[HISTORY: Adopted by the City Council of the City of Camden
as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-9-1987 by Ord. No. MC-2289 as Ch. 386 of the 1987
Code; amended in its entirety 11-24-1982 by Ord. No. MC-1910]
As used in this article, the following terms shall have the
meanings indicated:
Includes any garage, parking lot or yard or any other building,
premises or place for the purpose of storing or parking a motor vehicle
where a storage or parking fee is charged therein.
[Added 4-9-1987 by Ord. No. MC-2289]
It shall be unlawful for any person, as defined in § 485-1, to engage in the activity identified and regulated by this article, without first having obtained a license therefor and paid the fee required for such license, both as provided in Chapter 485, Licenses and Business Regulations. Any person engaging in such activity who shall fail to comply with any provision of this article or of Chapter 485 shall be in violation of the provisions of this article.
[Added 4-9-1987 by Ord. No. MC-2289]
A.Â
Unless otherwise provided in this article, penalties against persons violating the provisions of this article shall be imposed in accordance with the provisions of § 1-15.
[Amended 10-12-2006 by Ord. No. MC-4234]
B.Â
A separate offense shall be deemed committed on each and every day
for each and every violation of this article.
C.Â
A separate offense shall be deemed committed on each day during or
on which a violation or violations occur or continue.
[Adopted 3-11-2014 by Ord. No. MC-4819]
This article shall be known and may be cited as "The City of
Camden Motor Vehicle Parking Surcharge Ordinance."
Pursuant to P.L. 2013, c. 284,[1] there is hereby imposed a surcharge of 7% on fees paid
for the parking, garaging or storing of motor vehicles in the City
of Camden, other than fees paid by a tenant for parking in a lot or
garage which is part of premises occupied solely as a residence.
[1]
Editor's Note: See N.J.S.A. 40:48C-1.4 et seq.
[Amended 11-10-2016 by Ord. No. MC-5008]
All surcharges collected under this section shall be used for
the purpose of demolishing and removing abandoned buildings and structures
in the City of Camden and the costs associated therewith. Any collections
in excess of the amount necessary for this purpose, and the costs
associated therewith, shall be used for infrastructure projects in
the City and not exclusive of equipment materials and/or other works.
All surcharges imposed by this article shall be collected on
behalf of the City of Camden by the person providing the parking services
to the customer.
The Director of Finance ("Director") is hereby designated as
the collector of any and all parking surcharges. The Director may
delegate ministerial collection and enforcement functions to any authorized
third-party agents including, but not limited to, billing, field inspections,
and issue summonses for violations of this article and serve and execute
all process with respect to any such violation. The final decision-making
authority rests with the Director. The Director may promulgate rules
and regulations together with appropriate forms relating to the reporting
and payment of the surcharges imposed including, but not limited to,
regulations which require the following books, reports and records:
A.Â
A separate cash receipt journal itemizing the daily cash receipts
collected shall be maintained as a permanent record by each operator
for each parking garage or lot operation with the City of Camden.
In the event a single operator has multiple locations, a separate
record shall be maintained for each location.
B.Â
The operator of the parking lots and garage operations shall maintain
and secure a machine which will sequentially issue tickets and register
the time and date of the issuance of such tickets or an alternative
mechanized system acceptable to the City of Camden. This mechanized
system shall have the capability to document the parking ticket issued
to ensure that the daily parking ticket cash receipts can be reconciled
with the parking tickets issued.
C.Â
The operator of the parking lots and garage operations whose parking
surcharge in the aggregate for a year exceeds $10,000 shall submit
to the City of Camden an annual certified audit of the financial performance
of the parking lots and garage operations. The certified audit for
each year shall be submitted within 90 days after the end of the calendar
year.
D.Â
Manually operated parking lots. Each vehicle shall have a ticket
placed upon the windshield which shall bear the time that the vehicle
entered the parking lot or garage operation. The departure time must
be indicated on the ticket.
E.Â
Both manually and mechanized parking tickets shall be kept as permanent
daily records and maintained in chronological order by each specific
parking lot location for a period of three years at the principal
place of business of the operator.
No person required to collect any surcharges hereunder shall
advertise or hold out to any person or to the public in general, in
any manner, directly or indirectly, that the surcharge is not considered
as an element in the charge payable by the customer, that he/she will
pay the surcharge, that the surcharge will not be separately charged
and stated to the customer or that the surcharge will be refunded
to the customer.
This article shall apply to all operations involved in parking,
garaging, or storing of motor vehicles regardless of the date of establishment
of such operation. The surcharge authorized herein shall apply to
the above as of April 1, 2014.
If the surcharges imposed herein are not paid when due, interest
at a rate of 12% per annum on the amount of surcharges, and an additional
penalty of 1/2 of 1% of the amount of the unpaid surcharges for each
month or fraction thereof during which the surcharge remains unpaid
shall be added and collected.
In addition to the provision's interest and penalties, and pursuant
to the provisions of N.J.S.A. 40:48C-39, a person is guilty of a disorderly
person offense if he/she fails or neglects to make any report required
by this article or any rules and regulations promulgated and pursuant
thereto; or refuses to permit the Finance Director or his/her designated
agent to examine the books, records and papers of any parking lot
or garage or any person who knowingly makes an incomplete or fraudulent
report or attempts to do anything whatsoever to avoid full disclosure
of the amount due under this article or to avoid payment of the parking
surcharge in whole or any part thereof, shall upon conviction thereof,
be considered a disorderly person and subject to the fines and penalties
provided in Title 2C of the State Criminal Code.
