[HISTORY: Adopted by the Mayor and Council of the Hoboken 2-6-1991 by Ord. No. P-129. Amendments noted where applicable.]
[Amended 6-1-1994 by Ord. No. R-48; 6-20-2012 by Ord. No. Z-188; 3-13-2015 by Ord. No. Z-336; 6-1-2016 by Ord. No. Z-417; 6-19-2019 by Ord. No. B-153; 12-18-2019 by Ord. No. B-210]
The City of Hoboken may, for good cause shown, establish by ordinance restricted parking zones in front of or near residences for persons with disabilities, provided that such parking is not otherwise prohibited and does not interfere with the normal flow of traffic. No restricted accessible parking zones for persons with disabilities will be established for persons who do not transport themselves and who do not possess a valid parking for persons with disabilities identification card and placard, a valid New Jersey driver's license indicating disability status, Hoboken residency, and a valid vehicle registration and vehicle license plates indicating disability status as issued by the State of New Jersey, Division of Motor Vehicles, pursuant to N.J.S.A. 39:4-205 and 39:4-206. However, those persons who do not transport themselves but are parents or legal guardians of children with disabilites residing on a full-time basis within the same household and conforming to Subsection B of this section may be eligible. No restricted accessible parking zones will be established for applicants who have a driveway, carport, garage or off-street space available for their use.
The term "driver with a disability" means any driver who has lost the use of one or more lower limbs as a consequence of paralysis, amputation, or other permanent disability which severely limits ambulation.
There is hereby created a subcommittee of the Transportation and Parking Committee of the Council to be called the "Subcommittee on Parking for Persons with Disabilities."
The Subcommittee shall consist of three members, one of which shall be the Chairman of the Transportation and Parking Committee or his designated agent. The two remaining members shall be citizens and/or employees of the City of Hoboken nominated and appointed by a majority vote of the members of the Transportation and Parking Committee. Any member, other than the Chairman of the Transportation and Parking Committee, who sits as a member of the Subcommittee, or his designee, shall be required to submit a Citizen Service Act application to the City Clerk prior to the date of appointment in order to be considered for said appointment. All appointments to the Subcommittee, except the Chairman of the Transportation and Parking Committee, shall be for a term of four years, or until a successor is appointed and qualified. The initial terms of the members currently in office as of the date of adoption of this subsection shall terminate on December 31, 2016, for the most senior member, and December 31, 2017, for the next most senior member. The Chairman of the Transportation and Parking Committee, or his designee, shall serve only for the term of his Chairmanship on the Committee. Any member may be removed for cause by a majority vote of the members of the Transportation Subcommittee, subject to proper notice and an opportunity to be heard.
It shall be the duty of the Subcommittee on Parking for Persons with Disabilities to review every application for the establishment of a restricted parking zone for compliance or noncompliance with the provisions of this chapter.
Applications for the establishment of restricted parking zones may be obtained and shall be filed, along with any pertinent medical records, with the Hoboken Department of Transportation and Parking. The applicant shall submit an initial processing fee of $130 to the Department of Transportation and Parking made payable at the time said application is filed with the Department of Transportation and Parking. An annual renewal fee thereafter of $5 shall be paid with the submission of each annual renewal application. The members of the Subcommittee on Parking for Persons with Disabilities shall meet monthly to review all submitted applications for compliance with this chapter. The Subcommittee may at its discretion require a personal interview with the applicant and/or a medical examination of the applicant. The examining physician(s) shall be selected by the Subcommittee on Parking for Persons with Disabilities. The cost of examination shall be borne completely by the applicant. The applicant shall bring to the examination any and all medical or other documentation which he or she believes relevant to the applicant's medical condition. Such documentation may include but not be limited to x-ray reports, computerized axial tomography scan reports, cardiograms, hospital and surgical records and attending physicians' reports. If the examining physician does not possess adequate documentation to verify the applicant's eligibility under Subsection B and cannot by examination alone verify such eligibility, the applicant may be rejected.
Applicants who meet all of the requirements of the above subsections shall have their names and addresses submitted to the City Council for the approval of a restricted accessible parking zone in front of or near their residence. The power of such approval is vested solely in the authority of the City Council acting through ordinance. If the City Council so approves, the Office of Street Safety Division of Transportation and Parking shall establish a restricted accessible parking zone in front of or near the residence of the applicant. Only the motor vehicle for which a restricted accessible parking zone has been issued shall be parked in such zone.
Applicants who do not meet all of the requirements of the above sections shall be notified, by mail, of a denial of a restricted accessible parking zone in front of or near their residence. The fee of $125 will not be refunded until 10 days after the final determination of all appeals.
Any party denied a restricted accessible parking zone shall have the opportunity to request reconsideration of such decision. A letter requesting reconsideration must be received by the Subcommittee on Parking for Persons with Disabilities within 20 days of the date of the notice of denial. The applicant will then be instructed to report for a medical examination with a different examination physician, and/or, in appropriate cases, the Committee may hold a hearing to reconsider any relevant evidence pertaining to the applicant's eligibility. As in the initial medical examination, costs shall be borne by the applicant, and it shall be the applicant's responsibility to bring to the examination any and all documentation in support of his or her condition. The applicant will be notified by mail of the decision on reconsideration. No more than one reconsideration will be given each applicant. Thereafter, the applicant may reapply in accordance with Subsections A through F after one year has elapsed from the date of the notice of denial.
As a penalty for any fraudulent applicant, there will be a fine of $500 per applicant. In case a permit is granted under a fraudulent applicant, an additional fine of $50 per day will be imposed on the holder of the fraudulently procured license.
Violations and penalties. Any person violating any of the provisions set forth in this section shall, upon conviction, be subject to a $500 fine for the first offense; $1,000 fine for a second offense; and any permit may be suspended or revoked upon conviction of a third or subsequent offense.
Editor’s Note: Former § 192-2, Existing restricted parking zones, as amended, was repealed 12-18-2019 by Ord. No. B-210.
[Amended 6-1-1994 by Ord. No. R-48; 12-18-2019 by Ord. No. B-210]
The City Council may by regulation establish restricted parking spaces in front of schools, hospitals and other public buildings, in public parking facilities and in shopping and business districts for use by persons who have been issued special vehicle identification cards by the Division of Motor Vehicles pursuant to N.J.S.A. 39:4-205 when using a motor vehicle on which is displayed a certificate for which a special vehicle identification card has been issued.
[Added 5-15-1991 by Ord. No. P-142]
Pursuant to the authority granted to the City of Hoboken by N.J.S.A. 39:4-205, the following locations are hereby designated as Restricted Parking spaces for use by persons who have been issued special vehicle identification cards by the Motor Vehicle Commission. No other person shall be permitted to park in these spaces.
[Amended 11-19-1991 by Ord. No. P-167; 4-1-1992 by Ord. No. P-179; 7-15-1992 by Ord. No. P-186; 11-4-1992 by Ord. No. P-199; 3-15-1993 by Ord. No. P-223; 4-21-1993 by Ord. No. P-225; 5-19-1993 by Ord. No. P-227; 9-21-1994 by Ord. No. R-79; 6-2-2004 by Ord. No. DR-143]
The following locations are hereby approved by the Director of Transportation and Parking, or his or her designee, as general accessible spaces for all persons holding a motor vehicle services placard and/or the persons with disabilities license plates pursuant to N.J.S.A. 39:4-205:
[Added 8-14-1991 by Ord. No. P-150; amended 3-18-2015 by Ord. No. Z-341; 12-18-2019 by Ord. No. B-210]
**Said location shall only be considered a "general persons with a disability" space during the library's normal business hours. At all other times, said space shall not be reserved as a "general persons with a disability space" but shall be utilized as a general parking space under Chapter 190.