[HISTORY: Adopted by the Township Committee of the Township of Little
Egg Harbor; see Ch. 1, General Provisions, Art. I. Amendments noted where
applicable.]
Pursuant to N.J.S.A. 52:32-11 and N.J.S.A. 52:32-12, this chapter provides
for restricted parking spaces for handicapped persons in all parking facilities
under the jurisdiction of the Township of Little Egg Harbor.
As used in this chapter, the following terms have the following meanings:
A physical impairment which confines a person to a wheelchair, causes
a person to walk with difficulty or insecurity, affects sight or hearing to
the extent that a person functioning in public areas is insecure or exposed
to danger, causes faulty coordination or reduces mobility, flexibility, coordination
and perception to the extent that facilities are needed to provide for the
safety of that person.
Any building, structure, facility, or complex used by the general
public, or to which the general public is invited, including, but not limited
to, theaters, concert halls, auditoriums, museums, schools, libraries, recreation
facilities, public transportation terminals and stations, factories, office
buildings, businesses, shopping centers, hotels or motels and public eating
places, whether privately or publicly owned, except that this term shall not
include private family residences, warehouse storage areas and all buildings
conducting hazardous occupancies that involve highly combustible, highly flammable
or explosive material.
The owners of all public buildings which provide parking spaces adjacent
to or used in conjunction with the public buildings shall, within 90 days
of notice thereof, provide for parking spaces for handicapped persons in accordance
with the guidelines herein set forth and in a location and manner as determined
by the Code Enforcement Officer.
Parking spaces for the physically handicapped shall be constructed in
accordance with the following guidelines:
A.
In all instances where parking lots are provided for
public buildings or facilities as defined herein, designated parking spaces
for handicapped persons shall be required as follows:
|
Total Parking in Lot
|
Required Number of Accessible Spaces
| |
|---|---|---|
|
Up to 50
|
1
| |
|
51 to 200
|
2
| |
|
Over 200
|
1% of the total spaces in lot (to nearest whole number)
|
B.
The location of the physically handicapped spaces shall
be in an area of the parking facility which is most accessible and approximate
to the building or buildings which the facility serves. The determination
of said location shall be made by the Code Enforcement Officer in conjunction
and consultation with the owner. In shopping centers and other multistore
facilities, the handicapped spaces shall be as near to the flagship store
as possible and/or at such other locations as may be agreeable between the
Code Enforcement Officer and the owner.
C.
Each space or group of spaces shall be identified with
a clearly visible sign displaying the international symbol of access, along
with the following words: THESE SPACES RESERVED FOR PHYSICALLY HANDICAPPED
DRIVERS ONLY. SPECIAL VEHICLE IDENTIFICATION REQUIRED. The lines designating
the area shall be painted in fluorescent yellow paint, and the center of the
space shall have painted thereon the capital letter H.
D.
Each space shall be 12 feet wide to allow room for persons
in wheelchairs or on braces or crutches to get in or out of either side of
the automobile on a level, paved surface suitable for wheeling and walking.
E.
Where possible, such spaces shall be located so that
persons in wheelchairs or using braces or crutches are not compelled to wheel
or walk behind parked cars.
F.
Where applicable, curb ramps shall be provided to permit
handicapped people access from the parking area to the sidewalk.
A.
No person shall park a vehicle in a parking space designated
and marked as being set aside for the physically handicapped in any parking
facility unless said vehicle shall have affixed thereto an identification
certificate or marker issued by the New Jersey Director of the Division of
Motor Vehicles, pursuant to N.J.S.A. 39:4-204 et seq. and N.J.S.A. 39:4-197.5.
B.
Parking in a handicapped space without the aforesaid
vehicle identification shall create a rebuttable presumption that use of the
space was not for the physically handicapped.
A.
Restricted parking space violations.
(1)
Any person parking a motor vehicle in a restricted parking
space without a special vehicle identification card shall be liable to a fine
of $250 for the first offense and, for subsequent offenses, a fine of at least
$250 and up to 90 days' community service on such terms and in such form as
the court shall deem appropriate, or any combination thereof, pursuant to
N.J.S.A. 39:4-197(3)(c).
(2)
Any person parked unlawfully in a parking space which
is restricted for use by a handicapped person is subject to removal and storage
of the motor vehicle at the request of an eligible handicapped person to a
law enforcement officer, pursuant to N.J.S.A. 39:4-207.5 et seq. The removal
of a motor vehicle under this subsection is subject to those provisions of
the Township Code regarding removal of motor vehicles, and it shall be the
obligation of the owner of the motor vehicle to pay the reasonable costs for
the removal and for any storage which may result from the removal. The assessment
of removal and storage costs against a person under this subsection shall
be in addition to any other penalty assessed against the person.
B.
Other violations.
(1)
Any person violating, for the first time, any provision other than § 196-5 of this chapter shall be fined $100.
(2)
Any person charged with a second or subsequent offense for violating or failing to comply with any of the provisions of this chapter other than § 196-5 shall, upon commission hereof, be punishable by a fine of not less than $100 nor more than $1,250 or by imprisonment for a term not to exceed 90 days or by community service of not more than 90 days, or any combination of fine, imprisonment and community service as determined by the Municipal Court Judge. The continuation of such violation for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of the violation may be punished as provided above for each separate offense.
(3)
The violation of any provision of this chapter shall
be subject to abatement summarily by a restraining order or injunction issued
by a court of competent jurisdiction.
