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ORDINANCE 2012-12 Pilot Parking Program for District 4

ADOPTED: April 17, 2012

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY,
CREATING A PARKING PLACARD FOR DISTRICT FOUR



WHEREAS, the Borough Council of the Borough of Point Pleasant Beach has recognized the need to limit parking in District Four between the hours of 12:00 a.m. and 6:00 a.m. during certain times of the year; and
WHEREAS, the Borough Council of the Borough of Point Pleasant Beach has recognized the need to establish regulations and control parking on residential streets between the hours of 12:00 a.m. and 6:00 a.m. during certain times of the year; and
WHEREAS, the Borough Council finds and determines that for the good and welfare of its citizens it is necessary and advisable to establish regulations that improve the quality of life for residents; and
WHEREAS, the Borough Council finds and determines that for the good and welfare of its citizens it is necessary and advisable to establish regulations and provide for the enforcement of parking regulations within the Borough;

NOW, THEREFORE, BE IT ORDAINED, by the Governing Body of the Borough of Point Pleasant Beach, County of Ocean and State of New Jersey, as follows:

SECTION I. Chapter IX of the Code of the Borough of Point Pleasant Beach, entitled “Traffic,” shall be amended by making Section 9-17 entitled Penalty Section 9-18 and creating new Section 9-17 as follows:

”District 4 Resident Parking Permit:
9-17.1 Definitions and Word Usage.

Borough shall mean the Borough of Point Pleasant Beach
District Four shall be defined as that area of the Borough bordered on the east by the Atlantic Ocean, on the west by the New Jersey Transit Railroad Tracks, on the north by the Manasquan River and Inlet and on the South by the north side of Arnold Avenue.
Resident and Residental Taxpayer shall be defined as set forth in Section 9-14.1 of the Borough Code.
9-17.2 Issuance of Parking Placard.
Every District Four taxpayer of the Borough shall be provided 5 placards by the administrator to serve as the parking pass, which shall hang conspicuously from the vehicle’s rearview mirror. The placards shall be numbered such that each placard may be associated with the taxpayer to whom it was issued. The placards shall be mailed by the administrator to the address so registered with the Borough’s tax collector. Whether or not there is more than one taxpayer associated with a real property in District Four, no more than 5 placards shall be issued for each property.
9-17.3 Parking in District Four.

Parking in District Four in non-metered spaces shall be restricted to those licensed, registered and insured vehicles displaying a valid placard between the hours of 12:00 a.m. and 6:00 a.m. beginning the Monday before Memorial Day and lasting until the Monday after Labor Day
9-17.4 Placards for Residents and Residential Taxpayers
a. Any resident or residential taxpayer who desires a parking placard to enable them to park a vehicle in non-metered spaces in District Four during the restricted period may apply for a placard under this section by completing a form to be provided by the Borough Administrator detailing the applicant’s name and address, insurance, and the registration number of the motor vehicle for which the applicant desires a parking pass.
b. Each resident or residential taxpayer is limited to one parking placard.

9-17.5 Placement of Signs
Signs posted to indicate the requirements imposed by this section shall be placed in accordance with existing rules and regulations of the State of New Jersey.

9-17.6 Duration, Restrictions and Prohibitions
a. Each placard shall be issued on a yearly basis no later than May 10th of each year. There shall be no proration if less than the full relevant period remains at the time an application for a pass is submitted.
b. Parking permission is subject to:
1. The parking placard shall be and remain in effect beginning the Monday before Memorial Day and lasting until the Monday after Labor Day of the calendar year issued
until the end of the year unless surrendered or revoked prior thereto;
2. The issuance of a parking pass shall not obligate the borough to furnish parking facilities to the holder of said parking pass.
c. Permission to park may be revoked for any of the following:
1. Falsely representing the ownership of a vehicle or the residence of the owner;
2. The commission by the holder of a parking pass of any unlawful act prohibited by the law of the state of New Jersey or for any act in violation of the provisions of this or contrary to any regulation of the borough pertaining to the use and occupation of any parking area while entering, parking or leaving such parking area as set forth in this section.
d. Reproduction of any parking placard is prohibited:
1. No person shall:
(a) Copy, reproduce, or otherwise create a parking placard authorized pursuant to this section;
(b) Create a facsimile or counterfeit parking placard;
(c) Display or use a parking placard knowing same to have been copied, reproduced or otherwise crafted in violation of this section;
2. No person shall furnish false information or fraudulent documents in connection with an application for a parking placard;
3. Any person found violating the provisions of this section is punishable by a fine not to exceed two thousand ($2,000.00) dollars and/or imprisonment for not more than ten days and forfeits the right to receive or use a parking pass under this section for a period of three years;
4. No pass authorized may be issued to a person with three or more outstanding summonses for violations of this section or any related parking section.
e. In addition to the imposition of the above or any other penalty that may be imposed by law for the violation of any of the provisions of this section, the borough may provide for the removal of any vehicle, which is allowed to stand or be parked in any parking area pursuant to this section. The owner shall bear the reasonable cost of removal and storage that may result from such removal before regaining possession of the vehicle.
f. Any violations under this section that are disputed by the resident to whom the parking pass was issued, will be adjudicated before a hearing officer.

SECTION II. This ordinance shall no longer be effective or apply and shall be repealed in its entirety on December 31, 2012, unless such date of repeal is further extended by ordinance of the Governing Body.
SECTION III. In the event any section, part or provision of this Ordinance shall be held unconstitutional or invalid by any Court, such holding shall not affect the validity of this Ordinance or any remaining part of this Ordinance other than the part held unconstitutional or invalid.
SECTION IV. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.
SECTION V. This Ordinance shall take effect immediately upon its final passage and publication as required by law.

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and passed on first reading at the regular meeting of the Borough Council of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 20th day of March 2012 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 17th day of April 2012 at 7:00 P.M. in the Council Chambers, Borough Hall, 416 New Jersey Avenue, Point Pleasant Beach, New Jersey at which time and place a person desiring to be heard will be given opportunity to be heard.

________________________________
Maryann Ellsworth, R.M.C.
Municipal Clerk


Published March21, 2012 | New Ordinances | 1328


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