[Added 11-10-1997 by Ord. No. 97-10]
This article shall be known as the "Lower Allen
Township Residential Parking Permit Ordinance."
The Board of Commissioners finds that:
A.
Certain residential areas in Lower Allen Township
are subjected to commuter vehicle parking, therefore depriving the
residents of those areas of spaces in which to park their own vehicles.
B.
Those residential streets are also subjected to a
high degree of commuter traffic which substantially reduces the quality
of the ambient air level.
C.
The establishment of a parking permit program for
certain affected areas should facilitate efficient movement of traffic
by providing for parking preference during certain hours of the day
and days of the week. Therefore, the Board of Commissioners considers
it to be in the interest of the people of Lower Allen Township to
provide for the establishment of a residential permit parking program
to ensure primary access to available parking spaces by neighborhood
residents.
D.
Some narrow residential streets are subject to the
interruption of services such as refuse, collection, deliveries, and
fire protection when commuter vehicles fill in parking spaces on both
sides of the residential street.
[Added 8-20-2007 by Ord. No. 2007-13]
For the purpose of this article, words and terms
listed in this section, as follows, shall have the following meanings:
A motor vehicle parked in a residential area by a person
not a resident of that residential area.
A person who owns or leases real estate within a residential
area of which he is not a resident but who owns or manages a business
enterprise or professional office maintained at that address. For
the purpose of this article, a proprietor shall be entitled to one
parking permit for that business or professional office address.
A person who owns or leases real property within a residential
area and who maintains either a voting residence or bona fide occupancy,
or both, at that address.
A contiguous area containing public highways or parts of
public highways abutted by residential property or residential and
nonbusiness property (such as schools, parks, places of worship, hospitals
and nursing homes).
The residential areas designated in § 209-29.5 of this article are those deemed impacted and hence eligible for residential parking on the basis of the following criteria:
A.
The local and metropolitan needs with respect to clean
air and environment.
B.
The possibility of a reduction in total vehicle miles
driven in Lower Allen Township.
C.
The likelihood of alleviating traffic congestion,
illegal parking, service interruptions, and related health and safety
hazards.
[Amended 8-20-2007 by Ord. No. 2007-13]
D.
The proximity of public transportation to the residential
area.
E.
The desire and need of the residents for residential
permit parking and their willingness to bear the administrative costs
in connection with it.
F.
The need for parking in excess of the residential
permit parking program in proximity to establishments located in the
residential permit parking area and used by the general public for
religious, health or educational purposes.
A.
The following streets shall be designated as residential
permit parking:
|
Name of Street
|
Limits
|
Side
|
Hours/Days
|
|---|---|---|---|
|
Laurel Avenue
|
From Rosemont Avenue to U.S. Route 15
|
East
|
6:00 a.m. to 11:00 p.m., weekdays only (excepting
legal holidays)
|
|
Manchester Road
[Added 8-20-2007 by Ord. No. 2007-13] |
From Warwick Road to Lowther Road
|
Both
|
7:00 a.m. to 3:00 p.m., Monday through Friday
|
|
Selwick Road
[Added 8-20-2007 by Ord. No. 2007-13] |
From Carlisle Road to Manchester Road
|
Both
|
7:00 a.m. to 3:00 p.m., Monday through Friday
|
|
Strafford Road
[Added 8-20-2007 by Ord. No. 2007-13] |
From Carlisle Road to Kingsley Road
|
Both
|
7:00 a.m. to 3:00 p.m., Monday through Friday
|
|
Warwick Road
[Added 8-20-2007 by Ord. No. 2007-13] |
From Carlisle Road to Norman Road
|
Both
|
7:00 a.m. to 3:00 p.m., Monday through Friday
|
B.
Signs shall be erected along the streets in each residential
permit parking area, indicating the days, hours and locations under
which parking shall be by permit only.
[Amended 8-20-2007 by Ord. No. 2007-13]
Application for a residential parking permit
shall be made to the Manager or his/her designee by the person desiring
the permit, who shall be the owner, lessee, or the driver of a motor
vehicle who resides on or is a proprietor immediately adjacent to
a street or other location within a residential parking permit area.
Each residence shall be entitled to three parking permits, one of
which shall be used by guests of the resident or proprietor, at no
charge. Applications for additional permits must be accompanied by
an application fee, such fee to be established from time to time by
resolution of the Board of Commissioners, which shall be for the use
of Lower Allen Township, to be applied to the cost of administering
the residential permit parking program. Each application shall contain
the following information: the name of the owner, lessee or the driver,
as the case may be, of the motor vehicle; the address of the resident
or the proprietor, as the case may be; the make, model and registration
number of the motor vehicle; and the driver number as taken from the
applicant’s current driver’s license.
[Amended 8-20-2007 by Ord. No. 2007-13]
Upon receipt of the application and the permit
fee and determination by him/her that the application shows that the
applicant is entitled to a residential parking permit, the Manager
or his/her designee shall issue to the applicant a residential parking
permit which shall be permanently valid as long as the recipient remains
a qualified applicant. It shall be unlawful and a violation of this
section for any person to display other than the current and valid
permit while standing or parking in a residential permit parking area
at any time when those permits are to be displayed.
Temporary parking permits may be issued by the
Manager or his designee, upon payment of a permit fee established
from time to time by resolution of the Board of Commissioners, to
bona fide visitors of residents of a designated residential permit
parking area who themselves have been issued a residential parking
permit, and exemption parking permits may be issued, without payment
of a fee, to handicapped persons.
A.
Notwithstanding any provision of this section to the
contrary, the holder of a residential parking permit shall be permitted
to stand or park a motor vehicle operated by him in any designated
residential parking area during those times when parking of motor
vehicles is permitted in that area. While a vehicle for which a residential
parking permit has been issued is so parked, that permit shall be
displayed so as to be clearly visible through the windshield of the
vehicle. A residential parking permit shall not guarantee or reserve
to the holder a parking space within a designated residential permit
parking area.
B.
A residential parking permit shall not authorize its
holder to stand or park a motor vehicle in any place where or at any
time when stopping, standing or parking of motor vehicles is prohibited
or set aside for other specified types of vehicles, nor shall the
permit exempt its holder from the observance of any traffic or parking
regulation other than residential permit parking regulation or restriction.
C.
No person other than the permit holder whose name
appears on the parking permit shall use a residential parking permit
or display it on a vehicle operated; any such use or display by a
person other than the permit holder shall constitute a violation of
this section by the permit holder and by the person who so used or
displayed the parking permit.
D.
It shall constitute a violation of this section for
any person falsely to represent himself as eligible for a residential
parking permit or to furnish false information in an application to
the Manager or his designee in order to obtain a residential parking
permit.
A.
The Manager or his designee shall have authority to
revoke the residential parking permit of any permit holder found to
be in violation of any provision of this section. Upon written notification
to him of the revocation, the permit holder shall surrender the permit
to the Manager or his designee. Failure to do so, when so requested,
shall constitute a violation of this section, provided that any person
receiving such a notice may, within 10 days after the date of the
notice, appeal to the Board of Appeals for a hearing on the revocation,
and the decision of the Board of Appeals shall be final.
B.
The Board of Commissioners shall be the Board of Appeals.
C.
The Board of Appeals shall not be bound by technical
rules of evidence, and all relevant evidence of reasonable probative
value may be permitted. Reasonable examination and cross-examination
shall be permitted.
D.
The Board of Appeals shall in every case reach a decision
within 30 days after the hearing or if such hearing is continued within
30 days after the continued hearing. Failure to render a decision
within 30 days after the continued hearing shall not be deemed approval
in favor of the appellant. Every decision shall be in writing and
shall contain findings and the reason for the adjudication. Every
decision shall be filed in the office of the Manager and shall be
open to public inspection. A certified copy of the decision shall
be served upon all parties or their counsel personally, or by mail,
not later than 10 days following the decision.
E.
Any person aggrieved by an adjudication who has a
direct interest in such adjudication shall have the right to appeal
therefrom to the court vested with jurisdiction of such appeals by
or pursuant to Title 42 (relating to judiciary and judicial procedures).[1]
[1]
Editor's Note: See 42 Pa.C.S.A. § 101 et seq.
A.
The Police Department shall have the power and authority
to issue a written violation notice to be attached to the vehicle
which shall indicate that the penalty for violation shall be the payment
of $10 to the Police Department at its office within 48 hours of the
time of issuance of said notice. The violator shall have the privilege
of paying such penalty within said period of 48 hours in full satisfaction
of his responsibility hereunder.
B.
Any person who fails to resolve his obligation under Subsection A above shall, upon conviction in a summary proceeding before a Magisterial District Judge, pay a fine of $25 to the use of the Township and the costs of the prosecution.
C.
Any person who violates any of the provisions of this article other than §§ 209-29.8 or 209-29.9 hereinabove shall, upon conviction in a summary proceeding before a Magisterial District Judge, pay a fine of not more than $25 and the costs of prosecution. The provisions of this Subsection C shall be in addition to and shall not prevent or stop the prosecution of the violator for other penalties authorized by law, including but not limited to prosecution of 18 Pa.C.S.A. § 4904.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
