handicapped parking enforcement-condo property

[dontblameabused]

What is the name of your state (only U.S. law)? NJ
I tried checking with my local PD....I had been told about 10 years ago that they had standing permission to enforce HC parking on the property. Now they tell me they don't have a clue.

Can the PD in fact use standing permission?
As a unit (property) owner can I invite them on the property to enforce the parking?
Would a renter be able to invite them on the property?
Do they actually need permission at all?

The parking lot is residents only. I don't know if the handicapped parking is limited to residents or not. I have never been able to find out. If its not-would it be considered public access (for visitors)?

Our condo board is bunch of criminals themselves....even if they were willing....to get them to grant permission at that moment...i would have to leave a voice mail--which they don't get for hours**************.which means HC parking in not enforceable most of the time.

a citation to the actual law would be very helpful.

TO CLARIFY--I AM THE ONE MAKING THE COMPLAINT. NOT THE ONE ILLEGALLY PARKED.

 

[OHRoadwarrior]

By law police can enforce handicapped parking on private property C.39:4-138.o.

http://www.njlaws.com/39-4-138.html?id=3124&a=

 

[justalayman]

the specific pertinent section from OHRoadwarriors link:

39:4-138 Places where parking prohibited; exceptions; moving vehicle not under ones control into prohibited area.

o.In any space on public or private property appropriately marked for vehicles for the physically handicapped pursuant to P.L.1977, c.202 (C.39:4-197.5), P.L.1975, c.217 (C.52:27D-119 et seq.) or any other applicable law unless the vehicle is authorized by law to be parked therein and a handicapped person is either the driver or a passenger in that vehicle. State, county or municipal law enforcement officers or parking enforcement authority officers shall enforce the parking restrictions on spaces appropriately marked for vehicles for the physically handicapped on both public and private property.

Technically, it isn't even discretionary on the part of the police but getting them to do it is another thing. Financial constraints have cause many police groups to be selective on where they spend money.I suspect a parking ticket, even in a HC space, is not going to be high on their list of important things to do today.

 

[dontblameabused]

could still mean

THAT...the pd needs to be invited......but once invited they are required to enforce.






Technically, it isn't even discretionary on the part of the police but getting them to do it is another thing. Financial constraints have cause many police groups to be selective on where they spend money.I suspect a parking ticket, even in a HC space, is not going to be high on their list of important things to do today.[/QUOTE]

 

[justalayman]

THAT...the pd needs to be invited......but once invited they are required to enforce.






Technically, it isn't even discretionary on the part of the police but getting them to do it is another thing. Financial constraints have cause many police groups to be selective on where they spend money.I suspect a parking ticket, even in a HC space, is not going to be high on their list of important things to do today.

[/QUOTE]
They don't have to be invited.

 

[dontblameabused]

but it doesn't say that

They don't have to be invited.[/QUOTE]


I need something official that says they don't need to be invited......

 

[OHRoadwarrior]

They don't have to be invited.

I need something official that says they don't need to be invited......[/QUOTE]

The State of NJ should be sufficient.

http://www.state.nj.us/humanservices/dds/documents/DDS_HandicappedPkg.pdf

 

[HomeGuru]

I agree, the cops need no invitation and the OP does not need something official.

 

[justalayman]

for?????


You cannot force the police to act. You can call them and report a recurring situation if you choose. If they choose to make a cruise through the parking lot and write tickets for the issue, great. If not, then live with it because that is about all you can do about it.

 

[HomeGuru]

I think the "something official" the OP is asking for is a cite from the code or ordinance supporting his position.

 

[OHRoadwarrior]

I think the "something official" the OP is asking for is a cite from the code or ordinance supporting his position.

My first link was the NJ statute. My second a 4 page PDF from NJ dept of social services outlining handicapped assistance info including the scope of NJ laws (with statute #).

 

[HomeGuru]

Roadwarrior, the OP wants us to do his homework for him.

 

[dontblameabused]

thank you

I think the "something official" the OP is asking for is a cite from the code or ordinance supporting his position.

most of the responders need a pool size enema or a smack up side the head.....this is a small suburban town where they typically have time for this...they actually said they COULDN'T enforce because they are not allowed to--not would'nt..i doubt the person actually read the nj dds flyer--IT GIVES NO INDICATION OF HOW PARKING IS ENFORCED ON PRIVATE RESIDENTIAL Property

 

[sandyclaus]

most of the responders need a pool size enema or a smack up side the head.....this is a small suburban town where they typically have time for this...they actually said they COULDN'T enforce because they are not allowed to--not would'nt..i doubt the person actually read the nj dds flyer--IT GIVES NO INDICATION OF HOW PARKING IS ENFORCED ON PRIVATE RESIDENTIAL Property

Alrighty then.

I suppose since you don't appreciate the effort we've put in here, you can just stomp off and find the information on your own.

I'm sure we'll all pass on the enema, but feel free to indulge yourself. It seems like YOU are the one who needs it.

On your way out, don't let the door hit ya where the good Lord split ya!

 

[justalayman]

most of the responders need a pool size enema or a smack up side the head.....this is a small suburban town where they typically have time for this...they actually said they COULDN'T enforce because they are not allowed to--not would'nt..i doubt the person actually read the nj dds flyer--IT GIVES NO INDICATION OF HOW PARKING IS ENFORCED ON PRIVATE RESIDENTIAL Property

then go and pay a lawyer to interpret the law for you. The police are not lawyers and many of them often do not understand the laws. This wouldn't be the first time the police were wrong. Heck, I remember a time, long ago; I was just 16 yo. Cop threatened to arrest me if I did not leave the property I was on. I informed him the state law expressly allowed me to be on that property for the reason I was. His claim, "I haven't heard of any law like that"

to shorten a long story:

I agreed to leave just to stop the situation from escalating. He called me a half hour later to apologize and let me know that after researching, I was right.

Cops are wrong sometimes. Sometimes they give you an answer because it serves their purpose. Maybe they don't want to issue tickets on the property and simply told you they couldn't, just to shut you up.