ASSEMBLY, No. 1855

STATE OF NEW JERSEY

INTRODUCED MAY 2, 1996

By Assemblymen ROMANO, ARNONE, Garcia, Charles, Doria, Impreveduto and Assemblywoman Quigley

An Act concerning the issuance of driveway parking permits by counties and amending P.L.1991, c.297.

    Be It Enacted by the Senate and General Assembly of the State of New Jersey:

    1. Section 1 of P.L.1991, c.297 (C.39:4-138.3) is amended to read as follows:

    1. Notwithstanding the provisions of R.S.39:4-138 to the contrary, any municipality or county may, by ordinance or resolution, as appropriate, permit the parking of motor vehicles in front of private driveways along municipal or county roads, streets and highways, respectively controlled by that jurisdiction, whenever both the motor vehicle and driveway involved are owned by the same person, whenever the motor vehicle is owned by a member of the same household as the owner of the private driveway, or whenever the owner of the private driveway authorizes the parking of a motor vehicle in front of the private driveway; and where such parking is not otherwise prohibited and the permitting thereof would not interfere with the normal flow of traffic.

(cf: P.L.1991, c.297, s.1)

    2. Section 2 of P.L.1991, c.297 (C.39:4-138.4) is amended to read as follows:

    2. Any municipality or county enacting an ordinance or resolution, as appropriate, pursuant to section 1 of [this act] P.L.1991, c.297 (C.39:4-138.3) shall provide for the issuance of permits which authorize the parking of motor vehicles in front of private driveways and identify the location of the driveway in front of which the parking of a motor vehicle is permitted. The permits shall be issued to owners of private driveways and to members of the same household as the owner of a private driveway provided that a completed application for a permit has been filed as required by the municipality or county.

    An owner of a private driveway shall be eligible to apply for up to three permits for his own motor vehicles or for use by other parties authorized by the owner to park in front of the private driveway. Each member of the owner's household who owns a motor vehicle shall also be eligible to apply for a permit issued under this section. The permit shall be 5 1/2 inches by 8 1/2 inches in size, shall bear an appropriate certification of authenticity and shall be displayed prominently within the vehicle when it is parked so as to be seen from the middle of the street.

(cf: P.L.1991, c.297, s.2)

    3. Section 3 of P.L.1991, c.297 (C.39:4-138.5) is amended to read as follows:

    3. A motor vehicle shall not be permitted to be parked in front of a private driveway unless the owner of the private driveway or a member of the owner's household has been issued a valid permit and the permit is properly displayed, or unless the owner has authorized another party to use and display the owner's permit for parking in front of the private driveway, and the permit is valid and properly displayed. A municipality or county may, by ordinance or resolution, as appropriate, establish a fee for these permits.

(cf: P.L.1991, c.297, s.3)

    4. This act shall take effect immediately.

STATEMENT

    This bill permits counties to issue permits for homeowners to park in front of their own driveways when those driveways feed onto a county street, road or highway. Under current law only a municipality may issue such parking permits which are only effective for driveways along streets or roads under the jurisdiction of the municipality.

Authorizes counties to issue driveway parking permits along county roads, streets and highways.