ORDINANCE NO. TOWNSHIP OF EAST HANOVER COUNTY OF MORRIS STATE OF NEW JERSEY AN ORDINANCE AMENDING, REVISING AND SUPPLEMENTING CHAPTER 110 OF THE TOWNSHIP CODE OF THE TOWNSHiP OF EAST HANOVER ENTITLED PARKING FOR HANDICAPPED PERSONS WHEREAS, N.J.S.A. 39:4-138 prohibits parking in any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to N.J.S.A. 39:4-197.5, N.J.S.A. 52:32-11 or any other applicable law, (hereinafter, 4 collectivelythe State Law ) unlessthe vehicle is authorized by law to be parked therein and ahandicapped person is either the driver or apassenger in that vehicle; WHEREAS, N.J.S.A. 40:48-2.46 confers upon amunicipality the rightto designate handicapped parking spaces in order to preserve and protect the public health, welfare and safety; WHEREAS, the Township of East Hanover, County of Morris, State of New Jersey, (hereinafter, the Township ), enacted Ordinance 5-81 adding Chapter 110tothe Township Code, forthe purpose of reserving, pursuant to State law, parking places for handicapped drivers; WHEREAS, said Ordinance should be revised in light of subsequent revisions to the New Jersey Administrative Code; WHEREAS, the Township Council further enacted Ordinance No. 37-1994, supplementing Section 1 of Chapter 129 entitled, Snow Removal, prohibiting the plowing, piling or placement of snow in said parking spaces reserved for the handicapped; WHEREAS, it has been broughtto the attention of the Township Council that, in Miolation of said ordinance, snow and ice, as well as other physical objects are being deposited in said parking places in violation of the spirit and intention, as well as, in some instances, the letterofordinance No. 37-1994 therebyobstructing parking spaces
. reserved exclusively to handicapped drivers; WHEREAS, this and similar activities can create arisk to the safety, health and well-being of handicapped drivers and passengers; WHEREAS, the Township Council deems it to be in the best interests of the residentsofthe Townshipto amend said Ordinance and the Township Code to address the aforesaid unlawful and/or undesirable activities; NOW, THEREFORE, BE ITORDAINED bythe Township Councilofthe Township of East Hanover that Chapter 110 of the Township Code be amended, revised and supplemented as follows: 110-1 Purpose The purpose of this chapter is to provide for rthe enforcement of restrictive parking for use by handicapped persons throughout the Township of East Hanover and prohibiting parking and other obstructions in areas designated as handicapped parking spaces in order to preserve and keep accessible such parking spaces for use by persons who have been issued special identification cards by the Division of Motor Vehicles in order that no other persons shall be permitted to park in such parking spaces. 110-2 Statutory Authorization: Implementation This chapter is enacted in accordance with N.J.S.A. 40:48-2.46, which confers upon the Township of East Hanover the right to establish handicapped parking spaces in order to preserve and safeguard the public health, safety, morals and welfare. Therefore, pursuant to the authority contained in N.J.S.A. 40:48-2.46, parking spaces restricted for use by persons with physical handicaps pursuant to N.J.S.A.39:4-204, who have been issued special~ vehicle identification license plates or windshield stickers by the New Jersey Division of MotorVehicles pursuantto N.J.S.A 39:4-205 and 4-206, when operating or using amotor vehicle on which is displayed such license plate or windshield stickers, shall be provided at 2
. places ofpublic accommodation in accordance with the requirements and limitations of the Barrier Free Design Regulations of N.J.A.C. 17:19A-1.1 et seq. and N.J.S.A. 52:32-1 et seq. and any amendments thereto. 110-3 Definitions 1. Accessible shall mean an environment that will permit a handicapped person to operate independently with comparative ease under normal circumstances and with little or no other assistance. 2. Person shall mean an individual or any corporation, companies, societies, firms, partnerships, organizations and any other group or entity acting as aunit. 3. Responsible Party shall mean any person including, but not limited to, acontractor, the owner, operator and/or tenant of premises having parking spaces reserved for handicapped persons, as well as any employee, agent and/or otherperson acting on their behalf, who violates the terms of this ordinance. 4. Municipal Construction Official shall mean the construction official appointed by the municipality pursuant to N.J.S.A 52:27D-119 et seq. 5. Municipal Subcode Official shall mean any ofthe subcode officials appointed by the municipality pursuant to N.J.S.A 52:27D-119 et seq 110-4 Parking Spaces A. Parking spaces for the handicapped shall be located as close as possible to elevators, ramps, walkways, and the accessible entrance they serve. They shall be no more than two hundred~ (200) feet from an accessible entrance. They shall be as level as possible with surface slopes not exceeding 1:48 (114 inch per foot) in any direction. B. Each parking space shall be marked with an R7-8 sign from the Manualof 3
Uniform Traffic Control Devices displaying the International Symbol of Accessibility. Beneath the R7-8 sign, each parking space shall also be marked with an R7-8P sign, as required by N.J.S.A. 39:4-198 and R.S. 39:4-197.3c, and any amendments thereto, containing the penalty provisions ofthe statute and ordinance. The bottom edge of the R7-8 sign shall be mounted approximately sixty (60) inches above the parking lot surface. C. At least one (1) parking space designated for the handicapped shall be provided in all parking lots with up to fifty (50) space,s. Where there are fifty-one (51) to two hundred (200) spaces, two parking spaces must be designated for the handicapped. When thereare over two hundred (200) spaces, two parking spaces plus one (1) percent of the number of spaces over two hundred (200), rounded to the next higherwhole number, must bedesignated forthe haxidiqapped. The spaces shall be at least twelve (12) feet wide or as may be petmitted by N.J.A.C. 5:23-7.13 and any amendments thereto. D. At least ten (10) percent of accessible parking spaces, or at least one, whichever is greater, shall be van-accessible with eight (8) feet six (6) inches. with an adjacent access aisle at least five (5) feet wide. aminimum vertical clearance of These spaces should not be less than eight (8) feet wide 110-5 Obstruction or Interference with Handicapped Parking Spaces Prohibited No person or responsible party shall obstruct or otherwise interfere with orpermit the obstruction or interference with the appropriate use ofthose parking areas reserved for the handicapped. This includes, but is not limited to, the parking of amotor vehicle which does not comply with the provisions of 110-1 and 110-2 of this Chapter, the placing, maintaining or allowance of any blockage, barriers, or physical obstructions in said areas or the placing of, or failure to remove ice or snow or any other obstructions in these areas thus interfering with theirdesignated use and/or accessibility. 4
110-6 Enforcement The terms and provisions of Section 110-4 this Chapter, shall be enforced bythe Township construction official or Township subcode official. The terms and provisions of Section 110-5 of this Chapter shall be enforced by the Township of East Hanover Police Department which shall issue summonses to enforce same. 110-7 Violations and Penalties Any person violating this chapter shall be punishable as follows: (1) First offense: one hundred dollars ($100.00) (2) For each subsequent offense: minimum fine of one hundred dollars ($100.00). (3) In addition, the violator shall bear the full cost of towing, removal and/or storage or disposal the violator s vehicle, or, in the event that snow, ice or other obstruction is not removed within a reasonable period oftime, underthe circumstances, but in no event longerthan twelve (12) hours from the time ofthe occurrence ofthe obstruction, the Township shall have the right to remove said obstruction andbillthe violator and/or otherresponsibleparty/parties for the cost of same. The responsible party/parties shall also be subject to the fines set forth in this Chapter. (4) Each and every twenty-four (24) hour period that aviolation of this Chapter continues shall be considered a separate and distinct offense. 110-8 Repealer All ordinances or parts of ordinances inconsistent herewith are hereby repealed to the extent of such inconsistency. 5
This Ordinance shall take effect twenty (20) days after adoption provided it is published in accordance with law. Introduced and Passed on First Reading on Published in on With Notice of Public Hearing to be held on ADOPTED: Published in, as adopted, on VOTE 4 ROLL CALL COUNCILMEMBER RINALDI YES NO ABSTAIN ABSENT COUNCILMEMBER TAMBURRO COUNCILMEMBER SALEMME COUNCILMEMBER PANNULLO MAYOR COLASURDO 6
.4 CERTIFICATION I, MARILYN J. SNOW, C.M.C., hereby certify this to be a true copy of an Ordinance adopted by the Township Council of the Township of East Hanover at a duly noticed and convened meeting held,1995. MARILYN J. SNOW, Township Clerk [SEAL] cm/ehl IOor2.cme 4,, 4, I, 4 7