Bill Text: NJ S870 | 2010-2011 | Regular Session | Introduced
Bill Title: Permits waiving of illegal parking charges in certain cases.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-02-22 - Received in the Assembly, Referred to Assembly Transportation, Public Works and Independent Authorities Committee [S870 Detail]
Download: New_Jersey-2010-S870-Introduced.html
Sponsored by:
Senator CHRISTOPHER J. CONNORS
District 9 (Atlantic, Burlington and Ocean)
SYNOPSIS
Permits waiving of illegal parking charges in certain cases.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning handicapped parking and amending R.S.39:4-197.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. R.S.39:4-197 is amended to read as follows:
39:4-197. Except as otherwise provided in R.S.39:4-8, no municipality shall pass an ordinance or resolution on a matter covered by or which alters or in any way nullifies the provisions of this chapter or any supplement to this chapter; except that a municipality may pass, without the approval of the commissioner, and consistent with the current standards prescribed by the Manual on Uniform Traffic Control Devices for Streets and Highways, ordinances or resolutions, or by ordinances or resolutions may authorize the adoption of regulations by the board, body, or official having control of traffic in the public streets, regulating special conditions existent in the municipality on the subjects and within the limitations following:
(1) Ordinance:
a. Altering speed limitations as provided in R.S.39:4-98;
b. Limiting use of streets to certain class of vehicles, except that nothing in this paragraph shall permit a municipality to pass an ordinance or resolution limiting use of streets by commercial motor vehicles without the approval of the commissioner;
c. Designating one-way streets;
d. Regulating the stopping or starting of street cars at special places, such as railroad stations, public squares or in front of certain public buildings;
e. Regulating the passage or stopping of traffic at certain congested street corners or other designated points, including the establishment of multi-way stop controls;
f. Regulating the parking of vehicles on streets and portions thereof, including angle parking as provided in R.S.39:4-135;
g. Regulating the parking of vehicles upon land owned or leased and maintained by the municipality, a parking authority or the board of education of a school district, including any lands devoted to the public parking of vehicles, the entrances thereto and exits therefrom;
h. Regulating the entrances to and exits from parking yards and parking places which are open to the public or to which the public is invited, except that this shall not apply to entrances or exits to and from State highways;
i. Designating streets or roads upon which buses and trucks over four tons gross weight may be required not to exceed specially fixed limits based on engineering and traffic investigation and to use a lower gear in descending steep declivities having a grade in excess of 5% fixing such special speed limits and providing for the use of such a gear thereon; and
j. Designating any intersection as a stop intersection and erecting appropriate signs, on streets under municipal jurisdiction if that intersection is located within 500 feet of a school, or of a playground or youth recreational facility and the street on which the stop sign will be erected is contiguous to that school, playground, or youth recreational facility. The municipal engineer shall certify to the following in regard to the designated site in which a stop intersection is being designated: (i) that both intersecting streets are under municipal jurisdiction; (ii) that the intersection is within 500 feet of a school, playground, or youth recreational facility as defined herein; and (iii) that the intersection is on a street contiguous to a school, playground, or youth recreational facility. A claim against a municipality for damage or injury under this subparagraph for a wrongful act or omission shall be dismissed if the municipality is deemed to have conformed to the provisions contained in this subparagraph.
(2) Ordinance or resolution:
a. Designating through streets, as provided in article 17 of this chapter (R.S.39:4-140 et seq.); and
b. Designating and providing for the maintenance as "no passing" zones of portions of highway where overtaking and passing or driving to the left of the roadway is deemed especially hazardous.
(3) Ordinance, resolution, or regulation:
a. Designating stops, stations, or stands for omnibuses and taxis;
b. Designating curb loading zones; and
c. Designating restricted parking spaces for use by persons who have been issued special vehicle identification cards by the New Jersey Motor Vehicle Commission pursuant to the provisions of P.L.1949, c.280 (C.39:4-204 et seq.) and section 1 of P.L.1977, c.202 (C.39:4-197.5). Any person parking a motor vehicle in a restricted parking space without a special vehicle identification card shall be liable to a fine of $250 for the first offense and, for subsequent offenses, a fine of at least $250 and up to 90 days' community service on such terms and in such form as the court shall deem appropriate, or any combination thereof; provided, however, if the person charged with a violation of this subsection can exhibit a placard issued by the motor vehicle commission or a temporary placard issued by the chief law enforcement officer of a municipality, pursuant to P.L. 1949, c.280 (C.39:4-204 et seq.), that was valid on the day the violation occurred to the judge of the municipal court before whom he is summoned to answer the charge, the judge may dismiss the charge. The judge, however, may impose court costs.
(cf: P.L.2008, c.110, s.2)
2. This act shall take effect on the first day of the third month following enactment.
STATEMENT
This bill would permit the court to dismiss a charge of illegally parking in a handicapped parking space if the person charged can exhibit to the judge a handicapped parking placard that was valid on the day the summons was written.
On occasion, handicapped parking placards become dislodged, fall off the dashboard or are misplaced in a motor vehicle. Consequently, persons who are lawfully entitled to park in handicapped spaces are sometimes issued tickets for illegally parking.
This bill would permit municipal court judges to dismiss such charges if the person who was issued the summons can exhibit a handicapped parking placard that was valid on the day the ticket was issued. The bill does provide, however, that even if the charge is dismissed, the court may impose court costs.
The provisions of this bill are modeled on the provisions of R.S.39:3-29 which permits the court to dismiss the charges of driving without a driver's license, insurance card or registration certificate if the person can exhibit copies of those documents that were valid on the day the charges were filed.
