S3705

An Act concerning handicap parking spaces, supplementing Title 39 of the Revised Statutes, and amending R.S.39:4-198.

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

1. a. (New section) A person shall not place a shopping cart in a parking space which, pursuant to R.S.39:4-197, has been designated as a restricted space for use by persons with disabilities 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).

b. Any person who places a shopping cart in a restricted parking space in violation of subsection a. of this section shall be liable to a fine of $250.

c. As used in this section, "shopping cart" means those push carts of the type or types which are commonly provided by grocery stores, drug stores, or other retail mercantile establishments for the use of the public in transporting commodities in stores and markets and, incidentally, from the stores to a place outside the store.

2. R.S.39:4-198 is amended to read as follows:

39:4-198. No ordinance, resolution or regulation enacted, passed, or adopted by local authorities nor any regulation adopted by the Commissioner of Transportation under any power given by this chapter or any supplement thereto shall be effective unless due notice thereof is given to the public by placing a sign at the places where the ordinance, resolution, or regulation is effective, and by briefing its provisions on signs according to specifications contained in this chapter or as specified by the current Manual on Uniform Traffic Control Devices for streets and highways. These signs shall be so placed as to be easily read by pedestrians or operators of vehicles. Except, in the case of "No Passing" zones, in lieu of or in addition to signs, notice shall be given to the public by highway pavement markings which conform to the current Manual on Uniform Traffic Control Devices for streets and highways.

In addition to the specifications in the Manual on Uniform Traffic Control Devices, any sign erected after the effective date of P.L.1989, c.201 to notify the public that parking in a space is reserved for persons with disabilities [shall] also shall state the penalties set forth in paragraph c. of subsection (3) of R.S.39:4-197 which may be imposed for a violation. In addition, any sign erected after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) to notify the public that parking in a space is reserved for persons with disabilities shall also state the penalties for placing a shopping cart in a reserved space pursuant to P.L. , c. (C. ) (pending before the legislature as this bill). Signs which were erected prior to the effective [date] dates shall be modified within 12 months after the effective [date] dates to include the penalty information for parking in a reserved space and for placing a shopping cart in a reserved space.

It shall not be a defense to the unauthorized use of a parking space reserved for persons with disabilities pursuant to R.S.39:4-138 that the penalties set forth in paragraph c. of subsection (3) of R.S.39:4-197 were not posted or were improperly posted.

As used in this section, "shopping cart" shall have the same meaning as set forth in section 1 of P.L. , c. (C. ) (pending before the Legislature as this bill).

(cf: P.L.2017, c.131, s.165)

3. This act shall take effect immediately.

STATEMENT

This bill prohibits a person from leaving a shopping cart in a handicap parking space and imposes a fine.

Specifically, under the provisions of this bill, a person is prohibited from placing a shopping cart in a parking space which has been designated as a restricted space for use by persons who have been issued special vehicle identification cards by the New Jersey Motor Vehicle Commission. Under the bill, any person who violates this provision is liable to a fine of $250.

In addition, the bill provides that any sign erected after the bill’s effective date to notify the public that parking in a space is reserved for persons with disabilities is also required to state the penalties for placing a shopping cart in a reserved space pursuant to the bill’s provisions. The bill requires signs that were erected prior to the effective date to be modified within 12 months to include the penalty information for placing a shopping cart in a handicap parking space.