[HISTORY: Adopted by the City Council of the City of Camden as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-1987 by Ord. No. MC-2289 as Ch. 386 of the 1987 Code; amended in its entirety 11-24-1982 by Ord. No. MC-1910]
As used in this article, the following terms shall have the meanings indicated:
PARKING LOT and MOTOR VEHICLE STORAGE
Includes any garage, parking lot or yard or any other building, premises or place for the purpose of storing or parking a motor vehicle where a storage or parking fee is charged therein.
[Added 4-9-1987 by Ord. No. MC-2289]
It shall be unlawful for any person, as defined in § 485-1, to engage in the activity identified and regulated by this article, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter 485, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this article or of Chapter 485 shall be in violation of the provisions of this article.
[Added 4-9-1987 by Ord. No. MC-2289]
A. 
Unless otherwise provided in this article, penalties against persons violating the provisions of this article shall be imposed in accordance with the provisions of § 1-15.
[Amended 10-12-2006 by Ord. No. MC-4234]
B. 
A separate offense shall be deemed committed on each and every day for each and every violation of this article.
C. 
A separate offense shall be deemed committed on each day during or on which a violation or violations occur or continue.
D. 
The imposition of a fine or imprisonment as punishment for a violation of any provision of this article shall not be deemed to be in lieu of any provision of this article or of Chapter 485 providing for revocation or suspension of any license issued under this article and Chapter 485.
[Adopted 3-11-2014 by Ord. No. MC-4819]
This article shall be known and may be cited as "The City of Camden Motor Vehicle Parking Surcharge Ordinance."
Pursuant to P.L. 2013, c. 284,[1] there is hereby imposed a surcharge of 7% on fees paid for the parking, garaging or storing of motor vehicles in the City of Camden, other than fees paid by a tenant for parking in a lot or garage which is part of premises occupied solely as a residence.
[1]
Editor's Note: See N.J.S.A. 40:48C-1.4 et seq.
[Amended 11-10-2016 by Ord. No. MC-5008]
All surcharges collected under this section shall be used for the purpose of demolishing and removing abandoned buildings and structures in the City of Camden and the costs associated therewith. Any collections in excess of the amount necessary for this purpose, and the costs associated therewith, shall be used for infrastructure projects in the City and not exclusive of equipment materials and/or other works.
The Director of Finance ("Director") is hereby designated as the collector of any and all parking surcharges. The Director may delegate ministerial collection and enforcement functions to any authorized third-party agents including, but not limited to, billing, field inspections, and issue summonses for violations of this article and serve and execute all process with respect to any such violation. The final decision-making authority rests with the Director. The Director may promulgate rules and regulations together with appropriate forms relating to the reporting and payment of the surcharges imposed including, but not limited to, regulations which require the following books, reports and records:
A. 
A separate cash receipt journal itemizing the daily cash receipts collected shall be maintained as a permanent record by each operator for each parking garage or lot operation with the City of Camden. In the event a single operator has multiple locations, a separate record shall be maintained for each location.
B. 
The operator of the parking lots and garage operations shall maintain and secure a machine which will sequentially issue tickets and register the time and date of the issuance of such tickets or an alternative mechanized system acceptable to the City of Camden. This mechanized system shall have the capability to document the parking ticket issued to ensure that the daily parking ticket cash receipts can be reconciled with the parking tickets issued.
C. 
The operator of the parking lots and garage operations whose parking surcharge in the aggregate for a year exceeds $10,000 shall submit to the City of Camden an annual certified audit of the financial performance of the parking lots and garage operations. The certified audit for each year shall be submitted within 90 days after the end of the calendar year.
D. 
Manually operated parking lots. Each vehicle shall have a ticket placed upon the windshield which shall bear the time that the vehicle entered the parking lot or garage operation. The departure time must be indicated on the ticket.
E. 
Both manually and mechanized parking tickets shall be kept as permanent daily records and maintained in chronological order by each specific parking lot location for a period of three years at the principal place of business of the operator.
F. 
The operator of the parking lots and garage operations shall openly display its license in accordance with § 485-6 of the Camden Municipal Code.
No person required to collect any surcharges hereunder shall advertise or hold out to any person or to the public in general, in any manner, directly or indirectly, that the surcharge is not considered as an element in the charge payable by the customer, that he/she will pay the surcharge, that the surcharge will not be separately charged and stated to the customer or that the surcharge will be refunded to the customer.
This article shall apply to all operations involved in parking, garaging, or storing of motor vehicles regardless of the date of establishment of such operation. The surcharge authorized herein shall apply to the above as of April 1, 2014.
If the surcharges imposed herein are not paid when due, interest at a rate of 12% per annum on the amount of surcharges, and an additional penalty of 1/2 of 1% of the amount of the unpaid surcharges for each month or fraction thereof during which the surcharge remains unpaid shall be added and collected.
In addition to the provision's interest and penalties, and pursuant to the provisions of N.J.S.A. 40:48C-39, a person is guilty of a disorderly person offense if he/she fails or neglects to make any report required by this article or any rules and regulations promulgated and pursuant thereto; or refuses to permit the Finance Director or his/her designated agent to examine the books, records and papers of any parking lot or garage or any person who knowingly makes an incomplete or fraudulent report or attempts to do anything whatsoever to avoid full disclosure of the amount due under this article or to avoid payment of the parking surcharge in whole or any part thereof, shall upon conviction thereof, be considered a disorderly person and subject to the fines and penalties provided in Title 2C of the State Criminal Code.
The collections and expenditures permitted pursuant to this article shall be included in the annual City audit required pursuant to N.J.S.A. 40A:5-4 to ensure the surcharges are spent for the purposes provided under P.L. 2013, c. 284.[1]
[1]
Editor's Note: See N.J.S.A. 40:48C-1.4 et seq.