City of Hackensack, NJ Chapter 127 Private Property, Parking on

[HISTORY: Adopted by the City Council of the City of Hackensack 2-4-1952 by Ord. No. 490. Amendments noted where applicable.]

§ 127-1 Parking on posted private property prohibited.

It shall be unlawful for any person to park or leave standing any vehicle on lands of another, whether publicly or privately owned, in the City of Hackensack, after notice has been posted as hereinafter provided by the owner, occupant, lessee or licensee prohibiting such parking. Nothing herein contained shall apply to any lands lying within the bounds of any public street or highway.

§ 127-2 Posting of signs.

Suitable signs not less than 18 inches by 24 inches bearing the words "No Parking," together with any qualifications or restrictions on such parking, if any, and conspicuously displayed, shall be posted on said lands by the owner, occupant, lessee or licensee, thereof where this chapter is effective. Defacing, tampering with or damaging such signs when posted shall constitute a violation of this chapter.

§ 127-3 Requirements for removal of unauthorized vehicles from private property.

[Added 10-3-2023 by Ord. No. 38-2023[1]]

If any person shall park or leave unattended a vehicle on private property without the consent of the owner or other person in control or possession of the property or for a period in excess of that for which consent was given, in violation of N.J.S.A. 39:4-56.6 and/or § 127-1, the owner or other person in control or possession of the property may authorize the Hackensack Police Department to enter onto said property for the purpose of issuing a summons for such violation pursuant to N.J.S.A. 39:4-56.7 and/or § 127-1. The owner or other person in control or possession of the property may also cause the vehicle to be removed from the property whether or not a summons is issued pursuant to N.J.S.A. 39:4-56.6 and/or § 127-1 using a private towing service. In such instance, the owner or other person in control or possession of the property shall strictly follow the procedures established in the Predatory Towing Act, N.J.S.A. 56:13-13, and, prior to initiating the removal, shall contact the Hackensack Police Department via its nonemergency telephone line [phone] to advise of the reason of the towing, the make and license plate number of the vehicle along with the vehicle identification number if it can be determined from a visual inspection, the name and address of the vehicle owner if known, and the name and address of the tower and the address or location to where the vehicle will be towed and stored. This information shall be provided personally by the owner or other person in control or possession of the property, and not by the tower. The Hackensack Police Department for a legitimate law enforcement reason may direct that the vehicle not be removed until the law enforcement concern can be addressed. In the event of emergency or disablement of the vehicle, the owner or operator thereof shall first be given a reasonable opportunity to effectuate the expeditious removal of the vehicle before it may be towed.

[1] Editor's Note: This ordinance also redesignated former §§ 127-3 and 127-4 as §§ 127-4 and 127-5.

§ 127-4 Restricted parking for the handicapped.

[Added 3-1-1982 by Ord. No. 2-82]

A. Definitions. As used in this chapter, the following terms shall have the following meanings:

PHYSICAL HANDICAP

A physical impairment which confines a person to a wheelchair, causes a person to walk with difficulty or insecurity, affects the sight or hearing to the extent that a person functioning in public areas is insecure or exposed to danger, causes faulty coordination or reduces mobility, flexibility, coordination and perception to the extent that facilities are needed to provide for the safety of that person.

B. Powers. From and after the effective date of this chapter, any person, partnership, association or corporation owning, leasing or occupying property as hereinafter provided, may establish restricted parking spaces for physically handicapped persons. Nothing herein contained shall apply to any lands lying within the bounds of any public street or highway.

C. Parking in areas designated for the handicapped prohibited. No person shall park a vehicle on privately owned property in areas designated and marked as being set aside for the physically handicapped unless said vehicle shall have affixed thereto appropriate identification issued by the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205. Parking in a designated area without the aforesaid vehicle identification shall create a rebuttable presumption that use of the space was not for the physically handicapped.

D. Construction, location and notice. Each space or group of spaces shall be identified with a clearly visible sign not less than 18 inches by 24 inches displaying the International Symbol of Access along with the following words: "This space reserved for the physically handicapped only." Guidelines for the location and construction of areas so restricted shall, wherever practicable, incorporate the standards set forth in Chapter 170 of the Code of the City of Hackensack entitled "Vehicles and Traffic" at § 170-49.2, entitled "Parking for the handicapped."

E. Vehicles illegally parked; complaint; towing. any vehicle not displaying the proper identification or which is otherwise illegally parked in an area designated for the physically handicapped only shall, upon request and a signed complaint by the owner, lessee or occupant of the property, be issued a summons. The person illegally parked may be towed upon request and a signed complaint of the owner, lessee or occupant of the property. Towing of a vehicle on private property shall be the sole responsibility of the owner, lessee or occupant. Whenever a vehicle is towed from private property, the Hackensack Police Department shall be notified as to the reason of the towing, the make and license plate number of the vehicle along with the vehicle identification number if it can be determined, the name and address of the owner if known, and the name and address of the tower and the address or location to where the vehicle was towed. Upon payment to the tower of a reasonable cost for towing and storage, the owner or operator may redeem the vehicle.

[Amended 8-16-1982 by Ord. No. 20-82;10-3-2023 by Ord. No. 38-2023]

§ 127-5 Violations and penalties.

[Amended 3-1-1982 by Ord. No. 2-82; 10-3-2023 by Ord. No. 38-2023]

Any person convicted of a violation of a provision of this chapter or any supplement thereto shall be subject to the penalties established by § 1-15 of the Code of the City of Hackensack.