[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.