[Adopted 4-15-1980 by Ord. No. 80-12 as
Art. I of Ch. 161A of the 1979 Code]
[Amended 9-1-1981 by Ord. No. 81-44; 9-28-1982 by Ord. No.
82-34; 12-18-1984 by Ord. No. 84-49; 8-7-1990 by Ord. No. 90-42; 12-14-1993 by Ord. No. 93-44; 6-15-2004 by Ord. No. 04-34; 2-20-2007 by Ord. No.
07-5; 11-10-2008 by Ord. No. 08-40; 11-17-2014 by Ord. No. O-14-044]
The Township is hereby authorized to designate
permit parking spaces, and the terms and conditions regarding the
use of such permit parking spaces, for all public parking decks and
all surface parking lots owned or leased by the Township. There shall
be or remain in effect the existing permit parking designations for
each of the public parking lots of the Township of Montclair as are
indicated by the following schedule and designated as (B) Bay Street,
(C) Central Business District, (F) Fullerton Deck, (M) Montclair Heights,
(O) Orange Road, (L) Lloyd Road, (S) South End, (U) Upper Montclair
District, (W) Watchung, Walnut and Fairfield, (G) Grove and (N) overnight
off-street:
Public Parking Lot
|
Permit Required
|
---|
Bay Street Deck
|
B
|
Fullerton Deck
|
C
|
Maple
|
C
|
Midtown
|
C
|
Montague
|
C
|
Plymouth
|
C
|
Portland
|
C
|
South Fullerton
|
C
|
South Willow
|
C
|
Valley
|
C
|
Fairfield
|
W
|
Walnut
|
W
|
Watchung
|
W
|
Grove
|
G
|
South End
|
S
|
Bellevue – Erie
|
U
|
Bellevue – Erie RR
|
U
|
Bellevue – Lorraine
|
U
|
Bellevue – Ext.
|
U
|
Laurel Place
|
U
|
Upper Montclair
|
U
|
Montclair Heights
|
M
|
Lloyd Road
|
L
|
Orange
|
O
|
Night
|
N
|
Fullerton Deck
|
FD, FN
|
[Added 10-12-1982 by Ord. No. 82-37;
amended 12-14-1993 by Ord. No. 93-44; 2-20-2007 by Ord. No. 07-5]
If the Township has leased a block of parking
spaces to any tenant, such tenant must issue decals approved by the
Township to the vehicle owners who will be using the leased spaces.
Such decals shall be affixed and displayed in accordance with rules
and regulations adopted by the Township. Permits shall be issued to
those persons completing and filing the required application and who
pay the designated fees, pursuant to rules and regulations adopted
by the Township.
[Amended 6-15-2004 by Ord. No. 04-34; 2-20-2007 by Ord. No.
07-5; 8-12-2013 by Ord. No. O-13-42]
The Township, from time to time, shall set aside
and designate for each said permit parking area in each of the respective
parking lots such number of parking spaces as may be reasonably necessary
to accommodate the needs of the public, with due regard for the requirements
of the public for metered parking spaces and for recharging of electric
vehicles. The Township shall maintain a written schedule of the parking
spaces set aside and designated for each permit area in each of the
respective parking lots in which such permit area is authorized to
be established.
[Added 8-12-2013 by Ord. No. O-13-42]
A. It shall
be unlawful for any person to park or leave standing a vehicle in
a stall or space designated for the recharging of electric vehicles
unless the vehicle is connected for electric charging purposes.
B. It shall be unlawful for any person to obstruct, block, or otherwise bar access to parking stalls or spaces described in Subsection
A except as provided in Subsection
A.
C. Notice
of reserved parking for recharging of electric vehicles shall be posted
on a sign not less than 17 inches by 22 inches in size with lettering
not less than one inch in height that clearly and conspicuously states
the following: "Unauthorized vehicles not connected for electric charging
purposes may be towed away at owner's expense. Towed vehicles may
be reclaimed at designated towing facility or by calling Montclair
Police Department - 973-744-1234." The sign shall be posted in both
of the following locations:
(1) Immediately
adjacent to, and visible from, the stall or space.
(2) In
a conspicuous place at each entrance to the parking facility.
[Amended 6-15-2004 by Ord. No. 04-34; 2-20-2007 by Ord. No.
07-5; 9-20-2016 by Ord. No. O-16-038]
The parking spaces in the permit parking areas in each parking
lot in which they are established shall be numbered consecutively,
beginning with number one, and there shall not be issued at any one
time for any rental permit parking area or for any loading zone rental
permit parking area a greater number of permits than the number of
parking spaces set aside by the Director of Community Services for
said respective parking areas.
[Amended 2-1-1983 by Ord. No. 83-4; 5-10-1983 by Ord. No.
83-22; 3-18-1986 by Ord. No. 86-13; 12-14-1993 by Ord. No. 93-44; 2-20-2007 by Ord. No. 07-5; 11-10-2008 by Ord. No. 08-40; 1-6-2009 by Ord. No.
08-48]
Subject to the provisions of § 230-30A,
the Township is hereby authorized to issue to persons applying and
qualifying therefor the following types of parking permits, and any
other types of parking permits which the Township determines to be
necessary or appropriate:
A. B-permit. A B-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space in the Bay Street Lot between the hours
of 6:00 a.m. and 7:00 p.m. on weekdays during the entire period for
which the permit is issued.
B. C-permit. A C-permit shall entitle the holder thereof to park a designated
passenger motor vehicle (not including a bus) in any available parking
space within the permit parking area of the public lots in which a
permit parking area has been set aside and designated for use by C-permit
holders between the hours of 6:00 a.m. and 8:00 p.m. Sunday through
Saturday, inclusive during the entire period for which the permit
is issued.
[Amended 9-20-2016 by Ord. No. O-16-038]
C. M-permit. An M-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space within the Montclair Heights Lot between
the hours of 6:00 a.m. and 7:00 p.m. on weekdays during the entire
period for which the permit is issued.
D. O-permit. An O-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space within the permit parking area of the
Orange Road Lot between the hours of 6:00 a.m. and 7:00 p.m. on weekdays
during the entire period for which the permit is issued.
E. R-permit. An R-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in a specific numbered parking space within the rental permit parking
area of a specified public parking lot for 24 hours a day for the
entire period for which the permit is issued.
F. S-permit. An S-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space within the permit parking area of the
South End Lot between the hours of 6:00 a.m. and 7:00 p.m. on weekdays
during the entire period for which the permit is issued.
G. U-permit. A U-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space within the permit parking area of the
public lots in which a permit parking area has been set aside and
designated for use by U-permit holders between the hours of 6:00 a.m.
and 7:00 p.m. on weekdays during the entire period for which the permit
is issued.
H. W-permit. A W-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space within the permit parking area of the
public lots in which a permit parking area has been set aside and
designated for use by W-permit holders between the hours of 6:00 a.m.
and 7:00 p.m. on weekdays during the entire period for which the permit
is issued.
I. N-permit. Overnight off-street permits.
[Amended 9-20-2016 by Ord. No. O-16-038]
(1) An overnight off-street night permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available metered parking space at such times as meter, pay
station or other time charges do not apply, or in any available parking
space within a permit area of any public parking lot between the hours
of 5:00 p.m. and 8:00 a.m. Sunday through Saturday, inclusive during
the entire period for which the permit is issued.
[Amended 11-27-2018 by Ord. No. O-18-044]
(2) Where a specific agreement with the Township permits parking of vehicles
overnight upon private property, overnight off-street permits shall
be issued by the Township entitling the holders thereof to park a
designated motor vehicle (not including a bus) in any parking space
made available within the permitted area set forth in the agreement
with the private property owner.
J. G-permit. A G-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space within the permit parking area of the
public lots in which a permit parking area has been set aside and
designated for use by G-permit holders between the hours of 6:00 a.m.
and 7:00 p.m. on weekdays during the entire period for which the permit
is issued.
K. L-permit. An L-permit shall entitle the holder thereof
to park a designated passenger motor vehicle (not including a bus)
in any available parking space within the permit parking area of the
public lots in which a permit parking area has been set aside and
designated for use by L-permit holders between the hours of 6:00 a.m.
and 7:00 p.m. on weekdays during the entire period for which the permit
is issued.
L. FD-permit. A FD-permit shall entitle the holder thereof to park a
designated passenger motor vehicle (not including a bus) in any available
parking space within the permit parking area of the public lots in
which a permit parking area has been set aside and designated for
use by FD-permit holders between the hours of 6:00 a.m. and 6:00 p.m.
on weekdays during the entire period for which the permit is issued.
[Added 11-17-2014 by Ord. No. O-14-044]
M. FN-permit. An FN-permit shall entitle the holder thereof to park
a designated passenger motor vehicle (not including a bus) in any
available parking space within the permit parking area of the public
lots in which a permit parking area has been set aside and designated
for use by FN-permit holders between the hours of 6:00 p.m. and 2:00
a.m. on weekdays during the entire period for which the permit is
issued.
[Amended 12-14-1993 by Ord. No. 93-44; 2-20-2007 by Ord. No.
07-5]
The issuance of any permit hereunder shall not
constitute a guaranty to the person to whom issued that a space will
be available for the parking of the designated motor vehicle.
[Amended 12-12-1989 by Ord. No. 89-48; 12-14-1993 by Ord. No.
93-44; 5-23-2000 by Ord. No. 00-19; 2-20-2007 by Ord. No. 07-5]
Permits may be issued for such periods, and
upon such terms and conditions, as determined by the Township.
[Last amended 2-20-2007 by Ord. No. 07-5]
The fees for the issuance of parking permits
shall be established by the Township. The Township shall maintain
a current schedule of all permit parking fees, and copies of said
schedule shall be filed with the Township Clerk and published on the
Township’s official Internet web site.
As used in this article, the following terms
shall have the meanings indicated:
ELECTRIC VEHICLE
Any car, truck, or other vehicle that does not produce tailpipe
or evaporative emissions or is a plug-in hybrid electric vehicle (PHEV).
[Added 8-12-2013 by Ord. No. O-13-42]
IN-COMMUTER
A person who is a nonresident of the Township of Montclair
but who has a place of business in or who is regularly employed by
a business located in the Township of Montclair.
NONRESIDENT
A person not residing or working in Montclair.
RESIDENT
A person residing in the Township of Montclair or a person
who does not reside in Montclair but who is the owner of taxable real
or personal property in the Township of Montclair.
[Amended 12-14-1993 by Ord. No. 93-44; 2-20-2007 by Ord. No.
07-5]
Upon written application therefor and upon the
payment of a reasonable fee established by the Township, a person
to whom there has been issued a permit may obtain one transferable
permit that will entitle him/her to park passenger vehicles owned
by him/her in a permit area.
[Amended 12-14-1993 by Ord. No. 93-44; 2-20-2007 by Ord. No.
07-5]
A. Upon written application therefor to the Township
and upon the payment of a reasonable fee established by the Township,
any permit (other than a loading zone rental permit) may be transferred
from one vehicle to another vehicle owned by the same person at any
time during the period for which the permit is issued for the balance
of the permit period remaining unexpired.
B. Upon application therefor to the Township and upon
the payment of a reasonable fee established by the Township, a replacement
decal may be issued to any person; provided, however, that such replacement
decal shall cover only the balance of the period for which the original
sticker was issued.
[Amended 12-12-1989 by Ord. No. 89-48; 12-8-1992 by Ord. No.
92-56; 5-23-2000 by Ord. No. 00-19; 2-20-2007 by Ord. No. 07-5]
Subject to the provisions of § 230-30A,
upon written application to the Township not later than five days
prior to the first day of any month, which application shall be accompanied
by the permit or due proof that the permit has been destroyed, and
upon payment of a reasonable cancellation fee established by the Township,
any person to whom a permit has been issued may obtain a refund of
any permit fee paid by him or her which, in the case of an annual
permit, shall be equivalent to 1/12 of the annual fee for each full
month of the permit period remaining unexpired. No refund shall be
made for permits canceled during the last three months of their unexpired
term. In the case of a semiannual permit, the refund shall be equivalent
to 1/6 of the semiannual fee for each full month of the permit period
remaining unexpired. No refund shall be made for permits canceled
during the last three months of their unexpired term.
[Amended 9-9-2008 by Ord. No. 08-26]
All permits shall be in the form of a hangtag,
or such other form established by the Township, which shall contain
all essential information, including, without limitation, the type
of permit, the period for which issued, and the registration number
of the person to whom it is issued.
[Amended 12-14-1993 by Ord. No. 93-44; 9-9-2008 by Ord. No.
08-26]
Every permit shall be properly displayed by
hanging the permit on the motor vehicle's rear-view mirror or, if
the hangtag cannot be affixed to the rear-view mirror, in such other
manner so that the permit is clearly visible through the front windshield
of the motor vehicle. The Township shall provide directions for the
display of hangtag permits at the time such permits are issued.
[Added 7-23-2019 by Ord.
No. O-19-023]
A. It shall be unlawful and a violation of this chapter for a person
to copy, produce or otherwise bring into existence a facsimile or
counterfeit parking permit or alter an expired parking permit. It
shall further be unlawful and violation of this chapter for a person
to knowingly use or display an altered, facsimile or counterfeit parking
permit in any parking lot or in any parking space in the Township
of Montclair.
B. Any person committing a violation of Subsection
A of this section shall be subject to a penalty not less than $500, and not to exceed $1,000, and/or imprisonment for not more than 10 days for each such violation. Any such penalties may be imposed by the Municipal Court.
[Amended 12-14-1993 by Ord. No. 93-44; 2-20-2007 by Ord. No.
07-5; 1-6-2009 by Ord. No. 08-48; 9-20-2016 by Ord. No. O-16-038]
It shall be unlawful for any person, during the hours established in §
230-5, to cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked in any permit parking area in any public parking lot of the Township of Montclair without an appropriate permit therefor properly affixed to said motor vehicle as hereinabove set forth.
A. It shall be unlawful for any person to cause, allow,
permit or suffer any vehicle registered in the name of or operated
by such person to be parked at any time in any rental permit parking
space in any public parking lot of the Township of Montclair without
an appropriate permit therefor properly affixed to said motor vehicle
as hereinabove set forth.
[Amended 12-14-1993 by Ord. No. 93-44]
B. It shall be unlawful for any person holding a rental
permit for a designated vehicle or vehicles to cause, allow, permit
or suffer such vehicle or vehicles to be parked in any rental permit
parking space other than the numbered rental permit parking space
in the parking lot authorized by said rental permit.
[Amended 2-20-2007 by Ord. No. 07-5]
It shall be unlawful for any person to cause,
allow, permit or suffer any motor vehicle registered in the name of
or operated by such person to be parked in any public parking lot
of the Township of Montclair between the hours of 2:00 a.m. and 5:00
a.m. of any day, or during such other hours established by the Township,
without a night permit therefor properly affixed to said motor vehicle
as hereinabove set forth.
Every motor vehicle parked in any parking space
in any public parking lot of the Township of Montclair shall be parked
within the space marked upon the pavement for the parking of a single
motor vehicle.
[Amended 9-9-2003 by Ord. No. 03-64]
Any vehicle parked in violation of any of the
provisions of this article may be removed from a public parking lot
by order of the Chief of Police or authorized officer of the Township
of Montclair Police Department to a place designated by the Township
of Montclair for the storing of said vehicle. Said vehicle shall be
impounded and held at said designated storage place until the owner
thereof shall pay to the authorized municipal towing operator the
cost of vehicle removal and storage, for each day or part thereof
that said vehicle is impounded.
[Amended 5-23-2000 by Ord. No. 00-19; 4-10-2007 by Ord. No.
07-17; 9-20-2016 by Ord. No. O-16-038]
Any person who violates any provision of this article shall,
upon conviction thereof, be punished by a fine of $75 for the first
offense, $100 for the second offense, and a fine not exceeding $2,000
as determined by the Municipal Court Judge for any subsequent offense.
Each day on which a violation of an ordinance exists shall be considered
a separate and distinct violation and shall be subject to imposition
of a separate penalty for each day of the violation as the Municipal
Court Judge may determine.