Borough of Malvern, PA Article VII Parking Permits

[Added 9-20-2016 by Ord. No. 2016-12]

§ 200-44 Parking permits generally.

A. Issuance by Chief of Police. Borough Council hereby authorizes the Chief of Police to receive and review applications for, and subsequently issue certain parking permits in accordance with this article. Except where expressly stated otherwise, the Chief of Police shall issue parking permits under this article strictly in accordance with the terms of this article and shall have no discretion to issue, modify, or revoke any parking permit issued pursuant to this article except by the terms of this article.

B. Parking permits defined. "Parking permit" shall mean the right, together with the physical evidence of such right, to park within a given parking district pursuant to the terms of this article. Each parking permit shall be issued to one applicant and one address (which shall be the address of the applicant).

C. Recordkeeping. The Chief of Police shall maintain an up-to-date record of each and every Parking Permit issued, renewed, and revoked under this article and shall establish a file for each of the same as well. The Chief of Police shall keep an index of such parking permits issued, by the Address at which such parking permits have been issued.

D. Resident permits. Unless expressly stated otherwise in the permit rules for any parking district, the following terms and conditions shall apply to any parking permit which is limited to residents.

(1) No privileges. Except as may be provided in the parking districts established pursuant to this article, no resident permit shall entitle the holder of such resident permit to any privilege or right, including without limitation the right to park in any specified space or area, except as to the extent provided for in the parking rules or permit rules for such parking districts established pursuant to this article. The terms and conditions of this section merely describe the default rules which will apply to such resident permits in the absence of any amendment in the description of each parking district established pursuant to this article.

(2) Proof of residence. The applicant shall provide proof of residence in the form of a driver's license issued by the Commonwealth of Pennsylvania, or similar, government-issued photo-identification, or related, government-issued address-change card, bearing the address shown on the application.

(3) Limit of permits by address. The Chief of Police shall not issue more than three parking permits at any given time, to any street address (without respect to apartment, suite, or unit number or similar subdivision). The Chief of Police may, in his or her sole discretion, reduce the number of permits issued at any street address by the number of off-street parking spaces available at the street address or to the applicant.

(4) Permit allocated to vehicle. Each resident permit shall be allocated and assigned to one vehicle specified on the application for such resident permit. No parking permit may be transferred or conveyed to any other vehicle for any reason whatsoever. Any application for a resident permit shall be accompanied by proof of current Pennsylvania registration of the vehicle to the address indicated on the application.

(5) Limited or no off-street parking required. Except as expressly authorized in this article, the Chief of Police shall not issue any resident permit where the application indicates that the property which is the subject of the application has adequate accommodations or area for two or more off-street parking spaces. Such accommodations or area shall not be limited, nor shall the right to a parking permit be created, by the existence or placement of any rubbish, debris, temporary storage or refuse containers, inoperative vehicles, recreational vehicles, boats, campers, or other vehicles, or any other type of personal property, or by any action of the applicant, or the applicant's predecessors in title to or possession of the property, or the applicant's landlord, or the applicant's tenant.

(a) The term "parking space," as used in this section to determine the availability of off-street parking, shall mean an area of pavement, stone, gravel, or other impervious pervious surface, or any area of soil, lawn, or other pervious surface (provided that such pervious area has been recently and routinely used for the lawful parking of vehicles), which may be lawfully used for the parking of vehicles, is reasonably accessible from the street, and which is of dimension no smaller than nine feet in width and 18 feet in length.

(6) Affidavit of no or limited off-street parking. The applicant shall be required to submit, with the application, a sworn affidavit, subject to penalty of perjury, that:

(a) The applicant's property at which the permit is requested does not have off-street parking, or has the specific number of spaces indicated on the affidavit is accurate; and

(b) That the lack of off-street parking has not been caused by the applicant or the applicant's predecessor(s) in title to the property and is otherwise in accordance with this article.

(7) Resident guest permits. Except as expressly indicated otherwise in this article, the applicant for any resident permit may request, and provided that all other terms for the issuance of a resident permit under this section or this article are met, the Chief of Police shall issue, one resident guest permit in addition to any resident permit to be used by the guests of the applicant in accordance with this article. Such resident guest permit shall have the same privileges as a resident permit issued under this Section or this article, as the case may be, but shall not be required to be allocated to any specific vehicle.

(8) Interpretation of address eligibility. The mailing address indicated on the application for any residential permit shall be presumed to be the address used to determine eligibility for any parking permit under this article. Where a condition exists such that an applicant's address is not within the permit district described for any parking permit authorized under this article, the Chief of Police shall be authorized, but not required, in his or her sole discretion, to grant the requested parking permit to the applicant, provided that:

(a) The property which is listed on the application has at least one side abutting the area described as the parking district; and

(b) Granting the requested parking permit will not cause a shortage of parking availability at in the parking district or elsewhere in the Borough; and

(c) The decision to grant the requested parking permit shall not entitle the applicant to subsequent automatic renewal or any vested right and shall not be renewed unless the Chief of Police finds, in his or her sole discretion, that the foregoing conditions continue to exist.

E. Accessibility permits. Pursuant to the following terms, the Chief of Police, upon consultation with the Borough Manager and the Borough Solicitor, may issue a parking permit as may be required in order to provide a reasonable accommodation for any person with a bona fide disability or handicap, as may be required under applicable law (hereinafter called an "accessibility permit"):

(1) Application documentation. In addition to the requirements for any application for a parking permit described in this article, the applicant for any accessibility permit shall provide copies of written documentation of the applicant's entitlement to a reasonable accommodation as may be appropriate as required by law or circumstance.

(2) Fee. There shall be no application fee or permit fee for any accessibility permit.

(3) Nature of permit. Any accessibility permit shall be deemed to supersede such limitations as to the duration for which a vehicle may be parked, or other parking rules as may be necessary to reasonably accommodate the applicant, but in no case shall any accessibility permit supersede any provision which prohibits parking in any location generally or during any specified time(s) pursuant to this chapter.

F. Municipal parking lot permits. Unless expressly stated otherwise in the permit rules for any parking district, the following terms and conditions shall apply to any parking permit which is issued with respect to one or more parking lots owned, leased, or otherwise controlled by the Borough of Malvern (collectively "municipal parking lot permits"):

(1) Nature of permit. Except as expressly indicated otherwise in this article, any municipal parking lot permit shall only entitle the permit holder to park in excess of the posted durations for parking and shall not entitle the permit holder to park during times when public parking within such lot is generally prohibited.

G. Commercial parking permits. Unless expressly stated otherwise in the permit rules for any parking district, the following terms and conditions shall apply to any parking permit which is described in this article as a "commercial parking permit."

(1) Nature of permit. Except as expressly indicated otherwise in this article, any commercial parking permit shall only entitle the permit holder to park in excess of the posted durations for parking, or park in parking spaces which are reserved for such commercial parking permit holders subject to the provisions of this chapter, and shall not entitle the permit holder to park during times when public parking within such lot is generally prohibited.

(2) Business location. Only applicants having a lawful place of business within the Borough of Malvern shall be eligible for a commercial parking permit.

(3) Transferability and allocation of permits. Commercial parking permits shall not be transferable between permit holders but permit holders may, if expressly authorized by the permit rules for such commercial parking permits, allocate the same among the holder's employees, agents, or both, subject to the permit rules described in this article.

(4) Applications for commercial parking permits. Notwithstanding the provisions of § 200-47 below, the Chief of Police shall be authorized to require applicants for Commercial Parking Permits to provide any and all information as may be reasonably required to verify eligibility for the same under this chapter and publish one or more separate application form(s) for each type of, or group of types of, commercial parking permits authorized under this article.

H. Borough permits. Upon the request of the Borough Manager, the Chief of Police shall be authorized, but not required, to distribute parking permits which allow the holder to park in excess of posted limits or in contravention of general or time-specific parking prohibitions, as may be required or advisable in order to efficiently conduct or provide the business, services, or events of the Borough of Malvern, provided that such actions would not constitute a danger or unreasonable nuisance to the public.

§ 200-45 Parking districts.

A. Generally. The Borough Council, by ordinance, may adopt one or more parking districts within the Borough pursuant to this chapter. Such parking districts shall enable, restrict, or otherwise modify the public's right to park within the parking district, subject to any privileges granted pursuant to a parking permit issued in accordance with this chapter.

B. Parking districts defined. Each parking district shall be comprised of a/an:

(1) Alphanumeric designation to be used for the purpose of signage and/or to be indicated on the face of any permit issued pursuant to this article; and

(2) Geographic area which describes the extent of the parking district and the area within which the parking district's parking rules apply; and

(3) Parking rules which enable, limit, or otherwise amend the privilege of parking within the parking district according to the type of permit(s) issued within such parking district; and

(4) Permit rules which describe the requirements, procedures (including application fees), limitations, or other matters related to the privileges, issuance, renewal, conveyance, and/or revocation of permits within the parking district.

C. Interpretation, precedence of overlapping districts. In the event that one or more parking districts overlap, unless expressly stated otherwise in the ordinance establishing such parking district, the more restrictive parking rules, and permit rules shall apply to the extent of such overlap. To avoid confusion, "restrictive," as used in this section, shall mean the prohibition of parking or such limitations or requirements necessary applicable to the issuance of any parking permit.

D. Temporary and experimental districts permitted. The Borough Council may, by resolution, enact a temporary or experimental parking district for a period of up to six months, provided that:

(1) The parking district shall not extend beyond the six-month period except upon the enactment of an ordinance; and

(2) No fees shall be charged to any applicant for a permit within the parking district unless and until the parking district is enacted via ordinance; and

(3) There shall be no enforcement of the parking rules for the parking district unless and until the parking district is enacted via ordinance.

§ 200-46 Parking districts established.

For each parking district established by ordinance, the alphanumeric designation, geographic area, parking rules, and permit rules applicable to the parking district shall be indicated in this section. The following parking districts have been established pursuant to this article:

Parking District	Geographic Area	Parking Rules	Permit Rules
Residential Parking Districts
WBS-R [Amended 12-20-2016 by Ord. No. 2016-18]	High Street and Longford Avenue	Permit holders may park on Longford Avenue and High Street in excess of the posted time limits each day	Resident permits to be issued to Residents on: Longford Avenue; and High Street; and West Broad Street between Bridge Street and Warren Avenue only
EKS-R	East King Street between Church Street and Ruthland Avenue	Permit holders may park on the south side of King Street in excess of the posted time limits each day	Resident permits to be issued to residents residing on the south side of King Street between Church Street and Ruthland Avenue only
POA-R	Powelton Avenue between King Street and Monument Avenue	Permit holders may park on Powelton Avenue between King Street and Monument Avenue in excess of the posted time limits each day	Resident permits to be issued to residents residing on Powelton Avenue between King Street and Monument Avenue only
FIA-R	First Avenue between Warren Avenue and Wayne Avenue	Permit holders may park on First Avenue in excess of the posted time limits each day	Resident permits to be issued to residents residing on First Avenue between Warren Avenue and Wayne Avenue only
CHA-R	Channing Avenue between King Street and Roberts Lane	Permit holders may park on Channing Avenue in excess of the posted time limits each day	Resident permits to be issues to residents residing on Channing Avenue between King Street and Roberts Lane only

§ 200-47 Permit application, issuance and renewal.

A. Application required. No parking permit shall be issued pursuant to this article without the submission and review, by the Chief of Police, of a written application together with any fees as may be required.

B. Application contents. The Chief of Police shall be authorized to publish and revise one or more applications for a parking permit as may be required to meet the requirements of this article. At a minimum, except as otherwise required by the nature of each Parking Permit authorized under this article, each application for a parking permit under this article shall require the applicant to provide:

(1) The applicant's full name and address, as it appears on the applicant's driver's license or other government-issued identification;

(2) The applicant's telephone number;

(3) The year, make, model, color, registration number, license plate number, and VIN for each and every vehicle which shall, or may, be parked pursuant to the parking permit;

(4) The name, address, and driver's license number of any individual who may operate the vehicle during the term of the parking permit.

(5) Proof of current automobile liability insurance in as required by law.

C. Fees. The Borough Council shall establish, by resolution, from time to time, appropriate application fees for parking permits issued pursuant to this article. Such fees shall be intended and designed to pay for the costs of administering the parking permits program and otherwise funding the parking and traffic requirements of the Borough. Such resolution may include a schedule for the proration of such fees based on the remaining term of such parking permit.

D. Review period and issuance. Except as expressly stated otherwise in the Permit Rules for any Parking District pursuant to this article. The Chief of Police shall have a reasonable period of not less than three business days to review any application for a parking permit and shall issue any parking permit pursuant to any application which meets the criteria indicated in this article.

E. Term of parking permit. Except as expressly stated otherwise in the permit rules for any parking district pursuant to this article, each and every parking permit issued pursuant to this article shall terminate automatically upon the earliest of:

(1) The end of each calendar year; or

(2) The expiration or termination of any parking district pursuant to which the permit was created or issued;

(3) The sale, transfer, or conveyance, by the holder of such parking permit, of possession of the property to which the parking permit is allocated; or

(4) The sale, transfer, or conveyance, of the vehicle to which such parking permit is allocated; or

(5) The revocation of the parking permit in accordance with this chapter.

F. No automatic renewal. Except as expressly stated otherwise in the Permit Rules for any Parking District established pursuant to this article, no Parking Permit issued pursuant to this article shall automatically renew. Upon the expiration of the term of any parking permit issued pursuant to this article, the holder of such permit shall be required to apply for a new Parking Permit, or otherwise renew such parking permit pursuant to the applicable Permit Rules for the parking district established under this article.

G. No conveyance or transfer. Parking permits shall remain the property of the Borough of Malvern and shall not invest the holder of such parking permit with any transferable right or privilege. Except as expressly permitted in this article, no parking permit shall be transferred, given, sold, exchanged, or otherwise conveyed from the holder, the property, or the vehicle to which it is issued or allocated.

H. Form of permits. The Chief of Police shall be authorized to design, proof, procure, and issue such placards, stickers, window-hangars, or other devices intended to evidence any parking permit as may be required or expedient to meet the requirements of this article.

I. Intentional misrepresentation. Unless such actions are determined to constitute a misdemeanor or felony offense under the Pennsylvania Crimes Code, 18 Pa.C.S. §§ 101 et seq., any person found guilty of intentional misrepresentation of material facts or information provided within or regarding any application for any parking permit authorized under this article shall be sentenced pay a fine of not less than $250, and not more than $1,000 and shall be permanently ineligible to receive any parking permit authorized pursuant to this article.

J. Existing permits. Except for parking permits previously issued by the Borough of Malvern with respect to parking within municipal parking lots, any parking permit previously issued by the Borough of Malvern shall be immediately revoked upon the enactment of this Ordinance. Parking permits regarding parking within municipal parking lots shall expire upon the earlier of: the date or terms under which such permit was originally issued, or at midnight on December 31, 2016.

§ 200-48 Permit enforcement.

A. Signage. Within each Parking District, the Chief of Police shall cause to be erected signage which:

(1) Clearly identifies the alphanumeric designation of the parking district;

(2) Concisely states the parking rules within the parking district;

(3) Concisely states what, if any, privileges are afforded to the holder of any applicable parking permit within the parking district; and

(4) States the penalty for violation of the parking rules within the parking district.

B. Remedies. The Chief of Police shall be authorized to enforce any and all regulations imposed under this article and may apply any or all of the remedies for enforcement as described in this chapter, the ordinances of the Borough of Malvern, or otherwise available at law.

C. Proof of Permit. The holder of any parking permit shall prominently display such permit as directed by the Chief of Police. If a parking permit is obscured or otherwise not displayed as directed by the Chief of Police, such parking permit shall not void, nullify, or otherwise affect any enforcement action available to the Borough under this chapter.

§ 200-49 Repealer.

In the event that any provision of this article is deemed to be unlawful, such provision shall be repealed by operation of law without affecting the validity of the remainder of all other provisions of this article.