As used in this article, the following terms
shall have the meanings indicated:
The City of Scranton.
One who holds property in fee simple.
The entire width between the boundary lines of every way
when any part thereof is open to the use of the public for purposes
of vehicular travel. This includes access roads or lanes on real property
open to the public for vehicular travel by permission of the owner.
For the purposes of this article, roadway includes access roads or
lanes on which the owner has authorized enforcement by the Scranton
Police Department.
Used in the mandatory sense.
The Pennsylvania Vehicle Code, 75 Pa.C.S.A. § 101,
et seq., as amended.
A.
Any person or persons who owns real property and who
permits the public to use the same for vehicular travel, not as a
matter of right, desiring to avail himself of the right to regulate
his property pursuant to 75 Pa.C.S.A. § 6113(a) by requesting
the assistance of the Scranton Police Department to regulate traffic
thereon, shall request the Director of Public Safety to enforce the
Pennsylvania Vehicle Code and Municipal Traffic Ordinances on his
property.
B.
Contents of request. The request shall be in writing
and shall contain the name and address of the owner, the address and
description of the real property in question, a statement that the
owner requests the assistance of the Scranton Police Department to
enforce traffic regulations on his property and that he meets and/or
will comply with the standards of this article, that public notice
of rules will be done in accordance with this article.
C.
Upon receipt of a request, the Director of Public
Safety shall notify the Mayor, City Council and the Law Department
of said request and shall inspect the property, either personally
or by his designee, to verify that property prior to any enforcement
action complies with this article. The Director of Public Safety or
his designee shall conduct such further investigation as may be necessary
and may request additional information from the owners of the property.
D.
If the procedures and standards of this article are met, the Director of Public Safety shall so certify, in writing, to the Mayor and Council and may direct that the Scranton Police Department may enforce traffic regulations on said real property, such certification to be a public record and supplied to the officials listed above in Subsection C.
E.
If the provisions of this article are not met the
Director of Public Safety shall so advise the owner.
F.
The size and placement of any speed limit signs and
traffic control devices shall be in accordance with applicable regulations
of the Pennsylvania Department of Transportation, including but not
limited to 67 Pa. Code Chapter 211, Official Traffic Control Devices,
and Chapter 217, Posting of Private Parking Lots. This shall not be
construed as requiring such signs or devices, which may be placed
on the property. The cost of installation or maintenance of any signs,
traffic control devices or markings shall remain the responsibility
of the owner, who shall also bear the expense of any necessary engineering
study.
G.
The property is properly posted in accordance with
this article, Chapter 217 of the Pennsylvania Code (PennDot Regulations
and other applicable statutes, including 75 Pa.C.S.A. § 3353)
and public notice given.
H.
If signs are posted warning of time limits for parking
or other traffic restrictions, the owner either with security personnel
or other agents shall monitor potential violators and may report them
to police.
A.
The owner must consent to the enforcement of the entire
Pennsylvania Vehicle Code, as amended, 75 Pa.C.S.A. § 101
et seq., on the property as though the access roads or lanes on said
property constituted a public road or roadway as defined in the Vehicle
Code.
B.
The owner must consent to the enforcement of all municipal
traffic and parking ordinances on the property as though the access
roads or lanes and parking adjacent thereto constituted a public road,
street or roadway as defined in the vehicle code.
C.
The owner shall execute a hold harmless agreement
approved by the City Solicitor, a copy to be on file with the Director
of Public Safety.
D.
The owner must acknowledge, in writing, his understanding
that the Scranton Police Department cannot and does not serve as a
guarantor of the safety of any person or property on said property,
nor are they to act as private security personnel, but they may act
on this property to regulate traffic.
A.
Each owner shall post the property and provide public
notice of enforcement, in addition to such placing of speed limit
signs, markings or official traffic devices which he may deem necessary:
(1)
Each vehicular entrance shall be posted so that signs
face traffic entering so as to be visible at all times to an ordinarily
observant driver. Signs to be read in darkness are to be reflectorized
or illuminated by lights.
(2)
Each pedestrian entrance shall be posted so as to
be visible to an ordinarily observant pedestrian.
(3)
The signs at the entrances shall state "Vehicle Code/Ordinances
Enforced On Property," and may give the owner's name and address.
They shall be at least 12 inches wide.
(4)
If there are other rules prescribed by the owner,
(e.g. Restricted Parking/Parking-Customers Only) they shall be posted
along the access road or lanes so as to be visible to an ordinarily
observant driver, as well as being posted in the respective location.
B.
Public notice. The owner of the property shall advertise
twice in a newspaper of general circulation within the City of Scranton
that he (name and address) is requesting the City of Scranton to enforce
the Pennsylvania Vehicle Code and Municipal Traffic Ordinances on
his property, identified by address or other description of its location,
and that he has posted the said property, specifying any other rules
(i.e. Restricted Parking/Parking-Customers Only), whether such property
is posted as a private parking lot in part, pursuant to 75 Pa.C.S.A.
§ 3353, and indicating the speed limit, if any, duly posted.
The notice shall further state that violations are punishable by fine
or imprisonment pursuant to said code or ordinances. The notice shall
state that this request is made pursuant to 75 Pa.C.S.A. § 6113(a).
The owner shall deliver a copy of said notice, with proof of the publication,
to the Director of Public Safety. The expense of such notice shall
be the owner's responsibility. The Director shall provide copies to
the Mayor, City Council, Law Department and Police Department.
A.
Where the conduct prohibited is a violation of the
Vehicle Code, as amended, the penalty shall be the same, both as to
fine or imprisonment and costs of prosecution, as specified for such
conduct in the Vehicle Code.
B.
Where the conduct prohibited is a violation of an
ordinance of the City of Scranton, which is not superseded by the
Vehicle Code, the penalty prescribed in said ordinance shall be the
penalty for such conduct on real property used by person with the
consent of the owner.
C.
If no penalty is expressly stated in a municipal ordinance,
then the penalty shall not exceed $300 fine, or not more than 90 days
imprisonment, plus the costs of prosecution or both.
A.
The requests for assistance, the certifications of
the Director of Public Safety, the proof of publication and public
notices duly advertised in accordance with this article shall be public
records, open to public inspection during business hours which may
be copied at the charges prescribed by the City.
B.
In any prosecutions under this article, under the Vehicle Code in accordance with the provisions of this article or any traffic ordinances pursuant to this article, the documents specified in Subsection A upon execution of a certification by the Director of Public Safety, or a designated custodian, that this copy is a fair and accurate copy of the originals on file with this office shall be received as evidence in any court of competent jurisdiction without other evidence of their truth, accuracy or authenticity.
C.
The successful completion of the procedures prescribed
by this article shall enable the access roads or lanes to be roadways
within the definition of this article. It shall be no defense to prosecution
that the roadway is not publicly maintained if the procedures prescribed
by this article for authorization have been complied with.
Any owner who has authorized the Scranton Police Department to enforce the Vehicle Code and traffic ordinances on his property may terminate such authorization by informing the Director of Public Safety, in writing, with copies to the Mayor, City Council and the Law Department; giving at least 30 days' prior notice and advertising such intent in a newspaper of general circulation twice. A copy of such notice and proof of publication shall be forwarded to the Director of Public Safety, who shall notify other City officials. Nothing herein shall be construed to impair the prosecution of citations issued prior to the date of termination. At the time of termination, all speed limit signs and official traffic control devices, if any, and the posted signs required by § 439-80A, shall be removed.
Fines for Vehicle Code violations shall be handled
in the same manner as Vehicle Code fines on publicly maintained roadways.
Fines for violations of Scranton traffic ordinances shall be paid
into the City treasury. Any costs shall be handled in the same manner
as was done prior to this article.
