[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.]
[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Editor's Note: This ordinance superseded former Ch. 201, Parking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.
The following words, terms and phrases shall have the meanings
indicated:
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]
The Director in charge of the Department of Licensing and
Inspection or his authorized representative.
[Amended 2-3-2016 by Ord.
No. 2-2016]
The person to whom the mercantile license is issued.
To stand a vehicle for a period of time greater than is reasonably
necessary to load or unload persons or property.
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.
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.
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. This
definition shall not apply to a valet parking operation.
[Amended 2-3-2016 by Ord.
No. 2-2016]
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 under such agreement and which
is not otherwise open to the general public.
[Amended 2-3-2016 by Ord.
No. 2-2016]
Any operation wherein motor vehicles are relinquished by
a patron to an operator or its employee or contractor at a designated
location, stored or parked by the operator, employee or contractor
and delivered back to the patron upon the patron's request, for which
any charge is made, and which is open to the general public.
[Added 2-3-2016 by Ord.
No. 2-2016]
Any motor-powered device upon which any person or property
is transported from one place to another.
[Amended 2-3-2016 by Ord.
No. 2-2016]
A.
No premises shall be used for the purposes of operating a bus 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. Premises used as patron parking facilities
do not need a separate license but shall be licensed in conjunction
with the mercantile license of the business they serve with the additional
fees as prescribed herein being due with the mercantile license for
the business.
[Amended 2-3-2016 by Ord.
No. 2-2016; 4-19-2023 by Ord. No. 18-2023]
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 for licensure shall include the following information
and shall be submitted to the Mercantile Division of the Department
of Licensing and Inspection. No parking shall be permitted until the
license has been issued.
[Amended 2-3-2016 by Ord.
No. 2-2016; 4-19-2023 by Ord. No. 18-2023]
(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.
(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.
The application for initial licensure or a transfer license shall
include the information above. 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.
[1]
Editor's Note: This ordinance also repealed former Subsection
E, Background check, which immediately followed.
[Amended 5-6-1992 by Ord.
No. 43-1992; 2-3-2016 by Ord. No. 2-2016; 4-19-2023 by Ord. No. 18-2023]
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:
(2)
All signage shall comply with the applicable land use code and requirements
of any land use approval issued for the parking facility.
B.
Identification signs shall identify the operator of the parking facility
or the business served by it and may be incorporated into the tariff
or current rate sign, if applicable, and, if not so incorporated,
shall be easily visible to vehicle operators entering the premises.
C.
Current rate signs.
(2)
The rates must be in accordance with the tariff sign, if a tariff
sign is required, and if not, in accordance with the rates last approved
by the Mercantile Office.
(3)
For parking facilities which charge by the hour or otherwise based
on the duration of time parked, the current 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 current 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.
D.
If required, tariff signs shall:
(1)
Be placed in a location that is easily visible to a vehicle operator
at the entrance of a parking facility.
(2)
Be posted prominently in an unobstructed location on the attendant's
booth(s).
(3)
State the entire rate schedule of the parking facility that is on
file with the Mercantile Division.
(4)
Show all rates in a manner that is easily visible to the intended
reader.
E.
Public prohibitory (towing) signs shall be:
(1)
Posted near all entrances and in locations that are clearly visible
to all driving aisles within the parking facility.
(2)
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 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 conspicuously state the range of legal towing
fees and the gross vehicle weight to which such fee applies.
[Amended 2-3-2016 by Ord.
No. 2-2016; 4-19-2023 by Ord. No. 18-2023]
A.
The current rate sign shall be identical to the appropriate times
and rates contained on the license submission to the Mercantile Office
and to the tariff sign, if applicable.
B.
The tariff signs, if applicable, 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 current rates or alter a tariff sign as often as he may desire; provided, however, that he file with the Director, on each rate change, a new or revised rate schedule and tariff sign, if applicable, and that such new or revised rate schedule and 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 rate schedule or 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. No rate shall, however, exceed the maximum rate set by the Director.
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 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.
F.
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, which receipt may be made available
on paper or electronically.
G.
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.
H.
Holidays.
(1)
Holidays listed on the current rate sign or 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 current rate sign
or 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.
I.
Special events and conventions. There shall be no special rates on
the current rate sign or tariff sign for special events or conventions
unless approved by the Director.
[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 land use approvals and City codes.
[Amended 4-19-2023 by Ord. No. 18-2023]
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.
G.
The operator of a public or semipublic parking facility shall not
refuse to park or store any vehicle based on any discriminatory or
unlawful reasons.
[Amended 4-19-2023 by Ord. No. 18-2023]
H.
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.
I.
The operator shall not permit any barking or noise instruments in
order to induce prospective patrons to enter any such parking facilities.
[Amended 4-19-2023 by Ord. No. 18-2023]
J.
Every entrance or driveway to any parking facility shall be constructed
with applicable ordinances of the City of Atlantic City and applicable
land use regulations and shall be maintained that way.
[Amended 4-19-2023 by Ord. No. 18-2023]
K.
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.
L.
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.
M.
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 or by electronic mail to the
email address on file with the Mercantile Office.
[Amended 4-19-2023 by Ord. No. 18-2023]
N.
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.
O.
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.
P.
No operator of a parking lot or his employee may harass, abuse or
threaten or use physical violence against a City employee.
Q.
The operator shall not permit towing from a temporarily unattended lot unless prohibitory (towing) signs are in place in accordance with § 201-3F herein.
R.
The operator shall not disable any vehicle or engage a third party to disable any vehicle, by tire boot or otherwise, on a parking lot based on nonpayment of parking fees or for any other reason unless authorized, in writing, by the Director. This provision shall not prohibit towing of vehicles in accordance with Chapter 235 of this Code,
[Added 4-19-2023 by Ord. No. 18-2023]
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.
[Amended 9-5-2001 by Ord. No. 43-2001; 2-3-2016 by Ord. No. 2-2016; 4-19-2023 by Ord. No. 18-2023]
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 in accordance with
the parking facility's land use approvals and shall not unreasonably
direct glare to any private property.
B.
Landscaping. Any landscaped open space required by land use approval
otherwise maintained on the parking facility must be maintained free
of weeds, dead plantings and rubbish. All plantings must be trimmed
as required to prevent them from encroaching into the parking area
or City sidewalk, or right-of-way. All fencing must be maintained
and free from holes, graffiti, gaps, missing sections or broken or
bent metal supports.
C.
Paving. Unless otherwise proved by land use approval, every off-street
parking lot shall be surfaced with an asphalt or portland cement binder
pavement which shall be maintained without potholes and repaired when
damaged by excessive wear and tear, the elements or otherwise.
D.
Line striping. Individual stalls shall be identified by line stripes
between four and six inches wide or otherwise as provided in the parking
facility's land use approvals, and the striping shall be repainted
as necessary to remain clearly visible to motorists.
E.
Car stops and curbs. Where required by land use approvals, suitable
car stops shall be provided and replaced if broken.
F.
Booths. All public parking facilities having a parking booth shall
maintain the parking booth at all times. Any damage, including but
not limited to broken glass, dented structure or surfaces, broken
door hinges or other components of the structure in disrepair, must
be repaired no later than 15 days from the date of the damage.
[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[1]
|
[1]
Editor's Note: Former § 201-9, Seasonal parking
lot license, added 7-12-2006 by Ord. No. 55-2006, which immediately
followed, was repealed 4-19-2023 by Ord. No. 18-2023.
