[HISTORY: Adopted by the Board of Supervisors of the Township
of East Hempfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 7-2-1986; amended in its entirety 5-5-2004 by Ord. No. 04-02]
A.
Words and phrases when used in this article, except for sections
or articles to which different or additional definitions apply, shall
have the meanings ascribed to them in the Vehicle Code, Act of June
17, 1976, P.L. 162, No. 81, as amended,[1] except that, in this article, the word "street" may be
used as the word "highway" as defined in the Vehicle Code.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B.
In this article, the singular shall include the plural, the plural
shall include the singular, and the masculine shall include the feminine.
It shall be a violation for any person to do any of the following:
A.
Park in excess of 72 hours in the same location.
B.
Park a vehicle which does not have either current registration or
a current inspection sticker.
[Amended 6-2-2021 by Ord. No. 2021-04]
C.
Park a vehicle of over 10,000 pounds registered weight in a residential
area, except for such periods of time necessary to make deliveries.
[Amended 6-2-2021 by Ord. No. 2021-04]
D.
Park in front of a private driveway.
E.
Park on a sidewalk.
F.
Park in front of a fire hydrant.
G.
Park on private property without the consent of the owner or the
consent of the proprietor thereof.
H.
Park in a "No-Parking Zone" which is designated as such by posted
signs.
I.
Park in a "Handicapped Zone" which is designated as such by posted
signs without properly demonstrating such status on the automobile.
J.
Park in a "Fire Traffic Zone" which is designated as such by posted
signs.
K.
Park, stop or stand in a zone prohibiting such by posted signs.
L.
Park against the flow of traffic.
M.
Park within 30 feet upon the approach to any flashing signal, stop
sign, yield sign, or traffic control signal located at the side of
a roadway.
[Amended 6-2-2021 by Ord. No. 2021-04]
Any person who violates any provision of this article shall,
upon conviction, be sentenced to pay a fine of not more than $30 and
costs, provided that: The police officer or other person making the
report shall also attach to or place upon every such vehicle a notice
stating that the vehicle is parked in violation of this article. The
notice shall contain instructions to the owner or driver of the vehicle
that, in order to avoid prosecution and the payment of the fines and
costs prescribed in the first sentence of this section, he or she
should report to the East Hempfield Township Police Department and
pay the sum of $15 within five days from the date of the notice or,
in the alternative, mail the sum of $15 to the East Hempfield Township
Police Department within five days from the date of the notice.
The owner of any vehicle, as determined from the vehicle registration
plate, vehicle identification number or any other reasonable means,
whether or not said owner was the operator of such vehicle, shall,
nevertheless, be responsible for and liable for any penalties imposed
for violations stated under any and all sections of this article.
Such responsibility shall not relieve the actual operator of such
responsibility, and all penalties may be assessed and collected from
either.
The provisions of this article, so far as they are the same
as those of ordinances and regulations enforced immediately before
the enactment of this article, are intended as a continuation of those
earlier ordinances and regulations and not as new enactments. Nothing
in this article shall affect any act done or liability incurred, or
any suit or prosecution pending or to be instituted under any of those
repealed or superseded ordinances or regulations.
[Adopted 2-3-1999 by Ord. No. 99-02]
This article is adopted under the authority of Section 6109
of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 6109,
as amended from time to time.
This article shall also be known and may be cited as the "East
Hempfield Township Residential Permit Parking Ordinance."
The Board of Supervisors recognizes that the parking demands
involving certain commercial, recreational, institutional and public
uses may have a harmful impact upon adjacent residential areas. The
Board therefore deems it appropriate to adopt parking restrictions
to both permit the appropriate use of public roadways and to protect
the quiet enjoyment of residential areas. In addition, the Board adopts
the following article for the following specific reasons:
A.
To reduce hazardous traffic conditions resulting from the use of
streets within residential districts for vehicles parked by persons
not residing within the residential districts.
B.
To protect these residential districts from polluted air, excessive
noise and refuse caused by the entry of such vehicles.
C.
To protect the residents of these residential districts from unreasonable
burdens in gaining access to their residences.
D.
To preserve the character of these districts as residential districts.
E.
To encourage the use of public and other mass transportation.
F.
To promote efficiency in the maintenance of streets in these residential
districts in a clean and safe condition.
G.
To preserve the value of the property in these residential districts.
H.
To promote traffic safety and the safety of children and other pedestrians
in these residential districts.
I.
To forestall dangers arising from the blocking of fire lanes, hydrants
and other facilities required by emergency vehicles, both in reaching
victims and in transporting them to hospitals.
J.
To facilitate the movement of traffic in the event of accidents and
other disasters.
K.
To promote the peace, comfort, convenience and welfare of all inhabitants
of the Township.
As used in this article, the following terms shall have the
meanings given herein:
A person who occupies real estate, as owner or tenant, within
a residential district as his or her principal residence.
A contiguous or nearly contiguous area identified by the
Traffic Commission as hereinafter set forth, containing public highways
or parts thereof primarily abutted by residential property or residential
and nonbusiness property, such as schools, parks, churches, hospitals
and nursing homes.
A residential district where curbside parking on public highways
is restricted as set forth in this article on weekdays during hours
fixed by the Traffic Commission unless the vehicle properly displays
a parking permit authorized by this article.
The Traffic Commission organized and existing under the provisions
of Ordinance No. 83, enacted June 7, 1978.[1]
The powers and duties as contained and set forth in this article
shall be performed by an administrator, to be known as the "Residential
Parking Permit Administrator," who shall be designated by the Board
of Supervisors by resolution from time to time. The Administrator
shall be responsible for the orderly operation and administration
of all aspects of the residential parking permit system.
A.
The Traffic Commission ("Commission") is hereby empowered to determine,
in its discretion and in accordance with the standards and procedures
set forth herein, whether a residential district, or portion thereof
consisting of not less than one block in area, may be designated or
may continue to be designated a residential parking permit area. The
decision of the Commission shall become effective and be subject to
review and approval by the Board of Supervisors.
B.
The Commission shall, in accordance with the provisions for curbside
parking time limits hereinafter set forth, fix the hours when the
restrictions on curbside parking by persons not holding parking permits
shall be in effect.
Within a designated residential parking permit area, persons
not holding parking permits shall be limited to not more than two
hours between such hours on weekdays, excepting those holidays set
forth in this article or in regulations promulgated under it, as the
Commission shall establish at the time of designation of a residential
district as a residential parking permit area, provided that such
period of hours when curbside parking by nonparking permit holders
shall be restricted shall not exceed the period of from 7:00 a.m.
to 6:00 p.m. but may be such lesser time as the Commission determines
to be warranted by the circumstances of the residential curbside parking
needs of the particular residential district involved.
A.
After the Commission's decision to designate a residential parking
permit area, parking signs shall be erected in the designated residential
parking permit area.
B.
The parking signs shall be of such character as to readily inform
an ordinarily observant person that curbside parking on public highways
in the designated residential parking permit area is limited on weekdays,
excepting those holidays set forth in this article or regulations,
to not more than two consecutive hours between the hours posted on
the sign unless the vehicle properly displays thereon a parking permit
authorized by this article.
A.
A residential parking permit shall be issued only to a motor vehicle
operator or owner who is a resident of the residential parking permit
area for which the permit is issued.
B.
The application for the residential parking permit shall contain
the following information:
(1)
The name and residential address of the owner of the vehicle.
(2)
The name, residential address and driver's license number of the
principal operator of the vehicle.
(3)
The make, model and registration number of the vehicle.
(4)
The signature of the applicant for the residential parking permit.
C.
Parking permits will be issued at no fee to residents; provided,
however, that the Board of Supervisors may, by resolution, adopt a
fee schedule designed to cover the cost of processing the application
and operating the residential parking permit area program.
D.
Upon the applicant's fulfillment of all applicable provisions of
this article controlling the issuance, renewal or transfer of residential
parking permits, the Administrator or the Administrator's designee
shall issue to the applicant one residential parking permit for the
vehicle described in the application.
E.
The residential parking permit shall be securely affixed to the right
nonreflecting side of the rear view mirror of the vehicle and shall
display the numerical designation of the residential parking permit
area.
F.
A vehicle shall be issued a residential parking permit only if it
displays the required state license plate and current inspection certificate.
G.
An owner of more than one vehicle may obtain a permit for each vehicle
owned, provided that all other requirements of this article are met.
A.
Upon the holder's submission of a completed and validated residential
parking permit application and his or her fulfillment of all applicable
provisions of this article controlling issuance, renewal or transfer
of residential parking permits on or before the expiration date of
the existing residential parking permit, the holder shall be issued
a new residential parking permit.
B.
The expiration date to be displayed on the new residential parking
permit shall be one year following the expiration date of the existing
residential parking permit.
A.
Upon the holder's submission of a completed and validated residential
parking permit application, the holder shall be issued a new residential
parking permit to be transferred to another qualifying vehicle.
B.
The transfer of the residential parking permit to another qualified
vehicle shall not affect the expiration date of the permit.
Upon application of any resident of a residential parking permit
area, the Administrator or the Administrator's designee shall issue
a visitor parking permit to the resident to the visitor's vehicle
limited to that particular parking permit area for a period not exceeding
15 days. No more than two visitor parking permits shall be issued
with respect to any one residence at any one time. The resident shall
be the holder of and be responsible for the use and misuse of any
visitor parking permits issued with respect to his or her residence.
The parking restrictions imposed by this article shall not apply
to any service or delivery vehicle when used to provide services or
make deliveries to one or more residences within a residential parking
permit area, provided that such service or delivery vehicle shall
not be parked within the parking permit area for more than four hours
in duration on any given day. Any person desiring to park a service
or delivery vehicle within a residential parking permit area for more
than four hours on any day must submit an application for a business
parking permit.
A.
Upon application of any resident of a residential parking permit
area, the Administrator or the Administrator's designee shall issue
a guest parking permit to the resident for the use of such guest vehicle
if, in the judgment of the Administrator, the issuance of the permit
will not unduly impair traffic safety during the time of the permit's
validity.
B.
Such guest parking permit shall be limited to one day in duration.
C.
The Administrator may limit a guest parking permit to a designated
street or portion of a street within a residential parking permit
area.
D.
The Administrator shall limit the issuance of guest parking permits
so that there are no more permits outstanding at any one time than
1/2 of the number of curbside parking spaces for which such permits
are valid.
E.
The resident shall be the holder of and be responsible for the use
and misuse of any guest parking permits issued with respect to his
or her residence.
A.
All visitor, business and guest parking permits shall be displayed
on or about the front windshield of the vehicle so as to be easily
visible from outside the vehicle. Such permits shall contain the following:
B.
A parking permit shall not guarantee or reserve a parking space within
a designated residential parking permit area. A parking permit shall
not authorize the standing or parking of any vehicle in such places
and during such times as the stopping, standing or parking of vehicles
is prohibited or set aside for specified types of vehicles and shall
not excuse the observance of any traffic regulation other than the
two-hour parking limit enforced in the residential parking permit
area.
C.
Whenever the holder of a residential, visitor, business or guest
parking permit, or the vehicle for which the parking permit was issued,
no longer fulfills one or more of the applicable provisions of this
article controlling issuance, renewal or transfer of parking permits,
the holder shall so notify the Administrator or the Administrator's
designee, who may then direct the holder to surrender the permit.
D.
Until its expiration, surrender or revocation, a parking permit shall
remain valid for such time as the holder continues to reside within
the designated residential parking permit area.
E.
A parking permit shall be valid only in the residential parking permit
area for which it is issued.
A.
The Commission may at any time withdraw the designation of an existing
residential parking permit area, whereupon the Administrator or the
Administrator's designee shall mail to every resident within the existing
residential parking permit area a notice of the Commission's withdrawal
of the designation and shall remove the parking signs which designate
the residential parking permit area.
B.
The effective date of the withdrawal of the designation of an existing
residential parking permit area shall be 30 days following the date
of the Commission's decision to withdraw the designation.
The Administrator is authorized to establish reasonable regulations
necessary or appropriate to implement and enforce the provisions of
this article, which regulations shall become effective upon approval
by the Board of Supervisors.
Any person who shall park in a designated residential parking
permit area in violation of the posted time limit set forth on the
parking signs erected in the parking permit area without properly
displaying the parking permit required by this article, or who shall
fail to surrender a parking permit when directed to do so, or who
shall display a parking permit on a vehicle not entitled to the permit
or otherwise represent that a vehicle is entitled to a parking permit
when the vehicle is not entitled to the permit, or who shall duplicate
or attempt to duplicate by any means a parking permit authorized by
this article or display such a duplicate parking permit, or who shall
otherwise violate this article or the regulations promulgated under
it, shall be in violation of this article and, upon conviction thereof
in a summary proceeding, be fined not less than $25 nor more than
$50 for each violation. Each day during which a parking violation
occurs shall be considered a separate violation.
This article shall not affect any other traffic or parking ordinances
except to the extent that such ordinances are directly inconsistent
herewith.
