[HISTORY: Adopted by the Mayor and Council of the City of Hoboken as indicated in article histories. Amendments noted where applicable.]
Article I Surface Parking Lots
Article II Parking Tax
[Adopted 9-21-1966 by Ord. No. 277; amended in its entirety 11-18-2013 by Ord. No. Z-266]
Word usage. Whenever any words and phrases are used in this article, the meaning respectively ascribed to them in Subtitle 1 of Title 39 of the Revised Statutes of New Jersey shall be deemed to apply to such words and phrases used herein.
Terms defined. As used in this article, the following terms shall have the meanings indicated:
- PARKING METER
- Includes 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 City 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.
- PARKING METER BAG
- A cover affixed by the Parking Utility to indicate the rental of a parking space by a resident or local business, referred to as the "licensee."
- PARKING METER SPACE
- A space within a parking meter zone, 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, road or parking lot adjacent to a street or road and adjacent to or adjoining the parking meters.
- PARKING METER ZONE
- Includes any restricted street or parking lot contiguous to a street or road upon which parking meters are installed and in operation.
- PERMIT PARKING AREA
- Any public parking lot which does not constitute a parking meter zone shall be labeled as a "permit parking area" and shall be subject to monthly fees and rates as described herein.
- PUBLIC PARKING LOT
- Includes all surface parking lot facilities owned, operated or conducted by the Parking Utility of the City of Hoboken and used for or devoted to public parking.
The Director of the Department of Law, Division of Public Safety, of the City of Hoboken is hereby authorized to establish, immediately, zones to be known as "parking meter zones" in and upon the parking area hereinafter described, where parking will be permitted for periods not exceeding 360 minutes on the following described area in the City of Hoboken:
All that certain lot, tract or parcel of land and premises, situate, lying and being in the City of Hoboken, County of Hudson, and State of New Jersey, and known and designated as "351-353 Fourth Street, Block 52, Lot 21"; "355 Fourth Street, Block 52, Lot 20"; and "357 Fourth Street, Block 52, Lot 19."
Signs shall be posted at the aforesaid entrances and exists clearly marked, and the pavement portion thereof shall also indicate clearly thereon whether it is an exit or an entrance with an arrow designating the direction in which traffic may move onto or off of said parking area.
Parking meters installed in the parking meter zones, as established in § 140-2, shall be placed upon the specific area designated for parking immediately adjacent to said parking places as described in the chapter. Each parking meter shall be placed or set in such manner as to show or display, by a signal, that the parking space adjacent to such meter is or is not legally in use. Each parking meter shall be so set as to show or display a signal showing legal parking for the space alongside such meter for a period for two hours, maximum allowable time, upon a deposit therein of a $0.25 coin of the United States of America for each fifteen-minute period, and the parking limit shall be set forth on a legend affixed to the meter. Each parking meter installed shall indicate by a proper legend the legal parking time established by the City and, when operated, shall indicate on and by its dial and pointer the duration of the period of legal parking and, upon the expiration of such period, shall indicate illegal or overtime parking. The directions contained in the aforesaid legend as to the time limit specified thereon shall be for designated legal parking time in such area of control. All parking meters shall be operational for the time period Monday through Saturday, 9:00 a.m. to 9:00 p.m.
It shall be unlawful for any person to park or to permit a vehicle to be parked or remain in said parking lot with a sticker, sign or permit cover for any meter not issued by the Authority for the specifically parked vehicle.
It shall be unlawful for any person to deposit or cause to be deposited in any parking meter in said area any slug, device or metallic substitute for a proper coin of the United States.
No truck having a gross weight of two tons shall park in or use any public parking lot owned, operated or maintained by said Authority.
No truck, tractor or trailer or vehicle moved by human or animal power shall park in or use any such parking area owned, operated or maintained by said Authority.
No car shall be parked in said area when it does not fit between the lines designated as a single parking meter unit, nor shall any vehicle be parked thereon which requires more than one parking meter space.
No vehicle, not equipped with pneumatic tires properly inflated, shall park in or use any parking area owned, operated or maintained by said Authority.
It shall be unlawful for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this article.
When any vehicle shall be parked in any space adjacent to where a parking meter is located in accordance with the provisions of this article the operator of said vehicle shall, upon entering said parking space, immediately deposit or cause to be deposited a ten-cent coin of the United States of America in such parking meter for a time not to exceed 60 minutes, or deposit or cause to be deposited a twenty-five-cent coin of the United States of America in such parking meter for not to exceed 360 minutes, in accordance with directions properly appearing thereon, and shall not permit such vehicle to be parked in such zone beyond two such consecutive sixty-minute periods, or the three-hundred-sixty-minute period. Failure to move said vehicle from said parking area after the expiration of a one-hundred-twenty-minute period, or after the expiration of the three-hundred-sixty-minute period, shall subject such persons to the penalty prescribed in § 140-7B of this chapter. The use of said parking zone is restricted to the use by any parked vehicle therein to 120 minutes, or the 360 minutes, without any right to redeposit another coin in such meter for any additional period of time; after which period, such car must be moved by the operator thereof. Notice of said restriction shall be affixed prominently to each parking area when such restriction is in effect. In the event that any operator shall fail to move his vehicle after the expiration of the said one-hundred-twenty-minute period, or the three-hundred-sixty-minute period, said vehicle shall be deemed to be illegally parked within said parking zone and may be taken into possession by the City of Hoboken and towed to some proper storage place designated by the Division of Public Safety. The owner shall pay the reasonable costs of the removal and storage charges before regaining possession of said vehicle. The City of Hoboken, its agents, servants or employees shall not be responsible or liable in any manner for damages incurred in the towing, storage, possession or disposition of such vehicle.
When any vehicle shall be parked in any space adjacent to which a parking meter is located in accordance with the provisions of this chapter, the operator of said vehicle shall, upon entering said parking space, immediately deposit or cause to be deposited a ten-cent coin of the United States in such parking meter for a time not to exceed 60 minutes, or should such operator desire such vehicle to be parked for a period of 120 minutes, then he shall deposit an additional ten-cent coin for such additional hour for which the parking space is so to be used, or should such operator desire such vehicle to be parked for a three-hundred-sixty-minute period, he shall deposit a twenty-five-cent coin, and failure to deposit such coins shall constitute a breach of this chapter and shall subject such person to the penalty prescribed in § 174-7 hereof. Upon the deposit of a ten-cent coin for each sixty-minute period, or upon the deposit of a twenty-five-cent coin for a three-hundred-sixty-minute period, and placing said meter in operation, such parking space may be lawfully occupied by such vehicle during the period of parking time as indicated on said parking meter but in no case in excess of the 120 consecutive minutes, or in excess of the three-hundred-sixty-consecutive-minute period. If said vehicle shall remain parked in any such parking space beyond the parking time limit fixed for such parking space, or as indicated on said parking meter, the parking meter shall, by its dial and pointer, indicate such illegal parking; and in that event, such vehicle shall be considered as parked overtime and beyond the period of legal parking time, as above set forth, and the parking of a vehicle overtime or beyond the period of legal parking time, as above set forth, in any such part of a street, road or parking lot contiguous to said road or street where such meter is located, shall be a violation of this chapter and the operator of such vehicle so parked punished as hereinafter set out.
The Parking Utility of the City of Hoboken shall receive all of the monies which may have been deposited in said meters, or collected in exchange for said permits, and such collections shall be under the supervision of said utility.
The Director of the Division of Parking and Transportation shall set universal fees and/or rates for each public parking lot governed by this article. The Director shall have the authority and discretion to change said rates on a monthly basis, but not more often, said rates not to exceed $195 per month for a single vehicle spot.
Violations. It shall be unlawful and a violation of the provisions of this article for any person to:
Cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the maximum one-hundred-twenty-minute period, or the maximum three-hundred-sixty-minute 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.
Permit any vehicle to remain or to 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 in such parking area, without depositing a coin as provided for in § 140-4 hereof.
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.
Penalty. Any person who violates or fails to comply with any of the provisions of this article shall, upon conviction thereof before the Municipal Judge of the City of Hoboken, be liable to a fine of not more than $1,000 for each and every offense and, in default of payment of such fine, shall be imprisoned in the county jail not exceeding 90 days, in the discretion of the Municipal Judge. Any corporation which, by means of its officers, agents or employees, shall permit or who shall commit a violation of any of the provisions of this article shall, conviction thereof before the Municipal Judge, be subject to a fine not exceeding $1,000 for each and every offense, in the discretion of the Municipal Judge, and in default of payment of such fine at the time of conviction, the amount thereof shall be recovered from such corporation by means of any action at law in the name of the City of Hoboken, a municipal corporation of the State of New Jersey, as in the nature of a debt owing to said municipal corporation.
Nothing in this article shall be construed as prohibiting the City of Hoboken from providing for bus stops, taxicab stands and other matters of similar nature, including the loading or unloading of trucks, vans, or other commercial vehicles.
Parking spaces and parking meter covers are rented and installed by the Parking Utility to residents and businesses of Hoboken. The Parking Utility shall have the authority to establish rental rates for parking spaces and parking meter covers and to contract with applicants at such rates. The private contracting party is referred to as a "licensee."
In no case shall a licensee allow a vehicle to remain in such a parking space beyond the contract period. Vehicles remaining beyond the contract period shall be considered parked illegally and are subject to the provisions of § 140-7B.
During the contact period, no person other than the licensee or his, her or its designee shall occupy the affected parking space(s). If such a vehicle remains parked for more than one hour, the vehicle may be booted and/or towed and impounded at the vehicle owner's expense.
[Adopted 12-18-1991 by Ord. No. P-169]
This article shall be known and may be cited as the "Hoboken Parking Tax; Persons Responsible for Collection; Chief Financial Officer to Establish Procedures for Collection; Interest and Penalties."
There is hereby imposed a tax of 15% on fees for the parking, garaging or storing of motor vehicles other than fees from parking in garages or parking areas which are leased to residential tenants.
All taxes imposed by this article shall be collected on behalf of the City of Hoboken by the person providing parking services to the customer.
The Chief Financial Officer of the City of Hoboken is hereby designated as collector of parking taxes. The methods for reporting taxes due shall be on forms and in accordance with procedures prescribed by the Chief Financial Officer from time to time.
Every person required to collect any taxes imposed by this article shall be personally liable for the tax imposed, collected or required to be collected. Any such person shall have the same right in respect to collecting the tax from his customer or in respect to nonpayment of the tax by the customer as if the tax were a part of the parking or storage fee and payable at the same time; provided, however, that the Chief Financial Officer of the City of Hoboken shall be joined as a party in any action brought to collect the tax.
No person required to collect any tax hereunder shall advertise or hold out to any person or to the public in general in any manner, directly or indirectly, that the tax is not considered as an element in the fee payable by the customer, that he will pay the tax, that the tax will not be separately charged and stated to the customer or that the tax will be refunded to the customer.
If for any reason the tax is not paid when due, interest at a rate of 12% per annum on the amount of the tax due, and an additional penalty of 1/2 of 1% of the amount of the unpaid tax for each month or fraction thereof during which the tax remains unpaid, shall be added and collected. Where action is brought for the recovery of any tax hereunder, the person liable shall, in addition, be liable for the costs of collection and the interest and penalties imposed.
No tax shall be imposed with respect to any parking, garaging or motor institutions or on vehicle storing fees charged by any religious, charitable or educational institution or nonprofit organization.
Taxes due under this article shall be paid monthly. Returns for each month are due on or before the 15th of the month following the end of the month.
A monthly parking tax return is required to be filed by every person responsible for the collection of parking taxes whether or not any tax is due for that month. Payment of the tax due shall be made with the filed return.
Every person responsible for the collection of parking taxes shall maintain books and/or records to substantiate the monthly tax returns, even if no tax is due.
Pursuant to state law, any person who fails or refuses to file any return required under this article, any person who refuses to permit an officer or agent designated by the City of Hoboken to examine his books, records and papers, and any person who knowingly files an incomplete, false or fraudulent return or attempts to do anything whatsoever to avoid the full disclosure of the tax due under this article or to avoid the payment of the whole or any part thereof is a disorderly person.
The failure of any person to receive or procure the forms required for filing returns required under this article shall not excuse him from filing a return.