[HISTORY: Adopted by the Township Council
of the Township of Evesham as indicated in article histories. Amendments
noted where applicable.]
[Adopted 12-1-1981 by Ord. No. 36-11-81]
The purpose of this article is to establish
certain areas, that are private property that is open to the public
or into which the public is invited, that shall prohibit parking in
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.
This article is enacted in accordance with N.J.S.A.
40:48-2. 46, which does confer upon the Township of Evesham the right
to establish handicapped parking spaces in order to preserve and safeguard
the public health, safety and welfare.
[Amended 9-7-1993 by Ord. No. 47-9-93]
The areas listed on the attached Schedule A[1] shall contain spaces 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, which spaces shall be so marked
by signs indicating handicapped parking spaces. The markings will
conform with the Manual on Uniform Traffic Control Devices for Streets
and Highways, adopted March 20, 1973, and filed with the New Jersey
State Department on March 21, 1973, and the penalty notification sign
as required by the New Jersey Division of Motor Vehicles. Each such
space shall be a minimum of 12 feet wide.
[1]
Editor's Note: Schedule A is included at the
end of this article.
[Amended 12-18-1990 by Ord. No. 51-12-90; 11-12-2003 by Ord. No. 25-11-2003]
For violation of any provision of this article,
the penalty shall be a fine of $250.
[Adopted 10-5-1999 by Ord. No. 35-10-99]
The purpose of this article is establish a restricted
parking zone, by ordinance, in front of a residence occupied by a
handicapped person, which person has been issued a windshield placard
or wheelchair symbol license plates for the vehicle owned by the handicapped
person.
This article is enacted in accordance with N.J.S.A.
39:4-197.6 which does confer upon the Township a right to establish
resident handicapped on-street parking in order to preserve and safeguard
the public health, safety and welfare.
A.
The person requesting on-street resident handicapped
parking is a resident of Evesham Township who shall make application
to the Evesham Township Police Department. The application shall be
reviewed, and approved or denied, by the Chief of Police of Evesham
Township. A negative determination may be appealed to the Township
Council if a request from the resident aggrieved is received within
20 days from the date of the Chief's declination.
B.
The person requesting on-street resident handicapped
parking has been issued a wheelchair symbol license plate or windshield
placard issued by the New Jersey Division of Motor Vehicles which
is properly displayed in either the handicapped resident's vehicle
or the vehicle of an immediate family member who also resides at that
location.
C.
The subject property passes an on-site inspection
by the Evesham Township Police Department, which inspection shall
determine whether handicapped parking will interfere with the normal
flow of traffic or whether there is immediate adjacent off-street
parking available to the applicant.
D.
The applicant complies with the provisions of N.J.S.A.
39:4-138o and 39:4-197.6 regulating handicapped parking in designated
spaces.
E.
Upon approval of an applicant's request for resident
handicapped on-street parking, the Township will enact an appropriate
ordinance designating the name of the subject street, the side of
that street where the resident resides and a description of the allowed
parking area in front of the subject residence. Such designation shall
be within the property lines of the subject residence but otherwise
shall be subject to the discretion of the Police Department and the
Chief of Police.
Any person improperly parking in a properly
designated resident handicapped restricted parking space shall be
subject to the penalties under N.J.S.A. 39:4-203 and 39:4-207.7.
