[HISTORY: Adopted by the Township Committee
of the Township of Hamilton 6-16-2014 by Ord. No. 1772-2014[1], amended in its entirety 4-4-2016 by Ord. No. 1818-2016. Subsequent amendments
noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 301.
[1]
Editor's Note: This ordinance also repealed former Ch. 186,
Handicapped Parking, which comprised Art. I, Private Property Open
to Public, adopted 3-21-1983 by Ord. No. 842-83, as amended, and Art.
II, Restricted Parking Zones, adopted 6-3-1991 by Ord. No. 1078-91.
A.
The purpose
of this chapter is to establish certain areas that are private property,
that are open to the public or in which the public is invited that
shall prohibit parking in these areas designated as "handicapped parking
spaces" for use by persons who have been issued special identification
cards by the Division of Motor Vehicles. No other person shall be
permitted to park in these spaces.
B.
The purpose
of this ordinance[1] is to supplement the existing Chapter 186 encaptioned "Handicapped Parking" to provide for a parking space for Wounded Warriors, as provided herein. Nothing in this ordinance is intended to revoke or alter the provisions of the existing Chapter 186. The sole and only purpose of this ordinance is to create one parking place for 'Wounded Warriors," as that term is defined hereinafter.
[1]
Editor's Note: "This ordinance" refers to Ord. No. 1818-2016,
adopted 4-4-2016.
This chapter is enacted in accordance with N.J.S.A. 40:48-2.46,
which does confer upon the Township of Hamilton the right to establish
handicapped parking spaces in order to preserve and safeguard the
public health, safety, morals and welfare.
As used in this chapter, the following terms shall have the
meanings indicated:
Shall be synonymous with that term as utilized in N.J.S.A.
39:4-204.
Those men and/or women who served as veterans of any of the
military branches of the United States of America and said service
members who incurred a physical and/or mental injury, illness or wound
coincident to their military service.
A.
The Township
of Hamilton herewith authorizes the establishment of restricted parking
spaces for use by handicapped persons in any space on public or private
property appropriately marked for vehicles for the physically handicapped
pursuant to P.L. 1977, c. 202 (N.J.S.A. 39:4-197.5), P.L. 1975, c.
217 (N.J.S.A. 52:27D-119 et seq.), and for any other applicable law
relating to parking for the physically handicapped.
B.
The Township of Hamilton herewith authorizes the establishment of
a restricted parking space for the use by Wounded Warriors. That space
is located on Block 786, Lot 1.01 of the Official Tax Map for the
Township of Hamilton. Annexed hereto and made a part hereof as Exhibit
A[1] is a portion of the site plan for Block 786, Lot 1.01
designating the location of the Wounded Warrior parking space.
[1]
Editor's Note: Exhibit "A" is included as an attachment to this chapter.
Vehicular parking shall be prohibited to the extent that such
spaces are appropriately designated and marked according to law, unless
the vehicle is authorized by law to be parked therein and a handicapped
person is either the driver or a passenger in that vehicle.
For violation of any provision of this chapter the fine shall
be $250 for the first offense and shall be $250 plus a maximum of
90 days of community service for all subsequent offenses pursuant
to Chapter 161, Public Laws of 2003.
Should any portion of this chapter be declared unconstitutional
or impermissible by a court of competent jurisdiction, said declaration
shall not affect the remaining portions of this chapter which shall
continue in full force and effect.
This chapter shall take effect upon its final passage and publication,
as provided by law.
