[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.
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.[1] 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[2]]
On the south side of Maple Street from Penn
Avenue for a distance of approximately 300 feet westward to Fleming
Avenue;
On the north side of South Avenue from South
Seventh Street to Maryland Way;
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
On the east side of Fourth Street from Church
Street to School Street.
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]
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.
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.
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.
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.
B.
A permit
shall not be construed to satisfy off-street parking requirements
of any applicable ordinance of the Borough of Indiana.
C.
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.
D.
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.
E.
Permits
shall be displayed as indicated on the permit.
F.
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.
G.
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.
H.
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.
I.
Replacement
permits.
(1)
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.
(2)
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[1]]
J.
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.
A.
Permit application fees.
(1)
The following application fees shall be as set from
time to time by resolution of the Borough Council:
(2)
Council shall have the right to establish a schedule
of fees and to change fees for permits by resolution.
B.
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:
A.
The south
side of Washington Street between Sixth Street and Wayne Avenue.
A.
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]
B.
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.
C.
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.
D.
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]
A.
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.
B.
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.
