Bill Text: NJ A272 | 2018-2019 | Regular Session | Amended
Bill Title: Requires provision of parking spaces reserved exclusively for persons unable to ambulate without aid of wheelchair in certain parking facilities.*
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2018-02-01 - Reported out of Assembly Comm. with Amendments, 2nd Reading [A272 Detail]
Download: New_Jersey-2018-A272-Amended.html
ASSEMBLY, No. 272
STATE OF NEW JERSEY
218th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2018 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
SYNOPSIS
Requires provision of parking spaces reserved exclusively for persons unable to ambulate without aid of wheelchair in certain parking facilities.
CURRENT VERSION OF TEXT
As reported by the Assembly Transportation and Independent Authorities Committee on February 1, 2018, with amendments.
An Act concerning wheelchair-only parking spaces, amending 1P.L.1977, c.202 and P.L.1977, c.309,1 and supplementing 1[various parts of the statutory law] Title 27 of the Revised Statutes and Title 52 of the Revised Statutes1.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) 1[Whenever the State or a board, body, or parking authority creates, repaves, or repaints a] Each1 parking 1[lot with] facility constructed in this State after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) that contains1 eight or more regular parking spaces 1[, it]1 shall designate a minimum of one percent of the total number of parking spaces, but not less than 1[two] one1 parking 1[spaces] space1, 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 1[the]1 persons with a disability pursuant to section 1 of P.L.1975, c.221 (C.52:32-11) or any other law, rule, or ordinance. 1[Between the hours of 8:00 a.m. to 8:00 p.m., wheelchair-only] Except for parking facilities adjacent to multiple dwelling units, these1 parking spaces shall be 1[limited to] reserved between the hours of 8:00 a.m. and 8:00 p.m. exclusively for1 individuals unable to ambulate without the aid of a wheelchair. Outside of these hours, any person who has been issued a windshield placard or wheelchair symbol license plates pursuant to P.L.1949, c.280 (C.39:4-204 et seq.) may use the parking spaces. 1For parking facilities adjacent to multiple dwelling units, the parking spaces required pursuant to P.L. , c. (C. ) (pending before the Legislature as this bill) shall be reserved 24 hours per day exclusively for individuals unable to ambulate without the aid of a wheelchair.1 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 1and shall be provided in closer proximity to the building or buildings which the facility serves than the parking spaces reserved for persons with a disability pursuant to P.L.1975, c.221 (C.52:32-11 et seq.), section 1 of P.L.1985, c.280 (C.55:13A-7.3), or any other law, rule, or ordinance1;
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 1and indicating the hours of such restriction, where appropriate1;
c. Each space shall be 12 feet wide to allow room for persons in wheelchairs 1[or on braces or crutches]1 to get in and out of either side of an automobile onto a level, paved surface suitable for wheeling 1[and walking]1;
d. Where possible, such spaces shall be located so that persons in wheelchairs 1[or using braces or crutches]1 are not compelled to wheel 1[or walk]1 behind parked cars; and
e. Where applicable, curb ramps shall be provided to permit persons with a disability access from 1the1 parking area to 1the1 sidewalk.
1[2. (New section) Whenever the owner of a multiple dwelling in which a person unable to ambulate without the aid of a wheelchair resides and which provides parking to the occupants creates, repaves, or repaints a parking lot with eight or more parking spaces, the owner 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 persons with a disability 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 persons with a disability access from parking area to sidewalk.]1
1[3.] 2.1 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, resolution1,1 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 1[said law] P.L.1949, c.2801 (C.39:4-206). 1[A] In addition to the reserved parking spaces required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), a1 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)
1[4.] 3.1 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 person with a disability if a windshield placard or wheelchair symbol license plates have been issued 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. 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 would not interfere with the normal flow of traffic.
(cf: P.L.2017, c.131, s.158)
1[5.] 4.1 (New section) The Commissioner of Transportation shall 1[provide] establish1 an educational awareness campaign informing the public about 1[their] the public's1 rights and responsibilities under P.L. , c. (C. ) (pending before the Legislature as this bill).
1[6.] 5.1 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.
