[HISTORY: Adopted by the Borough Council of the Borough of Eatontown
as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-27-1993 by Ord.
No. 2-93]
The purpose of this article is to regulate the parking of vehicles on
public property or on private property that is open to the public or to which
the public is invited by prohibiting parking in areas designated as handicapped
parking spaces except for use by persons who have been issued handicapped
person identification cards by the Division of Motor Vehicles or a temporary
placard by the Chief of Police of a municipality in the State of New Jersey
and providing penalties for the violation thereof.
This article is enacted in accordance with N.J.S.A. 40:48-2.46 which
does confer upon the Borough of Eatontown the right to establish handicapped
parking spaces in order to preserve and safeguard the public health, safety
and welfare.
The owners of all properties which contain parking yards and parking
places which are open to the public or to which the public is invited and
which require properly designated handicapped parking spaces pursuant to approved
site plans or as may have been otherwise authorized by the Borough of Eatontown
in accordance with its ordinances shall provide, maintain and install signs
and pavement markings for each parking space reserved for use by handicapped
persons. The cost of procurement and installment of the signs and pavement
markings shall be that of the owner. The owner shall, subsequent to initial
procurement and installation, maintain such signs and pavement markings in
good condition at no cost or expense to the Borough. The owner shall be responsible
for the repair and restoration or replacement of the same.
Each space or group of spaces shall be identified with a clearly visible
sign displaying the international symbol of access along with the following
words "Reserved Parking," together with notification of the penalties which
may be imposed for a violation. The layout, design and position of the signs
erected shall be subject to review and approval by the Police Department.
No person shall park a vehicle in any parking space designated and marked
as being set aside for the physically handicapped in any parking facility,
whether on public or private property, unless said vehicle shall have affixed
thereto an identification certificate or marker issued either by the New Jersey
Director of the Division of Motor Vehicles and/or a local certificate and
a handicapped person is either the driver or a passenger in the vehicle. Parking
in a handicap space without the aforesaid vehicle identification shall create
a rebuttable presumption that use of the space was not for the physically
handicapped.
A.
Chief of Police to issue temporary placard.
(1)
The Chief of Police shall issue to any person who has
temporarily lost the use of one or more limbs or is temporarily disabled as
to be unable to ambulate without the aid of an assisting device or whose mobility
is otherwise temporarily limited, as certified by a physician with a plenary
license to practice medicine and surgery in this state or a bordering state,
a temporary placard of not more than six months' duration. Each temporary
handicap placard issued under the provisions of this subsection shall set
forth the date upon which it shall become invalid.
(2)
A physician's certificate shall be necessary to establish
the qualifying status of each applicant. The certification shall be provided
on the standard form approved by the Director of the Division of Motor Vehicles.
(3)
The placard may be renewed one time for a period of not
more than six months' duration. It shall be displayed on the motor vehicle
used by the temporarily handicapped person.
[Amended 10-22-2003 by Ord. No. 30-2003]
Any person who violates any of the provisions of this article shall
be subject to a fine of $250 for the first offense and for subsequent offenses
a fine of at least $250 and up to 90 days of community service on such terms
and in such form as the court shall deem appropriate, or any combination thereof.
A mandatory court appearance is required under this section.
A.
An eligible handicapped person may request a law enforcement
officer to arrange for the removal and storage of a motor vehicle which is
parked unlawfully in a parking space or zone which is restricted for use by
a handicapped person. It shall be the obligation of the owner of the motor
vehicle to pay the reasonable costs for the removal and for any storage which
may result from the removal.
B.
The assessment of removal and storage costs against a
person under this section shall be in addition to any other penalty assessed
against the person.
[Added 10-26-2005 by Ord. No. 22-2005]
A.
Public parking acres designating parking for handicapped:
(1)
Parking lot known as the “East Lot” within the block
bounded by Throckmorton Avenue, Main Street and White Street with regards
to four handicapped spaces marked and adjacent to 47 Broad Street to the north.
(2)
Parking lot known as the “West Lot” bounded by Lewis
Street, Broad Street and Main Street with regards to one handicapped space
marked.
(3)
Wampum Lake Parking Area north of Throckmorton Avenue, east of
Main Street and south of Wampum Brook containing two handicapped spaces marked.
(4)
Wolcott Park Parking within the block west of Rt. 35, north of
South Street and south of Lewis Street. Marked spaces are located with one
handicapped space at the northern entrance to the park off of High Street,
adjacent to the tennis court, and two handicapped spaces at the parking lot
off of Willow Street.
(5)
Eatontown Community Center at 68 Broad Street, two marked handicapped
spaces.
(6)
80-Acre Park, two handicapped spaces adjacent to basketball courts
and two handicapped spaces adjacent to baseball field and fieldhouse.
B.
Private parking designating parking for handicapped: All handicapped
spaces authorized by site plan approvals and agreements with the municipality
and the property owner.
