The following words and phrases, which are not
defined in Subtitle 1 of Title 39 of the New Jersey Statutes Annotated,
shall have the meanings respectively ascribed to them in this section
for purposes of this article:
Any mechanical device or meter not inconsistent with this
article placed or erected for the regulation of parking by authority
of this article. Each parking meter installed shall indicate by proper
legend the legal parking time established by the ordinance and, when
operated, shall at all times indicate the balance of legal parking
time and, at the expiration of such period, shall indicate illegal
or overtime parking.
Any space within a parking meter zone, which is adjacent
to a parking meter and which is duly designated for the parking of
a single vehicle by lines painted or otherwise durably marked on the
curb or on the surface of the street or lot adjacent to or adjoining
the parking meters.
Any restricted on-street parking area or off-street parking
lot upon which meters are installed and in operation.
The Police Department is hereby directed and authorized to provide for the marking off of individual parking spaces in the parking meter zones designated and described in Schedule XXIV (§ 401-83), said parking spaces to be designated by lines painted or marked on the curbing or surface of the street or lot. At each space so marked off, it shall be unlawful to park any vehicle in such a way that said vehicle shall not be entirely within the limits of the space so designated.
[Amended 12-13-2021 by Ord. No. O-45-21]
In said parking meter zones, the Parking Utility shall cause parking meters to be installed upon the curb, sidewalk or area immediately adjacent to the parking spaces provided in § 401-41 of this article. No parking meters shall be installed in areas where parking is prohibited pursuant to the provisions of N.J.S.A. 39:4-138. The Parking Utility shall be responsible for the regulation, control, operation, maintenance and use of such parking meters. Each device shall be so set as to display a signal showing legal parking upon the deposit of the appropriate coin, lawful money of the United States of America, for the period of time prescribed in § 401-43. Each device shall be so arranged that upon the expiration of the lawful time limit it will indicate by a proper, visible signal that the lawful parking period has expired, and in such case the right of such vehicle to occupy such space shall cease, and the operator, owner, possessor or manager thereof shall be subject to the penalties hereinafter provided.
Except in a period of emergency determined by
an officer of the Fire or Police Department, or in compliance with
the directions of a police officer or traffic control sign or signal,
when any vehicle shall be parked in any parking space alongside or
next to which a parking meter is located, the operator of such vehicle
shall, upon entering the said parking meter space, immediately deposit
or cause to be deposited in said meter such proper coin of the United
States of America as is required for such parking meter and as is
designated by proper directions on the meter, and when required by
the directions on the meter, the operator of such vehicle, after the
deposit of the proper coin, shall also set in operation the timing
mechanism on such meter in accordance with directions properly appearing
thereon, and failure to deposit such proper coin and to set the timing
mechanism in operation when so required shall constitute a violation
of this article. Upon the deposit of such coin (and the setting of
the timing mechanism in operation when so required), the parking space
may be lawfully occupied by such vehicle during the period of time
which has been prescribed for the part of the street which said parking
space is located, provided that any person placing a vehicle in a
parking meter space adjacent to a meter which indicates that unused
time has been left in the meter by the previous occupant of the space
shall not be required to deposit a coin so long as his occupancy of
said space does not exceed the indicated unused parking time. If said
vehicle shall remain parked in any such parking space beyond the parking
time limit set for such parking space and if the meter shall indicate
such illegal parking, then and in that event such vehicle shall be
considered as parking overtime and beyond the period of legal parking
time, and such parking shall be deemed a violation of this article.
When a parking meter space is parallel with
the adjacent curb or sidewalk, no person shall park or permit the
parking of any vehicle in such parking space in any other position
than with the foremost part of such vehicle nearest to the parking
meter. When a parking meter space is diagonal to the curb or sidewalk,
no person shall park or permit the parking of any vehicle in such
parking space in any other position than with the foremost part of
such vehicle nearest to the parking meter. When a parking meter shall
have been installed at the head of and immediately adjacent to any
parking space on a municipal off-street parking lot, no person shall
park or permit the parking of any vehicle in such parking space in
any other position than with the foremost part of such vehicle nearest
to the parking meter; provided, however, that in municipal off-street
parking lots, signs shall be erected indicating that head-on parking
only is permitted. In any event, a vehicle shall be parked within
the lines marked on the pavement measuring such parking space.
It shall be unlawful and a violation of the
provisions of this article for any person to:
A.
Cause, allow, permit or suffer any vehicle registered
in the name of or operated by such person to be parked overtime or
beyond the period of legal parking time established for any parking
meter zone as herein described, or to deposit in any parking meter
any coin for the purpose of parking beyond the maximum legal parking
time for the particular parking meter zone.
B.
Permit any vehicle to remain or be placed in any parking
space adjacent to any parking meter while said meter is displaying
a signal indicating that the vehicle occupying such parking space
has already been parked beyond the period prescribed for such parking
space.
C.
Park any vehicle across any line or marking of a parking
meter space or in such position that the vehicle shall not be entirely
within the area designated by such lines or markings.
D.
Deface, injure, tamper with, open or willfully break,
destroy or impair the usefulness of any parking meter installed under
the provisions of this article.
E.
Deposit or cause to be deposited in any parking meter
any slug, device or metal substance or other substitute for lawful
coins.
F.
Park or permit the parking of any vehicle in any parking
meter space where the meter does not register lawful parking.
A.
It shall be the duty of the police officers, acting
in accordance with instructions issued by the Chief of Police, to
report:
(1)
The number of each parking meter which indicates that
the vehicle occupying the parking space adjacent to such parking meter
is or has been parked in violation of any of the provisions of this
article.
(2)
The state license number of such vehicle.
(3)
That such vehicle is parked in violation of any of
the provisions of this article.
(4)
Any other facts, a knowledge of which is necessary
to a thorough understanding of the circumstances attending such violation.
B.
Each such police officer shall also attach to such
vehicle a notice to the owner thereof that such vehicle has been parked
in violation of a provision of this article, and instructing such
owner to report to the Municipal Court with regard to such violation.
A.
Any motor vehicle found within the City of Rahway,
against which there is outstanding a warrant, issued for the violation
of a parking ordinance or other motor vehicle law, shall be subject
to impoundment or immobilization by the Rahway Police Department,
as authorized by the Parking Offense Adjudication Act, P.L. 1985,
c. 14 (N.J.S.A. 39:4-139.2 et seq.).
B.
Except for vehicles owned by lessors which are under
the control or in the possession of the lessee, and provided the lessors
have complied with the provisions of the Parking Offense Adjudication
Act, if any outstanding warrants are not paid by 12:00 midnight of
the 30th day following the day on which the vehicle was impounded
or immobilized, the vehicle may be sold at public auction. The City
Clerk shall give notice of the sale by certified mail to the owner,
if his name and address are known, and to the holder of any security
interest noted on the files of the Director of the Division of Motor
Vehicles. Public notice of the sale shall be in a form prescribed
by the Director of the Division of Motor Vehicles by publication of
public notice at least five days in advance of the date of sale. Publication
shall be in one or more of the official newspapers of the municipality.
C.
At any time prior to the sale, the owner of the motor
vehicle or other person entitled to the motor vehicle may reclaim
possession of it upon payment of the reasonable costs of removal and
storage of the motor vehicle, and payment of any fine or penalty and
court costs assessed against the owner of the vehicle for the violations
which gave rise to the impoundment or immobilization of said vehicle,
including any outstanding warrants against such vehicle; provided,
however, the owner-lessor of a motor vehicle who has complied with
the provisions of the Parking Offense Adjudication Act respecting
lessors shall be entitled to reclaim possession without payment and
the lessee shall be liable for any fine, penalty, court costs and
outstanding warrants against the vehicle.
D.
Any proceeds obtained from the sale of the vehicle
at public auction in excess of the amount owed to the City for the
reasonable cost of removal and storage of the motor vehicle, including
the costs of any outstanding warrants against such vehicle, shall
be returned to the owner of the vehicle, if his name and address are
known.
The coins required to be deposited in parking
meters as provided herein are hereby levied and assessed as fees to
provide for the proper regulation and control of traffic upon the
public streets and also the cost of supervising and regulating the
parking of vehicles in the parking meter zones created thereby, and
to cover the cost of the purchase, supervision, protection, inspection,
installation, operation, maintenance, control and use of the parking
meters described herein.
[Amended 12-13-2021 by Ord. No. O-45-21]
It shall be the duty of the Parking Utility
to designate some proper person or persons to make regular collections
of the moneys deposited in said meters, and it shall be the duty of
such person or persons so designated to remove from the parking meters
the locked containers therein containing the coins so deposited in
said meters and to deliver such locked containers to the Treasurer,
who shall unlock them and count the funds contained in such containers
and deposit such funds in the usual manner provided by law.
A.
The Mayor may, by executive order, suspend the enforcement
of this section, or any part thereof, for any given period of time.
