[HISTORY: Adopted by the Borough Council of the Borough of
Boyertown as indicated in article histories. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 184.
[Adopted 8-26-1993 by Ord. No. 7-93]
The Borough Council of the Borough of Boyertown finds and declares
that the provisions of this article are hereby enacted for the following
reasons:
A.
Residents have experienced unreasonable burdens in access to their
residences.
B.
Hazardous traffic conditions have resulted from the use of streets
within residential districts from vehicles parked by persons not residing
within the residential areas.
C.
There is a need to protect residential areas from polluted air, excessive
noise and refuse.
D.
There is a need to avoid conflicts over a limited number of parking
spaces within a residential area.
E.
There is a need to preserve the value of property in the residential
areas.
F.
There is a need to promote traffic safety and the safety of children
and other pedestrians in the residential areas.
G.
There is a need to promote the peace, comfort, convenience and welfare
of all inhabitants of the Borough.
This article shall also be known and may be cited as the "Boyertown
Residential Parking Permit Ordinance."
As used in this article, the following terms shall have the
following meanings:
All households having a street address on the same hundred
block.
An individual occupying a dwelling unit or a group of individuals
occupying a dwelling unit and having the permanent and domestic characteristics
of a biological family.
A person who occupies real estate within a residential district
as his principal residence.
A contiguous or nearly contiguous area containing public
highways or parts thereof abutted by residential property.
A residential area where curbside parking on public highways
is restricted as set forth in this article on specified days during
hours fixed by the Mayor and by Borough Council to not more than two
consecutive hours unless the vehicle properly displays a parking permit
authorized by this article.
A.
The Borough Council is hereby empowered to determine whether a residential
area, or portion thereof, not less than one block street segment,
may be designated or may continue to be designated a residential parking
permit area. The decision of the Mayor and Borough Council shall become
effective by ordinance.
B.
The residential areas designated by the Council are eligible for
a residential parking permit program, provided that the following
requirements are met:
(1)
The Council shall, by motion, vote whether to designate the residential area or portion thereof under consideration as a residential parking permit area, and, if the area be so designated by ordinance, the Council shall, in such ordinance and in accordance with § 131-5, fix the hours and days when the restriction on curbside parking by persons shall be in effect.
A.
Within a designated residential parking permit area, curbside parking
on public highways by persons without permits shall be limited to
not more than two hours between 8:00 a.m. and 6:00 p.m., Monday through
Friday, excluding holidays falling between Monday through Friday.
The Council may change the times of two-hour parking or the days of
two-hour parking based on the circumstances of the curbside parking
needs of the particular residential area involved.
B.
After designation of a residential parking permit area, the hours
of the day during which the restriction on curbside parking by vehicles
without permits shall be in effect shall be subject to change from
time to time upon recommendation by the Administrator and Borough
Council ordinance.
Following the Council's affirmative vote to designate a residential parking permit area pursuant to § 131-4B(1) becoming effective, the Administrator or his designee shall publish two times in a newspaper of general circulation in the Borough a notice containing the following:
A.
The existence, exact location and numerical designation of the parking
permit area.
B.
The parking restrictions applicable to all vehicles in curbside parking
spaces along public highways in the designated area which do not properly
display a parking permit authorized by this article.
C.
The procedures to obtain information regarding the acquisition of
permits.
A.
A residential parking permit shall be issued on the basis of one
permit per vehicle registered to an address in the approved block,
up to a maximum of four vehicles per household.
B.
The application for the residential parking permit shall contain
the following information:
(1)
The name and residential address of the owner of the vehicle.
(2)
The name, residential address and driver's license number of
the principal operator of the vehicle.
(3)
The make, model and registration number of the vehicle.
(4)
The signature of the applicant for the residential parking permit.
C.
The permit shall expire on the last day of the calendar month designated
on the permit.
D.
Upon the applicant's submission of a completed and validated
residential parking permit application and his fulfillment of all
applicable provisions of this article controlling issuance, renewal
or transfer of residential parking permit, the Borough shall issue
and the applicant shall receive one residential parking permit for
the vehicle described in the application. Such residential parking
permit shall be securely affixed to the driver's side of the
rear window of the vehicle and shall display the numerical designation
of the residential parking permit area.
E.
A vehicle shall be issued a residential parking permit only if it
displays a valid state license and current inspection certificate.
A.
Upon the holder's submission of a completed and validated residential
parking permit application, his 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 receive a new residential
parking permit.
B.
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.
A.
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
parking time limit enforced in the residential parking permit area.
B.
Whenever the holder of a 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 notify the Borough,
who shall then direct the holder to surrender the parking permit.
C.
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.
D.
A parking permit shall be valid only in the parking permit area for
which it is issued.
E.
It shall be a violation of this article for the holder of a parking
permit to fail to surrender it when directed to do so.
F.
It shall be a violation of this article for any person to represent
in any fashion that a vehicle is entitled to a parking permit authorized
by this article when it is not so entitled. The display of a parking
permit on a vehicle not entitled to such a parking permit shall constitute
such a representation.
G.
It shall be a violation of this article for any person to duplicate,
by any means, a parking permit authorized by this article. It shall
also be a violation of this article for any person to display on any
vehicle such a duplicate parking permit.
[Amended 2-6-2017 by Ord.
No. 01-2017]
A.
Upon application of any resident of a residential parking permit
area, the Borough shall issue a visitor parking permit to the resident
for a visitor's vehicle to be limited to the residential parking
permit area in which the applicant resides.
B.
Upon application of any nonresidential property owner in a residential
parking permit area, the Borough Manager, at her discretion, may issue
a visitor pass to nonresidential property owners in a residential
parking permit area limited to the residential parking permit area
where the nonresidential property is located.
C.
The visitor parking permit shall be valid for one year.
D.
For the purpose of this section, the applying resident of a residential
property or a nonresidential property owner shall be the holder of
and responsible for the use and misuse of the visitor parking permits
issued to him.
E.
The visitor permit is to be used only while visitors are actually
visiting the household or nonresidential property to which the permit
was issued.
F.
The visitor permit is intended to be used for short-term visits.
Any extended use of the visitor permit for a residential property
more than seven calendar days shall require the approval of the Borough
in advance.
G.
The visitor permit shall be returned to the resident of the residential
property or the nonresidential property owner applying for the permit
at the conclusion of the visit. Visitor permits shall not be replaced
if lost.
H.
Any violation of the permitted use of the visitor permit shall be
grounds for the immediate termination of the permit. Any violation
shall be determined solely by the Borough.
I.
This section shall become effective upon enactment.
[Amended 12-6-1993 by Ord. No. 10-93]
Any person who violates § 131-5 of this article shall pay a fine of $15; provided, however, that it shall be the duty of the police officers and of parking enforcement personnel of the Borough to report to the District Justice all violations of § 131-5, indicating, in each case, the section violated, the license number of the vehicle involved in the violation, the location where the violation took place and any other facts that might be necessary in order to secure a clean understanding of the circumstances attending 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 was parked in violation of § 131-5. Any person violating any other provision of this article or the regulations promulgated hereunder shall, upon conviction thereof in a summary proceeding, be fined $25 for each violation and, in default of payment of any fine so imposed, shall be imprisoned for a period not to exceed 10 days for each violation.
[Amended 11-1-1993 by Ord. No. 8-93; 3-6-2000 by Ord. No. 1-00; 5-7-2012 by Ord. No. 03-12]
The following streets are hereby designated for residential
parking permits:
A.
East Sixth Street.
B.
Stauffer Drive.
C.
East Fifth Street from North Washington to North Monroe Street.
D.
East Fourth Street from North Washington to the Borough line.
E.
North Jefferson Street.
F.
North Franklin Street.
G.
North Monroe Street, east side from East Fourth Street to East Philadelphia
Avenue.
[Amended 6-4-2018 by Ord. No.
03-2018]
H.
South Monroe Street from East Philadelphia to Rhoads Avenue.
I.
North Madison Street.
J.
South Madison Street from East Philadelphia to Rhoads Avenue.
K.
East Philadelphia Avenue from Franklin to Berks Street.
L.
Rhoads Avenue from Jefferson to Monroe Street.
M.
Rhoads Avenue from Madison to Berks Street.
N.
North Berks Street from East Fourth Street to East Philadelphia Avenue.
O.
South Berks Street from East Philadelphia Avenue to Highland Street.
P.
Highland Street from South Madison Street to the Borough line.
[Added 2-6-2017 by Ord.
No. 01-2017]
Q.
Third Street from South Madison Street to South Franklin Street.
[Added 2-6-2017 by Ord.
No. 01-2017]
R.
South Jefferson Street from Philadelphia Avenue to Third Street.
[Added 2-6-2017 by Ord.
No. 01-2017]
S.
South Monroe Street from Rhoads Avenue to Third Street.
[Added 2-6-2017 by Ord.
No. 01-2017]
T.
Rhoads Avenue from South Monroe Street to South Madison Street.
[Added 2-6-2017 by Ord.
No. 01-2017]
U.
Rhoads Avenue from South Berks Street to the Borough line.
[Added 2-6-2017 by Ord.
No. 01-2017]
V.
North Washington Street from East Fourth Street to East Sixth Street.
[Added 2-6-2017 by Ord.
No. 01-2017]
This article shall become effective upon its adoption, August
26, 1993.
