Bill Text: NJ A365 | 2020-2021 | Regular Session | Introduced
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) 2020-01-14 - Introduced, Referred to Assembly Transportation and Independent Authorities Committee [A365 Detail]
Download: New_Jersey-2020-A365-Introduced.html
STATE OF NEW JERSEY
219th LEGISLATURE
PRE-FILED FOR INTRODUCTION IN THE 2020 SESSION
Sponsored by:
Assemblyman SEAN T. KEAN
District 30 (Monmouth and Ocean)
Assemblywoman SERENA DIMASO
District 13 (Monmouth)
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
Introduced Pending Technical Review by Legislative Counsel.
An Act concerning wheelchair-only parking spaces, amending P.L.1977, c.202 and P.L.1977, c.309, and supplementing Title 27 of the Revised Statutes and Title 52 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. (New section) Each parking facility constructed in this State after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) that contains eight or more regular parking spaces shall designate a minimum of one percent of the total number of parking spaces, but not less than one parking space, 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.1975, c.221 (C.52:32-11) or any other law, rule, or ordinance. Except for parking facilities adjacent to multiple dwelling units, these parking spaces shall be reserved between the hours of 8:00 a.m. and 8:00 p.m. exclusively for 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. For 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. 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 and 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 ordinance;
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 and indicating the hours of such restriction, where appropriate;
c. Each space shall be 12 feet wide to allow room for persons in wheelchairs to get in and out of either side of an automobile onto a level, paved surface suitable for wheeling;
d. Where possible, such spaces shall be located so that persons in wheelchairs are not compelled to wheel behind parked cars; and
e. Where applicable, curb ramps shall be provided to permit persons with a disability access from the parking area to the sidewalk.
2. 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] P.L.1949, c.280 (C.39:4-206). In addition to the reserved parking spaces required pursuant to section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill), 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)
3. 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)
4. (New section) The Commissioner of Transportation shall establish an educational awareness campaign informing the public about the public's rights and responsibilities under P.L. , c. (C. ) (pending before the Legislature as this bill).
5. 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 requires that each parking facility constructed in the State after the effective date of the bill that contains eight or more regular parking spaces designate a minimum of one percent of the total number of parking spaces, but not less than one parking space, as restricted for use only by individuals unable to ambulate without the aid of a wheelchair. For parking facilities adjacent to multiple dwellings, the parking spaces are to be reserved 24 hours per day for the exclusive use of individuals unable to ambulate without the aid of a wheelchair. For all other parking facilities, these parking spaces are limited exclusively to users of wheelchairs from 8:00 a.m. to 8:00 p.m. Outside of these hours, persons with a disability and in possession of the appropriate parking placard or license plates are permitted to use the parking spaces.
The spaces required by the bill are in addition to any parking spaces reserved for persons with a disability under existing law and are to be provided in closer proximity to buildings than the parking spaces reserved for persons with a disability 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, are to be used to identify the new spaces. In all other ways, the spaces are required to meet the same specifications under current law as other spaces reserved for persons with a disability.
The bill permits municipalities to establish parking spaces reserved exclusively for users of wheelchairs in parking areas within their jurisdiction that are in addition to the spaces required under the bill and in front of residences occupied by persons unable to ambulate without the aid of a wheelchair.
The bill requires the Commissioner of Transportation to establish an educational awareness campaign informing the public of its rights and responsibilities under the bill.
