§ 398-11. Handicapped parking.  


Latest version.
  • Pursuant to the authority granted to this municipality by N.J.S.A. 39:4-197, the locations described below are hereby designated as restricted parking spaces for use by persons who have been issued special vehicle identification cards by the Division of Motor Vehicles. No other person shall be permitted to park in these spaces.
    A. 
    Restricted parking zones may be established on public streets in front of residential uses occupied by handicapped persons in accordance with the procedures described herein.
    B. 
    An application must be filed with the Borough Clerk identifying the name and address of the handicapped individual and the specific location of the proposed restricted parking zone.
    C. 
    Upon application for a permit, the applicant must provide the Borough Clerk with the following:
    (1) 
    The license plate and proof of ownership of the vehicle for which the permit is requested, indicating that the vehicle is either owned by the handicapped person or by another occupant of the residence who is a member of the immediate family.
    (2) 
    A copy of the special vehicle identification card received from the New Jersey Division of Motor Vehicles.
    (3) 
    If the vehicle is driven by the handicapped individual, proof that the said vehicle is equipped with such special attachments and devices as deemed necessary by the Director of the Division of Motor Vehicles to provide for the safe operation by the handicapped individual.
    D. 
    The Borough Clerk shall forward said application to the Borough of Totowa Police Chief for a recommendation on whether to approve or disapprove said permit. Said recommendation shall be made within 21 calendar days of receiving such request from the Borough Clerk.
    E. 
    Upon receipt of an application to designate a restricted parking zone for handicapped persons, the Police Chief shall perform a site inspection to determine the following:
    (1) 
    Whether off-street parking is presently available on the property.
    (2) 
    The location, width, grade and physical condition of off-street parking and sidewalk connecting said parking to the residence.
    (3) 
    Whether parking is presently prohibited in front of said residence.
    (4) 
    Whether permitting the parking space would interfere with the normal flow of traffic.
    (5) 
    Whether there is a distance of 22 feet along the street where a handicapped parking zone could be designated without interfering with the normal flow of traffic.
    (6) 
    Whether the handicapped person has reasonable access to a driveway on the property or reasonable access to some other area of the property which may permit transport of the handicapped person.
    F. 
    Upon receipt of a favorable recommendation for approval, the Borough Clerk shall forward the recommendation to the Borough Council for adoption of an ordinance designating the handicapped zone.
    G. 
    Upon adoption of an ordinance, the Borough Clerk shall issue a permit identifying the following:
    (1) 
    The name of the handicapped person.
    (2) 
    The license plate of the vehicle permitted to park in said zone.
    H. 
    Upon adoption of an ordinance, the applicant shall be required to deposit with the Borough Clerk the dollar amount necessary to purchase the required sign. If the applicant changes the vehicle to be permitted to park in the zone, the applicant shall pay an additional charge necessary to cover the new sign required.
    I. 
    The Borough shall install a sign at the designated restricted parking zone. Said sign shall conform to the current Manual on Uniform Traffic Control Devices and specifically identify the following:
    (1) 
    The license plate number of the specific motor vehicle that may park in the zone.
    (2) 
    The amount of the penalty for parking any vehicle other than the vehicle with designated license plate number.
    J. 
    Only a vehicle with the license plate number shown on the permit and sign shall be permitted to park in the restricted handicapped parking zone.
    K. 
    Any vehicle bearing a different license plate shall be presumed to have parked unlawfully and shall be issued a ticket and subject to a fine of $250, plus related costs, for the first offense, and for subsequent offenses, a fine of at least $250 and up to 90 days' community service, or any combination thereof.
    L. 
    All permits issued for the establishment of a restricted handicapped parking zone shall be reviewed every year to determine the continued eligibility of the parking zone.
Added 8-8-1989 by Ord. No. 6-89; amended 10-14-2003 by Ord. No. 15-2003; 8-10-2004 by Ord. No. 11-2004