As used in this chapter, unless the context indicates clearly
a different meaning, the following words and phrases shall have the
meanings set forth below:
BOROUGH
The Borough of West View, County of Allegheny, Commonwealth
of Pennsylvania.
COMMERCIAL PARKING PLACE or PARKING PLACE
Any place within the Borough, whether wholly or partially
enclosed or open, at or upon which motor vehicles are parked or stored
for any period of time in return for a consideration, but not including:
A.
Any parking area or garage to the extent that it is provided
or leased to the occupants of a residence on the same or other premises
for use only in connection with and as an accessory to the occupancy
of such residence.
B.
Any parking area or garage operated exclusively by an owner
or lessee of a hotel, tourist court or trailer park, to the extent
that the parking area or garage is provided to guests or tenants of
such hotel, tourist court or trailer park for no additional consideration.
CONSIDERATION
Refers to consideration received upon an express or implied
contract or under a lease or otherwise, whether or not separately
stated and whether or not paid, provided or allowed by the person
on whose behalf the motor vehicle is parked or stored or by some other
person.
HOTEL
As defined in Chapter
290, Zoning, of the Code of the Borough of West View.
[Amended 2-2-1977 by Ord. No. 1191]
MOBILE HOME
A transportable, single-family dwelling intended for permanent
occupancy as a residence, office or place of assembly, contained in
one or two units designed to be joined into one integral unit capable
of again being separated for repeated towing, which arrives at a site
complete and ready for occupancy, except for minor and incidental
unpacking and assembly operations, and constructed so that it may
be used without a permanent foundation.
[Added 2-2-1977 by Ord. No. 1191]
OPERATOR
Any person conducting the operation of a parking place or
receiving the consideration paid for the parking or storage of motor
vehicles at such parking place.
PERSON
Any natural person, partnership, unincorporated association
or corporation. Whenever used in any provision prescribing a fine
or penalty, the word "person," as applied to partnerships, shall mean
the partners thereof; as applied to unincorporated associations, the
members thereof; and as applied to corporations, the officers thereof.
RESIDENCE
Any building designed and used for living or sleeping purposes
other than a hotel, tourist court or trailer park.
SECRETARY OF THE BOROUGH OF WEST VIEW
That individual or agency designated or appointed by the
Council of the Borough of West View to function as the "Secretary
of the Borough of West View."
[Amended 6-13-1972]
TOURIST COURT or TRAILER PARK
A parcel of land under single ownership which has been planned
and improved for the placement of mobile homes for nontransient use,
consisting of two or more mobile home lots, with the necessary utility
connections and other appurtenances necessary for the erection thereon
of a single mobile home, which is leased by the park owner to the
occupants of the mobile home erected on the lots.
[Added 2-2-1977 by Ord. No. 1191]
No operator shall conduct any commercial parking place without
obtaining an annual license for each parking place, as required by
this chapter. Every operator who does not have a license on the effective
date of this chapter shall obtain a license for each parking place
for the calendar year 1972 within the first 30 days following the
effective date of this chapter, and every person who intends to begin
operating a parking place shall obtain a license for such parking
place from the Building Inspector for the Borough of West View before
beginning such operation. Subject to the provisions of this chapter,
each license shall remain in effect until the end of the calendar
year for which it was issued.
To obtain and renew the annual license for each parking place,
every operator or applicant shall file an application with the Building
Inspector for the Borough of West View on a form prescribed by the
Building Inspector. The application shall be accompanied by the following:
A. A certificate of insurance showing that the applicant has secured,
for the year involved, public liability insurance coverage for the
parking place, with limits of not less than $50,000 for personal injuries
and of not less than $10,000 for property damage. However, the Building
Inspector for the Borough of West View may accept, in lieu of such
certificate, a statement showing the applicant's financial ability
to pay claims in the amounts indicated.
B. With respect to commercial parking places which consist entirely
of open lots rather than buildings, a sketch or plot plan showing
the location, size and capacity of the parking place, the location
and size of driveways, entrances and exits and their proximity to
sidewalks and structures, the character of curbing, fencing, walls
or other enclosures surrounding the lot, the locations where signs
are to be posted and the character and size thereof, and such other
pertinent information as may be required by the Building Inspector.
However, the Building Inspector may permit the omission of such sketch
or plot plan in the application for renewal of licenses where no changes
have occurred since the issuance of the prior license.
If the application meets the requirements of this chapter and
of any other applicable ordinance, the Building Inspector for the
Borough of West View shall issue a license to the applicant. No license
fee shall be charged unless the application is submitted after the
date on which such application is required to be filed, in which event
a late application penalty fee of $10 shall be paid by the applicant.
No license shall be transferred from one operator to another or from
any commercial parking place to another.
Every operator shall, from and after 30 days following the effective
date of this chapter, post and maintain, in a conspicuous place at
each entrance to each parking place, a sign showing the schedule of
rates charged, the operator's name and address and the operator's
license number printed in letters of such size and character as to
be readily readable by prospective patrons.
The operator shall maintain each parking place in such a condition
as not to constitute a hazard to the patrons thereof or the motor
vehicles parked therein, and shall also comply with the following
requirements:
A. Parking and driving areas shall be of smooth, compact surfacing.
B. Commercial parking places located on open lots shall be properly
enclosed or maintained, with bumper protection for sidewalks and adjacent
properties.
C. Entrances and exits to and from parking places shall be plainly marked
and so situated as to avoid obstructing traffic on the abutting street,
and so as to prevent interference with or obstruction of pedestrian
traffic on the sidewalk.
No operator shall permit any motor vehicle brought to any commercial
parking place to be parked on a street or sidewalk.
The Building Inspector may adopt such regulations, not inconsistent
with this chapter, as are necessary or proper for the administration
and enforcement of its provisions.
The Building Inspector may revoke any license issued to any
operator who violates any provision of this chapter or of any regulations
adopted hereunder, and may reinstate the same if compliance is thereafter
assured. Said revocation must meet with the approval of the majority
of the members of the Council of the Borough of West View.
[Amended 2-2-1977 by Ord. No. 1191]
Any person who violates any provision of this chapter or any
regulations adopted pursuant to it shall, upon conviction thereof
before any Magisterial District Judge, be liable for a fine of not
more than $300, plus costs of prosecution and, in default of the payment
of such fine and costs, shall be imprisoned in the Allegheny County
Jail or Allegheny County Workhouse for a period of not more than 30
days.