[Adopted 2-14-1990 by Ord. No. 893
as Sec. 8-4 of the 1988 Code]
Parking spaces restricted for use by persons
with physical handicaps who have been issued special vehicle identification
license plates or windshield stickers by the New Jersey Division of
Motor Vehicles pursuant to N.J.S.A. 39:4-205 when operating or using
a motor vehicle on which is displayed such license plate or windshield
sticker shall be provided by all owners of a place of public accommodation,
as defined to include all commercial and office facilities open to
the public for the purpose of purchasing goods and/or services which
have a parking lot or parking area solely within the boundary lines
of its property.
The Chief of Police of the Borough shall designate parking spaces restricted for use by handicapped individuals as set forth in § 347-18 of this article at public buildings of the Borough, other than the firehouses.
No less than one restricted parking space as
required by this article shall be provided for every 100 parking spaces
within a parking lot or parking area of a place of public accommodation,
provided that a minimum of one space shall be provided where the total
number of parking spaces is less than 100.
A.
Handicapped parking spaces shall be not less than
12 feet wide and not less than 20 feet long.
B.
Handicapped parking spaces shall be so located so
as to allow room for individuals in wheelchairs or individuals on
braces, canes or crutches to get in and out of either side of an automobile.
C.
A standard parking space parallel to a curb shall
constitute an acceptable space for handicapped parking, provided that
such space allows sufficient area for individuals in wheelchairs or
individuals on braces, canes or crutches to get in and out of either
side of an automobile onto a near-level paved surface that is suitable
for wheeling and walking and which affords a route of travel to the
building.
D.
Handicapped parking spaces shall be located so that
individuals in a wheelchair or individuals on braces, canes or crutches
are not compelled to wheel or walk behind parked cars.
E.
The location of handicap parking spaces shall be approved
and designated by the Chief of Police of the Borough or designated
on a site plan approved by the Planning Board of the Borough of Franklin
Lakes, and all said spaces shall be additionally designated by a sign
approved by the State Department of Transportation. When located at
a place of public accommodation, the sign shall be installed by the
owner of the place of public accommodation at his own cost and expense.
F.
All such spaces shall be identified by clearly visible
signs displaying the international symbol. Such signs and markings
shall be maintained by the owners of the premises.
It shall be unlawful for any person to park
a vehicle at any time within the parking spaces designated and reserved
for physically handicapped parking unless the driver of said vehicle
is physically handicapped and unless the vehicle displays a physically
handicapped sticker or license provided by the State of New Jersey.
Any unoccupied vehicle parked or standing in violation of this section
shall be deemed a nuisance and detrimental to the health, safety and
welfare of the residents of the Borough, and its removal may be provided
for by any police officer, the reasonable cost of such removal and
storage to be paid by the owner of the vehicle prior to regaining
possession of it.
A.
Any owner of a place of public accommodation who fails
to comply with the provisions of this article shall be subject to
a fine not to exceed $250 for each day thereafter for his failure
to so comply.
B.
Any person not permitted by law to park in a parking
space designated for restricted parking for use by persons who have
been issued special vehicle identification cards by the Division of
Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-204 et
seq., and N.J.S.A. 39:4-197.5 shall be liable to a fine of $250 for
the first offense, and for subsequent offenses, a fine of at least
$250, and up to 90 days' community service on such terms, and in such
form, as the court shall deem appropriate, or any combination thereof.
[Amended 12-14-2005 by Ord. No. 1333]
