City of Paterson, NJ Chapter 259 Handicapped Parking Policy

[HISTORY: Adopted by the City Council of the City of Paterson 6-9-1992 by Ord. No. 92-029; amended in is entirety 2-10-2015 by Ord. No. 015-009. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Open-air parking lots — See Ch. 359.

§ 259-1 Application for handicapped parking space; procedure.

A. All residents requesting the issuance of a designated handicapped parking space in the City of Paterson must complete and file a formal application with the Department of Public Works, Traffic Division.

B. The application shall require the applicant to provide the following documentation:

(1) The applicant must possess a disabled person identification card issued by the New Jersey Motor Vehicles Commission.

(2) The applicant must furnish to the Traffic Division a valid motor vehicle registration for the vehicle requiring the space and, if the applicant is the vehicle operator, a valid motor vehicle operator license.

(3) The applicant may request a designated handicapped parking space only for the applicant's place of residence.

(4) If the applicant is not the owner of the property at which the handicapped parking space is to be designated, a written statement from the property owner must be submitted to the Traffic Division, stating that the owner has no objection to the restriction of parking in front of the property. Said written statement may not be unreasonably withheld by the property owner.

C. An applicant wishing to further restrict the space to use only by a vehicle bearing a specific license plate number may expressly request the said restriction in his or her application, while noting the license number in the said application. An applicant wishing to add such a restriction to an already existing handicapped space or, conversely, an applicant wishing to remove such a restriction, may so request by filing an amended application.

D. The completed application, together with the required documentation as required in Subsection B, shall be filed with the Division of Traffic and shall constitute a request for a designated handicapped parking space.

E. The fee for restricted handicapped parking space will be predicated upon whether it is a handicap space restricted to a specific license plate or instead is open to any handicapped driver. Current holders of handicapped parking spaces who wish to upgrade to a plate-specific parking space shall pay a processing fee of $50. All handicapped parking spaces shall be subject to annual renewal. Applicants shall be required to provide a copy of the current status of valid New Jersey handicapped status, driver's license and vehicle registration. The annual fee for a plate-specific space shall be $75 for the first year (except for current holders of non-plate specific spaces, who are subject instead to the fee of $50 set forth above) and $50 for each year thereafter. There shall be no fee for a handicapped space that is not plate-specific.

F. The Traffic Division shall approve or deny requests for the issuance of designated restricted handicapped parking spaces on the basis of the standards set forth in § 259-2 of this chapter.

§ 259-2 Grounds for denial of application.

Notwithstanding an applicant's compliance with § 259-1 above, an application for handicapped parking space shall be denied if:

A. Pursuant to applicable state or municipal law, the parking of motor vehicles is prohibited at the location of the requested handicapped parking space or the permitting of such parking would interfere with the normal flow of traffic;

B. The applicant or handicapped person is the owner of the property at which the space is to be designated and has reasonable access to a driveway on the property or reasonable access to some other area of the property which may permit the transport of the handicapped person;

C. The applicant is not the operator of the vehicle for which the handicapped parking space is required, unless the State of New Jersey, Motor Vehicles Commission, has issued the applicant a windshield placard or wheelchair symbol license plates for a vehicle owned by the handicapped person or owned by another occupant of the residence who is a member of the immediate family of the handicapped person; or

D. The applicant resides, either as a tenant or an owner, in a housing complex which provides off-street parking and has reasonable access to said parking and an on-site handicapped parking space has been provided by the owner of the housing complex.

§ 259-3 Appeal procedure; fee.

A. When an applicant has been denied a request for a handicapped parking space by the Traffic Division on the basis of the criteria contained in § 259-2 of this chapter, the applicant has the right to appeal, within 10 days of such denial, to the Municipal Council of the City of Paterson.

B. The fee for an appeal to the Municipal Council of the City of Paterson shall be free if the applicant has sought a space not limited to a specific license plate, or $50 if the applicant has sought a plate-specific space.

C. Denials based upon parking restrictions or traffic considerations outlined in § 259-2A of this chapter, however, are not subject to appeal and require a revision of the location for the space.

D. The Office of Aging and Handicapped Services of the Department of Health and Human Services of the City of Paterson shall investigate all appeals from the denial by the Traffic Division for a handicapped parking space and report its findings to the Municipal Council of the City of Paterson within 30 days of the filing of appeal.

§ 259-4 Notice of approval of space; annual notification of city regarding continued need of space.

A. Upon approval of a request for a designated handicapped parking space and passage of a resolution or ordinance by the Municipal Council of the City of Paterson designating said space, the applicant shall receive a letter notifying the applicant that the space has been so designated and that it is the applicant's responsibility to notify the Department of Public Works, Division of Traffic, of the City of Paterson in the event that the designated handicapped parking space is no longer required.

B. If the space has been requested for use only by a vehicle bearing a specific license plate number, and if the said request has been approved, then the letter shall so indicate the said additional restrictions on the use of the space.

C. Annually, upon the anniversary of the creation of the handicapped parking space by resolution or ordinance, written notice shall be sent by the applicant to the Division of Traffic on forms provided by the City, indicating that a valid and continued need for the handicapped parking space exists. In the event that such notice is not received within 30 days of the anniversary date, the handicapped parking space sign at that location shall be removed and a resolution or ordinance will be presented to the City Council to repeal the designated handicapped parking space.

§ 259-5 Applicability.

The provisions of this chapter shall apply to all designated handicapped parking spaces created within the City of Paterson, except that handicapped parking spaces requested for general public use by public buildings, including but not limited to businesses, schools and hospitals, are not subject to the renewal provision of this chapter.

§ 259-6 Signage.

Where an application has been granted for use by a specific handicapped person pursuant to § 259-4C of this chapter, the street sign marking that space must indicate the license plate number to which the space is restricted and must also state, " USE BY OTHER HANDICAPPED PERSONS PROHIBITED."

§ 259-7 Violations and penalties.

A. Violations of this chapter shall generally be subject to all penalties and remedies set forth in state law as of the time of violation, where such penalties and remedies (subject to later amendment by the state) include but are not limited to the following:

(1) 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, pursuant to N.J.S.A. 39:4-197.

(2) An eligible handicapped person may request a law enforcement officer to arrange for the removal of a vehicle parked in a handicapped space, and said request may be honored at the discretion of the Police Department, pursuant to N.J.S.A. 39:4-207.7.

B. Notwithstanding § 259-7A of this chapter, and consistent with the intent and express language of N.J.S.A. 39:4-197 and N.J.S.A. 39:4-207.7:

(1) If the violator has the general legal right to utilize handicapped parking but has parked in a handicapped space dedicated to a different car's license plate, then a fine only for parking within prohibited area shall apply, where the said violation has a penalty of $50 as of the enactment of this section, but may later be raised by ordinance.

(2) Similarly, if the violator has the general legal right to utilize handicapped parking but has parked in a handicapped space dedicated to a different car's license plate, then, absent extraordinary circumstances, the general policy of this City shall be not to exercise its power to arrange for towing pursuant N.J.S.A. 39:4-207.7.