Bill Text: NJ A254 | 2014-2015 | Regular Session | Introduced
Bill Title: Requires wheelchair-only handicapped parking spaces in certain parking lots.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2014-01-16 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A254 Detail]
Download: New_Jersey-2014-A254-Introduced.html
STATE OF NEW JERSEY
216th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2014 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires wheelchair-only handicapped parking spaces in certain parking lots.
CURRENT VERSION OF TEXT
Introduced Pending Technical Review by Legislative Counsel
An Act concerning wheelchair-only parking spaces, amending and supplementing various parts of the statutory law.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Whenever the State or a board, body, or parking authority creates, repaves, or repaints a parking lot with eight or more parking spaces, it shall designate a minimum of one percent of the total number of parking spaces, but not less than two parking spaces, as restricted for use only by individuals unable to ambulate without the aid of a wheelchair. These spaces shall be in addition to any parking spaces reserved for the physically handicapped pursuant to section 1 of P.L.1975, c.221 (C.52:32-11) or any other law, rule, or ordinance. The parking spaces shall conform to the following guidelines:
a. The spaces shall be provided in an area of the parking facility which is most accessible and approximate to the building or buildings which the facility serves;
b. Each space or group of spaces shall be identified, either individually or as a group, with a clearly visible sign displaying the International Symbol of Access, along with wording clearly identifying the spaces for use only by individuals unable to ambulate without the aid of a wheelchair.
c. Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto a level, paved surface suitable for wheeling and walking;
d. Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars; and
e. Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.
2. (New section) Whenever
an owner of a multiple dwelling which provides parking to the occupants
thereof, and in which a person unable to ambulate without the aid of a
wheelchair resides: creates, repaves, or repaints a parking lot with eight or
more parking spaces, it shall designate a minimum of one percent of the total
number of parking spaces, but not less than two parking spaces, as restricted
for use only by individuals unable to ambulate without the aid of a
wheelchair. These spaces shall be in addition to any parking spaces reserved
for the physically handicapped pursuant to section 1 of P.L.1985, c.280 (C.55:13A-7.3)
or any other law, rule, or ordinance. The parking spaces shall conform to
the following guidelines:
a. The spaces shall be provided in an area of the parking facility which is most accessible and approximate to the building or buildings which the facility serves;
b. Each space or group of spaces shall be identified, either individually or as a group, with a clearly visible sign displaying the International Symbol of Access, along with wording clearly identifying the spaces for use only by individuals unable to ambulate without the aid of a wheelchair.
c. Each space shall be 12 feet wide to allow room for persons in wheelchairs or on braces or crutches to get in and out of either side of an automobile onto a level, paved surface suitable for wheeling and walking;
d. Where possible, such spaces shall be located so that persons in wheelchairs or using braces or crutches are not compelled to wheel or walk behind parked cars; and
e. Where applicable, curb ramps shall be provided to permit handicapped people access from parking area to sidewalk.
3. Section 1 of P.L.1977, c.202 (C.39:4-197.5) is amended to read as follows:
1. Any municipality may, by ordinance, resolution, or regulation establish restricted parking spaces in front of residences, schools, hospitals and other public buildings and in shopping and business districts for use by persons who have been issued special vehicle identification cards by the [Division of Motor Vehicles] New Jersey Motor Vehicle Commission pursuant to the provisions of section 2 of P.L.1949, c.280 (C.39:4-205), when using a motor vehicle on which is displayed a certificate, for which a special vehicle identification card has been issued, pursuant to section 3 of said law (C.39:4-206). A municipality may also establish, by ordinance, resolution, or regulation, restricted parking spaces for use only by individuals unable to ambulate without the aid of a wheelchair.
(cf: P.L.1980, c.178, s.2)
4. Section 1 of P.L.1977, c.309 (C.39:4-197.6) is amended to read as follows:
1. Any municipality may, by ordinance, establish a restricted parking zone in front of a residence occupied by a handicapped person if a windshield placard or wheelchair symbol license plates have been issued for a vehicle owned by the handicapped person, or by another occupant of the residence who is a member of the immediate family of the handicapped person, by the [Division of Motor Vehicles] 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. A municipality may also establish, by ordinance, a restricted parking zone in front of a residence occupied by a person unable to ambulate without the aid of a wheelchair, provided such parking is not otherwise prohibited and the permitting thereof would not interfere with the normal flow of traffic.
(cf: P.L.1991, c.406, s.1)
5. (New section) The Commissioner of Transportation shall provide an educational awareness campaign informing the public about their rights and responsibilities under P.L. , c. (C. ) (pending before the Legislature as this bill).
6. This act shall take effect on the first day of the thirteenth month after enactment, but the Commissioner of Transportation may take such anticipatory administrative action in advance as shall be necessary for the timely implementation of this act.
STATEMENT
This bill would require the State, or any board, body, or parking authority to designate a minimum of one percent of the total number of parking spaces, but not less than two parking spaces, as restricted for use only by individuals unable to ambulate without the aid of a wheelchair anytime it creates, repaves, or paints a parking lot with eight or more spaces. Similarly, parking lots of multiple dwellings in which individuals who are unable to ambulate without the aid of a wheelchair reside, would have to comply with the same requirement. These "wheel-chair only" spaces would be in addition to any parking spaces already reserved for the physically handicapped under existing law. Signs displaying the International Symbol of Access, along with wording clearly identifying the spaces for use only by individuals unable to ambulate without the aid of a wheelchair, would be used to identify the new wheelchair-only spaces. In all other ways, the spaces would have to meet the same specifications as other currently required handicapped spaces.
The bill would also permit municipalities to establish wheel-chair only parking spaces in parking areas within their jurisdiction and in front of residences occupied by persons unable to ambulate without the aid of a wheelchair.
Finally, the bill would require the Commissioner of Transportation to provide an educational awareness campaign informing the public about their rights and responsibilities under the act.
