[Adopted 4-20-1994 (Ch. 67, Art.
IIA, of the 1969 Code)]
For the purpose of this article, the following
definitions shall be applicable:
A person who qualified under the definition of N.J.S.A. 39:4-204
and who possesses a handicapped person identification card issued
by the Director of the Division of Motor Vehicles.
Any building, structure, facility or complex used by the
general public, including but not limited to schools, libraries, recreation
facilities, shopping centers, hotels and other commercial establishments,
except that this term shall not include private family resident -
office.
A.
The owners of all public buildings with a parking
area which provides parking for 20 or more vehicles or which provide
parking spaces adjacent to or used in conjunction with the public
buildings shall, within 120 days of notice thereof, provide for parking
spaces for handicapped persons in accordance with the guidelines herein
set forth and in a location and manner as determined by the Township
Chief of Police or his or her designee.
B.
Parking spaces for the physically handicapped shall
be constructed in accordance with the following guidelines:
(1)
In all instances where parking lots are provided for
public building or facilities as defined herein, designated parking
spaces for handicapped persons shall be required as follows:
|
Total Parking in Lot
|
Required Number of Accessible Spaces
| |
|---|---|---|
|
20 to 50
|
1
| |
|
51 to 200
|
2
| |
|
Over 200
|
1% of the total spaces in lot
|
C.
The location of the physically handicapped spaces
shall be in the area of the parking facility which is most accessible
and approximate to the building or buildings which the facility serves.
The determination of said location shall be made by the Construction
Official in conjunction and consultation with the owner. In shopping
centers and other multistore facilities, the handicapped spaces shall
be as near to the flagship store as possible and/or at such other
locations as may be agreeable between the Construction Official and
the owner.
D.
Each space or group of spaces shall be identified
with a clearly visible sign displaying the international symbol of
access, along with the following words: THESE SPACES RESERVED FOR
PHYSICALLY HANDICAPPED ONLY. SPECIAL VEHICLE IDENTIFICATION REQUIRED.
The lines designating the area shall be painted in fluorescent yellow
paint, and the center of the space shall have painted thereon the
capital letter H.
E.
Each space shall be 12 feet wide to allow room of
persons in wheelchairs or on braces or crutches to get in or out of
either side of the automobile on a level, paved surface suitable for
wheeling and walking.
F.
Where possible, such spaces shall be located so that
persons in wheelchairs or using braces or crutches are not compelled
to wheel or walk behind parked cars.
G.
Where applicable, curb ramps shall be provided to
permit handicapped people access from the parking area to the sidewalk.
H.
Signs shall be posted and maintained, and said signs
shall conform to regulations adopted by the Director of Motor Vehicles
and/or be in conformance with N.J.S.A. 39:4-198 and other relevant
statutes.
I.
All signing, pavement markings, depressed curbing
and/or ramps shall be maintained in good and proper condition, including
but not limited to the condition of required markings and signs which
should remain distinctly visible at all times. Any owner of premises
required to provide handicapped parking stalls who shall fail to maintain
stalls in proper condition shall be subject to penalties in accordance
with this article. No person shall deface or remove any sign erected
pursuant to this article.
[Amended 10-8-1997]
It shall be unlawful for any person to park,
stop or stand a motor vehicle in a parking space designated to the
exclusive use of handicapped persons, unless such person and is utilizing
the handicapped parking space for the benefit of said handicapped
person. Any person who shall violate this section shall be liable
to a fine of $100 for the first offense and, for subsequent offenses,
a fine of at least $100 and up to 90 days' community service on such
terms and in such form as the court shall deem appropriate, or any
combination thereof.
This article shall be enforced by the Township
Police Department.
A.
Prior to the issuance of any summons, the officer
or other designated person shall place on the vehicle a notice of
intention to issue a summons. The notice shall advise the vehicle
operator that, unless satisfactory explanation is made within 10 days
to the Township of Colts Neck Police Department as to why that motor
vehicle was so placed in a space reserved for handicapped persons,
a summons for parking violations, as defined by this article, shall
be issued. Such notice shall be in such form as to enable the operator
of the motor vehicle to insert his or her explanation.
B.
In the event that the motorist shall fail to reply
on the notice form provided, or in the event that the explanation
given evidences violation of this article, the officer or designated
person shall cause a summons to be issued for violation of this article.
