification card has been issued to the person designated therein, which placard shall be displayed on the motor vehicle used to transport the handicapped person when the vehicle is parked overtime or in special parking places established for use by handicapped persons.

PUBLIC BUILDING

Any building, structure, facility or complex used by the general public, including but not limited to theaters, concert halls, auditoriums, museums, schools, libraries, recreation facilities, public transportation terminals and stations, factories, office buildings, business establishments, passenger vehicles, service stations, shopping centers, hotels or motels, public eating places, with the exceptions of one- to four-family private residences, warehouse storage areas, all buildings classified as hazardous occupancies. As used herein, "hazardous occupancy" means the utilization of a building or structure or any portion thereof that involves highly combustible, highly flammable or explosive material or which has inherent characteristics that constitute a special fire hazard.

§ 281-19 Owners to provide spaces.

The owners of all public buildings with a parking area which provides parking for 15 or more vehicles adjacent to or used in conjunction with the public building shall provide for parking spaces for handicapped persons, in accordance with the guidelines herein set forth.

§ 281-20 Guidelines.

One parking space shall be used for handicapped parking for each 75 parking spaces or part thereof.

The location of the physically handicapped spaces shall be in an area of the parking facility which is most accessible and approximate to the building or buildings served by the facility. In the event of a dispute, the determination of said location shall be made by the municipal Code Enforcement Officer in conjunction and consultation with the owner, except where the location has been determined by the Planning or Zoning Board of the Borough of Clementon.

Each space or group of spaces shall be identified with a clearly visible sign displaying the international symbol of access along with the following words: "These spaces reserved for physically handicapped only. Special vehicle identification required."

The lines designating the area shall be painted in fluorescent yellow paint, and the center of the space shall have painted thereon the capital letter "H."

Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in or out of either side of the automobile on a level paved surface suitable for wheeling and walking.

Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars.

Where applicable, curb ramps shall be provided to permit handicapped persons access from parking area to sidewalk.

All signing, pavement markings, depressed curbing and/or ramps shall be maintained in good and proper condition, including but not limited to the condition of required markings and signs, which should remain distinctly visible at all times.

§ 281-21 Designation of spaces.

Upon the request of the owner or possessor of private property, the governing body shall designate appropriate spaces of handicapped parking, the use thereof to be subject to the provisions of this article and the statutes of the State of New Jersey.

§ 281-22 Violations and penalties.

No persons shall park, stop or stand a motor vehicle any time in any area designated as reserved for the benefit of physically handicapped persons, unless such individual is a handicapped person, as defined in this article, or is driving such a handicapped person for the benefit of said handicapped person in a vehicle properly identified with a placard, as defined in this article, or a special license plate issued by the Division of Motor Vehicles for the handicapped person vehicle.

In addition to the imposition of any fine or penalty set forth herein, the police may authorize the towing of a vehicle and impoundment thereof if said vehicle is parked in violation of this article. The owner of said vehicle is to be responsible for all towing, impoundment and storage costs, which charges shall be paid in full prior to the release from impoundment of any vehicle.

A rebuttable presumption is hereby created in the event that a vehicle is parked within the handicapped parking space and said vehicle does not possess a placard or license plate as previously mentioned in this article. This presumption may be rebutted in the event that the alleged violator appears in the Clementon Municipal Court and proves that he or she was in possession of the appropriate identification for handicapped persons.

Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be punished by a fine not to exceed $500 or by imprisonment in the county jail for a term not exceeding 90 days, or both. The provision pertaining to the jail sentence shall not be applicable to any individual under the age of 18.

[Amended 3-25-1985 by Ord. No. 85-2]