[HISTORY: Adopted by the City Council of the City of Paterson 12-18-1979 by Ord. No. 79-111 as Ch. 9, Art. 13, of the 1979 Revised General Ordinances of Paterson. Amendments noted where applicable.]
Handicapped parking policy — See Ch. 259.
As used in this chapter, the following terms shall have the meanings indicated:
- OPEN-AIR PARKING LOT or PARKING LOT
- Any open-air place, lot or parcel of land used, in whole or in part, for storage or parking of motor vehicles, where a storage or parking fee is charged therefor and which is open to the general public. It shall include such places with shelters that are not completely enclosed.
No person shall conduct, operate or maintain an open-air parking lot within the City without first obtaining a license therefor issued by the Licensing Division, after approval thereof by the Council, as hereinafter provided in this chapter.
Application for an open-air parking lot license shall be addressed to the Council by the person intending to operate the open-air parking lot, upon forms approved by the Council. The application shall be filed in the office of the Licensing Division.
The application shall set forth the following:
The name under which and place where the parking lot is to be operated.
Whether the applicant is an individual, partnership or corporation; if an individual, the name and business and residence address of the applicant; if a partnership, the name and business and bona fide residence addresses of each partner; if a corporation, the name, date and state under which such corporation was organized and the name and business address of the officers and stockholders.
The maximum number of motor vehicles which may, at any one time, be stored or parked upon the premises.
The hours during which motor vehicles may be stored or parked.
A complete schedule of rates to be charged for storing or parking motor vehicles.
Such other information as the Licensing Division may require for the purpose of the approval by the Council as herein provided.
Each application shall be signed and verified under oath by the applicant, if an individual or partnership, or by a duly authorized agent or properly constituted officers, if a corporation.
The license fee, prescribed in this chapter, shall accompany the application.
The annual license fee for the operation of an open-air parking lot under this chapter shall be $5 for each car capacity; provided, however, that in no event shall the license fee be less than $50 per annum.
[Amended 5-3-1983 by Ord. No. 83-034A; 12-2-2003 by Ord. No. 03-087; 11-9-2010 by Ord. No. 10-068]
All licenses issued under this chapter shall be for a term of one year, commencing January 1 and expiring on December 31 of the year in which issued. If the license is issued after January 1, it shall nonetheless expire on December 31 of the year in which issued.
The application shall be referred to the Public Works Director for the purpose of investigation as to the truth of the matters contained in the application and compliance with the requirements of this chapter and City ordinances and resolutions governing traffic. The Public Works Director shall return the application to the Council with his report and recommendation for approval or disapproval.
The Licensing Division shall issue the license provided for in this chapter after approval of the application therefor by the Council.
A record of all applications filed and licenses issued pursuant to the provisions of this chapter shall be kept by the Licensing Division and by the Public Works Director.
A license issued pursuant to this chapter may be transferred to a new operator if approved by the Council. The request for transfer shall be made by written application filed with the Licensing Division and accompanied by a transfer fee of $10. Such application and transfer of the license shall be subject to all the terms, conditions and requirements of this chapter applicable to a new application and the granting of a new license except that no additional license fee shall be required.
Each licensee under this chapter shall maintain at each entrance to the licensed open-air parking lot a permanently affixed sign, suitable to apprise persons using such lot of the following:
The name of the licensee.
The hours of day and night during which such place is open for storing motor vehicles.
The rates charged [and if more than one rate is charged, the figures for each rate shall be of the same size and dimensions] shall be no less than six inches in height. If separate rates are charged for day parking and for night parking, the change of rate and hours shall be stated.
The closing hours of such parking lot, in letters and figures not less than six inches in height.
The maximum car capacity, in letters and figures not less than four inches in height.
If the licensed open-air parking lot is to be open for business at night, adequate lighting shall be maintained to light the whole of such parking lot properly until the time fixed for closing.
At the time of accepting a motor vehicle for parking or storage in the open-air parking lot, the licensee, his agent, servant or employee shall furnish to such person parking or storing his motor vehicle a distinctive check or ticket which shall be numbered to correspond to a coupon placed upon such motor vehicle. The check or ticket shall contain the address of the parking lot and the name of the licensee.
A licensee may alter his charges or rates after he has filed a written notice of such change with the Licensing Division and the Public Works Director, not less than 30 days before the effective date of the change, and has posted signs showing the changed rates or charges in the same manner as provided in § 359-9.
Within 24 hours of any claim made to the licensee or his employees of any loss, theft or conversion occurring upon the licensed premises, the licensee shall notify the Police Division of such claim, furnishing all necessary details.
Each licensee shall keep the sidewalks surrounding the licensed parking lot and the surface of the parking lot free from dirt, ice, sleet and snow and shall keep the sidewalks and the surface of the parking lot in safe condition for the travel of pedestrians using said sidewalks and for the public using said parking lot.
Parking lots shall be kept free from dust by frequent sprinkling or the use of calcium chloride or other means so that the same shall not become a nuisance to adjacent property owners or others.
No person shall move or transfer or permit the movement or transfer of any motor vehicle from any licensed parking lot to any other parking lot without the consent of the owner of or bailor of such vehicle.
Each licensee under this chapter and each of his agents, servants or employees who actually moves, drives or manipulates the motor vehicles parked, stored or offered for parking or storing in the parking lot shall be the holder of a current driver's license issued by the State of New Jersey.
Every licensee shall faithfully perform his duties as bailee. He shall employ honest, reliable and competent attendants and employees on the licensed parking lot. Failure to employ honest, reliable and competent help shall be cause for revocation of the license issued under this chapter.
In addition to the penalty provided in § 359-18, the Council may suspend or revoke any parking lot license upon notice and hearing, if the Council finds that:
The licensee knowingly made any false or materially incorrect statement in the application.
The licensee knowingly violated or knowingly permitted or suffered the violation of any provision of this chapter.
The licensee knowingly violated or knowingly permitted or suffered the violation of any provision of any penal law or ordinance regarding theft, larceny or conversion of a motor vehicle or the operation of a motor vehicle without the owner's consent.
[Amended 12-19-1995 by Ord. No. 95-068]
Any person who violates any provision of this chapter shall, upon conviction thereof, be punished by a fine not exceeding $1,000, by imprisonment for a term not exceeding 90 days or by a period of community service for a term not exceeding 90 days, or any combination thereof. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.