The provisions of this article imposing a time
limit on parking shall not relieve any person of the duty to observe
other and more restrictive provisions prohibiting or limiting the
stopping, standing or parking of vehicles as set forth in N.J.S.A.
39:4-138 or any other New Jersey statute or as hereinafter provided.
No person shall park a vehicle at any time upon
any of the streets or parts thereof described in Schedule I attached
to and made a part of this chapter.[1]
[Added 4-27-1982 by Ord. No. 791]
The locations described in Schedule IA hereof
are hereby designated as fire zones, and no vehicle shall be permitted
to stop, stand or park therein at any time.[1]
No person shall park a vehicle between the hours
specified in Schedule II of any day (except Sundays and public holidays)
upon any of the streets or parts of streets described in said Schedule
II attached to and made a part of this chapter.[1]
[Added 8-21-2002 by Ord. No. 11-2002]
A.
Parking prohibited during certain hours. No person
shall park a vehicle between 3:00 a.m. and 6:00 a.m. in any municipal
parking lot:
[Amended 3-10-2022 by Ord. No. 03-2022]
(1)
In the Railroad Avenue Municipal Parking Lot except with an overnight parking permit issued by the Atlantic Highlands Police Department. Parking with this permit shall be limited to areas designated by the Department. A permit may only be issued to residents, or their guests, or for other temporary uses approved by the Department. The Department shall establish rules and procedures for the issuance, renewal and control of permits and permit parking. An administrative fee as provided in Chapter 168, Article II, per year shall be charged; there shall be no charge for handicapped or temporary permits. Overnight parking permits are nontransferable. Permits must be prominently displayed at all times. Permit holders may park their vehicle in either the Railroad Avenue Municipal Parking Lot or Holly Tree Municipal Parking Lots.
[Amended 2-23-2011 by Ord. No. 03-2011]
(2)
On Railroad Avenue.
(3)
On W. Mount Avenue.
(4)
In the Holly Tree Municipal Parking Lot except with a permit issued by the Atlantic Highlands Police Department. Parking with this permit shall be limited to areas designated by the Department. A permit may only be issued to residents, or their guests or for other temporary uses approved by the Department. The Department shall establish rules and procedures for the issuance, renewal and control of permits and permit parking. An administrative fee as provided in Chapter 168, Article II, per year shall be charged; there shall be no charge for handicapped or temporary permits. Overnight parking permits are nontransferable. Permits must be prominently displayed at all times. Permit holders may park their vehicle in either the Railroad Avenue Municipal Parking Lot or Holly Tree Municipal Parking Lots.
B.
Limited length of time parking. No person shall park
a vehicle for longer than the permitted time, between the hours of
8:00 a.m. and 6:00 p.m., on any day, in the following areas:
[Amended 7-27-2016 by Ord. No. 08-2016; 9-14-2023 by Ord. No. 12-2023]
(1)
Along the east side of First Avenue; time limit: 10 minutes.
(a)
The first parking space north of the no-parking area in front
of the movie theater, beginning about 215 feet north of the north
curbline of E. Mount Avenue.
(b)
The first parking space south of the no-parking area across
from Center Avenue, beginning about 475 feet north of the north curbline
of E. Mount Avenue.
(c)
From the northeast corner of First Avenue and East Mount Avenue,
55 feet to the north end of the first parking space on First Avenue.
(2)
Along the west side of First Avenue; time limit: 10 minutes.
(a)
The first parking space south of Center Avenue, beginning about
35 feet south of the south curbline of Center Avenue.
(b)
The last parking space north of W. Mount Avenue, ending about
35 feet north of the north curbline of W. Mount Avenue.
(c)
One parking space south of the no-parking zone created by the
garage and driveway, beginning about 105 feet south of the south curbline
of W. Washington Avenue.
(d)
The first parking space north of West Washington Avenue, beginning
about 35 feet north of the north curbline of West Washington Avenue.
[Added 9-14-2023 by Ord. No. 12-2023]
(4)
Along the east side of Railroad Avenue; time limit: 15 minutes.
(a)
Beginning at a point 35 feet north of the north curbline of
W. Mount Avenue, to a point 84 feet further north.
(5)
Along the north side of W. Mount Avenue; time limit: 15 minutes.
(a)
Beginning at a point 30 feet west of the west curbline of Railroad
Avenue, to a point 62 feet further west.
(6)
Along the north side of Bay Avenue; time limit: two hours.
(a)
Beginning at a point 40 feet west of the west curbline of First
Avenue, to West Avenue.
(7)
Along West Avenue Extension; time limit: two hours (anytime;
no overnight parking).
[Added 9-27-2017 by Ord.
No. 09-2017]
(a)
The 30 parking spaces, angled and parallel to the west of the
West Avenue Extension from Bay Avenue up to 261 feet north from the
northern curbline of Bay Avenue.[1]
[1]
Editor's Note: Former Subsection B(7)(b), regarding Hennessey
Boulevard, which immediately followed, was repealed 3-10-2022 by Ord.
No. 03-2022.
(8)
Holly Tree Lot; time limit: six hours, except if an overnight parking permit is issued by the Atlantic Highlands Police Department in accordance with § 139-2-3.1A(4) of the Borough Code.
[Added 3-10-2022 by Ord. No. 03-2022]
C.
Parking permitted. Parking will be permitted at all
times:
(1)
Along the west side of Avenue A, between Bay
Avenue and Harborview Drive.
D.
Loading zone. No person shall park a vehicle except
for the loading or unloading of goods and materials:
(1)
Along the east side of Railroad Avenue, beginning
at a point 120 feet north of the north curbline of W. Mount Avenue,
to a point 130 feet further north.
E.
Penalties. Unless another penalty is expressly provided by New Jersey
statute or municipal ordinance, any person convicted of a violation
of any parking regulation of the Borough shall be liable for a penalty
of not less than $25 nor more than $50; court appearance may be required
for repeated violators; and any person or vehicle owner with three
or more violations within a twelve-month period shall be required
to appear in court and be liable for a penalty of up to $100 or 10
days of community service, or both.
[Amended 7-27-2016 by Ord. No. 08-2016]
F.
Parking
reserved for employees of the Borough of Atlantic Highlands.
[Added 5-26-2010 by Ord.
No. 12-2010]
(1)
The following are designated as employee-only parking areas for the
time periods indicated:
(a)
Block 99, Lot 14, located on East Highland Avenue, between the hours
of 8:00 a.m. and 4:30 p.m., Monday through Friday.
(2)
Violators of this subsection will be subject to towing and a fine
not to exceed $100.
No person shall stop or stand a vehicle between
the hours specified in Schedule III of any day (except Sundays and
public holidays) upon any of the streets or parts of streets described
in said Schedule III attached to and made a part of this chapter.[1]
[Added 3-10-1987 by Ord. No. 892]
No person or operator of a vehicle shall stand
or park a vehicle for a period of time longer than is necessary for
the loading or unloading of passengers or materials than is hereinafter
provided. The loading and unloading of passengers or materials shall
not consume more than three minutes between the hours specified in
Schedule IIIA of any day upon any of the streets described in said
Schedule IIIA attached to and made a part of this chapter.[1]
[Amended 9-21-1994 by Ord. No. 55A-94]
No person shall park a vehicle for longer than
the time limit shown in Schedule IV at any time between the hours
listed in said Schedule IV of any day (except Sundays and public holidays)
upon any of the streets or parts of streets described in Schedule
IV attached to and made a part of this chapter.[1] The provision of this § 2-5, as to the excepting
of Sundays and public holidays, shall not be applicable to the areas
of Simon Lake Drive set forth in Schedule IV.
[Added 2-13-1979 by Ord.
No. 740; amended 11-27-1979 by Ord. No. 759; 5-13-1980 by Ord. No. 765; 4-10-2019 by Ord. No. 04-2019]
The parking of trucks, tractors, trailers (open or closed),
school busses or recreational vehicles is prohibited between the hours
of 2:30 a.m. and 6:00 a.m. on any street or parts of streets in the
Borough of Atlantic Highlands. This section shall not apply to panel
trucks, pickup trucks and small open trucks having a gross vehicle
weight less than 4 1/2 tons.
[Added 2-12-1985 by Ord. No. 845]
No person shall park a vehicle in any parking
space in Schedule XIV attached to and made a part of this chapter[1] unless said driver shall have special vehicle identification
issued by the Director of the Division of Motor Vehicles of the State
of New Jersey authorizing said driver to park in a parking space reserved
for a physically handicapped person.
[Added 8-10-2023 by Ord. No. 10-2023]
A.
Procedure. An application for a reserved handicapped parking space
on a public street shall be submitted to the Chief of Police of the
Borough of Atlantic Highlands or his or her designee. The Chief of
Police shall review the application and conduct the necessary investigation
to determine eligibility for a reserved handicapped parking space
consistent with the requirements of this section. Upon the conclusion
of said investigation, the Chief of Police shall forward the application
to the Borough Clerk along with a report summarizing his or her findings
and recommendation either approving or denying the application.
B.
Eligibility requirements.
(1)
Any person who is a resident of the Borough of Atlantic Highlands
may submit an application for a reserved handicapped parking space
on a public street. An application may be submitted by the handicapped
person or by a household member who provides transportation for the
handicapped person.
(2)
In all cases, the applicant shall be required to provide the
following to the Police Department:
C.
Availability of off-street parking; denial of application.
(1)
No application for a reserved handicapped parking space on a
public street shall be approved if it is determined that the handicapped
person has access to suitable off-street parking to meet his or her
needs.
(2)
The availability of a private parking area or hard-surfaced
driveway that meets the maximum slope standards for handicapped access
as specified by the Council of American Building Officials/ANSI Standard
A117.1 (1:12 max. pitch) shall be grounds for the denial of the application.
The Chief of Police may request a report from the Construction Official
to assist in this determination.
(3)
The Chief of Police may require a handicapped person who resides
as a tenant at either a private residence or rental property to submit
a notarized certificate from the owner of the property stating that
the person does not have access or privilege to off-street parking
at said private residence or rental property.
D.
Additional criterion.
(1)
No application for a reserved handicapped parking space on a
public street shall be approved if it is determined that the applicant
has falsified any information in connection with the need for a reserved
handicapped parking space.
(2)
No application for a reserved handicapped parking space on a
public street shall be approved if there is reason to believe that
the approval of the application will result in a conflict with any
provision of Title 39 of the Laws of New Jersey or any Borough ordinance.
(3)
The application may be denied for other good cause as determined
by the Chief of Police, including, but not limited to, the following:
(a)
If the approval of the application would create a traffic hazard
or otherwise disrupt the safe and free movement of vehicular and/or
pedestrian traffic in the area where the reserved handicapped parking
space would be established.
(b)
If the approval of the application would result in an unreasonable
hardship or inconvenience at or near any public place, including,
but not limited to, schools, houses of worship, playgrounds and other
recreational facilities, bus stops, and other locations with limited
public parking.
E.
Application fee.
(1)
All applications for reserved handicapped parking spaces shall
be accompanied by an application fee of $100. The application fee
shall be refunded in full in the event the application is denied,
except if the application is denied as a result of the deliberate
falsification of a material fact by the applicant or his or her agent.
(2)
The Chief of Police shall waive the application fee for veterans
of the United States military service whose disability is the result
of, or related to, any injury or illness sustained by the applicant
in connection with his or her military service.
(3)
The Chief of Police shall be authorized to waive the application
fee for any applicant who demonstrates financial hardship. The Chief
of Police may require the applicant to submit proof of financial hardship
to assist in this determination.
F.
Use of reserved handicapped parking space.
(1)
All reserved handicapped parking spaces approved pursuant to
this section shall be for the exclusive use and benefit of the handicapped
person. The use of the parking space by members of the handicapped
person's household for any other purpose shall be cause for the
revocation of the reserved handicapped parking space. The temporary
use of the space by an ambulance, livery or other licensed transportation
service shall be permitted only for the purpose of transporting the
handicapped person to or from his or her residence. Any other use
of the reserved handicapped parking space is prohibited.
(2)
The Chief of Police shall establish and maintain a system to
identify the handicapped person's vehicle(s) and any vehicles
owned by a member of the applicant's household that will be used
to transport the handicapped person. In addition, any vehicle using
the reserved handicapped parking space shall display valid New Jersey
handicapped license plates or a valid New Jersey handicapped placard.
(3)
Upon approval of the application, the appropriate signs shall
be erected by the Borough at the location where the reserved handicapped
parking space is established, which shall give public notice that
the reserved handicapped parking space is for the exclusive use of
the handicapped person.
(4)
The applicant shall be required to comply with all procedures
and regulations established by the Chief of Police for the enforcement
of this section. The applicant shall promptly notify the Chief of
Police of any change in the handicapped person's physical condition
that would cause him or her to no longer need the reserved handicapped
parking space.
G.
The applicant for a reserved handicapped parking space shall immediately
inform the Chief of Police if the automobile(s) used for transportation
of the handicapped person is sold or traded, and advise the Police
Department of the registration number and license plates of any new
vehicles used to transport the handicapped person.
H.
Violations and penalties; enforcement.
(1)
Except as otherwise specified in this section, any person who
unlawfully parks a vehicle in a reserved handicapped parking space
shall be subject to a fine of no less than $250 for a first offense
and no less than $500 for a second and subsequent offenses. In addition,
the Police Department may remove, at the owner's expense, any
vehicle unlawfully parked in a reserved handicapped parking space.
(2)
This section shall be enforced by members of the Police Department.
I.
Revocation of reserved handicapped parking space.
(1)
The Chief of Police may initiate the revocation of a reserved
handicapped parking space at any time, for any of the following reasons:
(a)
If it is determined that the handicapped person no longer resides
at the address recorded in the application.
(b)
If it is determined that the handicapped person no longer meets
the requirements of this section.
(c)
If it is determined that the handicapped person or any member
of the handicapped person's household has used the parking space
for a purpose inconsistent with the requirements of this section,
or otherwise misused the reserved handicapped parking space.
(d)
For other good cause.
[Added 7-28-2004 by Ord. No. 12-2004]
A.
During state of emergencies. Upon the declaration
of an emergency, there shall be no parking upon Borough streets, parking
lots or sections of such lots, where weather conditions, accidents,
road construction, medical, fire or other emergency conditions dictate
or require the free flow of traffic or pedestrians. The Chief of Police
or, in his absence the ranking Police Officer, is authorized to declare
an emergency and effectuate such temporary parking prohibitions and
to direct the posting of EMERGENCY NO PARKING signs in or near the
area so designated. When in his/her judgment weather conditions, accidents,
road construction, medical, fire or other emergency conditions require
the removal of vehicles or obstacles which interfere with the free
flow of traffic or pedestrians, the Police Department will make a
reasonable effort to notify the owner, of any vehicle or obstacle,
which has been parked prior to the declaration and designation of
the No Parking area, and afford them a reasonable time, depending
on the circumstances, to move the vehicle or obstacle before a summons
may be issued and/or the vehicle removed.
B.
During special events. There shall be no parking upon
Borough streets, parking lots or sections of such lots where EMERGENCY
NO PARKING signs are posted and displayed. The Chief of Police, governing
body or the Borough Administrator is authorized to effectuate such
temporary parking prohibitions and to direct the posting of EMERGENCY
NO PARKING signs when, in their judgment, road construction, public
celebrations or special public events dictate or require the removal
of vehicles or obstacles which interfere with the free flow of traffic
or pedestrians in or near the area so designated. Such notice shall
be posted at least 72 hours in advance. Upon posting of EMERGENCY
NO PARKING signs, the Police Department will make a reasonable effort
to notify the owner of any vehicle or obstacle which has been parked
prior to the posting of the signs and will afford them a reasonable
time, depending on the circumstances, to move the vehicle before a
summons may be issued and/or the vehicle removed.
[Added 12-21-2016 by Ord.
No. 10-2016; amended 12-17-2020 by Ord. No. 08-2020]
A.
Rules and regulations.
(1)
There is hereby established resident permit parking on certain
streets or portions of streets as identified in § 2-9F.
Parking of vehicles on the streets or portions of the streets identified
as so restricted shall be limited to vehicles having been issued a
resident parking permit or guest permit for parking on that street
and displaying that permit as required herein, or vehicles exempt
from such permit requirement as specified herein.
(2)
A resident parking permit in a form as established by the Borough
shall be issued upon application to a resident of the restricted street,
or restricted portion of the street, who owns or leases a motor vehicle
registered to a residential unit located in a solely residential structure
which is situated on a lot located on or which abuts a restricted
street or restricted portion of a street (hereinafter referred to
as a "permitted residential unit"). Application for a resident parking
permit for a particular restricted street identified in § 2-9F
must be made on a form provided by the Borough. Proof of residency
and registration of the vehicle at a permitted residential unit must
be presented by a copy of a valid New Jersey driver's license and
vehicle registration showing an address at a permitted residential
unit. As an alternative to the registration, if the vehicle is leased,
a copy of the automobile lease showing the vehicle is leased to the
resident of a permitted residential unit may be presented. Completed
applications shall be submitted to the Atlantic Highlands Police Department.
Applications without a copy of a valid driver's license and vehicle
registration/lease demonstrating eligible residency shall not be processed.
(3)
Permit applications shall be available at the Atlantic Highlands Police Department during regular business hours. Permits shall be issued for the duration of the current certificate of occupancy pertaining to the permitted residential unit, as defined in Subsection A(4) below. There will be no fee for any resident or guest permit.
(4)
Each resident and one vehicle demonstrated as owned and/or leased
by that resident of a residential unit with an address at a permitted
residential unit shall be entitled to obtain one permit. There shall
be no limit to the number of persons/vehicles that can be issued a
permit for eligible residents/vehicles from a permitted residential
unit. Should the vehicle of a resident registered and issued a resident
permit be sold by the resident to a person not residing at a permitted
residential unit, or the vehicle is removed from service/operation,
during the term of that permit, the resident, upon providing sufficient
proof to the Police Department of that sale/removal and the removal/destruction
of the permit issued to that vehicle, may be issued a replacement
permit for the balance of the term.
(5)
In addition to resident parking permits to be issued to eligible
residents/vehicles, each permitted residential unit shall be entitled
to obtain up to five guest permits which shall be effective for the
term of the permit ("term guest permit"). Each term guest permit shall
be marked as referenced to the particular residential unit and can
be assigned/utilized by the residents of that particular unit only
to a) the vehicle of a guest while visiting and/or staying with the
residents/residential unit or b) the vehicle of a contractor and/or
health-care provider performing work/services on that particular residential
unit or the occupants of said unit for the duration of the work/services
at that unit. Each permitted residential unit may also request and
be issued additional temporary guest permits from the Police Department
between the hours of 9:00 a.m. to 5:00 p.m., Monday through Friday.
These temporary guest permits shall be limited in duration to not
more than 72 consecutive hours. There shall be no charge for the issuance
of temporary guest permits.
(6)
For purposes of visibility of the permit and compliance with
this section, the resident parking permit must not be blocked or obscured
at any time while the vehicle is parked on the restricted street.
Any guest parking permit, whether a term guest permit or a temporary
guest permit, shall be placed in a visible location on the front dashboard
of the parked vehicle or in a location in the vehicle as otherwise
specified by the Police Department on the permit, with the residential
unit identification and/or date/time of issuance being clearly visible
to a police officer or other enforcement officer standing outside
and in close proximity to the vehicle.
(7)
The sale or transfer of a resident parking permit and/or a guest
permit, other than the assignment without charge of a guest permit
as set forth in § 2-9A(5), is prohibited.
(8)
The possession and/or display of a parking permit does not exempt
the operator and/or vehicle from compliance with all other traffic
and/or parking laws or requirements, including, but not limited to,
parking too close to stop signs, intersections, driveways, or fire
hydrants.
(9)
As there may be more resident parking permits and/or guest permits
issued than the number of available parking spaces on the restricted
street, the issuance and/or holding of a resident parking permit or
a guest permit for the restricted street does not guarantee the availability
of a parking space at any time on the restricted street.
B.
Abuse of permit. Resident parking permits and/or guest permits are
subject to revocation by the Borough and/or Police Department for
the following:
(1)
If any such resident parking permit is used, or allowed to be
used, on any vehicle that the permit was not registered to on its
issuance.
(2)
If any such guest permit, either term or temporary, is used,
or allowed to be used, on any vehicle that is not an eligible vehicle
as per § 2-9A(5) to receive or utilize a guest permit, either
term or temporary.
(3)
The applicant provides any false or inaccurate information and/or
documentation for purposes of obtaining said permit.
C.
Reproduction of parking permits prohibited.
(1)
No person, other than an authorized Borough employee, may:
(a)
Copy, reproduce or otherwise create a resident parking permit
or a guest parking permit, either term or temporary.
(b)
Create or duplicate a facsimile or counterfeit resident parking
permit or guest parking permit, either term or temporary.
(c)
Display or use, or cause to be used, a resident parking permit
and/or guest permit, either term or temporary, that is a copy, counterfeit,
or reproduction.
(2)
No person shall furnish false information or fraudulent documents
in connection with the application for a resident parking permit or
a guest permit.
D.
Exempt vehicles. The prohibition of vehicles without a resident parking
permit and/or guest permit parking on the restricted street shall
not apply to the following vehicles:
(1)
Delivery vehicles bearing the name and address of a delivery
business and making a delivery to a residential unit on the restricted
street may park in the vicinity of that residential unit while the
delivery is being made without a permit.
(2)
Emergency vehicles, government/municipal vehicles, gas company,
electric company, telecommunications and other utility company vehicles,
having proper identification on the vehicle, may park on the restricted
street without a permit during the period services are being rendered
at a residential unit on the restricted street.
(3)
Health-care providers, with vehicles legibly identified as such,
may park without a permit during the period services are being rendered.
A health-care provider (being a doctor, nurse, home health aide, physical
therapist or other medical professional) without a vehicle legibly
identified as such may obtain a temporary guest permit from the Police
Department upon proper proof of performing services on the restricted
street.
E.
Violations and penalties. The Atlantic Highlands Police Department
is authorized and has the authority to issue summonses for violation
of this section:
(1)
The owner and/or operator of any vehicle parked on the restricted
street, or restricted portion thereof, without a resident parking
permit or guest permit for that street being displayed and visible
on the vehicle as set forth in § 2-9A(6) or being an exempt
vehicle as per § 2-9D, shall be subject to a parking fine
of up to $50.
(2)
Any person violating § 2-9B shall be subject to a
fine of up to $150 for the first offense and up to $300 for each subsequent
offense thereafter.
(3)
Any person violating § 2-9C shall be subject to a
fine of up to $300 and shall forfeit any current permit issued to
that person/vehicle and the right to use and/or receive a resident
parking permit or a guest permit for a further period of two years.
(4)
In addition to and/or in lieu of a summons, the Police Department,
or agents under the direction of the Police Department, shall have
the authority in its discretion to remove or impound, or arrange for
the removal and impoundment of, any vehicle which is parked on the
restricted street without a proper permit being displayed and visible
in violation of this section. The costs of said removal/impoundment
shall be the responsibility of the vehicle owner/lessee.
F.
Permit required to park on certain streets.
(1)
No vehicle shall be parked or cause to be parked (other than
exempt vehicles as per § 2-9D) on the following streets,
or portion of said streets, as described and listed herein, without
an appropriate resident parking permit or guest parking permit for
that restricted street, or restricted portion thereof, being issued
and displayed in the location on or within the vehicle as required.
|
Name of Street
|
Portion
|
Side
|
|---|---|---|
|
Second Avenue
|
Between East Mount Avenue and Ocean Boulevard
|
Both
|
