[HISTORY: Adopted by the Township Committee of the Township of Freehold
by Ord. No. O-78-21 (§ 6-14 of the Revised General
Ordinances), as amended through Ord. No. O-92-14. Subsequent amendments noted
where applicable.]
As used in this chapter, the following terms have the following meaning.
Any building, structure, facility or complex used by the general
public or to which the general public is invited, including, but not limited
to, theaters, concert halls, auditoriums, museums, schools, libraries, recreation
facilities, public transportation terminals and stations, factories, office
buildings, businesses, shopping centers, hotels or motels and public eating
places whether privately or publicly owned, except that this term shall not
include private family residences, warehouse storage areas and all buildings
conducting hazardous occupancies that involve highly combustible, highly flammable
or explosive material.
A physical impairment which confines a person to a wheelchair, causes
a person to walk with difficulty or insecurity, affects the sight or hearing
to the extent that a person functioning in public areas is insecure or exposed
to danger, causes faulty coordination or reduces mobility, flexibility, coordination
and perception to the extent that facilities are needed to provide for the
safety of that person.
The definitions set forth in N.J.S.A. 39:4-207.6 (P.L. 1989, c. 200),
as may be subsequently amended, are hereby incorporated by reference.
The owners of all public buildings which provide parking spaces adjacent
to or used in conjunction with the public building shall within 30 days of
notice thereof provide for parking spaces for handicapped persons in accordance
with the guidelines herein set forth and in a location and manner as determined
by the Code Enforcement Officer. Any parking facility with less than 16 existing
spaces shall be exempt from the provisions of this chapter.
Parking spaces for the physically handicapped shall be constructed according
to the following guidelines:
A.
A minimum of 1% of the total number of parking spaces
in the parking facility shall be used for handicapped parking, but these shall
be not less than two parking spaces in each such facility.
B.
The location of the physically handicapped spaces shall
be in an area of the parking facility which is most accessible and approximate
to the building or buildings which the facility serves. The determination
of the location shall be made by the Code Enforcement Officer in conjunction
and consultation with the owner. In shopping centers and other multistore
facilities, the handicapped spaces shall be as near to the flagship store
as possible and/or at such other locations as may be agreeable between the
Code Enforcement Officer and the owner.
C.
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, "These Spaces Reserved for Physically Handicapped
only. Special Vehicle Identification Required," together with notification
of the penalties which may be imposed for a violation. The layout, designing
and positioning of the signs erected shall be subject to review and approval
by the Code Enforcement Officer. No proof of such approval shall be required
for prosecution of violations of this chapter. The lines designating the area
shall be painted in fluorescent yellow paint, and the center of the space
shall have painted thereon the capital letter "H" or the international symbol.
D.
Each space shall be 12 feet wide to allow room for persons
in wheelchairs or on braces or crutches to get in or out of either side of
the automobile on a level paved surface suitable for wheeling and walking.
E.
Where possible, such spaces shall be located so that
persons in wheelchairs or using braces or crutches are not compelled to wheel
or walk behind parked cars.
F.
Where applicable, curb ramps shall be provided to permit
handicapped people access from parking area to sidewalk.
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 identification card. The Chief of Police shall issue free of charge a Township special vehicle identification card to any physically disabled person (resident or nonresident) who may not qualify for such identification under N.J.S.A. 39:4-204 but does qualify under § 177-1, definition of "physical handicap." A physician's certification shall be necessary to establish the qualifying status of each applicant.[1]
B.
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
handicapped 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.
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 chapter shall be in addition to any other penalty assessed
against the person.
There is hereby established within the Township of Freehold the Handicapped
Parking Enforcement Unit under the
supervision of the Chief of Police, members of which shall have the full power
and authority to issue warnings or summonses for violation of any provision
of any law, regulation, ordinance or resolution pertaining to illegal parking
in restricted parking spaces for the handicapped, within the Township of Freehold.
Such unit shall concentrate its enforcement activity at shopping centers and
malls within the Township; however, its powers as set forth herein shall not
be restricted to those areas. Members of the Handicapped Parking Enforcement
Unit shall:
A.
Have no criminal record as a result of a state criminal
history record background check through the State Bureau of Identification,
Division of State Police, Department of Law and Public Safety.
B.
Be a resident of Freehold Township.
C.
Be at least 18 years of age.
D.
Successfully complete a course of instruction designed
to prepare such person to properly fulfill his/her responsibilities, such
course of instruction to fulfill the requirements of N.J.S.A. 39:4-197.9 et
seq.
E.
Be provided, at the expense of the Township, with a distinctive
uniform on which shall be affixed a special patch designating the function
of the member of the Handicapped Parking Enforcement Unit.
F.
Be subject to the supervision and direction of the Chief
of Police or his/her designee.
G.
Receive such compensation as may be provided in the salary
ordinance of the Township.
[Amended 11-25-2003 by Ord. No. O-03-25]
Any person who violates any of the provisions of this chapter 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' community service on such terms
and in such form as the court shall deem appropriate, or any combination thereof.
