[Added 8-19-2008 by Ord. No. 9-2008]
The Council of the Borough of Kutztown considers it to be in
the interest of the citizens of the Borough to provide for the establishment
of a residential permit parking program in order to alleviate the
hardship experienced by residents in certain areas of the Borough
in obtaining on-street parking space, to preserve the residential
quality of neighborhoods and to provide for improvement in air quality.
The powers and duties as contained in this article shall be performed
by the Mayor and the Police Department of the Borough as more fully
described in this article.
Certain streets and other public areas within the Borough may
be designated, as provided for in this article, as permit parking
areas in which vehicles displaying valid parking permits may stand
or be parked. Vehicles not displaying valid parking permits may not
stand or be parked in these adequately posted designated areas.
No area within the Borough shall be designated as a residential permit parking area unless said area is west of the Saucony Creek within the Borough of Kutztown and is within any one or more of the following zoning districts within the Borough of Kutztown, as set forth in Chapter 225 of the Kutztown Code: R-2 Low Density Residential, R-3 Medium Density Residential, or C-2 Commercial/Residential. In addition, in order for an area to be eligible for residential permit parking designation, the following additional criteria must be satisfied:
A.
Areas in the R-2, R-3, or C-2 Zoning District may from time to time
be designated by the Mayor of the Borough as residential permit parking
areas upon determination by the Mayor; provided, however, that said
designation shall not become effective until approved by resolution
of the Borough Council.
B.
If an area within an R-2, R-3, or C-2 Zoning District is not an approved residential permit parking area, a majority of the residents within said area may, by filing a petition with the Borough Council, request said area to be designated a residential permit parking area. The petition shall be referred by the Borough Council to the Mayor of the Borough who may either act in accordance with Subsection A of this section or may refer the petition to the Borough Council for its consideration. If the Mayor of the Borough refers the petition to the Borough Council, the Mayor shall inform the Borough Council whether or not the signatories to the petition constitute a majority of the residents, 18 years of age or older, who reside within the area requested to be designated as a residential permit parking area.
C.
Under no circumstances shall the Mayor or the Borough Council designate an area as a residential permit parking area unless all of the designation criteria hereinabove established in § 212-102 of this article are met. In order to determine whether such designation criteria have been met, the Borough Council may designate the Mayor or any duly appointed and designated representative of the Borough to make such studies or surveys as may be appropriate under the circumstances to make such determination and shall report the findings of such study or survey to the Borough Council.
D.
Either the Mayor of the Borough or the Borough Council may, prior to acting upon a petition filed in accordance with Subsection B of this section, request the Borough Planning Commission its recommendation as to whether or not the area in question should be designated a residential permit parking area. Any such recommendation by the Borough Planning Commission shall not be binding upon either the Mayor of the Borough or the Borough Council.
Following the Borough Council's approval of the Mayor's designation of a residential permit parking area, the Police Department of the Borough shall issue appropriate parking permits and shall cause parking signs to be erected in the designated area indicating the times and conditions under which parking shall be allowed. A parking permit shall be issued only upon application and payment of the applicable fee, except as otherwise provided for under Chapter A231 regarding fees, to the property owner or property owner's lawfully authorized representative of a property in the designated residential permit parking area. Upon application, two parking permits shall be issued to the owner of a dwelling unit within a designated residential permit parking area. An issued parking permit may be used on any vehicle regardless of ownership. To be eligible for a parking permit, property owners must prove ownership of the property. The Mayor of the Borough shall establish criteria for proof of ownership. Owners of multifamily dwelling units, as defined in Chapter 225 of the Kutztown Code, are not eligible for parking permits.
Each parking permit issued shall be valid for the calendar year
for which such parking permit is issued, and in the event that such
parking permit is issued during the calendar year, then it shall be
valid only for the remainder of said calendar year for which the parking
permit is issued. Parking permits may be renewed annually upon reapplication
in the manner required by the Police Department of the Borough. Each
application or reapplication for a parking permit shall contain information
sufficient to identify the applicant, his residence address or address
of real property owned or leased by the applicant and located within
a residential permit parking area and such other information that
may be deemed relevant by the Mayor.
For the purposes of this article, the following words shall
have the meanings indicated:
Any person who owns land improved for residential use within the permit zone described in § 212-101 above, whether or not such person resides upon said land.
The initial cost for each residential parking permit, whether
said parking permit is issued for a full calendar year or any portion
thereof, and the cost for each renewal of a residential parking permit
shall be set from time to time by resolution of the Borough Council.
Parking permits shall be displayed inside the vehicle so that
the parking permit shall be visible through the windshield of the
vehicle.
The Chief of the Police Department of the Borough is authorized
to revoke the residential parking permit of any person found to be
in violation of this article, and, upon written notification thereof,
the person shall surrender such parking permit to the Police Department
of the Borough. Failure, when so requested, to surrender a residential
parking permit so revoked shall constitute a violation of law and
of this article.
A.
A vehicle on which is properly displayed a valid parking permit as
provided for in this article shall not be exempt from parking restrictions
or prohibitions established pursuant to authority other than this
article, and said vehicle shall comply with all other limited or special
parking restrictions pertaining to the parking area that may have
been or may hereafter be established by other appropriate ordinance
or resolution of the Borough Council. All other motor vehicles parked
within a residential permit parking area shall be subject to the penalties
provided for in this article.
B.
A residential parking permit shall not guarantee or reserve to the
holder thereof an on-street parking space within the designated residential
permit parking area.
A.
It shall be unlawful and a violation of this article for any person to stand or park a motor vehicle in any residential permit area enacted pursuant to this legislation between the hours of 8:00 a.m. and 6:00 p.m., Monday through Friday, except holidays. Any person who violates any provision of this article shall, upon conviction, be sentenced to pay a fine as set forth in the fee schedule adopted from time to time by resolution of the Borough Council, and costs. The police officer or other person enforcing this section shall attach to or place upon every such vehicle a notice stating that the vehicle was parked in violation of this article. The notice shall contain instructions to the owner or driver of the vehicle that if such person will report to the office of the Borough Manager and pay the sum as set forth in the fee schedule adopted from time to time by resolution of the Borough Council, in the time specified under § A231-1.17, or if such person will place the sum as set forth in the fee schedule adopted from time to time by resolution of the Borough Council, within the envelope provided and deposit said envelope in any of the special parking fine boxes installed at various locations within the Borough, that act will save the violator from prosecution.
B.
It shall be unlawful and a violation of this article for a person
to falsely represent himself or herself as eligible for a parking
permit or to furnish false information in an application therefor.
C.
It shall be unlawful and a violation of this article for a person
to copy, produce or otherwise bring into existence a facsimile or
counterfeit parking permit or permits. It shall further be unlawful
and a violation of this article for a person to knowingly use or display
a facsimile or counterfeit parking permit in order to evade time limitations
on parking applicable to a designated residential permit parking area.
