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ORDINANCE 2012-20 Amending 2012-12

ADOPTED: June 12, 2012

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING THE RESIDENT PARKING PROGRAM TO EXTEND THE PRIVILEGE OF A RESIDENT PARKING PLACARD TO THE EMPLOYEES OF COMMERCIAL ENTITIES LOCATED IN DISTRICT 4 , AMENDING THE RESIDENT PARKING PROGRAM TO PROHIBIT RESALE OF PARKING PLACARDS, AND AMENDING CHAPTER X TO PROVIDE FREE PARKING IN THE SILVER LAKE PARKING LOT DURING LIMITED HOURS

WHEREAS the Borough Council of Point Pleasant Beach wishes to amend Chapter X entitled “Parking Meters and Pay Machines” of the municipal code and Ordinance 2012-12 regarding the regulation of parking placards; and

WHEREAS the Borough Council of Point Pleasant Beach recognizes the need to strike all references to the word “pass” and replace that with “placard” in order to clarify that the District Four resident parking program utilizes placards; and

WHEREAS the Borough Council of Point Pleasant Beach recognizes the need to extend the privilege of using the Residential Parking Placard to the employees of commercial entities located in District Four; and

WHEREAS extending the privilege of the Residential Parking Placard to the employees of commercial entities is necessary to promote the vitality of businesses in, and the economy of, District Four of the Borough of Point Pleasant Beach; and

WHEREAS the Borough Council of Point Pleasant Beach recognizes the need to prohibit resale of parking placards to discourage use of parking placards by individuals who are not entitled to a parking placard under Chapter IX, Section 9-17, of the Code of the Borough of Point Pleasant Beach; and

WHEREAS the Borough Council of Point Pleasant Beach recognizes the need to create the authority of the Borough Administrator in administering the Residential Parking Placard Program; and

WHEREAS the Borough also desires to foster better use of its parking resources by encouraging use of the Silver Lake Parking lot between the hours of 11:00 p.m. and 6:00 a.m to accommodate the need for parking in District Four; 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 at Section 9-17 to strike all references to the word “pass” and replacing that with “placard.”

SECTION II. Chapter IX of the Code of the Borough of Point Pleasant Beach, entitled “Traffic,” shall be amended at Section 9-17.1, entitled “Definitions and Word Usage,” by adding the following:

“Commercial Entity” shall mean a taxpayer or tenant of a taxpayer of the Borough of Point Pleasant Beach, whether an individual or business entity, possessing a mercantile license to operate a business in the Borough of Point Pleasant Beach.

SECTION III. Chapter IX of the Code of the Borough of Point Pleasant Beach, entitled “Traffic,” shall be amended so that existing section 9-17.2 entitled “Issuance of Parking Placard” shall become subsection “a” of that section and new subsection 9-17.2b shall be created as follows:

9-17.2b The owner, or authorized representative, of a commercial entity located within District Four may apply to the Borough Administrator for resident parking placards to be issued to the employees of the commercial entity.
1. The owner, or authorized representative, of a commercial entity located in District Four of the Borough of Point Pleasant Beach who desires parking placards for the employees of the commercial entity to enable employees to park a vehicle in non-metered spaces in District Four during the restricted period may apply for a placard under this sub-section by completing a form to be provided by the Borough Administrator detailing the commercial entity’s name and address, the names of the employees to whom the parking placard would be issued, the employees driver’s license number, the employees vehicle license number, and the employee’s home address.
2. Each employee of a commercial entity is limited to one parking placard.
3. The employees of a commercial entity who are issued a parking placard are subject to all the privileges, restrictions, and penalties of Chapter IX of the Code of the Borough of Point Pleasant Beach, Section 9-17.

SECTION IV. Chapter IX of the Code of the Borough of Point Pleasant Beach, entitled “Traffic,” shall be amended at Section 9-17.3 to strike “the Monday before Memorial Day” and replace it with “June 15th of the calendar year”

SECTION V. Chapter IX of the Code of the Borough of Point Pleasant Beach, entitled “Traffic,” shall be amended at Section 9-17.6b1 to strike “the Monday before Memorial Day” and replace it with “June 15th of the calendar year”

SECTION VI. Chapter IX of the Code of the Borough of Point Pleasant Beach, entitled “Traffic,” shall be amended by striking section 9-17.6d and replacing that subsection as follows:
Reproduction or the sale 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;
(d) Sell or transfer a parking placard for profit
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.

SECTION VII. Chapter IX of the Code of the Borough of Point Pleasant Beach, entitled “Traffic,” shall be amended to create subsection 9-17.7 and 9-17.8 as follows:

9-17.7 Authority of the Borough Administrator.

a. The Borough Administrator shall serve as the hearing officer to adjudicate any dispute by a resident relating to the issuance or failure to issue a parking placard.
b. The Borough Administrator shall use his or her discretion to issue more placards to a residential taxpayer where there are multiple dwelling units located on a property in District Four for which there is only one tax bill issued to that property.
c. All disputes or requests relating to the issuance or failure to issue a parking placard shall be made in writing to the Borough Administrator who may schedule a hearing on the dispute in his or her discretion. The Borough Administrator shall render a determination within fourteen (14) business days of receipt of any dispute or request.
d. The determination of the Borough Administrator on any dispute or request shall be considered the final adjudication of the matter so raised.

9-17.8 Violations and Penalties

Unless provided otherwise by this chapter, any person who violates any one or more subsections of this chapter shall be subject to a fine in the minimum amount not to exceed two hundred fifty ($250.00) dollars for each separate offense plus community service as stipulated by State statute.

SECTION VIII. Chapter X of the Code of the Borough of Point Pleasant Beach, entitled “Parking Meters and Pay Machines,” shall be amended at Schedule A so that no fee will be charged for parking in the Silver Lake Parking Lot and Arnold Avenue, on the south side which is immediately adjacent to the Silver Lake Parking Lot, between the hours of 11:00 p.m. and 6:00 a.m and such addition will be indicated in Schedule A by underline as follows:


“SCHEDULE A

STREETS


Name of Street: Arnold Avenue

Sides: South

Location: Baltimore Avenue to Ocean Avenue

Hours and Days of Meter and Pay Machine Operations: Weekdays (Monday, 2:00 A.M. to Friday, 5:59 P.M.).

Fees: $2.00 per hour


Name of Street: Arnold Avenue

Sides: South

Location: Baltimore Avenue to Ocean Avenue

Hours and Days of Meter and Pay Machine Operations: Weekends (Friday 6:00 P.M. to Monday, 1:59 A.M.) and Holidays (12:00 A.M. to 11:59 P.M.)

Fees: $2.50 per hour


Name of Street: Arnold Avenue

Sides: South

Location: Baltimore Avenue to Ocean Avenue

Fees: No fee will be charged between the hours of 11:00 pm and 6:00 am beginning June 15, 2012 and ending at 6:00 am on September 11, 2012.


All other fees for streets, named in “Schedule A/Streets,” are to remain as currently recorded.


PARKING LOTS

Parking Area: Former Risden's South End Parking Lot, including all of the area from Ocean Avenue to the Boardwalk adjacent to New Jersey Avenue, and continuing south along Ocean Avenue and the Silver Lake Parking Lot including all of the area from Baltimore Avenue to Ocean Avenue and continuing north

Hours and Days of Meter and Pay Machine Operation: 24 hours per day between March 1 and October 31, every day.

Fees: $2.25 per hour weekdays (Monday, 2:00 A.M. to Friday, 5:59 P.M.; $3.00 per hour, weekends, (Friday, 6:00 P.M. to Monday, 1:59 A.M.) and holidays (12:00 A.M. to 11:59 P.M.).


Parking Area: Silver Lake Parking Lot Only
Fees: No fee will be charged between
the hours of 11:00 p.m. and 6:00 a.m. beginning June 15, 2012 and ending 6:00 a.m. Tuesday, September 11, 2012.”


MULTI-SPACE PARKING METER TERMINALS

Multi-space parking meter terminals shall accept the forms of payment indicated thereon to include coins, paper currency, credit cards or debit cards. Within the Silver Lake and Inlet Area Recreation parking lots or parking areas herein-above described and during the hours and days of meter operations set forth, the fees for parking spaces within the area served by multi-space parking meter terminals shall be as set forth below. These rates shall be in effect at any time after the required adoption of this ordinance and replacement of parking meters by multi-space parking meter terminals.



Parking Area: Former Risden's, South end, parking lot, including all of the area from Ocean Avenue to the Boardwalk adjacent to New Jersey Avenue, and continuing south along Ocean Avenue and the Silver Lake parking lot including all of the area from Baltimore Avenue to Ocean Avenue and continuing north

Hours and Days of Meter and Pay Machine Operation: 24 hours per day between March 1 and October 31, every day

Fees: $2.25 per hour weekdays (Monday, 2:00 A.M., to Friday, 5:59 P.M.); $3.00 per hour Weekends (Friday, 6:00 P.M. to Monday, 1:59 A.M.) and Holidays: (12:00 A.M. to 11:59 P.M.).


Parking Area: Inlet Recreation Area Parking Lot

Hours and Days of Meter and Pay Machine Operation: 24 hours per day between March 1 and October 31, every day.

Fees: $.25 per 10 minutes up to a maximum of 24 hours.


Parking Area: All other parking areas as set forth in "Streets" above

Hours and Days of Meter and Pay Machine Operation: As set forth above.

Fees: $.25 per 10 minutes up to a maximum of 24 hours.


Parking Area: Silver Lake Parking Lot

Hours and Days of Meter and Pay Machine Operation: No fee will be charged between the hours of 11:00 p.m. and 6:00 a.m. beginning June 15, 2012 and ending 6:00 a.m. Tuesday, September 11, 2012. “

SECTION IX. 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.

SECTIONV X. 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 XI: All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance are hereby repealed to the extent of their inconsistencies.

SECTION XII: 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 15th day of May 2012 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 12th day of June 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 June03, 2012 | New Ordinances | 1389


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