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ORDINANCE 2017-14 Creation of Parking Services Agency

DEFEATED: August 1, 2017

AN ORDINANCE OF THE BOROUGH OF POINT PLEASANT BEACH, COUNTY OF OCEAN, STATE OF NEW JERSEY, AMENDING THE BOROUGH CODE AND CREATING A PARKING SERVICES AGENCY IN THE BOROUGH
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WHEREAS, the Borough of Point Pleasant Beach, in the County of Ocean and State of New Jersey (the “Borough”) has heretofore created and is contemporaneously with the adoption of this ordinance dissolving the Parking Authority of the Borough of Point Pleasant Beach, New Jersey (the “Parking Authority”); and

WHEREAS, in accordance with N.J.S.A. 2B:12-30 the Administrative Office of the Courts of the State of New Jersey provided for the procurement and maintenance of hand held data entry devices and related equipment for use by the New Jersey parking authorities or agencies in connection with the Parking Authority Tickets System (the “PATs System”); and

WHEREAS, the Parking Authority participated in the PATs System and the continued viability of the PATs System in the Borough is essential to the administration of parking enforcement in the Borough; and

WHEREAS, the Borough desires that, effective immediately upon the dissolution of the Parking Authority, the PATs System in the Borough will be continued under the supervision of the Parking Services Agency which is hereby created in the Borough as an agency of the Borough.

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

SECTION I.

Section 2-10 of the Borough Code entitled “Department of Police and Emergency Management,” at subsection 2-10.1 entitled “Police Department,” part a, entitled “Composition” is hereby amended to delete the reference therein to “parking enforcement officers.”

SECTION II.

Section 2-21 of the Borough Code of the Borough, entitled “Parking Authority,” is hereby deleted in its entirety and is replaced with the following Section 2-21, to be titled “Parking Services Agency":

2-21 Parking Services Agency.

2-21.1 Created.

There shall be a Department of the Borough to be known as the “Parking Services Agency.” The Parking Services Agency shall have oversight over and control of the Borough's parking system that consists of on-street parking and parking within lots, as well as equipment owned, leased or otherwise under the control of the Borough of Point Pleasant Beach.

2-21.2 Function of Agency.

The functions of the Department shall be to manage parking within the Borough, including, but not necessarily limited to, on-street parking and parking within Borough lots, as well as any equipment owned, leased or otherwise under the control of the Borough of Point Pleasant Beach and used for parking regulation enforcement.

2-21.3 Officers and Employees.

The Parking Services Agency shall be managed by the Parking Agency Supervisor who will report to the Borough Administrator. The Department shall include the Parking Agency Supervisor, Parking Enforcement Officers and such additional support, maintenance and enforcement staff as may be approved from time to time by the governing body upon at the recommendation of the Administrator.

2-21.4 Enforcement Responsibilities.

Enforcement of parking regulations in the Borough, including but not limited to time limits and general prohibitions, shall be by the Parking Agency Supervisor, if qualified and trained as all other Parking Enforcement Officers, the Parking Enforcement Officers and Borough Police Officers.
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2-21.5 Positions Established.

1. There is hereby established the position of Parking Agency Supervisor for the Borough of Point Pleasant Beach.

2. Pursuant to N.J.S.A.40A:9-154.7, there is hereby established the positions of Parking Enforcement Officers for the Borough of Point Pleasant Beach. Parking Enforcement Officers shall have the full power and authority to issue parking tickets, serve and execute process for any parking offence and to cause any vehicle to be towed to the full extent permitted by subsections (a), (b) and (c) of N.J.S.A.40A:9-154.7.

2-21.6 Appointment, Term of Office and compensation.

1. The Parking Agency Supervisor shall be hired by the Borough Administrator with the approval of the Borough Council.

2. Parking Enforcement Officers shall be hired by the Borough Administrator with the approval of the Borough Council and shall serve in those positions as part-time, seasonal, hourly employees. The salary schedule for the position of Parking Enforcement Officers is as follows:
Parking Enforcement Officer

one (1) thru two (2) years $8.73 per hour
two (2) thru four (4) years $8.94 per hour
five (5) years and longer $9.96 per hour

2-21.7 Qualifications.

1. The Parking Agency Supervisor must have at least three (3) years of work experience with the Borough of Point Pleasant Beach, or another comparable governmental unit, and must be familiar with the parking regulations in the Borough, and must possess the administrative and organizational skills to oversee employees involved in the efficient enforcement of the parking regulations of the Borough.

2. Parking Enforcement Officers minimum qualifications for appointment shall be as prescribed by N.J.S.A. 40A:9-154.9. The Police Department of the Borough shall continue to assist in the hiring and training of Parking Enforcement Officers, including assistance with the fingerprinting of applicants for Parking Enforcement Officers as required by N.J.S.A. 40A:9-154.10(a) and, as required by N.J.S.A. 40A:9-154.10(a), the Chief of Police or other chief law enforcement officer of the Borough shall ascertain the eligibility and qualification of applicants for Parking Enforcement Officers and shall report these determination in writing to the governing body of the Borough with a copy to the Parking Agency Supervisor and the Borough Administrator.

2-21.8 Duties.

1. The Parking Agency Supervisor shall (a) be responsible for the management of the Department, its employees, facilities and equipment, including assigning tasks to employees; (b) coordinate with the Police Department in the instruction of Parking Enforcement Officers; (c) assign staff in all matters related to the enforcement of parking regulations, the issuing of parking tickets and the preparation of related reports and records; and (d) coordinate with the Public Works Department and the Parking Meter Supervisor to establish, develop and implement work plans and procedures for the installation, maintenance, inspection, repair and removal of parking meters and kiosks.




2-21.9 Not Members of Police Department
Neither the Parking Agency Supervisor nor any Parking Enforcement Officers, by virtue of their appointment, shall be or become a member of the Borough of Point Pleasant Beach’s Police Department.

2-21.10 Parking Advisory Committee
There is hereby established a Parking Advisory Committee which shall consist of three(3) regular members, and an alternate member, to be appointed by the Mayor with the advice and consent of the Borough Council, for a term of one (1) year, with the initial membership terminating on the succeeding January 1 after appointment. The Parking Advisory Committee shall select from among its regular members a chairman to act as presiding officer and a vice chairman to serve as presiding officer in the absence of the chairman. The Parking Agency Supervisor shall serve as secretary of the Parking Advisory Committee and shall maintain minutes of all meetings of the Parking Advisory Committee and shall provide a copy thereof to the Borough Administrator and the Governing Body of the Borough. The Parking Advisory Committee shall meet quarterly or more or less frequently as the Committee may determine to review the management and maintenance of the on-street parking and parking lots within the Borough and shall provide advice as to the management and maintenance thereof.


SECTION III.

Subsection 2-23.4 of the Borough Code of the Borough, relating to the composition of the police department of the Borough, is hereby amended to delete the salary schedule for Parking Enforcement personnel contained therein.


SECTION IV.

Section 10-1 of the Borough Code is hereby amended to delete the phrase “in accordance with the terms of an agreement between the Borough of Point Pleasant Beach and the Parking Authority of the Borough of Point Pleasant Beach dated November 25, 1958.”


SECTION V.

Subsection 10-2.2 of the Borough Code is hereby amended to delete the phrase “parking authority or.”





SECTION VI.

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

SECTION VII.

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 VIII.
This Ordinance shall take effect immediately upon its final passage and publication as required by law.


Approved this ___ day of ________, 2017:


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Borough of Point Pleasant Beach
Stephen D. Reid, Mayor




NOTICE

NOTICE IS HEREBY GIVEN that the foregoing Ordinance was introduced and approved on first reading at the regular meeting of the Governing Body of the Borough of Point Pleasant Beach, in the County of Ocean, held on the 30th day of May, 2017 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 August, 2017 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 May31, 2017 | New Ordinances | 2577


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