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AN ORDINANCE AMENDING TITLE 23 (STOPPING, STANDING AND PARKING), CHAPTER 23:5 (PARKING-STOPPING AND STANDING, GENERALLY) OF THE REVISED GENERAL ORDINANCES OF THE CITY OF NEWARK, NEW JERSEY, BY ADDING A NEW SECTION 23:5-17 ENTITLED "LIMITATION ON PARKING OF MOTOR VEHICLES BY CERTAIN COMMERCIAL ESTABLISHMENTS"
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WHEREAS, the City of Newark (hereinafter "City") is a municipal corporation duly organized and existing under the laws of the State of New Jersey, with the authority to enact and enforce ordinances for the health, safety, welfare, and quality of life of its residents; and
WHEREAS, the Municipal Council of the City of Newark has received numerous constituent complaints throughout the City regarding the unauthorized and extended use of on-street residential parking spaces and public sidewalks by commercial establishments, including but not limited to rental vehicle businesses, automobile dealerships, automobile repair shops, automobile paint and body repair establishments, and vehicle maintenance shops; and
WHEREAS, residents in neighborhoods across Newark have reported that commercial establishments have systematically occupied public parking spaces and sidewalks in residential areas to store inventory vehicles, fleet vehicles, and shop vehicles belonging to their customers, thereby depriving residents of reasonable access to on-street parking near their homes and safe passage along public sidewalks; and
WHEREAS, such occupation of residential parking spaces and sidewalks by commercial vehicles has created a public nuisance and has unreasonably burdened residents who rely upon on-street parking for personal use and who depend upon unobstructed sidewalks for pedestrian access, causing significant inconvenience, frustration, and hardship, and posing safety risks particularly to persons with disabilities, the elderly, and children; and
WHEREAS, the City has determined that certain commercial establishments, including automobile dealerships, automobile repair shops, automobile paint and body repair establishments, and vehicle maintenance shops, are using public streets and sidewalks as a free extension of their business premises for the purpose of storing inventory vehicles and shop vehicles, which is an improper use of the public right-of-way not intended to serve general vehicular traffic or pedestrian passage; and
WHEREAS, the Municipal Council finds that the use of residential and public on-street parking spaces and sidewalks by commercial establishments to store, park, idle, or otherwise maintain inventory vehicles and shop vehicles is contrary to the public interest and the health, safety, and general welfare of City residents; and
WHEREAS, the Municipal Council further finds that streets and blocks most severely impacted by the unauthorized occupation of on-street parking by commercial establishments are deserving of priority designation as Residential Permit Parking areas, so as to restore and protect on-street parking access for residents of those affected areas; and
WHEREAS, the Municipal Council has determined that it is necessary and appropriate to amend Title 23, Chapter 23:5 of the Revised General Ordinances of the City of Newark to add a new section expressly prohibiting commercial establishments from parking, storing, idling, or otherwise maintaining inventory vehicles and shop vehicles on any public street or sidewalk within the City, and to provide for appropriate civil penalties and enforcement mechanisms to deter such violations, and to authorize the prioritization of affected residential areas for Residential Permit Parking designation; and
WHEREAS, the Municipal Council finds that the establishment of civil penalties, impoundment authority, license revocation for repeat offenders, Residential Permit Parking priority designation, and related remedies are reasonable and necessary to ensure compliance with this Ordinance and to protect the rights and quality of life of Newark residents;
NOW, THEREFORE, BE IT ORDAINED by the Municipal Council of the City of Newark, New Jersey, as follows:
SECTION 1. FINDINGS AND PURPOSE.
The Municipal Council hereby finds and declares that the occupation of public on-street parking spaces and sidewalks by commercial establishments for the purpose of storing inventory vehicles and shop vehicles constitutes an inappropriate and unlawful use of public streets and rights-of-way. The purpose of this Ordinance is to protect residential neighborhoods, ensure equitable access to on-street parking for City residents, preserve safe and unobstructed sidewalk passage for pedestrians, provide for the prioritization of affected residential blocks for Residential Permit Parking designation, and promote the health, safety, and welfare of the public.
SECTION 2. AMENDMENT TO TITLE 23, CHAPTER 23:5.
Title 23 (Stopping, Standing and Parking), Chapter 23:5 (Parking-Stopping and Standing, Generally) of the Revised General Ordinances of the City of Newark is hereby amended by adding a new Section 23:5-17 to read as follows:
23:5-17 Limitation on Parking of Motor Vehicles by Certain Commercial Establishments.
a. Definitions. For purposes of this section, the following terms shall have the meanings set forth below:
Automobile dealership. The term "automobile dealership" shall mean those uses that provide for the sale of new or used automobiles, small trucks or vans, trailers, motorcycles, or recreational vehicles, and including any vehicle preparation, warranty, or repair work conducted as an accessory use. As used in this Code, the term "automobile dealership" is synonymous with "motor vehicle dealer."
Automobile paint and body repair shop. The term "automobile paint and body repair shop" shall mean those establishments which provide wrecker service; collision services including body frame or fender straightening; customizing; vehicle steam cleaning; undercoating and rust proofing; or repair and painting of the exterior or interior of vehicles by spraying, dipping, flow-coating, or similar means; and other similar uses. Automobile paint and body repair may also include diagnostic services and general repair associated with automobile repair shops.
Automobile repair shop. The term "automobile repair shop" shall mean a facility for the servicing or minor mechanical repair of motor vehicles. This use may include the retail sale of lubricating oils, tires, or parts for use in motor vehicles. This use does not include as its primary function the disassembly, rebuilding, and replacement of motor vehicle engines, transmissions, or other major machinery components, nor auto body repair or painting.
Commercial establishment. The term "commercial establishment" means any person engaged in any commercial or business activity within the City of Newark, including but not limited to automobile dealerships, automobile paint and body repair shops, automobile repair shops, rental vehicle businesses, and vehicle maintenance shops.
Inventory vehicle. The term "inventory vehicle" means any motor vehicle that is owned, leased, or otherwise under the control of a commercial establishment and is held for sale, lease, or rental as part of the commercial establishment's business operations, including but not limited to vehicles held by automobile dealerships and rental vehicle businesses.
Person. The term "person" means a natural person, co-partnership, firm, company, association, joint stock association, corporation or other like organization.
Rental vehicle business. The term "rental vehicle business" means any commercial establishment engaged in the business of renting or leasing motor vehicles to the public.
Residential Permit Parking area. The term "Residential Permit Parking area" means a block face or contiguous group of block faces designated by the City of Newark pursuant to applicable ordinance and regulation as an area in which on-street parking is restricted to residents holding a valid residential parking permit issued by the City, and others as may be authorized by applicable law.
Shop vehicle. The term "shop vehicle" means a motor vehicle that is in the possession of or is being operated at the direction of a commercial establishment for the purpose of maintenance, service or repair, but is not owned by such commercial establishment.
Sidewalk. The term "sidewalk" means that portion of a street between the curb lines or the lateral lines of a roadway and the adjacent property lines, intended for use by pedestrians.
Vehicle maintenance shop. The term "vehicle maintenance shop" means any person who for compensation, is wholly or partially engaged in the business of performing vehicle maintenance such as fueling, changing oil, batteries or tires, replacing fan belts, air filters or oil filters, installing windshield wiper blades or light bulbs, or such other minor repair and servicing functions.
b. It shall be unlawful for any commercial establishment to park, store, idle or otherwise maintain on any street or sidewalk any inventory vehicle or shop vehicle.
c. Any owner of a commercial establishment found to be in violation of this section is liable for a civil penalty of not less than $250 and not more than $400. For purposes of this section, every day that any single inventory vehicle or shop vehicle is parked, stored, idled or otherwise maintained in violation of this section shall be considered a separate violation.
d. Where an owner or lessee of a motor vehicle, other than a commercial establishment, receives a summons for a violation of subdivision b, it is an affirmative defense that such motor vehicle was in the possession of or operated at the direction of a commercial establishment at the time of the violation alleged in the summons.
e. Any inventory vehicle that is parked, stored, idled or otherwise maintained in violation of subdivision b of this section is subject to impoundment. Any inventory vehicle impounded pursuant to this subdivision shall not be released until all applicable towing and storage fees have been paid. The Public Safety Director or his designee may promulgate rules concerning the procedure for the impoundment and release of inventory vehicles pursuant to this subdivision.
f. Repeat Offenders; License Revocation. Any owner of a commercial establishment who has been found liable for three or more violations of item b of this section within any consecutive twelve-month period shall be deemed a repeat offender. Upon a finding that a commercial establishment owner is a repeat offender, the City official or agency as may be designated by the Mayor, shall be authorized to suspend or revoke any municipal license, permit, or certificate of occupancy issued to such commercial establishment. Notice of the proposed suspension or revocation shall be provided to the owner of the commercial establishment not less than ten days prior to revocation. The suspension or revocation of any license, permit, or certificate of occupancy pursuant to this section shall not relieve the owner of any commercial establishment of liability for any civil penalties or fees imposed under this section.
g. Priority Designation of Affected Areas as Residential Permit Parking Areas. Any block face or contiguous group of block faces within the City of Newark that has been the subject of a pattern of verified violations of subdivision b of this section, as demonstrated by three or more summonses issued on such block face or contiguous block faces within any consecutive twelve-month period, shall be eligible for priority consideration for designation as a Residential Permit Parking area. The director or commissioner of the City department or agency responsible for administration of residential parking permits, or such other official as may be designated by the Mayor, shall, upon receipt of a written request from any affected resident or upon the director's or commissioner's own initiative, conduct a review of such block face or contiguous block faces and shall give priority to such area in any pending or future Residential Permit Parking designation proceedings. Nothing in this subdivision shall be construed to limit the City's authority to designate Residential Permit Parking areas pursuant to any other applicable ordinance or regulation, nor to create an entitlement to such designation in any particular area.
h. The penalties and fees provided for in this section shall be in addition to any other penalties, fees or remedies provided by law or regulation.
SECTION 3. SEVERABILITY.
If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
SECTION 4. REPEALER.
All ordinances or parts of ordinances inconsistent with or in conflict with the provisions of this Ordinance are hereby repealed to the extent of such inconsistency or conflict.
SECTION 5. CODIFICATION.
This Ordinance shall be a part of the Code of the City of Newark as though codified and fully set forth therein. The City Clerk shall have this Ordinance codified and incorporated in the official copies of the Code. The City Clerk and the Corporation Counsel are authorized and directed to change any Chapter, Article and/or Section number of the Code of the City of Newark in the event that the codification of this Ordinance reveals that there is a conflict between the numbers and the existing Code, and in order to avoid confusion and possible accidental repealers of existing provisions not intended to be repealed.
SECTION 6. EFFECTIVE DATE.
This Ordinance shall take effect upon final passage and publication in accordance with the laws of the State of New Jersey.
STATEMENT
This Ordinance amends Title 23 (Stopping, Standing and Parking), Chapter 23:5 (Parking-Stopping and Standing, Generally) of the Revised General Ordinances of the City of Newark by adding a new Section 23:5-17, entitled "Limitation on Parking of Motor Vehicles by Certain Commercial Establishments."