[Added 12-17-2007 by Ord.
No. 813]
The indiscriminate parking of vehicles on lawn areas and areas
other than approved off-street parking areas, which were specifically
built and designed for the parking of vehicles, has many deleterious
effects on the community. These include the destroying of lawn areas,
resulting in creating dirt, mud and other debris on private and public
property. Not only do these deleterious conditions lower the value
of individual properties, thereby causing an overall lowering of all
property value in the neighborhoods, but also mud, dirt and other
debris are scattered and spread onto public streets by vehicles so
parked when those vehicles leave the premises. Therefore, in order
to stop the scattering of these materials which have a deleterious
effect on the public streets and the community as a whole, the City
hereby declares that the parking of vehicles on private and public
property other than approved off-street parking areas is a public
nuisance and prohibits the same.
As used in this chapter, the following terms shall have the
meanings indicated:
Any off-street parking area, including driveways, serving one- or two-family dwellings, which is designed and built to all applicable standards, as prescribed in Chapter 410, Zoning, for off-street parking areas, and which has been duly approved by the City.
A person who drives or is in actual physical control of the
movement of the vehicle.
The Code Enforcement Officer, the Zoning Officer, any City
police officer, or any other City employee assigned to enforcing City
ordinances.
Any person living in a dwelling or having possession of a
space within a building.
The halting of a vehicle in any area beyond the street right-of-way,
whether occupied or not, except momentarily for the purpose of and
while actually engaged in loading or unloading property or passengers.
An area or structure located beyond the street right-of-way,
which is designed to be used for parking vehicles.
Any person, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Any individual, partnership, corporation, association, institution,
cooperative enterprise, or any other legal entity whatsoever which
is recognized by law as the subject of rights and duties.
A lot, plot or parcel of land, whether improved or unimproved,
including portions occupied by a street or alley and portions of land
between sidewalks and streets.
Any vehicle, including trucks, tractor trucks, automobiles,
motorcycles, pedalcycles, campers, motor homes, trailers, fifth-wheel
units, and any other devices included in the definition of vehicles
in the Vehicle Code, 75 Pa.C.S.A. § 101 et seq.
It shall be unlawful for any person, firm or corporation, either
as a private property owner, vehicle owner, occupant, lessee, agent,
tenant or otherwise, to permit off-street parking of vehicles other
than approved off-street parking areas, and parking is expressly prohibited
on lawn or landscaped areas.
The owner and/or driver shall be responsible for complying with the provisions of § 380-99 of this chapter.
A.
Upon the discovery of any violation under the terms of this article,
the Enforcement Officer is hereby empowered to give notice to the
owner and/or driver of a violation either by personal delivery to
such owner and/or driver, by United States mail directed to the last
known address of such owner and/or driver or by leaving the same on
the vehicle which is parked in violation of this article.
B.
If such owner and/or driver, within seven days after personal delivery,
mailing or leaving of such notice, pays to the Treasurer of the City
the sum of $35 for the violation, the same will constitute full satisfaction
for the violation noted in said notice.
C.
Each day that a violation exists shall constitute a separate violation.
The failure of such owner and/or drive to make payment, as aforesaid,
within seven days shall render such owner and/or driver subject to
the penalties as provided herein.
Any person, firm or corporation who shall fail to make payment in accordance with § 380-101 hereof violate any provision of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $300, nor more than $1,000, plus costs. Each day's violation shall constitute a separate offense, and notice to the offender shall not be necessary in order to constitute a separate offense, nor shall notice to the offender be necessary in order to constitute an offense. In default of payment of the penalty stated herein, such offender may be committed to the county jail for a period not exceeding 30 days.
