[Adopted 6-12-2013 by Ord. No. 2013-06]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The purpose of this article is to supplement Chapter 170 as provided by state law so as to permit persons with a disability to safely and efficiently access their home and/or business from municipal streets.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
In accordance with N.J.S.A. 40:48-2.46 and 39:4-197.6, handicapped
parking zones are hereby established within the Borough of Kenilworth.
A "handicapped parking zone" means an area of a public roadway designated
for use by a particular person with a disability as provided for therein
and which is so marked by proper signage and roadway markings. The
term "person with a disability" is defined as set forth in N.J.S.A.
39:4-204.
B.
No person shall park a vehicle in any designated parking stalls in
locations which have been established as restricted parking zones
as referred to in the schedule maintained in the office of the Borough
Clerk and in the schedule of handicapped spaces within the general
ordinances of the Borough,[1] unless such person is a person with a disability who has
applied for the establishment of the handicapped parking zone in accordance
with N.J.S.A. 39:4-197.6 and pursuant to this section. Any vehicle
parked in a parking zone which does not display the permit for the
use of that particular handicapped parking zone pursuant to N.J.S.A.
39:4-197.7 is presumed to have been parked in such a stall unlawfully
and subject to the fines and penalties set forth in Title 39 of the
New Jersey Statutes.
C.
Handicapped parking zones may be established in front of or as may safely be placed near the residences occupied by disabled drivers, provided that such parking is not otherwise prohibited and does not interfere with the normal flow of traffic. No handicapped parking zone will be established for persons who do not possess a valid "person with a disability" identification card and placard or handicapped plates, and/or a valid vehicle registration with the vehicle registered in their name or that of a spouse who resides at the same location. However, those persons who are parents or legal guardians of developmentally disabled children residing on a full-time basis within the same household and conforming to Subsection A herein may be eligible. No restricted parking zone will be established for applicants who have a driveway, carport, garage or other off-street parking space within 100 feet of their residence which is available for their use.
A.
In accordance with N.J.S.A. 39:4-197.5 and 39:4-205, parking spaces
for persons with a disability are established. A "handicapped parking
space" means an area of a public roadway or public parking lot designated
for use by any person with a disability as provided for and which
is so marked by proper signage and roadway markings. The term "person
with a disability" is defined as set forth in N.J.S.A. 39:4-204.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
No person shall park a vehicle in any of the designated parking stalls
for parking for use by persons with a disability in locations referred
to in the ordinances of the Borough,[1] unless such person is a person with a disability. Any
vehicle parked in a parking stall reserved for disabled drivers pursuant
to this article which does not display the official state license
plate, or special identification sticker or placard from the New Jersey
Motor Vehicle Commission, is presumed to have parked in such a stall
unlawfully and subject to the fines and penalties set forth in Title
39 of the New Jersey Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Applications for the establishment of handicapped parking zones and
handicapped parking spaces may be obtained from the Borough Clerk's
office and shall be filed, along with the appropriate documentation,
with the Borough's Police Department, with a copy provided to the
Municipal Clerk. The applicant shall submit an initial processing
fee of $175 for a handicapped parking space to the Borough Clerk,
made payable to the Borough, at the time the application is filed.
An annual renewal fee thereafter of $100 shall be paid with the submission
of each annual renewal application. The Traffic Officer shall, within
10 business days after receipt of an application, review it and shall
investigate each application for compliance with this article. After
the Traffic Officer has determined compliance and the validity of
the need, the application is to be submitted so that an amendment
to the Municipal Code for the reserved parking space may be drafted.
The Traffic Officer may, at his or her discretion, require a personal
interview with the applicant at his or her residence. The applicant
shall present at the interview any and all documentation which he
or she believes relevant to the applicant's request. If the applicant
does not possess adequate documentation to verify his or her eligibility
under this article, the application may be denied.
D.
Any individual that may be designated as indigent by the Borough's Welfare Director or with liquid assets of less than $3,000 and the prior calendar year's gross income equal to or less than $12,000 shall be eligible to have the fees specified in Subsection C waived upon request. The waiver of the fees shall remain in effect for two calendar years from the date so determined.
E.
The power to grant a handicapped parking space is vested solely in
the authority of the Borough Council acting through ordinance after
a recommendation from the Traffic Officer. If the Borough Council
so approves, the Police Department shall establish a restricted parking
space in front of or near the residence of the applicant and shall
issue a permit in compliance with N.J.S.A. 39:4-197.7. In the case
of an application for a handicapped parking space, the Borough Council
shall establish a handicapped parking space pursuant to N.J.S.A. 39:4-197.5.
Only the motor vehicle for which a valid permit has been issued shall
be parked in such zone, and only when the permit is properly displayed.
Only one permit is issued to the applicant per household.
F.
Applicants who do not meet all of the requirements of the above are to be notified of the denial of their application by mail. The application fee will not be refunded until 10 days after final determination of all appeals, should such appeal be taken as set forth in Subsection H below.
G.
All handicapped parking spaces are valid for the same period that
the handicapped placard is valid.
H.
Any party denied a handicapped parking space has the opportunity
to request reconsideration of such decision. A letter requesting reconsideration
must be received by the Traffic Officer and the Borough Clerk within
20 days of the date that notice of denial is received. The applicant
will then be instructed as to when the Borough Council will hold a
hearing at a regularly scheduled work session to consider any relevant
evidence pertaining to the applicant's eligibility. It is the applicant's
responsibility to set forth any and all reasons and documentation
in support of his or her application. The applicant will be notified
by mail of the decision on reconsideration. No more than one application
for reconsideration to the Public Safety Committee will be given to
each applicant in any calendar-year period. Thereafter, the applicant
may reapply in accordance with this subsection after six months have
elapsed from the date of the notice of denial. A twenty-day grace
period will be afforded each applicant after the date of lapse.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
I.
There will be a fine of $700 penalty per application for any fraudulent
application that is submitted. In the case where a permit is granted
under a fraudulent application, an additional fine of $50 per day
will be imposed on the holder of the fraudulently procured or renewed
permit, with a maximum penalty of $2,000. The penalties within this
subsection may be waived if the Borough elects to prosecute the applicant
for a violation under the applicable portions of Title 2C of the New
Jersey State Statutes.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
J.
In the event that the applicant states that due to financial hardship
he or she is unable to submit the required application fees under
this section, then in that event the applicant for the handicapped
parking may briefly explain the circumstances of the applicant's financial
hardship and request to the Council that the application fee or renewal
fee be waived. Any applicant receiving Medicaid or participating in
the State of New Jersey Pharmaceutical Assistance to the Aged and
Disabled (PAAD) program shall have his or her fee waived without further
explanation.
K.
All signage and the installation of the same pursuant to this article
shall conform to the specifications as prescribed by the New Jersey
Department of Transportation and the National Manual on Uniform Traffic
Control Devices.
A.
All locations listed in schedules as of the effective date of the
ordinance codified in this article are designated as handicapped parking
spaces.
B.
All persons with existing handicapped parking spaces shall be sent
a letter by the Traffic Officer, by certified and regular mail, to
inform them of the new ordinance and that they shall have 60 days
from the date of adoption of the ordinance codified in this article
to file an application for continued status of an existing handicapped
parking space or to convert this space to a handicapped parking zone
with the Borough Clerk. Failure of an existing holder of a handicapped
parking space to file an application for continued status or conversion
with the Borough within 60 days of the date of adoption and publication
of the ordinance codified in this article results in automatic revocation
of his or her existing handicapped parking space. After application
for continued status or conversion is submitted as set forth above,
and should the application be granted, the renewal thereof is on an
annual calendar-year basis as set forth above.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
The designated location on a Borough street for a person with
a disability shall not be exempt from the requirement that the vehicle
be removed from the Borough's thoroughfares for snow plowing.[1]
Each section, subsection, sentence, clause and phrase of this
article is declared to be an independent section, subsection, sentence,
clause and phrase, and the finding or holding of any such portion
of this article to be unconstitutional, void, or ineffective for any
cause or reason shall not affect any other portion of this article.
All Borough ordinances and parts of ordinances that are inconsistent
with this article are hereby repealed.
This article shall be effective after its adoption and its publication
as required by law.
