[Added 10-22-1984 by Ord. No. 84-24[1]]
[1]
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.
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.
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.
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.
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.
A.
One parking space shall be used for handicapped parking
for each 75 parking spaces or part thereof.
B.
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.
C.
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."
D.
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."
E.
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.
F.
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.
G.
Where applicable, curb ramps shall be provided to
permit handicapped persons access from parking area to sidewalk.
H.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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]
