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ORDINANCE 2013-02 Overnight Parking Portions of D3 & D4

PUBLIC HEARING DATE: CARRIED TO MARCH 19, 2013

ADOPTED: MARCH 19, 2013

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY, REGULATING PARKING
IN DESIGNATED AREAS OF THE BOROUGH AND AMENDING
CHAPTER X TO PROVIDE FREE PARKING IN THE SILVER LAKE PARKING LOT
DURING LIMITED HOURS

WHEREAS, the Borough Council of the Borough of Point Pleasant Beach has determined to improve the quality of life of residents of the Borough; and
WHEREAS, as part of a plan to make such improvements, the Governing Body adopted parking regulations in District Four and the Silver Lake Parking Lot; and WHEREAS, as a result of the results of those parking regulations, the Borough Council has concluded to adopt permanent regulations in recognition of the need to limit parking in designated areas of the Borough of Point Pleasant Beach between the hours of 12:30 a.m. and 4:00 a.m. during certain times of the year; and
WHEREAS, as a result of the prior parking regulations, the Borough Council received far fewer complaints of unruly and disorderly behavior from residents in the affected districts during the periods governed by those regulations; and
WHEREAS, the Borough Council is also mindful of the concerns of commercial enterprises located within those areas designated in this Ordinance; and
WHEREAS, the Borough Council continues its desire to provide access to the beach and waterways by providing free parking at the Silver Lake Lot for limited periods of time consistent with the restrictions adopted in the Ordinance; 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:

Resident Parking Permit Program in Designated Areas:
9-17.1 Definitions and Word Usage.
Borough shall mean the Borough of Point Pleasant Beach
District Four Area 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 South side of Broadway and on the South by the north side of Arnold Avenue, with the exception that no portion of either Broadway or Arnold Avenue shall be subject to this Ordinance.
District Three Area shall be defined as that area of the Borough bordered on the North by the South side of Arnold Avenue, on the west by the West side of St. Louis Avenue on the South by the South side of Forman Avenue and on the East by the West side of Ocean Avenue, with the exception that no portion of Arnold Avenue shall be subject to this Ordinance.
Covered Area shall be defined as that area of the Borough defined above as the District Four Area and the District Three Area.
Resident and Residential Taxpayer shall be defined as set forth in Section 9-14.1 of the Borough Code.
Commercial Entity shall mean a taxpayer or tenant of a taxpayer of the Borough, whether an individual or business entity, possessing a mercantile license to operate a business in the Borough.
9-17.2 Issuance of Parking Placard.
Residential
1. Every Resident and Residential Taxpayer in the Covered Area shall be provided 5 placards by the administrator to serve as the parking pass, which shall displayed conspicuously on the driver’s side dashboard in a form to be approved by the Chief of Police and confirmed yearly by resolution of the Governing Body 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 the Covered area, no more than 5 placards shall be issued for each property.
Commercial
1. The owner, or authorized representative, of a Commercial Entity located within the Covered Area may apply to the Borough Administrator for resident parking placards to be issued to employees of the commercial entity.
2. The owner, or authorized representative, of a Commercial Entity located in the Covered Area, who desires parking placards for the employees of the Commercial Entity to enable employees to park a vehicle in non-metered spaces in the Covered Area during the restricted period, may apply for a placard under this subsection by completing and certifying 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.

3. Each employee of a Commercial Entity is limited to one parking placard displayed conspicuously on the driver’s side dashboard in a form to be approved by the Chief of Police and confirmed yearly by resolution of the Governing Body.
4. 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, except that parking placards issued to employees of commercial entities shall not be transferable. Parking placards issued to employees of Commercial Entities shall be numbered and shall bear the name of the Commercial Entity.

9-17.3 Parking in the Covered Area.

Parking in the Covered Area in non-metered spaces shall be restricted to those licensed, registered and insured vehicles displaying a valid parking placard between the hours of 12:30 a.m. and 4:00 a.m. beginning May 15th of the calendar year and terminating September 15th of that same calendar year.

9-17.4 Placards for Residents residing outside of the the Covered Area and Residential Taxpayers owning property outside of the Covered Area

a. Any Resident not residing in the Covered Area or Residential Taxpayer owning property not in the Covered Area, who desires a parking placard to enable them to park a vehicle in non-metered spaces in the Covered Area during the restricted period, may apply for a parking 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 each of the motor vehicles for which the applicant desires a parking pass.
b. Each Resident or Residential taxpayer outside of the Covered Area 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.

9-17.5 Duration, Restrictions and Prohibitions

a. Each parking placard shall be issued on a yearly basis no later than May 10th of each year.
b. Parking permission is subject to:
1. The parking placard shall be and remain in effect beginning May 15th of the calendar year and lasting until September 15th of the calendar year issued unless surrendered or revoked prior thereto;
2. The issuance of a parking placard shall not obligate the borough to furnish parking facilities to the holder of said parking placard.
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 placard 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 placard under this section for a period of three years;
4. No parking placard 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.

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 parking placards to a Residential Taxpayer where there are multiple dwelling units located on a property in the Covered Area 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 II. 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 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


PARKING LOTS
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
Silver Lake Parking Lot Only 24 hours per day between March 1 and October 31, every day. $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.).





No fee will be charged between the hours of 11:00 p.m. and 6:00 a.m. beginning May 15, and ending 6:00 a.m. September 15

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 Hours and Days of Meter and Pay Machine Operation

Fees
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 24 hours per day between March 1 and October 31, every day $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.).
Inlet Recreation Area Parking Lot 24 hours per day between March 1 and October 31, every day. $.25 per 10 minutes up to a maximum of 24 hours.
All other parking areas as set forth in "Streets" above
Silver Lake Parking Lot Only


As set forth above. $.25 per 10 minutes up to a maximum of 24 hours.

No fee will be charged between the hours of 11:00 p.m. and 6:00 a.m. beginning May 15, 2012 and ending 6:00 a.m. September 15.



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 upon all municipally controlled roads and other property governed by this Ordinance
SECTION VI: This Ordinance shall be effective as to all Ocean County roads only upon the approval by Ocean County with respect to Ocean County roads.

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 5th day of February 2013 and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 5th day of March 2013 at 7:30 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 February06, 2013 | New Ordinances | 1514


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