Sponsored by:
Assemblywoman CAROL A. MURPHY
District 7 (Burlington)
SYNOPSIS
Allows municipality to establish reserved parking zone on property adjacent to disabled person's residence.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning parking reserved for persons with a disability and amending P.L.1977, c.309.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.1977, c.309 (C.39:4-197.6) is amended to read as follows:
1. [Any] The governing body of a municipality may[, by ordinance,] establish , by ordinance, a restricted parking zone in front of a residence occupied by a person with a disability if a windshield placard or wheelchair symbol license plates have been issued by the chief administrator pursuant to P.L.1949, c.280 (C.39:4-204 et seq.) for a vehicle owned by the person with a disability, or by another occupant of the residence who is a member of the immediate family of the person with a disability[, by the New Jersey Motor Vehicle Commission pursuant to the provisions of P.L.1949, c.280 (C.39:4-204 et seq.)], provided such parking is not otherwise prohibited and the permitting thereof would not interfere with the normal flow of traffic. If the governing body determines that establishing a restricted parking zone in front of the residence occupied by a person with a disability is prohibited by law or would interfere with the flow of traffic, the governing body may establish, by ordinance, a restricted parking zone in front of property located directly adjacent to the residence occupied by a person with a disability, upon receiving written consent from the adjacent property owner. The chief administrator shall prescribe a standard consent form which may be submitted by an adjacent property owner to the governing body prior to the establishment of a restricted parking zone.
Each standard consent form shall expire two years from the date of approval by the chief administrator, or upon the sale of the adjacent property by the owner, whichever occurs earlier, at which time the restricted parking zone may be converted to regular parking. Upon expiration, the adjacent property owner may request that the restricted parking zone remain in front of the adjacent property by renewing the standard consent form every two years in the same manner and subject to the same conditions as in the case of the original application.
(cf: P.L.2017, c.131, s.158)
2. This act shall take effect on the first day of the fourth month following enactment, but the chief administrator may take any anticipatory administrative action in advance thereof as shall be necessary for the implementation of this act.
STATEMENT
Under current law, municipalities are authorized to establish restricted parking zones in front of the home of a resident with a disability who has been issued a wheel chair license plate or hanging placard. This bill permits a municipality to establish a restricted parking zone in front of a neighboring residence if the placement of a parking zone in front of the disabled resident's home is prohibited by law or would interfere with the flow of traffic. The municipality is required to receive the neighboring property owner's consent prior to establishing the parking zone.
The bill requires the Chief Administrator of the New Jersey Motor Vehicle Commission to prescribe a standard consent form which may be submitted by the neighboring property owner to the governing body prior to the establishment of a restricted parking zone. The consent form is set to expire every two years from the date of approval by the chief administrator or upon the sale of the adjacent property, at which time the restricted parking zone may be converted back to regular parking. The bill grants the adjacent property owner the option to renew the consent form and reinstate the restricted parking zone every two years.
In addition this bill amends section 1 of P.L.1977, c.309 (C.39:4-197.6) to replace the outdated term "handicapped" with the preferred phrase, "person with a disability."