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ORDINANCE 2015-20 Residential Permit Parking Plan

ADOPTED: August 4, 2015

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, the Borough Council has decided 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, 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 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 previous Section 9-17 entitled “Penalty” Section 9-18 and creating Section 9-17 as follows:

9-17 Resident Parking Permit Program in Designated Areas:

9-17.1 Definitions and Word Usage.

“Borough” shall mean the Borough of Point Pleasant Beach.



“Covered Area” shall be defined as that area of the Borough bordered on the North by the by the South side of Broadway, on the West by the New Jersey Transit Railroad Tracks until the south side of Arnold, then the West border shall be the west side of St. Louis Avenue, on the South by the south side of Forman Avenue and on the East by the Atlantic Ocean, with the exception that no portion of Arnold or Ocean Avenues shall be subject to this Ordinance.

“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.

a. 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.

b. Commercial

1. The owner, or authorized representative, of a Commercial Entity located within the Borough 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 Borough, 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 Limited Duration Placards for Guests
a. Any Resident, Residential Taxpayer, or Commercial Entity, of the Borough, who desires parking placards to enable guests to park vehicles in non-metered spaces in the Covered Area during the restricted period for a specific day or day(s) not to exceed three days, may apply for limited duration parking placards under this section by completing a form to be provided by the Borough Administrator detailing the applicant’s name and address, the reason for the request, and the number of passes requested.
b. No such request shall be considered unless the request is received by the Administrator no less than 72 hours, not counting Saturday, Sunday and holiday hours, before the day the placard is to be effective.
c. Those who are issued a Limited Duration 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.


9-17.5 Placements 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 parking placard, except Limited Duration Placards issued pursuant to Section 9-17.4 above, 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, except Limited Duration Placards issued pursuant to Section 9-17.4 above, 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 an applicant where there are multiple dwelling units located on a property in the Covered Area, and 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 provision will be so included in Schedule A by the insertion of the following underlined language where indicated.

SCHEDULE A

PARKING LOTS

Parking Area: Silver Lake Parking Lot

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.).

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

MULTI-SPACE PARKING METER TERMINALS

Parking Area: Silver Lake Parking Lot
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.).

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

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.

NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved 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 21stth day of July, 2015, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 4th day of August, 2015, 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 any person desiring to be heard will be given an opportunity to be so heard.

______________________________
EILEEN FARRELL, RMC
Municipal Clerk


Published July22, 2015 | New Ordinances | 2149


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