[HISTORY: Adopted by the Board of Supervisors of the Township of East Hempfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-2-1986; amended in its entirety 5-5-2004 by Ord. No. 04-02]
Words and phrases when used in this article, except for sections or articles to which different or additional definitions apply, shall have the meanings ascribed to them in the Vehicle Code, Act of June 17, 1976, P.L. 162, No. 81, as amended, except that, in this article, the word "street" may be used as the word "highway" as defined in the Vehicle Code.
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
In this article, the singular shall include the plural, the plural shall include the singular, and the masculine shall include the feminine.
It shall be a violation for any person to do any of the following:
Park in excess of 72 hours in the same location.
Park a motor vehicle which does not have either current registration or a current inspection sticker.
Park a truck of over 5,000 pounds registered weight in a residential area, except for such periods of time necessary to make deliveries.
Park in front of a private driveway.
Park on a sidewalk.
Park in front of a fire hydrant.
Park on private property without the consent of the owner or the consent of the proprietor thereof.
Park in a "No-Parking Zone" which is designated as such by posted signs.
Park in a "Handicapped Zone" which is designated as such by posted signs without properly demonstrating such status on the automobile.
Park in a "Fire Traffic Zone" which is designated as such by posted signs.
Park, stop or stand in a zone prohibiting such by posted signs.
Park against the flow of traffic.
Park within 30 feet upon the approach to any flashing signal, stop sign, yield sign, or traffic control signal located at the side of a roadway.
Any person who violates any provision of this article shall, upon conviction, be sentenced to pay a fine of not more than $30 and costs, provided that: It shall be the duty of the authorized representative of the Police Department of the Township of East Hempfield to report to the Board of Supervisors all violations of any provisions of this article, indicating, in each case, the section violated, the location where the violation took place and any other facts that might be necessary in order to secure a clear understanding of the circumstances relating to the violation. The police officer or other person making the report shall also attach to or place upon every such vehicle a notice stating that the vehicle is parked in violation of this article. The notice shall contain instructions to the owner or driver of the vehicle that, in order to avoid prosecution and the payment of the fines and costs prescribed in the first sentence of this section, he or she should report to the East Hempfield Township Police Department and pay the sum of $15 within five days from the date of the notice or, in the alternative, mail the sum of $15 to the East Hempfield Township Police Department within five days from the date of the notice.
The owner of any vehicle, as determined from the vehicle registration plate, vehicle identification number or any other reasonable means, whether or not said owner was the operator of such vehicle, shall, nevertheless, be responsible for and liable for any penalties imposed for violations stated under any and all sections of this article. Such responsibility shall not relieve the actual operator of such responsibility, and all penalties may be assessed and collected from either.
The provisions of this article, so far as they are the same as those of ordinances and regulations enforced immediately before the enactment of this article, are intended as a continuation of those earlier ordinances and regulations and not as new enactments. Nothing in this article shall affect any act done or liability incurred, or any suit or prosecution pending or to be instituted under any of those repealed or superseded ordinances or regulations.
[Adopted 2-3-1999 by Ord. No. 99-02]
This article is adopted under the authority of Section 6109 of the Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 6109, as amended from time to time.
This article shall also be known and may be cited as the "East Hempfield Township Residential Permit Parking Ordinance."
The Board of Supervisors recognizes that the parking demands involving certain commercial, recreational, institutional and public uses may have a harmful impact upon adjacent residential areas. The Board therefore deems it appropriate to adopt parking restrictions to both permit the appropriate use of public roadways and to protect the quiet enjoyment of residential areas. In addition, the Board adopts the following article for the following specific reasons:
To reduce hazardous traffic conditions resulting from the use of streets within residential districts for vehicles parked by persons not residing within the residential districts.
To protect these residential districts from polluted air, excessive noise and refuse caused by the entry of such vehicles.
To protect the residents of these residential districts from unreasonable burdens in gaining access to their residences.
To preserve the character of these districts as residential districts.
To encourage the use of public and other mass transportation.
To promote efficiency in the maintenance of streets in these residential districts in a clean and safe condition.
To preserve the value of the property in these residential districts.
To promote traffic safety and the safety of children and other pedestrians in these residential districts.
To forestall dangers arising from the blocking of fire lanes, hydrants and other facilities required by emergency vehicles, both in reaching victims and in transporting them to hospitals.
To facilitate the movement of traffic in the event of accidents and other disasters.
To promote the peace, comfort, convenience and welfare of all inhabitants of the Township.
As used in this article, the following terms shall have the meanings given herein:
- A person who occupies real estate, as owner or tenant, within a residential district as his or her principal residence.
- RESIDENTIAL DISTRICT
- A contiguous or nearly contiguous area identified by the Traffic Commission as hereinafter set forth, containing public highways or parts thereof primarily abutted by residential property or residential and nonbusiness property, such as schools, parks, churches, hospitals and nursing homes.
- RESIDENTIAL PARKING PERMIT AREA
- A residential district where curbside parking on public highways is restricted as set forth in this article on weekdays during hours fixed by the Traffic Commission unless the vehicle properly displays a parking permit authorized by this article.
The powers and duties as contained and set forth in this article shall be performed by an administrator, to be known as the "Residential Parking Permit Administrator," who shall be designated by the Board of Supervisors by resolution from time to time. The Administrator shall be responsible for the orderly operation and administration of all aspects of the residential parking permit system.
The Traffic Commission ("Commission") is hereby empowered to determine, in its discretion and in accordance with the standards and procedures set forth herein, whether a residential district, or portion thereof consisting of not less than one block in area, may be designated or may continue to be designated a residential parking permit area. The decision of the Commission shall become effective and be subject to review and approval by the Board of Supervisors.
The Commission shall, in accordance with the provisions for curbside parking time limits hereinafter set forth, fix the hours when the restrictions on curbside parking by persons not holding parking permits shall be in effect.
Within a designated residential parking permit area, persons not holding parking permits shall be limited to not more than two hours between such hours on weekdays, excepting those holidays set forth in this article or in regulations promulgated under it, as the Commission shall establish at the time of designation of a residential district as a residential parking permit area, provided that such period of hours when curbside parking by nonparking permit holders shall be restricted shall not exceed the period of from 7:00 a.m. to 6:00 p.m. but may be such lesser time as the Commission determines to be warranted by the circumstances of the residential curbside parking needs of the particular residential district involved.
After the Commission's decision to designate a residential parking permit area, parking signs shall be erected in the designated residential parking permit area.
The parking signs shall be of such character as to readily inform an ordinarily observant person that curbside parking on public highways in the designated residential parking permit area is limited on weekdays, excepting those holidays set forth in this article or regulations, to not more than two consecutive hours between the hours posted on the sign unless the vehicle properly displays thereon a parking permit authorized by this article.
A residential parking permit shall be issued only to a motor vehicle operator or owner who is a resident of the residential parking permit area for which the permit is issued.
The application for the residential parking permit shall contain the following information:
The name and residential address of the owner of the vehicle.
The name, residential address and driver's license number of the principal operator of the vehicle.
The make, model and registration number of the vehicle.
The signature of the applicant for the residential parking permit.
Parking permits will be issued at no fee to residents; provided, however, that the Board of Supervisors may, by resolution, adopt a fee schedule designed to cover the cost of processing the application and operating the residential parking permit area program.
Upon the applicant's fulfillment of all applicable provisions of this article controlling the issuance, renewal or transfer of residential parking permits, the Administrator or the Administrator's designee shall issue to the applicant one residential parking permit for the vehicle described in the application.
The residential parking permit shall be securely affixed to the right nonreflecting side of the rear view mirror of the vehicle and shall display the numerical designation of the residential parking permit area.
A vehicle shall be issued a residential parking permit only if it displays the required state license plate and current inspection certificate.
An owner of more than one vehicle may obtain a permit for each vehicle owned, provided that all other requirements of this article are met.
Upon the holder's submission of a completed and validated residential parking permit application and his or her fulfillment of all applicable provisions of this article controlling issuance, renewal or transfer of residential parking permits on or before the expiration date of the existing residential parking permit, the holder shall be issued a new residential parking permit.
The expiration date to be displayed on the new residential parking permit shall be one year following the expiration date of the existing residential parking permit.
Upon the holder's submission of a completed and validated residential parking permit application, the holder shall be issued a new residential parking permit to be transferred to another qualifying vehicle.
The transfer of the residential parking permit to another qualified vehicle shall not affect the expiration date of the permit.
Upon application of any resident of a residential parking permit area, the Administrator or the Administrator's designee shall issue a visitor parking permit to the resident to the visitor's vehicle limited to that particular parking permit area for a period not exceeding 15 days. No more than two visitor parking permits shall be issued with respect to any one residence at any one time. The resident shall be the holder of and be responsible for the use and misuse of any visitor parking permits issued with respect to his or her residence.
The parking restrictions imposed by this article shall not apply to any service or delivery vehicle when used to provide services or make deliveries to one or more residences within a residential parking permit area, provided that such service or delivery vehicle shall not be parked within the parking permit area for more than four hours in duration on any given day. Any person desiring to park a service or delivery vehicle within a residential parking permit area for more than four hours on any day must submit an application for a business parking permit.
Upon application of any resident of a residential parking permit area, the Administrator or the Administrator's designee shall issue a guest parking permit to the resident for the use of such guest vehicle if, in the judgment of the Administrator, the issuance of the permit will not unduly impair traffic safety during the time of the permit's validity.
Such guest parking permit shall be limited to one day in duration.
The Administrator may limit a guest parking permit to a designated street or portion of a street within a residential parking permit area.
The Administrator shall limit the issuance of guest parking permits so that there are no more permits outstanding at any one time than 1/2 of the number of curbside parking spaces for which such permits are valid.
The resident shall be the holder of and be responsible for the use and misuse of any guest parking permits issued with respect to his or her residence.
All visitor, business and guest parking permits shall be displayed on or about the front windshield of the vehicle so as to be easily visible from outside the vehicle. Such permits shall contain the following:
A parking permit shall not guarantee or reserve a parking space within a designated residential parking permit area. A parking permit shall not authorize the standing or parking of any vehicle in such places and during such times as the stopping, standing or parking of vehicles is prohibited or set aside for specified types of vehicles and shall not excuse the observance of any traffic regulation other than the two-hour parking limit enforced in the residential parking permit area.
Whenever the holder of a residential, visitor, business or guest parking permit, or the vehicle for which the parking permit was issued, no longer fulfills one or more of the applicable provisions of this article controlling issuance, renewal or transfer of parking permits, the holder shall so notify the Administrator or the Administrator's designee, who may then direct the holder to surrender the permit.
Until its expiration, surrender or revocation, a parking permit shall remain valid for such time as the holder continues to reside within the designated residential parking permit area.
A parking permit shall be valid only in the residential parking permit area for which it is issued.
The Commission may at any time withdraw the designation of an existing residential parking permit area, whereupon the Administrator or the Administrator's designee shall mail to every resident within the existing residential parking permit area a notice of the Commission's withdrawal of the designation and shall remove the parking signs which designate the residential parking permit area.
The effective date of the withdrawal of the designation of an existing residential parking permit area shall be 30 days following the date of the Commission's decision to withdraw the designation.
The Administrator is authorized to establish reasonable regulations necessary or appropriate to implement and enforce the provisions of this article, which regulations shall become effective upon approval by the Board of Supervisors.
Any person who shall park in a designated residential parking permit area in violation of the posted time limit set forth on the parking signs erected in the parking permit area without properly displaying the parking permit required by this article, or who shall fail to surrender a parking permit when directed to do so, or who shall display a parking permit on a vehicle not entitled to the permit or otherwise represent that a vehicle is entitled to a parking permit when the vehicle is not entitled to the permit, or who shall duplicate or attempt to duplicate by any means a parking permit authorized by this article or display such a duplicate parking permit, or who shall otherwise violate this article or the regulations promulgated under it, shall be in violation of this article and, upon conviction thereof in a summary proceeding, be fined not less than $25 nor more than $50 for each violation. Each day during which a parking violation occurs shall be considered a separate violation.
This article shall not affect any other traffic or parking ordinances except to the extent that such ordinances are directly inconsistent herewith.