[HISTORY: Adopted by the Township Committee of the Township of Egg Harbor 2-8-1989 by Ord. No. 1-1989. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 213.
A. 
The New Jersey Uniform Construction Code, N.J.A.C. 5:23-7.1 et seq., as amended, entitled the "Barrier Free Subcode," is hereby adopted as an ordinance by the Township of Egg Harbor such that local enforcement of same and the definitions therein shall be made a part and parcel of this chapter.
B. 
New Jersey Statutes Annotated 39:4-204 through 39:4-207.5, as amended, is hereby adopted as an ordinance by the Township of Egg Harbor such that local enforcement of same shall be made a part and parcel of this chapter, and, further, that the definitions, terms and provisions are similarly adopted.
The office of the Egg Harbor Township Construction Code Official shall be responsible to designate handicapped parking stalls for installation and maintenance on private property to which the public is invited or which is devoted or utilized otherwise by the public for public use or access so as to facilitate access to such premises by handicapped persons. For each property so designated, it shall require a signature on a designation form by the Egg Harbor Township Construction Code Official, with the original to be supplied to the property owner or the owner's agent as described in § 164-3 below, with official copies to a permanent file to be maintained by the Construction Code Official.
When a determination has been made for the handicapped parking stall designation pursuant to § 164-2 of this chapter, the Construction Code Official shall notify the owner of the property, or the agent of the owner, in writing, by registered or certified mail, or by hand delivering such notice, specifically describing the area designated and the reason for making the designation and specifying the method in which the area must be marked such that the designation is evident to the general public.
The marking of such handicapped parking stalls shall be the responsibility of and at the sole expense of the property owner and shall be accomplished within 30 days of receipt of the notification by the owner of the property or the agent of said owner. After 30 days from the date of notification, the Construction Code Official shall inspect and approve the handicapped parking stalls. Upon approval, the Construction Code Official shall certify to the same and provide to the Egg Harbor Township Police Department a notice to that effect to be kept in a permanent record by that Department for purposes of enforcement of this chapter.
Should the owner of the property in question, or the owner's agent, fail to comply with the requirement of the notification by the Construction Code Official of the designation of a handicapped parking stall or stalls or otherwise fail to maintain same, upon written notification to do so, said notification giving the owner or his agent 30 days to comply, the Construction Code Official shall enforce the chapter as being a violation of the New Jersey Uniform Construction Code and a violation of this chapter, taking as well any other appropriate enforcement remedies herein or under New Jersey law. The Construction Code Official may enforce this chapter, notwithstanding any provisions of the New Jersey Uniform Construction Code or any other enforcement remedies which said remedies shall be concurrent with the owner of the property who shall be fined up to $100 per day for noncompliance with this chapter. This enforcement provision does not limit in any way the other enforcement avenues that may be pursued by the Construction Code Official.
It shall be a violation of this chapter for any person not so entitled pursuant to N.J.S.A. 39:4-204 through 39:4-207.5, adopted herein as § 164-1B, to park a motor vehicle in or to otherwise in any way obstruct a designated and marked handicapped parking stall. The Construction Code Official shall enforce this chapter pursuant to the provisions of procedures promulgated under New Jersey law, referenced above, as well as any and all other enforcement remedies available. The Police Department, through its officers, shall enforce this chapter by issuing an appropriate summons to the owner or operator of said vehicle or the party who has otherwise obstructed the designated and marked handicapped parking stall, requiring the summoned party to appear in the Municipal Court of Egg Harbor Township.
[Amended 9-12-1990 by Ord. No. 29-1990]
Any person who shall violate or fail to comply with the provisions of this chapter, specifically § 164-6 above, shall, upon conviction thereof, be subject to a fine of $100 for the first offense and, for subsequent offenses, a fine of at least $100 and to perform up to 90 days of community service.
Chapter 164, §§ 164-1 through 164-4 are hereby repealed,[1] to be replaced with the sections contained herein; except that all handicapped parking stalls heretofore installed or established, such as referred to in the current § 164-2A, designating the Shore Mall,[2] are hereby adopted into this chapter as established handicapped parking stalls subject to full enforcement herein.
[1]
Editor's Note: Former Ch. 164, Parking for Handicapped or Physically Disabled, adopted 8-13-1980 by Ord. No. 25-1980, as amended, was repealed by this chapter.
[2]
Editor's Note: Said § 164-2A read as follows: "Disabled persons' parking spaces shall also be provided in the parking lot of the Shore Mall, conveniently located and easily accessible to the entrances to the mall. Such spaces are shown on the site plan of the Shore Mall, which map and parking plan prepared by S. Fred Carbone, A.I.A., Comm. No. 6905, and dated January 17, 1974, is incorporated herein by this reference thereto."