[HISTORY: Adopted by the City Council of the City of Trenton 4-3-2014 by Ord. No. 14-09. Amendments noted where applicable.]
For the purposes of this chapter, whenever any of the following
words, terms and definitions are used herein, they shall have the
meaning ascribed to them in this section:
Concerned with business activity involving the purchasing,
selling or exchanging of good, products or property.
See "parking lot."
Any vehicle which is self-propelled.
Any person conducting the operation of a parking lot or garage,
as defined by this chapter, or receiving the consideration for parking
or storage of motor vehicles at such parking place.
Any building, structure, premises, enclosure or other place,
whether enclosed or not, except a public way, within the City where
two or more motor vehicles are stored, housed or parked for hire,
charge, fee or other valuable consideration in a condition ready for
use, or where rent or compensation is paid to the owner, manager or
lessee of the premises for housing, storing, sheltering, keeping or
maintaining such motor vehicles; provided, however, that such terms
shall not include residential parking provided for single-family homes
or multiple-family dwelling units wherein an arrangement for such
parking is provided on a rental basis for off-street parking, the
consideration therefor being set forth in the house or apartment lease
or in a separate writing between the landlord and tenant, whether
the parking charge is payable to the landlord or to the operator of
the parking lot or garage.
Any natural person, trustee, court-appointed representative,
syndicate, association, partnership, firm, club, company, corporation,
business trust, institution, agency, government corporation, municipal
corporation, district or other political subdivision, contractor,
supplier, vendor, vendee, operator, user or owner, or any officers,
agents, employees or other representative, acting either for himself/herself
or for any other person in any capacity, or any other entity recognized
by law as the subject of rights and duties.
Open to all; not limited or restricted to any particular
class of the community.
In addition to the license fee in Chapter 184, every public and commercial parking facility shall collect and pay a 7% surcharge on each and every fee for the parking, garaging, or storing of motor vehicles, to the City of Trenton as per § 185-3. The ultimate incidence and liability for payment of such fee is to be borne by the operator of the parking facility.
All proceeds resulting from the imposition of the surcharge
under this chapter, including penalties, shall be paid into the treasury
of the City of Trenton. The surcharge collection shall only be used
by the City of Trenton for the purpose of demolishing and removing
abandoned buildings or structures. If there are any collections in
excess of the amount necessary for this purpose, the remainder would
be used for infrastructure projects in municipalities.
If any public or commercial parking facility engaged in the
business of parking, garaging or storing motor vehicles fails or refuses
to pay the surcharge when required herein, the City Clerk is authorized
to determine the amount of the surcharge due and, by mail, notify
the business of the amount determined. The amount so fixed shall thereupon
become the amount due and shall be immediately payable. For the purposes
of determining the amount of the surcharge due, the City Clerk shall
have access to all the books, records and any and all papers and documents
necessary. It is unlawful for any person to prevent, hinder or interfere
with the City Clerk or his/her duly authorized representatives in
the discharge of their duties in the enforcement of this chapter.
It shall be unlawful for any person to refuse the City Clerk
or his/her duly authorized agents free access thereof at all reasonable
times.
A.
It shall be the duty of the officers and members of the Police Department
of the City to enforce the provisions of this chapter. In addition,
the City's license inspector and parking meter collectors shall
have the duty and authority to enforce the provisions of this chapter.
B.
The City Clerk and his/her duly authorized agents shall have access
to public and commercial parking facilities to inspect the premises
to ensure compliance with this chapter. It is unlawful for any person
to prevent, hinder or interfere with the City Clerk or his/her duly
authorized representatives in the discharge of his/her duties in the
enforcement of this chapter.
C.
The collections and expenditures permitted pursuant to this chapter
shall be included in the annual audit of the municipality required
pursuant to N.J.S.A. 40A:5-4 to ensure surcharges are spent for the
purposes provided under this chapter.
