[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.]
GENERAL REFERENCES
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.
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
The construction official appointed by the municipality pursuant
to N.J.S.A. 52:27D-119 et seq.
Any of the subcode officials appointed by the municipal pursuant
to N.J.S.A. 52:27D-119 et seq.
A.
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.
B.
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.
C.
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.
D.
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.
B.
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.
C.
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.
