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ORDINANCE 2016-04 Amend Parking Plan to Include Fisherman Passes

ADOPTED: March 1, 2106

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH,
COUNTY OF OCEAN AND STATE OF NEW JERSEY, AMENDING ORDINANCE
2015-20 TO PERMIT ALL RESIDENTS NOT IN THE COVERED AREA AND ALL HOLDERS OF A VALID SALTWATER RECREATIONAL REGISTRY PROGRAM CERTIFICATE ISSUED BY THE STATE OF NEW JERSEY DEPARTMENT OF ENVIRONMENTAL PROTECTION DIVISION OF FISH AND WILDLIFE – MARINE FISHERIES DIVISION TO APPLY FOR A PARKING PLACARD GOOD FOR THE ENTIRE YEAR OF ISSUE
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WHEREAS, the Borough Council of the Borough of Point Pleasant Beach determined to improve the quality of life of residents of the Borough and passed Ordinance 2015-20 to further this purpose; and
WHEREAS, a lawsuit was filed challenging Ordinance 2015-20 by recreational fisherman and others; and
WHEREAS, the Borough Council is desirous of resolving the litigation in a way that serves the Borough’s desire to improve the quality of life of residents of the Borough and preserves the ability of recreational fisherman to enjoy the waterways in and around the Borough; and
WHEREAS, the Borough Council finds and determines after members of the Governing Body and Counsel met with Counsel for those challenging the ordinance that it is advisable to resolve the litigation by amending Ordinance 2015-20 to permit all residents not in the covered area and all holders of a valid Saltwater Recreational Registry Program Certificate issued by the State of New Jersey Department of Environmental Protection Division of Fish And Wildlife – Marine Fisheries Division to apply for a parking placard good for the entire year of issue;

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 adding the following new section as section 2 under section 19-17.2 (a) entitled Issuance of Parking Placard, Residential as follows:


9-17.2 Issuance of Parking Placard.

a. Residential

1. [No Change]

2.
i. Every Resident and Residential Taxpayer of the Borough who is not entitled to 5 placards as described in Section 9-17.2 (a)(1) above and anyone holding a valid Saltwater Recreational Registry Program Certificate issued by the State of New Jersey Department of Environmental Protection Division of Fish and Wildlife – Marine Fisheries Division may apply for a placard under this section, 19-17.2(a)(2) by completing a form to be provided by the Borough Administrator detailing the applicant’s name and address, and for those holding the above described Certificate, the Certificate Registration Number.

ii. Any placard issued under this section to a Certificate holder shall only be valid while engaged in recreational fishing activities.

iii. All placards issued under this section shall be displayed conspicuously on the driver’s side dashboard. The placards shall be numbered such that each placard may be associated with the individual to whom it was issued.

SECTION II. 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 III. All ordinances or parts thereof, which are inconsistent with the provisions of this Ordinance, are hereby repealed to the extent of their inconsistencies.

SECTION IV. 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 16th day of February, 2016, and will be considered for second reading and final passage at the regular meeting of said governing body to be held on the 1st day of March, 2016, 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 February17, 2016 | New Ordinances | 2273


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