[Added 1-13-2003 by Ord. No. 91-2002[1]]
[1]
This ordinance also superseded former Art. IV, Parking Meters,
added by Ord. No. 41-1987 as amended.
The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
A device used for on-street parking that will log the license
plate of a parked vehicle and which can accept payment by credit card,
cellular phone, and/or coins.
[Added 7-3-2019 by Ord. No. 67-2019]
Includes every individual who operates a vehicle as the owner
thereof, or as the agent, employee or permittee of the owner or is
in actual physical control of a vehicle.
Each individual 18 consecutive feet along the curb of a street
where parking is permissible on a street where an MSPS is located.
[Added 7-3-2019 by Ord. No. 67-2019]
Includes every natural person, firm, partnership, copartnership,
association or corporation.
Any public street, avenue, road, highway, boulevard, place,
court, alley, thoroughfare or other public place located in the City
and established for the use of vehicles.
Any device in, upon or by which any person or property is
or may be transported upon a highway or street, except a device which
is operated upon rails or tracks.
A.
The company with which a contract is executed for the purchase of
the meters shall furnish to the City a bond, with corporate surety
subject to the approval by the City Solicitor, to indemnify and save
harmless the City from any and all litigation involving such parking
meters. The bond shall be renewed annually for a total period of five
years, premiums to be paid therefor by the company.
B.
The company to which the contract is awarded shall, in its contract
with the City, specify that it will indemnify against any and all
claims by reason of defective parts, defective operation and any and
all damages and costs that the City might suffer or be compelled to
pay by reason of patent or other litigation against the City pertaining
to the operation of the meters.
A.
From the date of adoption of this section until December 31, 2016,
the hourly rate for metered parking (the "hourly rate") shall be equal
to $1.50. Beginning on January 1, 2017, the hourly rate shall be adjusted
in accordance with the Schedule of Parking Fees (the "Rate Schedule"),[1] which is attached hereto and made a part hereof. The column
labeled as "future hourly value" on the rate schedule reflects annual
increases of 3% (year-over-year) in the hourly rate (assuming a base
hourly rate of $1.50). On January 1 of each calendar year, the rate
schedule shall be updated in the event that the annual percentage
change in the index (defined below) exceeds 3%, as measured by a comparison
of the index from the month of June, two calendar years prior to the
calendar year in question to the index for the month of June of the
calendar year immediately prior to the calendar year in question,
by increasing the future hourly value figure for the calendar year
in question by the percentage change in the index. After updating
the rate schedule in accordance with the procedures herein, if necessary,
on January 1 of each calendar year following the enactment of this
section, the hourly rate for that particular calendar year shall equal
the amount set forth in the column labeled as "posted hourly rate"
on the rate schedule if the future hourly value for that particular
year exceeds the posted hourly rate for the calendar year immediately
preceding the particular calendar year. If said future hourly value
is less than said posted hourly rate, then the hourly rate shall for
the calendar year in question be equal to the hourly rate for the
calendar year immediately preceding the calendar year in question.
"Index" means the Consumer Price Index - United States City Average
for all Urban Consumers, All Items Index (not seasonally adjusted)
as published by the United States Department of Labor, Bureau of Labor
Statistics; provided, however, that if the index is changed so that
the base year of the index changes, the index shall be converted in
accordance with the conversion factor published by the United States
Department of Labor, Bureau of Labor Statistics; provided further
that if the index is discontinued or revised, such other index or
computation with which it is replaced shall be used in order to obtain
substantially the same result as would be obtained if the index had
not been discontinued or revised.
[Amended 9-25-2007 by Ord. No. 112-2007; 7-1-2008 by Ord. No. 24-2008; 7-7-2009 by Ord. No. 73-2009; 7-28-2009 by Ord. No. 75-2009; 12-8-2009 by Ord. No.
99-2009; 12-8-2009 by Ord. No. 100-2009; 2-15-2014 by Ord. No. 10-2014; 12-15-2016 by Ord. No. 63-2016]
[1]
Editor's Note: Said schedule is included as an attachment to this chapter.
[Amended 6-30-2016 by Ord. No. 42-2016]
Parking meters and any other approved equipment or technology
used to regulate parking installed in the parking meter zone established
shall be placed upon the sidewalk or other appropriate areas. Each
space regulated by a parking meter, signage or other technologies
shall be designated by signage or other markings. The Director of
the Department of Public Works of the City of Scranton is empowered
to define the streets, or portions thereof, in the City of Scranton,
which are to be controlled by parking meters.
A.
Where lines or markings are painted or placed upon the curb, sidewalk
and/or upon the streets adjacent to each parking space for which such
meter is to be used, each vehicle parked adjacent or next to any parking
meter shall park within the lines or markings to be placed. No person
shall park any vehicle in a position that it shall not be entirely
within the area as designated by such lines or markings.
B.
More than one motorcycle may occupy a parking space or angle park
so long as one of the motorcycles does not extend over the designated
space line. At a metered parking space, each driver shall be responsible
for the insertion of coins into the meter. If the meter is expired,
all vehicles parked in the space shall receive an overtime citation.
When a parking space in any parking meter zone is parallel with
the adjacent curb or sidewalk, any vehicle parked in such parking
space shall be parked so that the foremost part of such vehicle shall
be nearest to the parking meter. When a parking space in any parking
meter zone is diagonal to the curb or sidewalk, any vehicle parked
in such parking space shall be parked with the foremost part of such
vehicle nearest to such meter.
[Amended 6-30-2016 by Ord. No. 42-2016; 7-3-2019 by Ord. No. 67-2019]
When any vehicle shall be parked in any space on a street on which a multi-space pay station is located, in accordance with the provisions of this article, the operator shall, upon entering the parking space, immediately register the vehicle at the nearest MSPS located on that side of the street by entering their license plate number and paying the required amount by either credit card or coin, or through their cell phone. Upon payment, the parking space may be lawfully occupied by such vehicle during the period of parking time which has been prescribed. Failure to pay or register the applicable license plate number shall constitute a violation of this article and shall subject such person to the penalty set forth in § 439-54.1. In the event that an MSPS is out of order or malfunctioning, this does not preclude the vehicle from complying with the provisions of this section by utilizing the next closest MSPS and may result in the assessment of a penalty as described in § 439-54.1. If such vehicle remains parked in any space beyond the parking time limit fixed for such parking space, such vehicle shall be considered as parked overtime and beyond the period of legal parking time. The parking of a vehicle overtime or beyond the period of legal parking time in any such part of a street where any such multi-space pay station is located, disabled or removed for repair shall be a violation of this article and punishable as hereinafter set forth.
No person or operator shall cause, allow, permit or suffer any
vehicle registered in the name of or operated by such person to be
parked overtime or beyond the period of legal parking time established
for any parking meter zone as herein described.
A.
No person shall park a vehicle in any such parking meter space for
a consecutive period of time longer than the limited period of time
for which such meter is located, irrespective of the number or amounts
of coins deposited in such meter. Each period of overtime parking
beyond the duration of time specified by the parking meter shall be
considered a separate offense.
B.
A violation will be deemed to have occurred if a vehicle bearing
a specific registration plate number or vehicle identification number
is found to be parked within six spaces in either direction of the
space in which the vehicle was parked at the time the registration
number or vehicle identification number was recorded.
No person shall deposit or cause to be deposited in a parking
meter any slug, device or metallic substitute for a coin or token.
No person shall deface, injure, tamper with, open or willfully
break, destroy or impair the usefulness of any parking meter installed
under the provisions of this article.
[Amended 6-30-2016 by Ord. No. 42-2016]
A.
No person shall park a motor vehicle in a space upon a street, highway
or entrance, private or public, which is designated for the use of
disabled or handicapped parking either with signage or markings showing
such space is for the use of handicapped parking. Said areas are exclusively
restricted to individuals who are disabled or handicapped and whose
license plate or designated placard so indicates or also who properly
displays a temporary handicap placard on right front rear of dashboard.
B.
Penalties for violation.
(1)
Whoever violates any of the provisions of this section shall be fined
$100 for each offense.
[Amended 6-27-2013 by Ord. No. 31-2013]
(2)
In case of nonpayment of a fine assessed under this § 439-41, the person so violating the above provisions shall be issued a citation/summons within 45 days from the date of the identification of the violator. In addition, any vehicle that has one or more unpaid tickets for parking in a space designated for disabled parking that has not otherwise been contested shall be immobilized with an approved device designated by The Parking Authority of the City of Scranton, Pennsylvania or its designee. The violator will be responsible to pay all fines, penalties and immobilization fees prior to the vehicle being released. If a vehicle immobilized under this section has not moved within 24 hours, the vehicle shall be towed away to a designated storage facility. The owner of the vehicle shall be responsible for any and all towing and storage fees, as well as the fines and fees for the immobilization of the vehicle.
[Added 6-30-2016 by Ord.
No. 42-2016]
A.
An immobilization device shall be warranted and may be affixed to
a vehicle when any of the following occur:
B.
Any motor vehicle found parked at any time on any street or upon
or in any off-street parking facility in the City of Scranton against
which there is one outstanding parking violation notice or one ticket
for parking in a space designated for parking for persons who have
disabilities or three or more outstanding parking violation notices
or tickets for other violations of parking regulations, for which
no hearing has been requested within the requisite time period, and
for which a notice of summons has been mailed, may, by or under the
direction of the City of Scranton Police Department or the Parking
Authority of the City of Scranton, Pennsylvania or its designee, be
immobilized in such a manner as to prevent its operation. No such
vehicle shall be immobilized by any means other than by the use of
a device or other mechanism which will cause no damage to such vehicle
unless it is moved while such device or mechanism is in place.
C.
If after contacting the appropriate state agency which acts as custodian of vehicle registration and license tag records for the state from which the license tag attached to the motor vehicle was issued the City is unable to determine the motor vehicle owner's address, the motor vehicle may be immobilized in accordance with the provisions of Subsection B, except it shall not be necessary for the City to mail a notice of summons before the motor vehicle may be immobilized.
D.
It shall be the duty of parking enforcement personnel immobilizing
such motor vehicle, or under whose direction such vehicle is immobilized,
to post on such vehicle, in a conspicuous place, notice sufficient
to inform the owner or operator of the vehicle that:
(1)
Such vehicle has been immobilized pursuant to and by the authority
of the Scranton City Code; and
(2)
The owner of such immobilized vehicle, or other duly authorized
person, shall be permitted to repossess or to secure the release of
the vehicle upon compliance with either of the following alternative
procedures:
(a)
Payment to the Parking Authority of the City of Scranton of
the City of Scranton, Pennsylvania or its designee of the applicable
fee for removal of the immobilization device listed in this code and
all penalties, fines and costs for outstanding parking violation notices;
or
(b)
Posting with the Parking Authority of the City of Scranton,
Pennsylvania or its designee of a cash or surety bond or other adequate
security equal to the amount of the applicable fee listed in this
code, if, during the hearing on the outstanding parking violation
notices which necessitated the immobilization of the vehicle the Parking
Authority of the City of Scranton, Pennsylvania or its designee prevails
on any or all of the outstanding violations, the cash or surety bond
shall be forfeited to the City of Scranton.
E.
It shall be unlawful for anyone, except those persons authorized
by the City of Scranton, to remove or attempt to remove, tamper with,
or in any way damage or alter the immobilization device. Any person
who is convicted of institutional vandalism pursuant to Pa.C.S.A.
Title 18, § 3307, shall pay said fines as described in that
statute.
F.
Any vehicle immobilized pursuant to this code shall be subject to
impoundment as authorized by the City Code.
G.
The cost to remove an immobilization device shall be $50. No immobilization
device shall be removed until all outstanding penalties, fines and
costs are paid in full.
[Amended 12-8-2009 by Ord. No. 100-2009]
A.
The reporting of any violation shall include the following:
(1)
The number of each parking meter which indicates that the vehicle
occupying the parking space adjacent to such parking meter is or has
been parked in violation of any provisions of this article;
[Amended 6-27-2013 by Ord. No. 31-2013]
(2)
The state license number of such vehicle;
(3)
The length of time which such vehicle is parked in violation of any
provisions of this article at the time of his or her inspections;
(4)
Any other facts, a knowledge of which is necessary to a thorough
understanding of the circumstances attending such violation.
B.
The violation notice shall be placed on such vehicle as notice to
the owner thereof that such vehicle has been parked in violation of
the provisions of this article or other applicable law and instructing
such owner to report at the office designated on the violation notice
in regard to such violation. Each such owner may, pay in accordance
with the requirements on the violation notice at the office designated
on the violation notice in full satisfaction of, such violation the
sum required by the Code and set forth on the violation notice. The
failure of such owner to make such payment to the office designated
on the violation notice in accordance with the requirements on the
violation notice within 24 hours shall render such owner subject to
all other fines, penalties, costs and enforcement measures that are
permitted by law.
[Amended 6-27-2013 by Ord. No. 31-2013; 6-30-2016 by Ord. No. 42-2016]
[Amended 6-27-2013 by Ord. No. 31-2013; 6-30-2016 by Ord. No. 42-2016; 7-3-2019 by Ord. No. 67-2019]
A.
The provisions of this article may be temporarily
suspended by the City of Scranton, and it may prescribe temporarily
such other rules and regulations as traffic conditions may require.
B.
A parking space located in an area subject to a multi-space
pay station may be temporarily suspended by the City, its lessors
and/or agents for purposes of managing and controlling its on-street
parking system, for the purpose of street construction, traffic conditions,
public events, or public safety, at the sole discretion of the City.
The City, its lessors and/or agents is authorized to issue a permit
to any person, company, firm, or corporation for the temporary suspension
of a parking space so that the vehicle of said person, company, firm,
or corporation may be parked in said parking space. The fee for such
permit shall be as outlined in the concession agreement.
A.
Nothing in this article shall be construed as prohibiting the City
from providing for free parking for loading and unloading purposes,
for bus stops, for public safety concerns and other matters of a similar
nature.
[Amended 6-27-2013 by Ord. No. 31-2013; 6-30-2016 by Ord. No. 42-2016; 7-3-2019 by Ord. No. 67-2019]
B.
Those individuals residing in residential complexes on the 300 block
of Madison Avenue where meters presently exist and where multi-space
pay stations will be located may apply to the City for a parking permit.
The resident must show proof of residency in the form of state-issued
photo identification. The resident shall also show proof of vehicle
ownership by providing a valid title or registration. If a resident
establishes proof of residency and vehicle ownership to the satisfaction
of the City, then a parking permit shall be issued. There will be
a maximum of two permits per rental unit allowed. The parking permit
shall authorize the holder to park in any parking space located only
on the block of the person's residence. The permit shall be displayed
on the vehicle in a prominent place readily identifiable by enforcement
personnel. The permit fee shall be for $10 per month. Permits will
expire on the last day of each calendar year and shall require annual
renewal. Permits may be revoked due to nonpayment.
[Amended 6-30-2016 by Ord. No. 42-2016; 7-3-2019 by Ord. No. 67-2019]
C.
The parking permit shall authorize the holder to park in any parking
space located only on the Block of the person's residence. The permit
shall be displayed on the vehicle in a prominent place readily identifiable
by enforcement personnel.
D.
The Parking Authority of the City of Scranton, Pennsylvania or its
designee shall be responsible for the issuance of all permits on a
form prescribed by the Parking Authority of the City of Scranton,
Pennsylvania or its designee and after a payment of a permit fee of
$25.
[Amended 6-27-2013 by Ord. No. 31-2013; 6-30-2016 by Ord. No. 42-2016]
[Amended 6-30-2016 by Ord. No. 42-2016]
A.
The fines, penalties and fees described herein are hereby levied
and assessed to provide for the proper regulation and control of traffic
upon the public streets, the cost of the supervision, protection,
inspection, operation, maintenance, control and use of the on-street
parking meter system to provide adequate-on-street parking, to reduce
congestion of parking and traffic, and to promote the public welfare
by administering an efficient system of on-street parking regulations.
B.
The monies received through parking meters and fines, penalties and
fees described herein and other technologies shall, unless required
by law to be collected by a district judge, be collected by the Parking
Authority of the City of Scranton, Pennsylvania or its designee.
Whoever violates any of the provisions of this article shall,
upon conviction, be fined not more than $50 and, in default of the
payment thereof, be imprisoned for not more than five days.
[Added 7-3-2019 by Ord. No. 67-2019]
The City hereby adopts designated
areas in which multi-space pay stations are permitted, as outlined
in the map attached hereto as Exhibit A.[1]
[1]
Editor's Note: Said exhibit is on file in
the City offices.
[Added 7-3-2019 by Ord. No. 67-2019]
A.
The City hereby abolishes, repeals, and
no longer authorizes time zone or patron parking spaces. Time zone
or patron parking spaces, including, inter alia, "15 Minute Only"
and "30 Minute Only," as well as spaces designated for patrons of
specific businesses. Any such signs shall be removed by the City,
its lessors or agents for purposes of management of its on-street
parking system.
B.
Designated time zone or patron parking
spaces shall be permissible for government and medical facilities,
to include City Hall, Lackawanna County, and/or the federal government
at the sole discretion of the City.
C.
The unauthorized installation of such signs
shall result in a fine equal to the amount of lost revenue from the
date of installation until it is removed, assessed against the person
or entity responsible for installing such sign.
D.
The City shall designate up to one "Loading/Unloading
Zone - 30 Minute Only Parking" per block at its sole discretion for
use by businesses located thereon.
