Borough of Downingtown, PA
Chester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Downingtown 3-8-1989 by Ord. No. 89-5. Amendments noted where applicable.]
GENERAL REFERENCES
No-parking zones — See Ch. 183.
Vehicles and traffic — See Ch. 274.

§ 199-1 Findings; purpose.

The streets of the Borough of Downingtown were, for the most part, not built with the intention of allowing parking along the curbside. Most streets were built before the advent of motor vehicles, a day when most people either walked or moved about by horse or horse and buggy. Needless to say, those horses and buggies were not stored on the street for long periods of time. As a courtesy, with the growth of the automobile, municipalities have allowed parking along the curbside of most streets. At all times, however, regulations of that parking has remained within the powers of those municipalities. As the years passed, the necessity for the automobile grew. The auto has been looked upon as one item that each family had to own; in the last decade, many families have operated more than one vehicle. Congestion on the streets and growing inconvenience to residents, as well as the impedance of normal and necessary traffic flow, has been the inevitable consequence of the Borough's normal urban development. In several areas of the Borough, this condition has been heightened by the growth of railroad commuters using the Downingtown Train Station and not parking in the parking lots provided by the railroad and/or the Borough, Downingtown Senior High School students parking in residential neighborhoods because they are not able or permitted to park in the Downingtown Senior High School parking lot and single-family dwellings being converted to multiple-family dwellings before they were required to provide off-street parking. The situation has reached the point where Borough residents are unable, in many parts of the Borough, to find parking near their homes. Most of these people do not have garages and lack enough yardage to construct parking. This most seriously affects our senior citizens who are unable to shop or carry on other routine business for fear of losing parking that they do have or of not finding parking upon their return. This chapter is designed to increase the quality of life in the Borough's older, more crowded sections; to preserve the safety of children and other pedestrians; to promote traffic safety and the peace, good order, comfort, convenience and welfare of the inhabitants of the Borough; and to encourage those agencies and establishments contributing to increased traffic to help promote additional parking facilities.

§ 199-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
ABUTTING PROPERTY
In reference to any street, any property physically adjoining such street, regardless of what the reversion rights in such street may be and regardless of where the lot lines may be in relation to such street.
BOROUGH DIRECTOR OF ADMINISTRATION AND FINANCE
The Borough Director of Administration and Finance and/or his designee.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
CURBSIDE PARKING SPACE
Twenty linear feet of curb, exclusive of those portions of the curb where parking, apart from the provisions of this chapter, is not presently permitted.
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, which normally include provisions for sleeping, eating, cooking and sanitation but which also include each room in a rooming house.
HOLIDAY
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.
MOTOR VEHICLE
A vehicle which is self-propelled, except one which is propelled solely by human power.
PERSON
A natural person, firm, copartnership, association or corporation.
PROFESSIONAL USE
Restricted to the practice of medicine, dentistry and law.
RESIDENT
A person 18 years or older who occupies real estate within a residential district as his or her principal residence (dwelling unit).
RPPA
Residential parking program area.
STREET
A way intended for general public use to provide means of travel for vehicles and pedestrians and shall include any street, road, lane, court, avenue, drive, cul-de-sac, alley, public way, highway and thoroughfare.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices used exclusively upon rails or tracks.

§ 199-3 Designation of residential parking permit area.

[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
A. 
Immediately eligible areas. The residential areas identified in § 199-5C are hereby declared as immediately eligible for designation as a RPPA without the necessity of compliance with the requirements of Subsection B of this section.
B. 
Designation procedure in non-immediately eligible areas and designation withdrawal procedure in all areas. In order for the Borough Council to determine whether a residential area or portion thereof shall be designated or shall continue to be designated as a RPPA, all of the following shall be completed:
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(1) 
The Borough Director of Administration and Finance shall conduct, upon a petition signed by 75% of the residents in the district or portion thereof (not less than a one block street segment), on a weekday between the hours that are or will be designated for residential permit parking, a street segment by street segment survey of the proposed or existing RPPA. For the purpose of determining the total number of residents in any particular district or proposed district, the Borough Director of Administration and Finance shall use the most recent Downingtown area school district residences list of adults and children. No residential district or portion thereof shall be designated as a RPPA unless the survey of it reveals the following:
(a) 
The total number of curbside parking spaces occupied by vehicles equal or exceeds 70% of the number of curbside parking spaces on the street of the proposed or existing RPPA; and
(b) 
The total number of curbside parking spaces occupied by vehicles whose operators do not reside within the proposed or existing RPPA equals or exceeds 25% of the total number of curbside parking spaces occupied by vehicles.
(2) 
The Borough Director of Administration and Finance shall report to Borough Council the results of the survey within 30 days following the completion of the survey and recommend whether to designate the residential district or portion thereof under consideration as a RPPA or whether to withdraw the designation of an existing RPPA. The report shall also demonstrate that the Borough Director of Administration and Finance in making the recommendation has taken into account the following:
(a) 
The effect on the safety of the residents of the proposed or existing RPPA from intensive vehicle parking by nonresidents.
(b) 
The difficulty or inability of residents of the proposed or existing RPPA to obtain adequate curbside parking adjacent to or near their residences because of widespread use of available curbside parking spaces by nonresident motorists.
(c) 
The likelihood of alleviating, by use of the residential parking permit system established by this chapter, any problem of nonavailability of residential parking spaces.
(d) 
The desire of the residents in the proposed or existing RPPA for the institution of a residential parking permit system and the willingness of those residents to bear the costs incidental to the issuance of parking permits authorized by this chapter.
(e) 
The need for some parking spaces to be available in the proposed or existing RPPA for use by the general public.
(3) 
Following the receipt of the Borough Director of Administration and Finance's report, the Borough Council shall schedule a public hearing prior to such determination or prior to the withdrawal of such designation. Such public hearing shall be held only after due notice has been published at least twice, not less than seven days nor more than 30 days prior to the hearing, in a newspaper of general circulation in the Borough. The notice shall clearly state the purpose, time and location of the public hearing, the exact location and boundaries of the proposed or existing RPPA and the proposed parking permit fees to be charged. In addition to the published notice, a similar notification shall be prominently posted in the proposed or existing RPPA. During such public hearing any interested person shall be entitled to appear, to be heard and to submit a written statement for the record. The Borough Council, at its discretion, may impose a reasonable limitation upon the length of time that any interested person may be heard.
(4) 
If the decision of the Borough Council is to refuse to designate or to refuse to withdraw an existing designation of a residential district or portion thereof as a RPPA, no new petition involving the same area may be filed for at least one year following the effective date of the decision of the Borough Council.
C. 
Once a residential district or portion thereof is designated as a RPPA, no petition to amend or withdraw said designation shall be entertained for at least six months following the effective date of designation of the area as a RPPA.
D. 
The time periods set forth herein within which specified action is to be taken are permissive and may be extended by the Borough Director of Administration and Finance and/or Borough Council for good cause.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]

§ 199-4 Notice to residents of designation of residential parking permit area.

[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
Following the Borough Council's affirmative vote to designate a residential parking permit area (RPPA) pursuant to § 199-3 of this chapter becoming effective, the Borough Director of Administration and Finance shall publish two times in a newspaper of general circulation in the Borough a notice containing the following:
A. 
The existence and exact location of the RPPA.
B. 
The parking restrictions applicable to all motor vehicles in curbside parking spaces along the street in the designated area which do not properly display a parking permit authorized by this chapter.
C. 
The procedures to obtain a residential, business, guest, special occasion and service business parking permit.

§ 199-5 Residential parking program procedures.

The residential parking program shall be as follows:
A. 
During the times set forth in Subsection B of this section, no person shall be permitted to park a motor vehicle along the curbside of any Borough of Downingtown street set forth in Subsection C of this section herein and known as the "Residential Parking Program Area (RPPA)," unless a valid parking sticker appears in a visible location on the registered motor vehicle as the Borough may designate from time to time, as provided by Subsection D(1) and (2) of this section, or when there appears in a visible location on the motor vehicle a valid guest card as the Borough may designate from time to time, as provided by Subsection D(3) of this section, or a valid special occasion card, as provided by Subsection D(4) of this section, or a valid service business parking card as the Borough may designate from time to time, as provided by Subsection D(5) of this section; except, whenever metered parking is in effect in any portion of a RPPA, the parking spaces controlled by meters shall be excepted from the provisions of this chapter, so long as the control by meters continues.
B. 
This section shall be in effect from 8:00 a.m. to 12:00 noon daily, excluding Saturdays, Sundays and holidays.
C. 
The RPPA covered by this chapter shall be:
Name of Street
Location
Bradford Avenue
[Added 10-4-1995 by Ord. No. 95-8]
East side, from 172.5 feet north of Viaduct to railroad property
Bradford Avenue
From Viaduct Avenue to Prospect Avenue
Downing Avenue
From Ax Alley to Manor Avenue
East Church Street, subject to § 199-9
[Added 7-20-2011 by Ord. No. 2011-07]
See § 199-9 for location descriptions
Highland Avenue
From Stuart Avenue to Hunt Avenue
Hunt Avenue
From West Lancaster Avenue to Pennsylvania Avenue
Mary Street
From Stuart Avenue to Whelen Avenue
Pennsylvania Avenue
From Downing Avenue to Whelen Avenue
Pennsylvania Avenue
From Whelen Avenue to Hunt Avenue
Stuart Avenue
From West Lancaster Avenue to Manor Avenue
Viaduct Avenue
From West Lancaster Avenue to Bradford Avenue[1]
West Church Street
From Bradford Avenue to Willow Street
West Lancaster Avenue
From a point 220 feet west of Stuart Avenue west for a distance of 60 feet
Whelen Avenue
From Highland Avenue to Mary Street
William Street
From Stuart Avenue to Whelen Avenue
[1]
Editor's Note: The former entry for Webster Avenue, which immediately followed this entry, was repealed 9-6-2000 by Ord. No. 2000-4.
D. 
The stickers or cards provided by this chapter shall be displayed as follows at the following costs:
(1) 
A residential parking sticker, as provided in Subsection E(1) of this section, shall be attached to the rearview mirror located inside the motor vehicle and shall be clearly visible. Stickers for motorcycles shall be attached to the vehicle and shall be clearly visible on the left side of the motorcycle. One sticker shall be provided at no cost for each motor vehicle every two years. Lost or stolen stickers shall be replaced at a cost of $2 each.
[Amended 10-9-1991 by Ord. No. 91-21]
(2) 
A business parking sticker, which shall be the same as a residential parking sticker, as provided in Subsection E(2) of this section, shall be attached to the rearview mirror located inside the motor vehicle and shall be clearly visible. Stickers for motorcycles shall be attached to the vehicle and shall be clearly visible on the left side of the motorcycle. One sticker shall be provided at no cost for each motor vehicle every two years. Lost or stolen stickers shall be replaced at a cost of $2 each.
[Amended 10-9-1991 by Ord. No. 91-21]
(3) 
Guest cards, as provided in Subsection E(3) of this section, shall be prepared by the Borough Director of Administration and Finance and shall be displayed on the front dashboard of said motor vehicle and shall be free for the first two cards, and any additional guest cards permitted by this chapter shall cost $2 per card. Lost or stolen guest cards shall be replaced at a cost of $1 each.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(4) 
Special occasion cards, as provided in Subsection E(4) of this section, shall be prepared by the Borough Director of Administration and Finance and shall be displayed on the front dashboard of said vehicle and shall be provided at no cost.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(5) 
A service business parking card, as provided in Subsection E(5) of this section, shall be displayed on the front dashboard of said motor vehicle. Stickers for motorcycles shall be attached to the vehicle and clearly visible on the left side of the motorcycle. One card or sticker shall be provided at no cost for each motor vehicle every two years. Lost or stolen stickers shall be replaced at a cost of $2 each.
[Amended 10-9-1991 by Ord. No. 91-21]
E. 
The eligibility for stickers or cards provided by this chapter shall be as follows:
(1) 
Residential parking stickers. Any person living in a residence abutting the streets in the RPPA shall be entitled to receive a residential parking sticker, which shall be nontransferable, if the applicant presents two items constituting proof of residency in the RPPA and proof of ownership (joint owners shall be treated as one applicant) of a motor vehicle registered in the Commonwealth of Pennsylvania and displaying valid license plates with a current state inspection certificate. The application for the residential parking permit shall contain the following information:
(a) 
The name, residential address and home and work telephone numbers of the owner of the vehicle.
(b) 
Driver's license number of the principal operator of the vehicle.
(c) 
The make, model, year, color and registration number of the vehicle.
(d) 
Two of the following acceptable proofs of residence:
[1] 
Current voter registration card.
[2] 
Current property tax receipt.
[3] 
Current per capita tax receipt.
[4] 
Deed.
[5] 
Pennsylvania driver's license.
[6] 
Pennsylvania vehicle registration.
[7] 
Applicant's name and address on a PECO bill, Bell of Pennsylvania bill, major credit card bill or Borough water and sewer bill.
[8] 
Rent receipt.
[9] 
Any other proof approved by the Borough Director of Administration and Finance.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(e) 
The signature of the applicant for the residential parking permit affirming that all of the information given is correct to the best of his knowledge and that the motor vehicle has a valid license plate with a current state inspection sticker.
(2) 
Business parking stickers. Owners and employees of businesses located in a building abutting streets in the RPPA shall be entitled to a business parking sticker, which shall be nontransferable, if the applicant presents proof of ownership of or employment by, a business in the RPPA along with ownership (joint owners shall be treated as one applicant) of a motor vehicle registered in the Commonwealth of Pennsylvania and displaying valid license plates with a current state inspection certificate. The application for the business parking permit shall contain the following information:
(a) 
The name, residential address and home and work telephone number of the owner of the vehicle.
(b) 
The business name and address along with the driver's license number of the principal operator of the vehicle.
(c) 
The make, model, year, color and registration number of the vehicle.
(d) 
One of the following acceptable proofs of ownership or employment:
[1] 
Current property tax receipt.
[2] 
Current per capita tax receipt.
[3] 
Deed.
[4] 
Applicant's name on a PECO bill, Bell of Pennsylvania bill or water and sewer bill.
[5] 
Rent receipt.
[6] 
Letter, on business letterhead, stating that the applicant is currently employed.
[7] 
Recent payroll stub.
[8] 
Any other proof approved by the Borough Director of Administration and Finance.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(e) 
The signature of the applicant for the business parking permit affirming that all of the information given is correct to the best of his knowledge and that the motor vehicle has a valid license plate with a current state inspection sticker.
(3) 
Guest cards. Each dwelling unit in the RPPA is eligible to be issued up to two guest cards. Each rooming house in the RPPA is eligible to be issued one guest card per room. An applicant for guest cards must present proof of residency as required by Subsection E(1) of this section. Each professional use shall be entitled to be issued five guest cards. An applicant for guest cards for a professional use must present proof of the location of the professional use in the RPPA, in accordance with Subsection E(2) of this section. The Borough shall have no responsibility for the issuance of guest cards to any particular resident of a dwelling unit or professional use. For purposes of this chapter, the applicant shall be the holder of and responsible for the use and misuse of the guest card.
(a) 
It shall be considered improper use of a guest card, if the motor vehicle displaying the card is parked in a RPPA and the operator is engaged in any other use inconsistent with visiting a resident or professional use in the RPPA.
(b) 
When an enforcement officer has reason to believe that a guest card is not being used in accordance with the purpose, intention and provision of the chapter, the Borough Director of Administration and Finance shall be notified. The Borough Director of Administration and Finance shall then send a letter to the possessor of the subject card, informing that person that the card is being used improperly. If the violation(s) continues(s), the Borough Director of Administration and Finance may revoke the guest card(s), so long as the possessor of the same is afforded an opportunity at an informal conference with the Borough Director of Administration and Finance to explain his or her position. If a guest card is revoked, the possessor of the same shall deliver it to the Borough Director of Administration and Finance. Parking in the RPPA with a revoked guest card shall be the same as parking with no guest card or residential sticker. Violators shall be ineligible for guest card issuance for a period of one year.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(4) 
Special occasion cards. Upon written application to the Borough Director of Administration and Finance, permission may be obtained for special occasion cards to be used for limited hours during special events.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(a) 
Upon application of any resident of a RPPA, the Borough Director of Administration and Finance shall issue a special occasion card to the resident for the guest's vehicle to be valid for no longer than one weekday during the times set forth in Subsection B of this section and shall be so designated, if the issuance of the special occasion card will not unduly impair traffic safety during the time of the card's validity or create a serious inconvenience to other residents of the RPPA or defeat its goal. Use of the special occasion cards may be restricted to designated streets or portions of streets within the RPPA. The number of such cards outstanding shall not exceed at any time 50% of the number of curbside parking spaces in which they are valid.
(b) 
Such application must note the purpose of the event, the date and times, the number of vehicles expected and the name of the responsible person to contact with respect to said event. For purposes of this chapter, the resident shall be the holder of and responsible for the use and misuse of the special occasion card.
(c) 
When special occasion cards are issued, the Borough Director of Administration and Finance shall notify the Police Department.
(5) 
Service business parking card. Each owner and employee of a business or service doing business in the RPPA who is not exempt under Subsection F of this section shall be entitled to receive one service business parking card, if the applicant presents proof of ownership (joint owners shall be treated as one applicant) of a motor vehicle registered in the Commonwealth of Pennsylvania and displaying valid license plates with a current state inspection certificate. Examples of eligible owners and employees of businesses are, but are not limited to, the following: real estate agents and sales persons, sales representatives, baby sitters and any service vehicle not clearly labeled as such, during the time that persons from said service vehicle are performing a service at a residence, business or professional use in the RPPA. The application for the service business parking card shall contain the following:
(a) 
The name, residential address and home and work telephone number of the owner of the vehicle.
(b) 
The business name and address, along with the driver's license number of the principal operator of the vehicle.
(c) 
The make, model, year, color and registration number of the vehicle.
(d) 
At least one of the following acceptable proofs of ownership or employment:
[1] 
A letter, on business letterhead, stating that the applicant is currently employed.
[2] 
A letter from resident stating they are employing the applicant.
[3] 
A recent payroll stub.
[4] 
Any other proof approved by the Borough Director of Administration and Finance.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
(e) 
The signature of the applicant for the service business parking card affirming that all of the information given is correct to the best of his knowledge and that the motor vehicle has a valid license plate with a current state inspection sticker.
(6) 
The Borough Director of Administration and Finance shall have a reasonable period of time, not to exceed 10 working days from the date of application, to determine the eligibility of the applicant for a parking sticker and to issue the parking sticker to an eligible applicant.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
F. 
The only persons exempt from the provisions of this chapter shall be:
(1) 
Owners and operators of emergency vehicles.
(2) 
Medical doctors on house calls in the RPPA.
(3) 
Service vehicles, clearly labeled as such, during the time that persons from said service vehicle are performing a service at a residence, business or professional use in the RPPA.
(4) 
All Borough-of-Downingtown-owned motor vehicles.
G. 
Upon the holder's payment of a residential, business or service business parking permit fee, if any; his submission of a completed and validated residential, business or service business parking permit application; and his fulfillment of all applicable provisions of this chapter controlling issuance, renewal or transfer of a residential, business or service business permit, on or before the expiration date of the existing parking permits, the holder shall receive a new residential, business or service business parking permit. The expiration date to be displayed on the new residential, business or service business parking permit shall be two years following the expiration date of the existing parking permit.
[Amended 10-9-1991 by Ord. No. 91-21]
H. 
The Borough Director of Administration and Finance may prorate the permit fee, if any, on the basis that if, at the time of issuance, six months or less remain prior to the expiration date, a fee of 1/2 the permit fee shall be charged; otherwise the full permit fee shall be charged. The permit shall expire on the last day of the month designated on the permit.
[Amended 10-9-1991 by Ord. No. 91-21; 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
I. 
Until its expiration, surrender or revocation, a guest card shall remain valid for such time as the holder continues to reside or operate a professional use within the designated RPPA.

§ 199-6 Use of parking permits.

A. 
A parking permit shall not guarantee or reserve a parking space within a designated RPPA. 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 parking limit enforced in the RPPA.
B. 
Whenever the holder of a residential, business, guest, special occasion or service business parking permit, or the motor vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this chapter controlling issuance, renewal or transfer of parking permits, the holder shall so notify the Borough Director of Administration and Finance, who may then direct the holder to surrender the parking permit.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
C. 
It shall be a violation of this chapter for the holder of a parking permit to fail to surrender it when directed to do so.
D. 
It shall be a violation of this chapter for any person to represent in any fashion that a vehicle is entitled to a parking permit authorized by this chapter when it is not so entitled. The display of a parking permit on a vehicle not entitled to such a parking permit shall constitute such a representation.
E. 
It shall be a violation of this chapter for any person to duplicate or attempt to duplicate, by any means, a parking permit authorized by this chapter. It shall also be a violation of this chapter for any person to display on any vehicle such a duplicate parking permit.
F. 
Any motor vehicle parked in the RPPA with an expired vehicle registration and/or state inspection certificate shall be the same as parking with no card or sticker.
G. 
The area known as the "RPPA" shall be posted with a minimum of two signs per block. Following posting of the signs, it shall be a violation of this chapter for any person to park in any designated RPPA during the times set forth in § 199-5B, unless the motor vehicle properly displays a parking permit authorized by this chapter. Said signs shall read:
RESIDENTIAL PERMIT PARKING ONLY
8:00 A.M. — 12:00 NOON
MON. — FRI., EXCEPT HOLIDAYS
H. 
If a person sells his or her motor vehicle, he or she shall remove the parking sticker and present it to the Borough Director of Administration and Finance. If a replacement vehicle is purchased, the old sticker may be exchanged for a new sticker at no cost. The transfer of the residential, business or service business parking permit to another qualifying motor vehicle shall not affect the expiration date.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
I. 
When the Borough Director of Administration and Finance has reason to believe that a parking sticker and/or card was issued in error or that the person to whom a parking sticker and/or card was issued is no longer eligible or that a person to whom a parking sticker and/or card was issued violated the requirements of this chapter, the Borough Director of Administration and Finance shall send a letter to the possessor of the parking sticker and/or a card advising that person of the ineligibility or violation. If the violation continues and/or the person is unable to demonstrate that he or she is eligible or continues to be eligible for a parking sticker and/or card, the Borough Director of Administration and Finance shall revoke the parking sticker and/or card.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]

§ 199-7 Withdrawal of designation as residential parking permit area.

A. 
Following the Borough Council's affirmative vote to withdraw the designation of an existing RPPA, as provided by § 199-3B of this chapter, the Borough Director of Administration and Finance shall mail to every residence within the existing RPPA, a notice of the Borough's withdrawal of the designation. Said notice shall specify the effective date of the withdrawal of the designation.
[Amended 2-12-1992 by Ord. No. 92-1; 2-12-1992 by Ord. No. 92-2]
B. 
The effective date of the withdrawal of the designation of an existing RPPA shall be 30 days following the date of the Borough Council's affirmative vote to withdraw the designation.

§ 199-8 Violations and penalties.

A. 
An owner or operator of a motor vehicle parked in violation of any provision of this chapter shall be issued a notice of violation and be ordered to pay a fine in an amount to be set from time to time by resolution of Borough Council, payable to the Borough of Downingtown within seven days of the issuance of such notice.
[Amended 4-6-2011 by Ord. No. 2011-03]
B. 
Failure to respond to the notice of violation by payment of the fine, as aforesaid, which payment must be made to the Borough of Downingtown within seven days of the issuance of such notice, shall result in the issuance of a citation to the defendant. Thereafter, the prosecution shall proceed in accordance with the Pennsylvania Rules of Criminal Procedure, and, upon conviction for the offense, the defendant shall be ordered to pay a fine in an amount to be set from time to time by resolution of Borough Council, together with the costs of prosecution for each violation, and/or to be incarcerated in the county prison for not more than five days for each violation.
[Amended 4-6-2011 by Ord. No. 2011-03]
C. 
It shall be the duty of the enforcement officers of the Borough to report all violations of any provision of this chapter, the license number of the vehicle involved in such violation, the location where the violation took place, the time of such violation and any other facts necessary to secure a clear understanding of the circumstances attending such violation. Each such officer shall also place on such vehicle a notice of violation to the owner or operator thereof that such vehicle has been parked in violation of the provisions of this chapter, instructing such owner or operator to pay the fine and costs, as provided herein, and further notifying such owner or operator that failure to respond will result in the issuance of a citation.
D. 
Any person violating § 199-6C, D or E of this chapter shall, upon conviction thereof in a summary proceeding, be fined not less than $25 nor more than $50, together with the costs of prosecution for each violation and, in default of any fine so imposed, shall be incarcerated in the county prison for a period not to exceed 10 days for each violation.

§ 199-9 East Church Street Parking District.

[Added 7-20-2011 by Ord. No. 2011-07]
The East Church Street Parking District identified in § 199-5C shall be subject to the program and procedures set forth in Chapter 199, except as to the following standards which shall supersede all other standards and regulations as to the East Church Street Parking District only:
A. 
The East Church Street Parking District shall consist of 16 parking permits relating to the street frontage of 152 to 167 East Church Street, and permits shall be issued to the following identified house numbers subject to other applicable terms and conditions of Chapter 199:
(1) 
Permit 1: 166 East Church Street.
(2) 
Permit 2: 164 East Church Street.
(3) 
Permit 3: 162 East Church Street.
(4) 
Permit 4: 160 East Church Street.
(5) 
Permit 5: 158 East Church Street.
(6) 
Permit 6: 156 East Church Street.
(7) 
Permit 7: 154 East Church Street.
(8) 
Permit 8: 152 East Church Street.
(9) 
Permit 9: 153 East Church Street.
(10) 
Permit 10: 155 East Church Street.
(11) 
Permit 11: 157 East Church Street.
(12) 
Permit 12: 159 East Church Street.
(13) 
Permit 13: 161 East Church Street.
(14) 
Permit 14: 163 East Church Street.
(15) 
Permit 15: 165 East Church Street.
(16) 
Permit 16: 167 East Church Street.
B. 
Parking permits in the East Church Street Parking District are for residential parking stickers only. No business parking stickers, guest cards, special occasion cards, or service business parking cards shall be issued.
C. 
Vehicle exemptions from permit requirements under § 199-5F shall apply.
D. 
The East Church Street Parking District parking permit program shall be in effect 24 hours per day.
E. 
The East Church Street Parking District signage, otherwise subject to Chapter 199 in terms of violations and enforcement, shall read:
RESIDENTIAL PERMIT PARKING ONLY
24 HOURS PER DAY
7 DAYS PER WEEK