[HISTORY: Adopted by the Borough Council of the Borough of Indiana 7-6-1993 by Ord. No. 1589. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the meanings indicated:
- Includes parking tickets and citations.
- EMPLOYEE PERMIT PARKING AREA
- A contiguous area of land all of which is designated for
the use of employees who work within Indiana Borough, and who pay
the Borough local services tax. Such area shall be designated by Borough Council by resolution.
The locations of the present districts are as follows:[Added 11-16-1993 by Ord. No. 1595]
- A. On the south side of Maple Street from Penn Avenue for a distance of approximately 300 feet westward to Fleming Avenue;
- B. On the north side of South Avenue from South Seventh Street to Maryland Way;
- C. On the west side of South Seventh Street for a distance of 120 feet south of the driveway located at 554 South Seventh Street; and
- D. On the east side of Fourth Street from Church Street to School Street.
- INVALIDATED PERMIT
- A permit that has been marked null and void on the Borough
records though the sticker is still otherwise currently valid. An
expired sticker shall not be considered an invalidated sticker.[Added 7-5-1994 by Ord. No. 1629]
- NONDRIVER PARKING PERMIT
- A parking permit that shall be address specific that may
be purchased by a resident in a residential permit parking district
who is a nondriver and who is either physically handicapped or of
65 years of age or older, providing that the primary purpose of the
permit is for the care and benefit of the resident living at that
address and that the permit can only be used at such times as the
resident is receiving a direct and continuous benefit from the use
of the permit.[Added 1-18-1994 by Ord. No. 1608; amended 6-4-1996 by Ord. No. 1685]
- A parking permit issued in accordance with this chapter.
- PERMIT HOLDER
- A property owner or designee of the property owner who is entitled to use the parking permit.
- A written request to Borough Council signed by property owners urging establishment or elimination of a residential parking district with specific boundaries, executed by property owners in the proposed residential parking district or that portion of the district to be eliminated, representing at least 51% of the properties.
- An area of land on which are one or more dwelling units, identified on the Indiana County assessment maps as a separate property with distinct property number, described by a separate description in a deed and abutting one or more public streets. Individual condominium units shall not be considered separate properties.
- Any person who lives at a property located in Indiana Borough. A resident who has been issued a driver's license shall prove evidence of residency within Indiana Borough by displaying a driver's license when applying for a permit.
- RESIDENTIAL PARKING DISTRICT
- A contiguous area of land all of which is zoned in one or more residential classifications within which Borough Council has established on-street parking restrictions affecting those who do not have parking permits. Such districts shall be designated with specific boundaries by Council. On streets that form boundaries, both sides of the street shall be considered as within the district. Borough Council shall, by resolution, designate the specific boundaries of residential parking districts.
- Every device in, upon or by which any person or property is or may be transported or drawn upon any street or highway.
[Amended 11-16-1993 by Ord. No. 1595]
The Borough Manager or a Borough employee appointed as his designee shall issue permits for on-street parking within any adopted residential parking area or employee permit parking area, in accordance with the following requirements:
A resident of a property within Indiana Borough shall be entitled to no more that two permits; provided, however, that no more than two permits shall be issued to each property. The resident who is entitled to the permits may assign permits to tenants living at the property.
A permit shall not be construed to satisfy off-street parking requirements of any applicable ordinance of the Borough of Indiana.
A resident is entitled to no more that two temporary permits for the use by visitors during periods when restricted parking is in force. Temporary permits shall be valid for one day between 7:00 a.m. and 6:00 p.m. and shall be displayed as indicated on the permit. Renewal of temporary permits shall be on a day-to-day basis.
All handicapped residents of the Borough of Indiana shall be entitled to one parking permit, upon application in accordance with this chapter, as well as proof of the possession of a handicapped license or placard. Any person desiring a parking permit shall have the right to request one from the ad hoc parking committee, and if denied a parking permit by the ad hoc parking committee, shall have the right to appeal to Borough Council.
Permits shall be displayed as indicated on the permit.
The permit shall entitle the driver of the vehicle displaying the permit to park on a street within the residential parking district during restricted parking hours.
All parking permits shall expire on December 31 of each year. Permits for the following year shall be applied for after December 1 of the prior year.
The application for a permit shall include the name, address, state and driver's license number of the applicant, and the respective assignee of the permit, together with the make, model, year, color and license number of the vehicle to which the permit will be affixed.
It shall be unlawful to buy or sell permits from anyone other than the Borough Manager or his designee. In the event that the vehicle upon which the permit is affixed is sold or discarded, the owner of the vehicle shall so notify the Borough Manager or his designee, and shall serve a replacement permit which shall be effective until the expiration date of the original permit. Before discarding or selling a vehicle, the owner shall remove the permit and present it to the Borough Manager or his designee as a condition of receiving a replacement permit.
If a replacement sticker is provided for any reason to a permit holder, the permit holder shall supply adequate evidence of the removal of the original sticker from the car. The Borough Manager or a Borough employee appointed as his designee shall determine whether the permit holder has provided adequate evidence of the removal of the original sticker. If the Borough Manager or his designee determines that there is not adequate evidence of the removal of the sticker from the vehicle, the permit holder shall be charged a fee, as set from time to time by resolution of the Borough Council, for a replacement sticker and the original sticker shall be invalidated on the Borough's books.
[Added 7-5-1994 by Ord. No. 1629]
No permit shall be issued until all outstanding parking or other vehicle citations issued by the Borough against the applicant for the permit and the applicant's designee have been paid in full.
Permit application fees.
The following application fees shall be as set from time to time by resolution of the Borough Council:
[Amended 11-16-1993 by Ord. No. 1595; 1-18-1994 by Ord. No. 1608]
Annual permit fee for employee permit parking area, which shall be effective January 1 of each year.
Council shall have the right to establish a schedule of fees and to change fees for permits by resolution.
Unless otherwise established by resolution by Borough Council, restricted parking shall be enforced within the residential parking district between the hours of 7:00 a.m. and 6:00 p.m. prevailing time, Monday through Friday, except for national holidays that fall on weekdays.
[Added 11-2-1999 by Ord. No. 1999-08]
There shall be permit parking in the following areas:
The south side of Washington Street between Sixth Street and Wayne Avenue.
It shall be unlawful for any person, partnership or corporation to park any vehicle within any residential parking district or employee parking area during restricted parking hours, without the appropriate permit; providing, however, that Borough Council may, by resolution, provide a two-hour grace period so that no violation will occur until after the vehicle has been within a restricted area for a period of two hours, providing, however, that there shall be no two-hour grace period in employee parking areas.
[Amended 11-16-1993 by Ord. No. 1595]
Any person who manufactures, counterfeits, sells or aids in the manufacturing, counterfeiting or sale of permits, except for the Borough Manager or his designee, shall be in violation of this chapter.
A violation of Subsection A above shall be processed initially as a parking violation. Other violations of this chapter shall be processed as provided for by state law.
It shall be unlawful for any person, partnership or corporation to utilize an invalidated permit while parking in a permitted zone.
[Added 7-5-1994 by Ord. No. 1629]
Any person, partnership or corporation violating § 305-5A above shall, upon conviction, be fined $10 together with costs, and, upon failure to make payment of said fine and costs, be sentenced to imprisonment for five days. Each day shall constitute a separate offense; providing, however, that if the fine is paid by 12:00 p.m. of the following day by delivery to the Borough Police Station or by placing the same in the United States mail, postage prepaid to the Borough Police Station, the sum of $5, no prosecution shall take place for such violation.
Any other violation of this chapter shall be subject to a fine of not less than $300, upon conviction, together with costs, and, upon failure to pay said fine and costs, to imprisonment for no more than 10 days.