Atlantic City, NJ
Atlantic County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Atlantic City 9-17-1986 by Ord. No. 64-1986.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parking in residential areas — See Ch. 202.
Vehicles and traffic — See Ch. 243.
[1]
Editor's Note: This ordinance superseded former Ch. 201, Parking Lots; Meters, adopted as follows: Art. I, 6-19-1980 by Ord. No. 57-1980, as amended, and Art. II, 6-17-1974 by Ord. No. 22-1974.

§ 201-1 Definitions.

The following words, terms and phrases shall have the meanings indicated:
BUS PARKING FACILITY
Any building, structure, garage, outdoor space, place, lot, parcel, yard or enclosure or adjacent property, or any portion thereof, where passenger buses may be stored, parked, housed or kept, for which any charge is made, and which is not open to the general public.
[Added 10-21-1998 by Ord. No. 62-1998]
DIRECTOR
The Director in charge of the Division of Local Vehicle Licensing or his authorized representative in his absence.
OPERATOR
The person to whom the mercantile license is issued.
PARK
To stand a vehicle for a period of time greater than is reasonably necessary to load or unload persons or property.
PATRON PARKING FACILITY
Any building, structure, garage, outdoor space, place, lot, parcel, yard or enclosure or adjacent property, or any portion thereof, provided exclusively for the use and convenience of persons doing business at or with a business establishment, for which no charge to park is made, and whether or not a ticket is validated.
PRIVATE PROPERTY
Any outdoor space, place, lot or parcel or driveway having a capacity to park four vehicles or fewer, and which is not for public use. This shall not apply to a driveway of a home that holds three or fewer vehicles.
PUBLIC PARKING FACILITY
Any building, structure, garage, outdoor space, place, lot, parcel, yard or enclosure or adjacent property, or any portion thereof, where motor vehicles may be stored, parked, housed or kept, for which any charge is made, and which is open to the general public.
SEMIPUBLIC PARKING FACILITY
Any building, structure, garage, outdoor space, place, lot, parcel, yard or enclosure, or any portion thereof, where motor vehicles may be stored, parked, housed or kept, pursuant to an agreement with the owner, operator or manager, and for which a charge is made on a daily, weekly, monthly or yearly rate.
VEHICLE
Any device upon which any person or property is transported from one place to another.

§ 201-2 License required; fees; applications.

A. 
No premises shall be used for the purposes of operating a bus parking facility, patron parking facility, public parking facility, semipublic parking or valet parking operation without first securing a license for the same in the manner hereinafter provided, but no license shall be issued that has not been approved by the Director.
[Amended 2-3-2016 by Ord. No. 2-2016]
B. 
Fees.
[Amended 10-21-1998 by Ord. No. 62-1998]
(1) 
The mercantile license fees for parking facilities shall be as follows:
[Amended 4-20-2016 by Ord. No. 20-2016]
Number of Vehicles
Fee
1 or 2
No charge
3 to 15
$75
16 to 50
$125
51 to 100
$225
Over 100
$225, plus $3 for each vehicle space over 100
Number of Buses
Fee
Parking (buses)
10-bus capacity or less
$500
Over 10 to 25 buses
$1,000
Over 25 to 50 buses
$1,500
Over 50 buses, additionally, per bus
$5
(2) 
The license shall be renewed every year, and the licensing year shall run from August 1 and run until July 31 of the subsequent year.
C. 
The application shall include the following information:
[Amended 2-3-2016 by Ord. No. 2-2016]
(1) 
The full name of the applicant.
(2) 
If the applicant is an individual, the applicant's residential address.
(3) 
If the applicant is a corporation, the location of the registered office in New Jersey and the registered agent.
(4) 
Address of the parking facility, along with a brief sketch and/or photograph of the parking facility showing the entire facility, including buildings, booths and fence or shrubbery.
(5) 
If the applicant is not the owner of the parking facility, a document showing his interest (lease or otherwise) in the premises or, in the alternative, an affidavit of the owner attesting to the applicant's right to use the facility.
(6) 
A certificate of land use compliance from the Atlantic City Planning Department or the Casino Reinvestment Development Authority, as appropriate.
(7) 
The maximum number of cars to be parked on the facility.
(8) 
A tariff sign, if so required under § 201-3A.
(9) 
Certificates showing public liability and property damage insurance in amounts not less than the following: $1,000,000 liability and $200,000 property damage.
(10) 
A telephone number that can reach a responsible person 24 hours a day in case of police or fire emergency.
D. 
After the applicant for a license to operate a parking facility shall make a truthful written application therefor, on a form to be provided by the Director, which application shall be sworn to, and shall file the same with the Mercantile Division of the Department of Licensing and Inspection. The application for initial licensure or a transfer license shall include the information below. Applications for license renewal shall require the applicant to indicate any changes to the information provided on the initial or transfer application and such other information as requested by the Director.
[Amended 2-3-2016 by Ord. No. 2-2016]
E. 
Background check.
[Amended 2-3-2016 by Ord. No. 2-2016]
(1) 
The Director is hereby given the power and authority to investigate all applications for licensing under this chapter and is authorized and empowered to request of the Atlantic City Police Department a full background check of all applicants.
(2) 
If the Director, after the background check, is satisfied that the information in the application is true, then he may authorize the issuance of the license. If he finds a conviction of a crime, whether or not disclosed, that may indicate that the issuance of the license is not in the public interest, then he may deny the application. If the application is not denied within 30 days of the date of the filing of the application, then the application shall be deemed approved.
(3) 
An appeal to that denial may be made within 10 days to the Mayor.

§ 201-3 Signs.

[Amended 5-6-1992 by Ord. No. 43-1992; 2-3-2016 by Ord. No. 2-2016]
A. 
Sign requirements. The following shall apply to all signs on all parking facilities.
(1) 
The following functional types are permitted on all parking facilities and required as indicated:
(a) 
Identification signs, required for:
[1] 
Patron parking facility;
[2] 
Bus parking facilities;
[3] 
Public parking facilities;
[4] 
Semipublic facilities.
(b) 
Current rate signs, required for:
[1] 
Bus parking facilities;
[2] 
Public parking facilities;
[3] 
Valet parking operation.
(c) 
Tariff sign, required for:
[1] 
Bus parking facilities;
[2] 
Public parking facilities;
[3] 
Semipublic facilities.
(d) 
Prohibitory (towing) signs, required to permit towing.
(e) 
Closed signs, required when lot is closed.
(f) 
Valet parking service rate schedule, required for valet operations.
(2) 
The following structural types are permitted:
(a) 
Awning, canopy or marquee sign.
(b) 
Ground sign.
(c) 
Projected sign.
(d) 
Wall sign.
(e) 
Pole sign.
B. 
Identification signs shall identify the operator of the parking facility or the business served by it and may be incorporated into the tariff sign, if applicable, and, if not so incorporated, shall:
(1) 
Not exceed 16 square feet in size.
(2) 
Not be lower than four feet nor higher than 14 feet.
(3) 
Be placed where most desirable to fit the needs of the individual business.
(4) 
Have style and coloring in keeping with the operator's logo, trademark or other identifying symbol.
C. 
Current rate signs.
(1) 
Current rate signs shall:
(a) 
Not exceed 16 square feet in size.
(b) 
Be placed in a location that is easily visible to a vehicle operator prior to entry into a parking facility.
(c) 
Display the words "CURRENT RATE" in capital letters, four inches high at the top of the sign.
(d) 
Indicate the parking rate in effect at the time that the sign is displayed.
(2) 
The rates must be in accordance with the tariff sign, and all numerals indicating the rates shall be the same size and no less than four inches high.
(3) 
For parking facilities which charge by the hour or otherwise based on the duration of time parked, the rate sign shall show the period of time for which the current rate applies and the subsequent rate, if that subsequent rate is different than the initial rate, that will result in an additional charge if the vehicle remains beyond the stated period of time.
(4) 
For parking facilities which charge on a per-use basis and not by the hour or duration of the parking stay, the rate sign shall show the period for which the current rate applies and, if the rate charged to the patron is the one that is effective at the time of exit from the parking facility, the sign shall so state.
(5) 
For valet parking operations, a rate sign must be shown that conspicuously indicates the amount to be charged to the general public before any discount, but otherwise shall not be required to comply with Subsection C(1) of this section.
D. 
Tariff signs shall:
(1) 
Not exceed two feet by three feet.
(2) 
Be placed in a location that is easily visible to a vehicle operator at the entrance of a parking facility.
(3) 
Be posted prominently in an unobstructed location on the attendant's booth(s).
(4) 
State the entire rate schedule of the parking facility that is on file with the Mercantile Division.
(5) 
Have a white background with black lettering, show all rates in the same size font and be easily visible to the intended reader.
(6) 
Have the name of the operator, the mercantile license number and the address.
E. 
Public prohibitory (towing) signs shall be:
(1) 
Not smaller than two feet by two feet.
(2) 
Posted near all entrances and in locations that are clearly visible to all driving aisles within the parking facility.
(3) 
Contain the words "Unauthorized Vehicles Will Be Towed," and state the name, address and telephone number of the towing company. Such sign shall also state the range of legal towing fees in a box, measuring seven inches by 12 inches and located beneath the prohibitory reading. Said box shall be divided into equal-sized segments, in each of which will be identified a particular towing fee and the gross vehicle weight to which such fee applies.
F. 
Private property prohibitory (towing) signs.
(1) 
Private property towing signs must be posted in an unobstructed location, reading "Private Property, No Parking, Tow-Away Zone," the name of the towing company, the address and phone number of the towing company and the fee for said towing.
(2) 
Such sign shall also state the range of legal towing fees in a box, measuring seven inches by 12 inches and located beneath the prohibitory reading. Said box shall be divided into equal-sized segments, in each of which will be identified a particular towing fee and the gross vehicle weight to which such fee applies.
G. 
Closed signs. A closed sign must be displayed at all entrances when a parking facility is closed and can be an independent sign or incorporated as information on the current rate sign.
H. 
Valet parking service rate schedule. A valet parking service rate schedule shall:
(1) 
Be placed in a location that is easily visible within the cashier area of a valet parking operation.
(2) 
State the entire rate schedule for the valet service.

§ 201-4 Rates.

[Amended 2-3-2016 by Ord. No. 2-2016]
A. 
The price to be charged and the time that said charge is made are to be set forth on the tariff sign mentioned in the preceding section. The current rate sign shall be identical to the appropriate times and rates contained on the tariff sign.
B. 
The tariff signs shall be identical to the tariff sign schedule filed with the initial application or subsequent rate change application.
C. 
The operator, during the licensing year, may change or alter said tariff sign as often as he may desire; provided, however, that he file with the Director a new or revised tariff sign and that such new or revised tariff sign be approved by the Director and a copy of the revised tariff sign showing the approved rate change be placed in locations as required in § 201-3D. If the application for a revised tariff sign is not denied within five business days of the date of the filing of the application, then the application shall be deemed approved.
D. 
No new or revised rates or charges may be posted or fees collected until the conditions of Subsection C are met.
E. 
It shall be unlawful to operate a parking lot on the honor system of collection of fees, and the towing of vehicles from a parking facility that parked when an attendant was absent from the facility is prohibited unless a public or private property prohibitory (towing) signs clearly states that unauthorized vehicles shall be towed.
F. 
It shall be unlawful to display any rate or price sign other than such as is provided for in this chapter or to enact any rate change or fee for the parking or storage of vehicles on any parking facility in excess of or less than those contained in the latest rate change that was filed with the Director except that this section shall not apply to valet parking operations as no approval for rates or changes in rates shall be required for such operations.
G. 
The owner or operator of a vehicle parked or stored on or in any parking facility shall be given a receipt upon his or her request for the same which shall indicate the amount paid and the name and address of the parking facility.
H. 
Hours. Unless otherwise specified in the rate change application or on the tariff sign, the hours on the tariff sign for daily parking shall mean from 12:00 midnight to 11:59 p.m.
I. 
Holidays.
(1) 
Holidays listed on the tariff sign shall mean the following holidays: New Year's Day, Martin Luther King Day, Presidents Birthday, Good Friday and Easter, Memorial Day, the Fourth of July, Labor Day, Columbus Day, Thanksgiving Day, Christmas Day and those days recognized by the City of Atlantic City as legal holidays.
(2) 
Holiday weekends. Holiday weekends listed on the tariff sign shall mean that, if the holiday falls on a Thursday, then Thursday, Friday, Saturday and Sunday; if a holiday falls on a Friday, then Friday, Saturday and Sunday; if a holiday falls on a Saturday or a Sunday, then Saturday and Sunday, and that day that the federal government and/or the City of Atlantic City designates as the holiday; if a holiday falls on a Monday, then Saturday, Sunday and Monday. If the holiday falls on a Tuesday or Wednesday, then there shall be no holiday weekend rates; however, there shall be holiday rates for the holiday itself.
J. 
Special events and conventions. There shall be no special rates on the tariff sign for special events or conventions unless approved by the Director.

§ 201-5 Rules governing facility and lot operators.

[Amended 2-3-2016 by Ord. No. 2-2016]
A. 
Rules. Every parking lot must be maintained and cleaned as necessary to comply with all City codes.
B. 
No motor vehicle shall be parked within three feet of any occupied dwelling unless waived by the Director.
C. 
No motor vehicle shall be backed in toward any occupied dwelling within 20 feet of any dwelling, so that the exhaust fumes do not become offensive to the occupants of said dwelling.
D. 
There shall not be permitted any loud noises or radios, the tooting of horns, the racing of motors or loud talking or shouting by employees.
E. 
Every licensee shall maintain on the parking facility a copy of his current mercantile license, posted in a prominent place, and shall be displayed to any interested person requesting it.
F. 
The operator shall not permit any picnicking or eating meals in any vehicle.
G. 
The operator shall not permit any sleeping or changing of clothes in any vehicle.
H. 
The operator of a public or semipublic parking facility shall not refuse to park or store any vehicle for which there are accommodations, provided that the operator of the vehicle tenders such fee for said parking unless the lot or a portion of the lot is closed to the public by the operator.
I. 
There shall be no shuttling of vehicles to other parking facilities without the expressed consent of the owner. This section does not apply to valet parking operations.
J. 
The operator shall not permit any soliciting, barking or waving in order to induce prospective patrons to enter any such parking facilities.
K. 
Every entrance or driveway to any parking facility shall be constructed with applicable ordinances of the City of Atlantic City and shall be maintained that way.
L. 
Driveway access and circulation shall adequately provide for ingress and egress to all parking areas and circulation within the parking lot to permit vehicles to enter and exit the parking facility without backing into any street or driving over any sidewalk.
M. 
Space designation will be made by painting lines on the facility where applicable. There shall be no parking in the aisles unless permitted in accordance with land use approvals. This section does not apply to valet parking operations.
N. 
Any employee of any parking lot shall be the operator's designee for any correspondence or summonses from the City of Atlantic City. Service of any summons shall be by certified mail, return receipt requested, to the address of operator at the address shown on his mercantile license. If the certified mail is not completed, then a summons shall be sent by regular mail.
O. 
The operator shall be responsible for any acts of noncompliance under this chapter by any of the operator's employees and shall be subject to any fines and penalties for any such violations.
P. 
The operator or his employees or other designee may not offer a gift, gratuity or other thing of value to any employee of the Department of Licensing and Inspection.
Q. 
No operator of a parking lot or his employee may harass, abuse or threaten or use physical violence against a City employee.
R. 
The operator shall not permit towing from a temporarily unattended lot unless prohibitory (towing) signs are in place in accordance with § 201-3F herein.

§ 201-6 Suspension or revocation of license.

A. 
The Director may suspend or revoke, by hearing, the mercantile license of any operator who violates any section of this chapter a second or subsequent time within a one-year period from the prior violation.
[Amended 2-3-2016 by Ord. No. 2-2016]
B. 
Suspension or revocation may be appealed to the Mayor.
C. 
The notice of hearing shall be by personal service or by registered mail to the last known address of the operator at least 10 days prior to the hearing. The notice shall contain the date, time and location of the hearing, along with the specific charges, and failure to show up for such hearing shall be deemed a guilty plea, and the Director is authorized to take appropriate action.
D. 
The operator is permitted legal counsel and may produce any witnesses and evidence that he deems necessary.
E. 
The Director is further authorized and empowered to suspend, pending hearing, if he deems that the health, safety and welfare of the public are in jeopardy.

§ 201-7 Land use standards.

Every licensed parking facility shall comply with the provisions set forth in this chapter as well as the following standards:
A. 
Illumination. Fixed lighting shall be arranged to prevent direct glare to any public or private property or street.
B. 
Landscaping. A perimeter landscaped open space of a width of at least five feet or a durable and well-maintained solid wall, fence, compact evergreen hedge or other screening device of three feet to four feet in height shall be provided along every street line. Said landscaping to be provided along every street line where the street bed is 20 feet or more from curb to curb.
[Amended 9-5-2001 by Ord. No. 43-2001]
C. 
Paving. Every off-street parking lot shall be surfaced with an asphalt or portland cement binder pavement providing for an all-weather durable and dustless surface and shall be graded and drained to dispose of surface water accumulation by means of a positive stormwater drainage plan which has been approved by the City Engineer.
D. 
Line striping. Individual stalls shall be identified by line stripes between four and six inches wide.
E. 
Car stops and curbs. Suitable car stops shall be provided, located and designed to protect required screening devices and landscaping from damage from vehicles to provide necessary traffic control in the parking area. These wheel stops shall be three feet from any structure unless said distance is shortened pursuant to the approval of the Director.
F. 
Booths. All public parking facilities shall have a parking booth of a design approved by the applicable Land Use Administrator.
[Amended 2-3-2016 by Ord. No. 2-2016]
G. 
Date of compliance. Those parking facilities not now in compliance shall be in compliance no later than July 1, 1987.
H. 
Planning/zoning approvals. Those facilities which have, subsequent to June 1979, or will receive site plan approval by the Casino Reinvestment Development Authority, Atlantic City Planning or Zoning Boards or have, subsequent to June 1979, or will have received site plan certification associated with the issuance of a land use compliance certificate shall be subjected to those land use standards associated with such approvals and not the provisions of this section.
[Amended 2-3-2016 by Ord. No. 2-2016]

§ 201-8 Violations and penalties.

[Amended 11-25-2008 by Ord. No. 104-2008; 10-15-2014 by Ord. No. 61-2014]
When a violation of this chapter occurs, the violator may be fined or have his or her license suspended or revoked according to the penalties set forth in this chapter:
Section Number
Penalty
Court Appearance Required
201-1
Not applicable
201-2A
Up to $2,000, suspension or revocation, or both
Yes
201-2B
Not applicable
201-2C
Up to $2,000, suspension or revocation, or both
Yes
201-2D
Not applicable
201-2E
Not applicable
201-3A
$100 to $1,000
Yes
201-3B
$100 to $1,000
Yes
201-3C
$100 to $1,000
Yes
201-3D
$100 to $1,000
Yes
201-3E
$100 to $1,000
Yes
201-3F
$100 to $1,000
Yes
201-3G
$100 to $1,000
Yes
201-4A
$100 to $1,000
Yes
201-4B
$100 to $1,000
Yes
201-4C
$100 to $1,000
Yes
201-4D
$100 to $1,000
Yes
201-4E
$100 to $1,000
Yes
201-4F
$100 to $1,000
Yes
201-4G
$100 to $1,000
Yes
201-4H
Not applicable
201-4I(1)
Not applicable
201-4I(2)
Not applicable
201-4J
$100 to $1,000
Yes
201-5A
$100 to $1,000
Yes
201-5B
$50 to $500
Yes
201-5C
$50 to $500
Yes
201-5D
$50 to $500
Yes
201-5E
$50 to $500
Yes
201-5F
$50 to $500
Yes
201-5G
$50 to $500
Yes
201-5H
$50 to $500
Yes
201-5I
$50 to $500
Yes
201-5J
$50 to $500
Yes
201-5K
$50 to $500
Yes
201-5L
$50 to $500
Yes
201-5M
$100 to $1,000
Yes
201-5N
$100 to $1,000
Yes
201-5O
$100 to $1,000
Yes
201-5P
$100 to $1,000
Yes
201-5Q
$100 to $1,000
Yes
201-5R
$100 to $1,000
Yes
201-5S
$100 to $1,000
Yes
201-5T
$200 to $2,000
Yes
201-5U
$100 to $1,000
Yes
201-6
Not applicable
201-7
$200 to $2,000
Yes
201-7A
$100 to $1,000
Yes
201-7B
$100 to $1,000
Yes
201-7C
$100 to $1,000
Yes
201-7D
$100 to $1,000
Yes
201-7E
$100 to $1,000
Yes
201-7F
$100 to $1,000
Yes
201-7G
$100 to $1,000
Yes
201-7H
Not applicable

§ 201-9 Seasonal parking lot license.

[Added 7-12-2006 by Ord. No. 55-2006]
Any owner of private property, as defined by § 201-1 of this chapter, shall be permitted to make available, to the public, private land for the purpose of parking registered and insured vehicles, as defined by § 201-1.
A. 
Anyone seeking to use private property, under this section, shall not be authorized to use the private property as a seasonal parking lot without first securing a license for the same from the Director in a manner as provided by § 201-2C. Further, it is expressly understood by the applicant that, should a license be issued, the permission for such usage shall run from Memorial Day of the year applied until Labor Day of the same year. After which, such permission is exhausted. The license may be renewed every year.
B. 
The fee for the seasonal parking lot license shall be the same as set forth in § 201-2B of the Code.
C. 
After the application has been made, the Director will cause an inspection to be made by the transportation inspector and, following their report, if all conditions are in order, shall approve the application, and a mercantile license shall be issued. The mercantile license shall reflect the maximum number of cars permitted.
D. 
The Director is hereby given the power and authority to investigate all applications for licensing under this section and is authorized and empowered to request of the Atlantic City Police Department a full background check of all applicants. If the Director, after the background check, is satisfied that the information in the application is true, then he or his designee may authorize the issuance of the license. If he finds that the information is false, then he or his designee may deny the application. If the application is not denied within 30 days of the date of the filing of the application, then the application shall be deemed approved. An appeal to any denial may be made within 10 days to the Mayor.
E. 
All sign requirements of § 201-3 shall be applicable to all seasonal parking lots; to the exception, however, of any sign addressing and/or concerning rates, as any licensee, under this section, is not authorized to charge for such usage.
F. 
All applicants and/or licensees agree to be bound by and make as a condition to the validity of their license the terms and conditions of § 201-5.
G. 
The issuance of any license, hereunder provided, is subject to suspension or revocation in conformity with § 201-6.
H. 
Every licensed seasonal parking lot shall comply with land use standards, including but not limited to illumination, paving or grating and Planning and Zoning Board approvals as provided by the appropriate administration agency.
I. 
Should a violation of this section occur, the violator may be fined or have his license suspended or revoked according to the penalty of § 201-8, made applicable herein, to the extent not inconsistent with this section.