[HISTORY: Adopted by the Township Committee (now Township Council) of the Township of East Hanover 3-19-1981 as Ord. No. 5-81; amended in its entirety 7-13-1995 by Ord. No. 21-1995. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 55.
The purpose of this chapter is to provide for the enforcement of restrictive parking for use by handicapped persons throughout the Township of East Hanover and prohibiting parking and other obstructions in areas designated as handicapped parking spaces in order to preserve and keep accessible such parking spaces for use by persons who have been issued special identification cards by the Division of Motor Vehicles in order that no other persons shall be permitted to park in such parking spaces.
This chapter is enacted in accordance with N.J.S.A. 40:48-2.46, which confers upon the Township East Hanover the right to establish handicapped parking spaces in order to preserve and safeguard the public health, safety, morals and welfare. Therefore, pursuant to the authority contained in N.J.S.A. 40:48-2.46, parking spaces restricted for use by persons with physical handicaps pursuant to N.J.S.A. 39:4-204, who have been issued special vehicle identification license plates or windshield stickers by the New Jersey Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205 and 4-206, when operating or using a motor vehicle on which is displayed such license plate or windshield stickers, shall be provided at places of public accommodation in accordance with the requirements and limitations of the Barrier Free Design Regulations of N.J.A.C. 17:19A-1.1 et seq. and N.J.S.A. 52:32-1 et seq. and any amendments thereto.
As used in this chapter, the following terms shall have the meanings indicated:
- An environment that will permit a handicapped person to operate independently with comparative ease under normal circumstances and with little or no other assistance.
- An individual or any corporation, companies, societies, firms, partnerships, organizations and any other group or entity acting as a unit.
- RESPONSIBLE PARTY
- Any person, including but not limited to a contractor, the owner, operator and/or tenant of premises having parking spaces reserved for handicapped persons, as well as any employee, agent and/or other person acting on
- MUNICIPAL CONSTRUCTION OFFICIAL
- The construction official appointed by the municipality pursuant to N.J.S.A. 52:27D-119 et seq.
- MUNICIPAL SUBCODE OFFICIAL
- Any of the subcode officials appointed by the municipal pursuant to N.J.S.A. 52:27D-119 et seq.
Parking spaces for the handicapped shall be located as close as possible to elevators, ramps, walkways and the accessible entrance they serve. They shall be no more than 200 feet from an accessible entrance. They shall be as level as possible with surface slopes not exceeding 1:48 (1/4 inch per foot) in any direction.
Each parking space shall be marked with an R7-8 sign from the Manual of Uniform Traffic Control Devices displaying the international symbol of accessibility. Beneath the R7-8 sign, each parking space shall also be marked with an R7-8P sign, as required by N.J.S.A. 39:4-198 and 39:4-197.3c, and any amendments thereto, containing the penalty provisions of the statute and this chapter. The bottom edge of the R7-8 sign shall be mounted approximately 60 inches above the parking lot surface.
At least one parking space designated for the handicapped shall be provided in all parking lots with up to 50 spaces. Where there are 51 to 200 spaces, two parking spaces must be designated for the handicapped. When there are over 200 spaces, two parking spaces plus 1% of the number of spaces over 200, rounded to the next higher whole number, must be designated for the handicapped. The spaces shall be at least 12 feet wide or as may be permitted by N.J.A.C. 5:23-7.13 and any amendments thereto.
At least 10% of accessible parking spaces or at least one, whichever is greater, shall be van-accessible with a minimum vertical clearance of eight feet six inches. These spaces should not be less than eight feet wide with an adjacent access aisle at least five feet wide.
No person or responsible party shall obstruct or otherwise interfere with or permit the obstruction or interference with the appropriate use of those parking areas reserved for the handicapped. This includes but is not limited to the parking of a motor vehicle which does not comply with the provisions of §§ 110-1 and 110-2 of this chapter, the placing, maintaining or allowance of any blockage, barriers or physical obstructions in said areas or the placing of or failure to remove ice or snow or any other obstructions in these areas thus interfering with their designated use and/or accessibility.
The terms and provisions of § 110-4 of this chapter, shall be enforced by the Township Construction Official or Township subcode official. The terms and provisions of § 110-5 of this chapter shall be enforced by the Township of East Hanover Police Department which shall issue summonses to enforce same.
In addition, the violator shall bear the full cost of towing, removing and/or storing or disposing of the violator's vehicle, or in the event that snow, ice or other obstruction is not removed within a reasonable period of time, under the circumstances, but in no event longer than 12 hours from the time of the occurrence of the obstruction, the Township shall have the right to remove said obstruction and bill the violator and/or other responsible party/parties for the cost of the same. The responsible party/parties shall also be subject to the fines set forth in this chapter.
Each and every twenty-four-hour period that a violation of this chapter continues shall be considered a separate and distinct offense.
All ordinances or parts of ordinance inconsistent herewith are hereby repealed to the extent of such inconsistency.