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City of Englewood, NJ
Bergen County
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Table of Contents
Table of Contents
The parking spaces described in Schedule XXIV,[1] attached to and made a part of this chapter, are hereby designated for use by persons who have been issued special vehicle identification cards by the Division of Motor Vehicles pursuant to the provisions of Section 2 of P.L. 1949, c. 280 (N.J.S.A. 39:4-205), when using a motor vehicle on which is displayed a certificate, for which a special vehicle identification card has been issued, pursuant to Section 3 of said law (N.J.S.A. 39:4-206), and no person shall park his vehicle within such spaces unless such person and vehicle satisfy the criterion set forth herein.
[1]
Editor's Note: Schedule XXIV is included at the end of this chapter.
A. 
The locations described in Schedule XXIV,[1] attached to and made a part of this chapter, are hereby designated as restricted parking for use by handicapped persons, and no person shall park any vehicle at such locations except for persons who have been issued special vehicle identification cards by the Division of Motor Vehicles pursuant to the provisions of Section 2 of P.L. 1949, c. 280 (N.J.S.A. 39:4-205), when using a motor vehicle on which is displayed a certificate, for which a special vehicle identification card has been issued, pursuant to Section 3 of said law (N.J.S.A. 39:4-206).
[1]
Editor's Note: Schedule XXIV is included at the end of this chapter.
B. 
No persons shall park or permit the parking of any vehicle in any space designated or restricted for handicapped persons within any parking yard or parking place which is open to the public and to which the public is invited or which is required to provide designated parking spaces for handicapped persons in accordance with rules and regulations promulgated under the State Uniform Construction Code Act (N.J.S.A. 52:27D-119 et seq.), or other applicable law, except persons who have been issued special vehicle identification cards by the Division of Motor Vehicles pursuant to the provisions of Section 2 of P.L. 1949, c. 280 (N.J.S.A. 39:4-205), when using a motor vehicle on which is displayed a certificate, for which a special vehicle identification card has been issued, pursuant to Section 3 of said law (N.J.S.A. 39:4-206).
C. 
Designated handicapped parking on municipal streets.
[Added 12-20-2022 by Ord. No. 22-23]
(1) 
In accordance with the provisions of N.J.S.A. 39:4-197.6, the following on-street locations in front of private residences occupied by a handicapped person are designated as handicapped parking space for the exclusive use by the person issued the New Jersey license plate or permit shown below, if a windshield placard or wheelchair symbol license plates have been issued for a vehicle owned by the handicapped person, or by another occupant of the residence who is a member of the immediate family of the handicapped person, by the Division of Motor Vehicles pursuant to the provisions of N.J.S.A. 39:4-204 et seq., provided such parking is not otherwise prohibited and the permitting thereof would not interfere with the normal flow of traffic. No other person or motor vehicle shall be permitted to park in these spaces.
Name of Street
Side
Location
Permit Number
Address
Direction
Description
####-##
(2) 
Applications shall be made annually to the City Manager for such restricted handicapped parking space and permit therefor, and the applicant shall pay a nonrefundable application fee of $10 and an annual permit fee of $50 to cover the administrative costs of processing such application and individualized sign, made payable to the City of Englewood. The application shall request and the applicant shall present all information relevant to process the request. Upon receipt of a complete application, the Police Department shall review and make a recommendation to the City Manager regarding the designation of the handicapped parking space and permit therefor. In the event that the applicant fails to provide adequate documentation to verify his or her eligibility under this chapter, the application shall be denied. In addition, an application may also be denied if permitting the designation would jeopardize the safe operation thereof by such person, or the permitting thereof would interfere with the normal flow of traffic and/or for the lack of adequate parking in the area.
(3) 
The power to grant a designated handicapped parking space and permit shall be delegated and designated to the Parking Review Committee upon the recommendation of the Police Department. If the Committee so approves, a handicapped parking space in front of or near the residence of the applicant shall be established and a handicapped parking space permit shall be issued. Only the motor vehicle for which a valid permit has been issued is permitted to park in such space. The City Manager shall report to the City Council on, at the very least a semiannual basis, the names and locations of the approved designated handicapped parking spaces, who shall, in turn, review and amend the within chapter.
(4) 
The term of the handicapped parking permit shall be for a period of one year, all of which shall run from March 1 to the last day of February. Applications for renewal of a permit shall be made to the City by November 30 for the following year. The application costs or the annual permit may be prorated on a monthly basis by the date of the application at the discretion of the City Manager.
(5) 
There shall be a $10 late fee for processing the applications received after November 30. The late fee may be waived by the City Manager upon good cause shown by the applicant. In the event that an annual permit is not renewed pursuant to the within section of Chapter 25, the designated handicapped parking space shall be rescinded by the City Manager, and all signs and designated areas shall return to regular parking. In the event that an applicant reapplies for a designated handicapped parking space, there shall be an additional cost assessed to an applicant, in the event that an annual permit was not timely renewed and the designated parking space permit was rescinded by the City Manager, in the amount of $50. The City Manager may waive said assessment upon good cause shown by the applicant.
(6) 
The permit issued by the City of Englewood shall be prominently displayed within the vehicle when it is parked in the designated area so as to be seen from the middle of the street. Only motor vehicles which have such a permit properly displayed shall be permitted to be parked in the restricted parking zone indicated on such permit.
(7) 
All persons with existing handicapped parking spaces shall be sent a letter by the City Manager to inform them of the new ordinance and the options to have a handicapped parking space specifically designated for their use in accordance with this Code of the City of Englewood.
(8) 
A holder of a City of Englewood handicapped parking permit issued pursuant to this section must notify the City Manager within 30 days, if such person changes his or her residence or changes his or her vehicle registration number. If such person fails to notify the City Manager within the 30 days prescribed herein, a $50 penalty will be imposed.
(9) 
Handicapped parking spaces under this chapter will be designated as a tow-away zone. Parking a motor vehicle in a handicapped parking space designated by the City of Englewood as set forth herein without the special vehicle identification card specified herein will entitle the City of Englewood to authorize the immediate towing of the offending vehicle.
(10) 
Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card shall be subject to a penalty of $100.
(11) 
Violations and penalties. Any person parking a motor vehicle in a restricted parking space, as outlined in § 25-56C, without a special vehicle identification card or medal, insignia or marker shall be liable to pay a penalty of $250.
[Added 12-20-2022 by Ord. No. 22-21]
A. 
Purpose. The purpose of the section is to establish an expedited procedure for the application, review and issuance of restricted on-street parking areas for parking by a handicapped person, which person has been issued a windshield placard or wheelchair symbol license plate for the vehicle owned by the handicapped person, or a vehicle owned by a member of the immediate family who resides with the handicapped person throughout the City of Englewood.
B. 
Application and requirements for handicapped parking.
(1) 
Any resident requesting the issuance of a designated handicapped parking space in the City of Englewood must complete, file and submit a formal application with the City Manager along with the associated fees. All handicapped parking spaces shall be subject to annual renewal.
(2) 
The application shall require the applicant to provide the following documentation:
(a) 
The applicant must possess a disabled person identification card issued by the New Jersey Motor Vehicles Commission.
(b) 
The applicant must furnish to the City 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.
(c) 
The applicant may request a designated handicapped parking space only for the applicant's place of residence.
(d) 
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.
(3) 
The completed application, together with the required documentation and the appropriate fees as required, shall be submitted with the City Manager and shall constitute a request for a designated handicapped parking space.
C. 
Parking Review Committee.
(1) 
There is hereby established a Parking Review Committee to review and approve the placement of on-street handicapped parking. The Parking Review Committee shall also conduct an annual review of designated handicapped spaces throughout the City of Englewood. The members of the Parking Review Committee shall be the City Manager, the Chief of Police, or his/her designee and the Director of Public Works.
(2) 
Upon completion of the application together with the required documentation required above and the submission of the appropriate fees, if any, the request for a designated handicapped parking space shall be forwarded to the Committee to review, approve and/or deny said request.
(3) 
The Parking Review Committee shall annually review all designated handicapped parking spaces throughout the City of Englewood. The Committee may request from a recipient/beneficiary of a designated handicapped parking documentation indicating that a valid and continued need for the handicapped parking space exists. In the event that such documentation is not received within 30 days of the request, the Parking Review Committee may direct the Department of Public Works to remove the handicapped parking space sign at that location and a resolution or ordinance will be presented to the City Council to repeal the designated handicapped parking space.
D. 
Grounds for denial of application. Notwithstanding an applicant's compliance with Subsection C above, an application for handicapped parking space shall be denied if:
(1) 
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;
(2) 
The applicant is the owner of the property at which the space/area/zone 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 achieve the requested purpose of the application;
(3) 
For purposes of the request for a designated handicapped parking space, 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;
(4) 
For purposes of the request for a designated handicapped parking space, the applicant resides, either as a tenant or an owner, which provides off-street parking and has reasonable access to said parking and/or an on-street handicapped parking space has already been designated; or
(5) 
Due to the lack of on-street parking available, the City is unable to accommodate and/or approve the request.
E. 
Appeal of denial.
(1) 
When an applicant has been denied a request for a handicapped parking space by the Parking Review Committee on the basis of the criteria contained in Subsection D of this section, the applicant has the right to appeal, within 10 days of such denial, to the Englewood City Council by filing a written notice to the City Clerk.
(2) 
Denials based upon the failure to provide or comply with Subsection B hereof are not subject to appeal to the Council of the City of Englewood.
F. 
Approval of handicapped parking space.
(1) 
Upon approval of a request for a handicapped parking space, the Parking Review Committee shall forward said request for passage of a resolution approving said request by the City Council at the following City Council Meeting. Upon approval of said resolution designating said handicapped space, the applicant shall receive correspondence notifying the applicant that the space has been so designated and the Department of Public Works shall be notified for the installation of the appropriate signage.
(2) 
The City Council shall semiannually adopt an ordinance confirming the resolution/s of approval of the approved handicapped parking spaces. The final passage of the ordinance shall not delay the installation of the appropriate signage, the effectiveness of the approval and/or the enforcement of the parking regulations.
(3) 
The recipient and/or beneficiary of the designated parking space shall have a continued duty and/or obligation to the City of Englewood to advise the City in the event that the designated handicapped parking space is no longer required and to pay any associated fees established by the City relating to the continuation of the designated handicapped parking place.
G. 
Inconsistency. All ordinances or parts of ordinances inconsistent with the provisions of this ordinance are hereby repealed as to such inconsistency only. Nothing herein shall effect the designated handicapped spaces that pre-date the within ordinance, except that those recipients shall have the continued obligations contained herein.
H. 
Severability. If any provision of this section is declared invalid, such invalidity shall not effect the other provisions of this section. Furthermore, the other provisions of this section are deemed to be severable and remain in full force and effect.
I. 
When effective. This section shall take effect upon final passage and publication according to law.