[Added 9-17-2019 by Ord. No. 2-2019]
A.
Any person or persons causing a vehicle to be parked in an individual parking space upon any of the streets, parts of streets, or off-street parking facilities described in Schedule XXI (§ 212-77.1), attached to and made a part of this chapter, shall deposit in the parking meter adjacent to such space, or payment station, coins of the United States or, where permitted, other indicated payment according to the time limits and rates indicated on the legend of such meter or kiosk; failure to remit payment constitutes a violation, and each additional hour that such person or persons shall permit such vehicle to remain in such an individual parking space after the prescribed time for parking has elapsed is hereby declared to constitute an additional violation. The provisions of this section shall not be deemed to be in conflict with any other ordinance otherwise limiting parking or providing for special privileges for special occasions.
B.
No person
shall deposit or attempt to deposit in any parking meter or kiosk
any slug, button or any other device or substance as substitutes
for coins of United States currency.
C.
It shall
be unlawful and a violation of the provisions of this section for
any person to deface, tamper with, open or willfully break, destroy
or impair the usefulness of any parking equipment installed under
the provisions of this section on any street or in any off-street
parking facility; provided that nothing herein shall apply to the
servicing or opening of parking meters or kiosks by officers, employees
and/or police officers of the Borough under the direction of the Borough
Manager, Chief of Police, Mayor or the Borough Council.
[Amended 10-24-2000 by Ord. No. 6-2000]
A.
Except when necessary to avoid a conflict with other
traffic or to protect the safety of any person or vehicle or in compliance
with the law or the directions of a police officer or official traffic
control device, no person shall stop, stand or park a vehicle:
(1)
On the roadway side of any vehicle stopped or parked
at the edge of the curb of a street, except that a pedalcycle may
be parked on the roadway abreast of another pedalcycle(s) near the
side of the roadway at any location where parking is allowed.
(2)
On a sidewalk, except that a pedalcycle may be parked
on the roadway abreast of another pedalcycle(s) near the side of the
roadway at any location where parking is allowed.
(3)
Within an intersection.
(4)
On a crosswalk.
(5)
Between a safety zone and the adjacent curb within
30 feet of points on the curb immediately opposite the ends of a safety
zone, unless a different length is indicated by official traffic control
devices.
(6)
Alongside or opposite any street excavation or obstruction
when stopping. standing or parking would obstruct traffic.
(7)
Upon any bridge or other elevated structure upon a
highway or within a highway tunnel.
(8)
On any railroad tracks.
(9)
in the area between roadways of a divided highway.
including the crossovers.
(10)
At any place where official signs prohibit stopping.
B.
Except when necessary to avoid a conflict with other
traffic or to protect the safety of any person or vehicle or in compliance
with the law or the directions of a police officer or official traffic
control device, no person shall stop, stand or park a vehicle:
(1)
In front of a public or private driveway.
(2)
Within 15 feet of a fire hydrant.
(3)
Within 20 feet of a crosswalk at an intersection.
(4)
Within 30 feet upon the approach to any flashing signal,
stop sign, yield sign or traffic control signal located at the site
of a roadway.
(5)
Within 20 feet of the driveway entrance to any fire
station or, when properly posted. on the side of a street opposite
the entrance to any fire station within 75 feet of the entrance.
(6)
Where the vehicle would prevent the free movement
of a streetcar.
(7)
On a limited access highway unless authorized by official
traffic control devices.
(8)
At any place where official signs prohibit standing.
(9)
Standing or parking for the purpose of loading or
unloading persons or property may be authorized by local ordinance,
but the ordinance shall not authorize standing or parking on state-designated
highways, except during off-peak traffic-flow hours as determined
by municipal regulations.
C.
Except when necessary to avoid a conflict with other
traffic or to protect the safety of any person or vehicle or in compliance
with the law or the directions of a police officer or official traffic
control device, no person shall park a vehicle:
D.
No person shall park or leave unattended a vehicle
on private property without the consent of the owner or other person
in control or possession of the property except in the case of emergency
or disablement of the vehicle, in which case the operator shall arrange
for the removal of the vehicle as soon as possible.
(1)
The provisions of this subsection shall not apply
to private parking lots unless such lots are posted to notify the
public of any parking restrictions and the operator of the vehicle
violates such posted restrictions. For the purposes of this section,
"private parking lot" means a parking lot open to the public or used
for parking without a charge; or a parking lot used for parking with
a charge. The borough hereby adopts the regulations promulgated by
the Pennsylvania Department of Transportation which defines posting
for public notice pursuant lo Title 75 Pa. C.SA. § 3353(b)
and any amended or successor statute(s).
(2)
Property owner may remove vehicle. The owner or other person in charge or possession of any property in which a vehicle is parked or left unattended in violation of the provisions of Subsection D may immediately remove or have removed the vehicle at reasonable expense of the owner of the vehicle. Such person who removes a vehicle left parked or unattended in violation of the provisions of Subsection D shall have a lien against the owner of the vehicle in the amount of the reasonable costs of removing the vehicle.
E.
The department on state-designated highways and local
authorities on any highway within the boundaries of the borough may,
by erection of official traffic control devices, prohibit, limit or
restrict stopping, standing or parking of vehicles on any highway
where engineering and traffic studies indicate that stopping, standing
or parking would constitute a safety hazard or where stopping, standing
or parking of vehicles would unduly interfere with the free movement
of traffic.
[Amended 10-24-2000 by Ord. No. 6-2000]
A.
Vehicles to be parked within marked spaces. Whenever
a space is marked off on any street, municipal or borough parking
lot for the parking of an individual vehicle, every vehicle parked
there shall be parked wholly within the lines bounding that space,
and it shall be a violation of this article for any person to park
a vehicle or allow it to remain parked otherwise.
B.
Angle parking. No person shall park a vehicle upon any streets or parts thereof described in Schedule XIII (§ 212-70), attached to and made a part of this chapter, except at an angle designated and only within the painted stall lines. On all streets or portions thereof where angle parking is now or shall hereafter be authorized, all vehicles parked thereon shall be parked with the front thereof nearest the curb.
C.
Two-way highways. Except as otherwise provided in
this section, every vehicle standing or parked upon a two-way highway
shall be positioned parallel to and with the right-hand wheels within
12 inches of the right-hand curb or, in the absence of a curb, as
close as practicable to the right edge of the right-hand shoulder.
D.
One-way highways. Except as otherwise provided in
this section, every vehicle standing or parked upon a one-way highway
shall be positioned parallel to the curb or edge of the highway in
the direction of authorized traffic movement with its right-hand wheels
within 12 inches of the right-hand curb or, in the absence of a curb,
as close as practicable to the right edge of the right-hand shoulder,
or with its left-hand wheels within 12 inches of the left-hand curb,
or in the absence of a curb, as close as practicable to the left edge
of the left-hand shoulder.
E.
Blocking garage entrances. No person other than the
owner or occupant of the garage shall park a vehicle at any time in
front of, opposite to or in such a position as to block entrance to
or exit by a vehicle from a garage, unless parking in front of the
owners garage by the owner/occupant limits access to the other garages.
F.
Greasing or repair work. No vehicle shall stand on
any street or sidewalk for the purpose of greasing or repair except
in case of emergency repairs.
G.
Parking prohibited at all times. No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XV (§ 212-71), attached to and made a part of this chapter.
H.
Parking trucks, trailers and mobile homes. No truck
trailer, trailer, house trailer or mobile home shall be parked upon
any borough street, thoroughfare, municipal or borough parking lot
without having attached thereto a means of mechanical traction constructed
or designated for the purpose of pulling or drawing such trailer.
In no event shall any truck trailer, trailer, house trailer or mobile
home be parked upon any borough street, thoroughfare, municipal or
borough parking lot for more than 48 consecutive hours.
I.
Parking or storage of major recreational equipment.
It shall be unlawful for any person to park or allow to remain parked,
in excess of 24 consecutive hours, on any public road, street, highway
or municipal parking lot any vehicle other than a passenger car or
truck having a gross vehicle weight rating under 7,000 pounds.
J.
Parking of inoperable or illegally registered vehicles
or the placement of Portable On-Demand Storage units (PODS)®.
[Amended 11-21-2006 by Ord. No. 17-2006]
(1)
No person shall park or leave on the streets, highway
or public property of the Borough any vehicle without current valid
registration plates.
(2)
No person shall park or leave on the streets, highways
or public property of the Borough any vehicle without a current inspection
sticker unless the vehicle is legally parked in front of, or in close
proximity to, an official Pennsylvania state inspection station which
identifies said vehicle by work order specifying a state inspection
will be performed within 24 hours. Additional work orders beyond the
initial twenty-four-hour period are prohibited.
(3)
No person shall park or leave on the streets, highway
or public property of the Borough any vehicle deemed mechanically
inoperable.
(4)
No person shall place, park, or leave any Portable
On-Demand Storage units (PODS)® upon any street, highway or public
property of the Borough.
(5)
No person shall park or leave on the streets, highway
or public property of the borough any vehicle deemed mechanically
inoperable.
K.
Stopping, standing and parking outside business and residence districts. Outside a business or residence district, no person shall stop, park or stand any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or stand the vehicle off the roadway, or upon any of the streets or parts thereof described in Schedule XX (§ 212-77), attached to and made a part of this chapter. In the event it is necessary to stop, park or stand the vehicle on the roadway or any part of the roadway, an unobstructed width of the highway opposite the vehicle shall be left for the free passage of other vehicles, and the vehicle shall be visible from a distance of 500 feet in each direction upon the highway. This subsection shall not apply to the driver of any vehicle which is disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.
L.
Stopping, standing and parking within business and residence districts. Within a business or residence district, no person shall stop, park or stand any vehicle, whether attended or unattended, upon the roadway when it is practicable to stop, park or stand the vehicle off the roadway, or upon any of the streets or parts thereof described in Schedule XX (§ 212-77), attached to and made a part of this chapter. In the event it is necessary to stop, park or stand the vehicle on the roadway or any part of the roadway, an unobstructed width of the highway opposite the vehicle shall be left for the free passage of other vehicles, and the vehicle shall be visible from a distance of 500 feet in each direction upon the highway. This subsection shall not apply to the driver of any vehicle which is disabled in such a manner and to such an extent that it is impossible to avoid stopping and temporarily leaving the vehicle in that position.
M.
Person with a disability and disabled veterans.
[Amended 1-15-2008 by Ord. No. 1-2008]
(1)
When a motor vehicle bearing a person with a disability or severely
disabled veteran plate or displaying a person with a disability or
severely disabled veteran parking placard as prescribed in this chapter
is being operated by or for the transportation of the person with
a disability or severely disabled veteran, the driver shall be relieved
of any liability for parking for a period of 60 minutes in excess
of the legal parking period permitted by local authorities except
where local ordinances or police regulations provide for the accommodation
of heavy traffic during morning, afternoon or evening hours.
(2)
Except for persons parking vehicles lawfully bearing a person with
a disability or severely disabled veteran registration plate or displaying
a person with a disability or severely disabled veteran parking placard
when such vehicles are being operated by or for the transportation
of a person with a disability or a severely disabled veteran, no person
shall park a vehicle on public or private property reserved for a
person with a disability or severely disabled veteran, which property
has been so posted in accordance with departmental regulations, which
shall require a sign stating the penalty amount as set forth in the
fee schedule approved from time to time by resolution of the Borough
Council, and costs, a sign indicating that vehicles in violation of
the subsection may be towed and require that signs be replaced when
they become either obsolete or missing with all costs to replace the
necessary signs to be borne by the persons responsible for signing
the particular location. Any vehicle which is unlawfully parked in
a designated person with a disability parking area may be removed
from that area by towing and may be reclaimed by the vehicle owner
upon payment of the towing costs.
(3)
Local authorities shall have the power and may, by ordinance or resolution, authorize a person with a disability and severely disabled veterans to issue statements to violators or violating vehicles for violation of Subsection M(2). The form of the statement shall be as prescribed by the local authorities.
N.
Unauthorized use. An operator of a vehicle bearing a person with a disability or severely disabled veteran plate or displaying a person with a disability or severely disabled veteran parking placard shall not make use of the parking privileges accorded to a person with a disability and severely disabled veterans under Subsection M(3) unless the operator is a person with a disability or a severely disabled veteran or unless the vehicle is being operated for the transportation of a person with a disability or severely disabled veteran.[1]
[Amended 1-15-2008 by Ord. No. 1-2008]
[1]
Editor's Note: Former Subsection O, Penalty, was repealed
1-15-2008 by Ord. No. 1-2008.
No person shall park a vehicle upon any of the streets or parts of streets described in Schedule XV (§ 212-72), attached to and made a part of this chapter, during the hours specified in said schedule, on any day except Saturdays, Sundays and holidays.
No person shall park a vehicle or allow the same to remain parked upon any of the streets or parts of streets described in Schedule XVI (§ 212-73), attached to and made a part of this chapter, between the hours specified, for longer than the time indicated in said schedule.
It shall be unlawful for any person to park any vehicle or to allow the same to remain parked in any special purpose parking zone established in Schedule XVII (§ 212-74), attached to and made a part of this chapter, except as specifically provided for such zone.
[Amended 10-24-2000 by Ord. No. 6-2000; 5-29-2001 by Ord. No. 5-2001; 9-21-2004 by Ord. No. 21-2004; 1-15-2008 by Res. No. 1-2008]
A.
Any person who violates any provisions of this article is guilty
of a summary offense and shall be sentenced to pay a fine as set forth
in the fee schedule approved from time to time by resolution of the
Borough Council, and costs.
B.
Any police officer or duly authorized community service officer shall
place on motor vehicle(s)/conveyances parked in violation of the provisions
of this chapter, a notice for the owner or operator. Whenever a motor
vehicle is caused, allowed or permitted by any person to be parked
in any area in violation of any parking restriction or parking regulation,
either in this chapter or as otherwise provided by law, notification
of the violation may be given by the placing of a parking notice or
copy thereof upon or within such vehicle, indicating the time of the
violation, the dollar amount of the penalty charged and that such
penalty shall be paid to the Borough of Kutztown within the time specified;
and the place where the penalty charge shall be paid and the manner
of payment. All unlawful parking penalties shall be paid no later
than 20 days after the date of the violation. If the owner or operator
fails to make a payment as aforesaid, a citation shall be issued pursuant
to the Pennsylvania Rules of Criminal Procedure.
