[HISTORY: Adopted by the City Council of the City of Harrisburg by Ord. No. 14-1978. Amendments noted where applicable.]
Parking: see Ch. 3-131.
Parking: see Vehicle Code, 75 Pa.C.S.A. § 3351 et seq.
Parking prohibitions: see Vehicle Code, 75 Pa.C.S.A. § 3353.
[Ord. No. 6-1980]
The Council of the City of Harrisburg deems it to be in the interest of the citizens of the City to provide for the establishment of a residential parking permit program to ensure primary access to available parking space by neighborhood residents as well as to provide for a cleaner ambient air level. The powers and duties as contained in this chapter shall be performed by an Administrator who shall be designated by the Mayor (hereinafter "Administrator") and are enacted for the maintenance of the public health and welfare of the citizens of the City. The Administrator may be a person, bureau or other legal entity.
The Administrator is hereby authorized to designate, subject to approval by Council as hereinafter provided, public highways and other areas within the City on which the parking of vehicles may be restricted on weekdays, excepting holidays, in whole or in part, unless otherwise indicated, to vehicles bearing a valid parking permit issued pursuant to this chapter. This authority shall be in addition to and may be exercised in conjunction with any other authority to regulate the times and conditions of motor vehicle parking.
[Amended 11-10-2009 by Ord. No. 15-2009; 11-10-2009 by Ord. No. 16-2009]
Residential permit parking zones in the following areas during the following hours are hereby approved:
For the purpose of this chapter, the following terms shall have the following meanings designated for each, unless the context clearly dictates otherwise:
- A person who owns or leases real property within a residential area of which he or she is not a resident and who owns or manages a business enterprise or professional office at that address. For purposes of this chapter, a proprietor shall be entitled to one parking permit for such business or professional office address.
- A person who owns or leases real property within a residential area and who maintains either a voting residence or bona fide occupancy, or both, at that address.
- RESIDENTIAL AREA
- A contiguous area containing public highways or parts thereof primarily abutted by residential property or residential and related non-business property such as schools, parks, churches, hospitals, and nursing homes.
A residential area shall be deemed impacted and thereby eligible for residential permit parking if:
During any period between the hours of 7:00 a.m. and 6:30 p.m., weekdays except holidays, the number of vehicles parked or standing, legally or illegally, on the streets in the area is equal to 70% or more of the legal on-street parking capacity of the area. For purpose of this criterion, a legal parking space shall be 20 linear feet; or
During the same period as in Subsection A(1) above, 10% or more of the vehicles parked (or standing) on the streets in the area are not registered in the name of a person residing in this area. For purposes of this criterion, the Administrator shall undertake such surveys as said Administrator deems necessary to satisfy the eligibility requirements as stated herein.
[Ord. No. 6-1980]
In determining whether an area identified as impacted is eligible for residential permit parking, the Administrator shall take into consideration the following factors:
The local and metropolitan needs with respect to clean air and environment;
The possibility of a reduction in total vehicle miles driven in the City;
The likelihood of alleviating traffic congestion, illegal parking, and related health and safety hazards;
The proximity of public transportation to the residential area;
The desire and need of the residents for residential permit parking and their willingness to bear the administrative costs in connection therewith; and
The need for parking in excess of the residential permit parking program in proximity to establishments located therein and used by the general public for religious, health or educational purposes.
In order to determine whether a particular street, avenue or other location should be designated as a residential permit parking area or to determine whether to remove such designation, the Administrator may conduct, upon his or her own initiative or upon a petition of a majority of the households in such area addressed to the Administrator or Council, a public forum prior to the designation of a parking permit area or prior to the withdrawal of such designation once it is established. Such forum shall be held only after due notice has been published in a newspaper of general circulation. The notice shall clearly state the purpose of the forum, the exact location and boundaries of the residential permit parking area under consideration and the reasons why such area is being proposed for designation or removal as a residential permit parking area. During such forum any interested person shall be entitled to appear and be heard. No forum shall be held and no area designated if it is not found to be an impacted area under Subsection A hereof.
Within 30 days following the close of the public forum, the Administrator shall recommend by report to Council, based on the record of such forum, whether to designate the area under consideration as a residential permit parking area or to remove the designation in the case of an established residential permit parking area.
The Administrator's report to Council shall include, inter alia, a recommendation of specific hours and streets as it pertains to the particular needs of each designated residential area.
Following Council approval of the designation of a residential permit parking area, the Administrator shall issue appropriate permits and shall cause parking signs to be erected in the area, indicating the times, locations, and conditions under which parking shall be by permit only. A permit shall be issued, upon application and payment of the applicable fee, only to the owner or the operator of a motor vehicle who resides on or is a proprietor of property immediately adjacent to a street, avenue, or other location within the residential permit parking area. A separate permit shall be required for each motor vehicle.
The application for a permit shall contain the name of the owner or operator of the motor vehicle, the resident's or proprietor's address, the motor vehicle's make, model and registration number, and the number of the applicant's operator permit. The motor vehicle's registration and operator's license may, in the discretion of the Administrator, be required to be presented at the time of making said application in order to verify the contents thereof. The permit shall be renewed annually. The permit shall display the motor vehicle's serial number, license number, zone number and expiration date.
[Ord. No. 63-1990; amended 5-25-2010 by Ord. No. 4-2010]
Notwithstanding any provision of this chapter to the contrary, the holder of a residential parking permit shall be permitted to stand or park a motor vehicle operated by him or her in any designated residential parking area during such times as the parking of motor vehicles therein is permitted. While a vehicle for which a residential parking permit has been issued is so parked, such permit shall be displayed so as to be clearly visible through the windshield of the vehicle. A residential parking permit shall not guarantee or reserve to the holder of a permit a parking space within a designated residential permit parking area.
A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing, or parking of motor vehicles is prohibited or set aside for specified types of vehicles, nor exempt the holder from the observance of any traffic regulation other than residential permit parking restriction; provided, however that a holder of a current residential parking permit shall be permitted to park at no cost to the holder of the permit between 8:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 5:00 p.m. at any meter within the residential parking permit zone for which the holder’s permit was issued. No parking ticket shall be issued to the owner of an automobile parked at a meter within a residential parking permit zone between 8:00 a.m. and 9:00 a.m. and between 3:00 p.m. and 5:00 p.m. if a current residential parking permit for the applicable zone is displayed in the vehicle’s windshield. Additionally, between the hours of 9:00 a.m. and 3:00 p.m., a permit holder may park at a meter space beyond the posted time limit without being in violation of § 3-133.14 so long as additional coins are deposited in the meter to keep it from expiring.
No person other than the permittee named thereon shall use a residential parking permit or display it on a vehicle operated or parked, and any such use or display by a person other than the permittee shall constitute a violation of this chapter by the permittee and by the person who so used or displayed such parking permit.
It shall constitute a violation of this chapter for any person to falsely represent himself or herself as eligible for a residential parking permit or to furnish any false information in an application to the Administrator in order to obtain a residential parking permit.
[Ord. No. 16-1980]
All residents who qualify for a residential parking permit and have attained the age of 65 years are hereby exempted from payment of the fee of $15 charged for the residential parking permit.
[Ord. No. 49-1983; Ord. No. 26-1993; amended 11-10-2009 by Ord. No. 16-2009; 3-20-2012 by Ord. No. 2-2012]
The Administrator is authorized to revoke the residential parking permit of any permittee found to be in violation of this chapter, and, upon written notification thereof, the permit holder shall surrender such permit to the Administrator. The permit holder's failure, when requested, to surrender a residential parking permit shall constitute a violation of this chapter.
The Administrator is authorized to establish residential parking fees to cover the administrative costs of permits issued pursuant to this chapter.
The annual residential parking fee shall be $30 for a new residential customer's first annual parking permit and a renewal charge of $25 for each additional year. However, the annual fee shall be prorated so that permittees who apply for a permit after the eighth month of the permit year shall pay only $10 for such permit.
The Administrator is authorized to make provisions for the issuance of temporary parking permits to bona fide visitors of residents of a designated residential parking area and for the issuance of exemption parking permits to handicapped persons.
Temporary residential parking permits effective for 30 days may be obtained for a fee of $15. Temporary residential parking permits effective for two weeks may be obtained for a fee of $10.
[Amended 6-11-2013 by Ord. No. 9-2013]
The Administrator shall adopt rules and regulations necessary for the administration of this residential parking permit program. These rules and regulations shall be subject to approval by City Council prior to being effective.
The Administrator is authorized upon petition of the majority of the households in any such area, or upon his or her own initiative, to adjust the hours of residential parking in a residential permit parking zone upon a case-by-case review of the relevant conditions prevailing and to transmit notice of such changes to the Traffic Engineer for appropriate action; provided, however, that the Administrator may not extend the restricted hours earlier than 8:00 a.m. or later than 5:00 p.m.
[Added 11-12-2014 by Ord. No. 13-2014]
Chapter 3-139 shall be deemed to authorize and empower authorized agents of the City to enforce parking regulations consistent with this chapter and the Traffic Code, in accordance with such provisions or as otherwise authorized by law.
Nothing in Chapter 3-139 shall be deemed to impede the police powers of the City.
Whoever violates any provision of this chapter shall, upon conviction thereof, pay to the City a fine in the amount of $15.
Any duly authorized employee of the City under the direction of the Mayor or Chief of Police shall notify such person of the unlawful parking charge by placing a written notice or ticket under the windshield wiper, or in some conspicuous place on such vehicle, indicating the time of the violation, the amount of the unlawful parking charge, that such charge shall not be more than $15 and shall be paid to the City, and the place where such payment shall be made and the manner of payment. The unlawful parking charge shall be paid to the City not later than 10 days after the date of the violation, and the notice or ticket placed on the vehicle at the time of the violation shall advise the owner or operator of such vehicle that, unless the unlawful parking charge is paid within the time limits herein specified, the fine payable upon conviction of such unlawful parking and failure to pay such charge shall be $15 and costs and, in default of payment thereof, imprisonment for not more than 10 days.