[Added 4-19-2016 by Ord.
No. 870]
The indiscriminate parking of motor vehicles on residential
lawn areas and outside of off-street parking areas which were specifically
built and designed for the parking of motor vehicles has many deleterious
effects on the community. These include the destroying of lawn areas,
resulting in creating dirt, mud and other debris on private and public
property. Not only do these deleterious conditions lower the value
of individual properties, thereby causing an overall lowering of all
property value in the neighborhoods, but also mud, dirt and other
debris are scattered and spread onto public streets by motor vehicles
so parked when those vehicles leave the premises. Therefore, in order
to stop the scattering of these materials, which have a deleterious
effect on the public streets and the community as a whole, the Borough
hereby declares that the parking of motor vehicles on residential
private property outside of off-street parking areas is a public nuisance
and prohibits the same.
As used in this article, the following terms shall have the
meanings indicated:
A person who drives or is in actual physical control of vehicle.
The areas on a residential property not specifically designed
for the parking of motor vehicles. Areas specifically designed for
the parking of motor vehicles are hard surfaced driveways or pads
constructed of concrete, asphalt, brick, gravel with barriers or permanent
curbing, and the like.
A vehicle which is self-propelled including, but not limited
to, automobiles, trucks, motorcycles, scooters, motor bikes and recreational
vehicles, except one which is propelled solely by human power or any
vehicle which is designed for the conveyance of one handicapped person.
The halting of a motor vehicle in any area beyond the street
right-of-way, whether occupied or not, except momentarily for the
purpose of and while actually engaged in loading or unloading property
or passengers.
An area or structure located beyond the street right-of-way,
which is designed to be used for parking motor vehicles.
Any person, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
Off-street parking of motor vehicles is expressly prohibited
on lawn or landscaped areas located in residential districts.
The owner and/or driver shall be responsible for complying with the provisions of § 154-19 of this chapter.
A.
Upon the discovery of any violation under the terms of this Ordinance,
the Borough, through its authorized agents, is authorized to give
notice to the owner and/or driver of a violation either by personal
delivery to such owner and/or driver, by United States mail directed
to the last known address of such owner and/or driver or by leaving
the same on the vehicle which is parked in violation of this article.
B.
If such owner and/or driver, within seven days after delivery, mailing
or leaving of such notice, pays to the Borough the sum of $25 for
the violation, the same will constitute full satisfaction for the
violation noted in said notice.
C.
Each day that a violation exists shall constitute a separate violation.
The failure of such owner and/or driver to make payment, as aforesaid,
with seven days shall render such owner and/or driver subject to the
penalties as provided herein.
D.
If such owner shall, in fact, make payment after such seven-day period
but before the filing of a complaint with the District Magistrate
on account of such violation, the sum of $35 shall be in full satisfaction
of such violation.
On neglect or refusal of the owner and/or driver to comply with
the provisions of this article, he, she or they shall, upon conviction
of such default, neglect, failure or refusal, pay a fine of not less
than $50 and not more than $500, plus costs of prosecution, and in
default of payment of such fine and costs, to undergo imprisonment
for not more than five days. The continuation or reoccurrence of the
violation of this article after a period of 24 hours shall constitute
a new and separate offense for each successive additional twenty-four-hour
period.