[Ord. 675, 11/17/1986]
Wherever a space is marked off on any street for the parking of an individual vehicle, every vehicle parked there shall be parked wholly within the lines bounding that space, and it shall be a violation of this article for any person to park a vehicle or allow it to remain parked otherwise.
[Ord. 675, 11/17/1986; as amended by Ord. 1052, 4/6/2009; and by Ord. 1099, 8/19/2013, § 15]
Only angle parking shall be permitted on the following portions of streets:
[Ord. 675, 11/17/1986; as amended by Ord. 697, 6/20/1988, § 2; by Ord. 699, 9/6/1988; by Ord 707, 3/6/1989, § I; by Ord. 721, 12/4/1989, § 1; by Ord. 731, 3/19/1990, § 1; by Ord. 745, 3/18/1991; by Ord. 747, 5/20/1991; by Ord. 753, 9/3/1991, § 1, by Ord. 754, 9/3/1991, § 1; by Ord. 756, 10/7/1991, § 1; by Ord. 758, 12/2/1991, § 1; by Ord. 759, 12/16/1991, § 1; by Ord. 764, 3/16/1992, § 1; by Ord. 768, 12/7/1992, § 1; by Ord. 773, 5/3/1993, § 3; by Ord. 775, 6/21/1993, § 1; by Ord. 786, 12/20/1993, § 1; by Ord. 812, 3/20/1995, § 1; by Ord. 813, 3/20/1995, § 1; by Ord. 815, 6/6/1995, § 3; by Ord. 826, 2/20/1996; by Ord. 835, 7/15/1996, § I; by Ord. 857, 10/13/1997, § 403; by Ord. 863, 2/2/1998, § II; by Ord. 872, 10/19/1998; by Ord. 874, 11/2/1998; by Ord. 894, 12/6/1999; by Ord. 895, 12/6/1999; by Ord. 896, 12/6/1999; by Ord. 898, -/-/1999; by Ord. 899, -/-/1999; by Ord. 912, 11/20/2000; by Ord. 916, 11/20/2000; by Ord. 920, 1/22/2001; by Ord. 921, 2/12/2001; by Ord. 929, 6/18/2001; by Ord. 950, 5/20/2002; by Ord. 960, 11/18/2002; by Ord. 963, 3/3/2003; by Ord. 971, 10/6/2003; by Ord. 972, 10/6/2003; by Ord. 996, 7/18/2005; by Ord. 1004, 1/16/2006; by Ord. 1038, 4/7/2008; by Ord. 1053, 4/6/2009; by Ord. 1056, 1/18/2010; by Ord. 1090, 11/5/2012; by Ord. 1091, 11/5/2012; and by Ord. 1099, 8/19/2013, § 16]
Parking shall be prohibited at all times in the following locations:
[Ord. 675, 11/17/1986; as amended by Ord. 695, 3/7/1988; by Ord. 697, 6/20/1988, § 3; by Ord. 721, 12/4/1989; by Ord. 815, 6/6/1995, § 4; by Ord. 845, 4/7/1997; by Ord. 886, 8/2/1999; by Ord. 897, 12/6/1999; by Ord. 900, -/-/2000; by Ord. 901, -/-/1999; by Ord. 968, 6/16/2003; by Ord. 1005, 2/6/2006; by Ord. 1056, 1/18/2010; by Ord. 1099, 8/19/2013, § 17; by Ord. 1138, 4/6/2016; and by Ord. 1157, 8/21/2017]
Parking shall be prohibited in the following locations at all times on the days and between the hours indicated in this section, as follows:
[Ord. 695, 3/7/1988]
No vehicle shall be stored upon any street. As used herein "stored" shall mean the parking of a vehicle in one place upon any street continuously for more than 72 hours.
[Ord. 695, 3/7/1988]
It shall be hereafter unlawful to park or leave on the streets or highways or public property of the Borough of Emmaus mechanically inoperable vehicles, or vehicles without current registration plates or vehicles without current inspection stickers.
[Ord. 675, 11/17/1986; as added by Ord. 774, 5/3/1993, § 1; as amended by Ord. 805, 11/7/1994; by Ord. 806, 11/7/1994, § 1; by Ord. 829, 4/1/1996, §§ 1-3; by Ord. 847, 4/7/1997; by Ord. 864, 2/2/1998; by Ord. 907, 8/7/2000; by Ord. 911, 11/20/2000; and by Ord. 1047, 2/2/2009]
It shall be unlawful for any person to park, or allow to remain parked, for a period of time in excess of one hour on weekdays between 7:00 a.m. and 3:00 p.m., on any of the following streets or parts of streets, any vehicle that does not have an approved resident parking permit:
Purpose. The purpose of the resident parking program is to promote the safety and welfare of the residents of the Borough, reduce hazardous traffic conditions, and the overburdening of existing streets and roads.
Residential Permit Parking Program. The Emmaus Police Department is hereby authorized to designate, subject to the approval of Borough Council as hereby provided, certain streets and other public areas within the Borough of Emmaus as permit parking areas in which resident vehicles displaying valid parking permits may stand or be parked without limitation by parking time restrictions established by this section. Vehicles not displaying valid parking permits may stand or be parked for a limited time not to exceed the time specified upon adequately posted signs.
Designation of Residential Parking Areas. A residential area or street shall be considered for designation as residential permit parking area provided that designation criteria establishment by this section be satisfied and that Borough Council, through enactment of an ordinance, authorize the posting of appropriate signs specifying time limits and period of the day for its application.
Designation Criteria. A residential area shall be deemed impacted and thereby eligible for residential permit parking providing that the following criteria are satisfied:
At least 50% of the street level, from footage use, is residential or nonbusiness related.
During any period between the hours of 8:00 a.m. and 6:00 p.m., on Wednesdays, except holidays, the number of vehicles parked and/or standing, legally or illegally, at on-street parking spaces, is equal to 70% of the legal on-street parking capacity of the area.
If the above criteria is not met at any time, the Emmaus Police Department shall notify the Borough Council. The Borough Council may consider revoking the residential parking permit status for that street.
A street may be considered as a potential residential parking area upon the receipt by Borough Council of a verified petition signed by at least 90% of the residents on that street.
The signature of a resident on the petition demonstrates a willingness to purchase a permit for this program.
Surveys shall be conducted of potential residential parking areas to establish whether the criteria for establishing resident parking has been satisfied.
Once established, a residential parking area may be abandoned upon receipt of a verified petition signed by at least 90% of the residents of that street.
Issuance of Permit Parking. Following Borough Council's approval of the designation of residential permit parking area, the Police Department may issue appropriate permits and shall cause parking signs to be erected in the area indicating the times and conditions under which parking shall be allowed. A permit shall be issued upon application and payment of the applicable fee only to the owner and operator of a motor vehicle who resides on the appropriate street. A separate permit shall be required for each motor vehicle. Eligibility for a permit shall be as follows:
Residents. The resident must prove residency and vehicle ownership or evidence of having a leased or company owned vehicle. Criteria shall be established for proof of residence. A separate application shall be required for each vehicle and each application shall be accompanied by a permit fee.
Visitors. Special permits may be issued to visitors for a period of time not to exceed 14 days. No resident of a residential permit parking area shall be issued more than two visitor permits at any time.
Designation Process. If the area in question is not an approved residential permit parking area and a petition signed by the required number of residents is filed at which point a Committee of Council will schedule and administer a hearing and then make a recommendation to Council. Every resident of the proposed area will be notified of the hearing by mail. Borough Council will make the final decision whether to designate an area as an official residential permit parking area.
Display of Permit. A permit shall be displayed on the left side of the rear bumper.
Permit Parking Exemption.
A resident vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in the residential permit parking area for which the permit has been issued without being limited by time restrictions established pursuant to this section. However, said resident's vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this section including, but not limited to, "stopping and parking," "street sweeping," "loading zones," "five minute parking zones," "handicapped zones" and any other special parking restrictions.
A residential parking permit shall not guarantee the holder thereof an on-street parking space within the designated residential permit parking area.
Application for and Duration of Permit. Upon application and receipt of requisite fee, a parking permit will be issued for each vehicle owned by a resident on a street designated for resident permit parking. Permits shall be valid for so long as the original applicant resides on said street and owns said vehicle. Each application for a parking permit shall contain information sufficient to identify the applicant, his resident address or address of real property owned or leased within the residential permit parking area, and the license number of the motor vehicle for which application is made and all other information as may be deemed relevant by the Emmaus Police Department. If a resident sells or otherwise transfers a vehicle bearing a permit parking sticker, he shall remove the sticker before the transfer. If another vehicle is purchased, a new application with the requisite fee must be made. A replacement sticker for the same vehicle can be acquired at no charge to the resident.
Permit Fees. There shall be no charge for each residential parking permit.
Revocation of Permit. The Borough is authorized to revoke the residential parking permit of any person found to be in violation of this section and, upon written notification thereof, the person shall surrender such permit to the Borough.
[Ord. 675, 11/17/1986; as amended by Ord. 873, 11/2/1998; by Ord. 1099, 8/19/2013, § 18; and by Ord. No. 1173, 5/7/2018]
Definitions. The following words or terms shall have the following meanings for this section:
- A container used to temporarily store trash, refuse, construction refuse or debris until such material is removed for disposal by an authorized refuse hauler.
- PORTABLE STORAGE CONTAINER
- A portable, weather-resistant receptacle designed and used for the storage or shipment of household goods, wares, building materials or merchandise. This term shall not include roll-off containers or storage containers having storage capacity of less than 150 cubic feet. (Example of a roll-off container: municipal yard waste and debris containers or open/unclosed containers.)
- Any nonmotorized vehicle designed to carry property, goods, boats or merchandise and designed to be drawn by a motor vehicle or truck tractor.
Parking of Trailers Without Attached Motive Power Prohibited. It shall be unlawful for any person to park, or allow to remain parked, on any street or part of any street within the Borough of Emmaus a trailer as defined above without having attached thereto a means of mechanical traction and motive power so constructed or designed for the purpose of pulling or drawing such trailer, except when temporary parking is required for loading and unloading of a delivery of goods, merchandise or materials.
Permit Required Prior to Placement of Dumpsters or Portable Storage Containers on Any Street or Public Thoroughfare.
Dumpsters or portable storage containers may be placed at the edge of the public street of the Borough only when it is not possible to locate them on a private property.
All persons who place or cause dumpsters or portable storage containers to be placed on any street or public thoroughfare must first acquire a permit for such placement from the Borough. Permit fees and a completed dumpster or portable storage container permit application shall be submitted to the Borough through the office of the Code Official for review and issuance of permit. The Borough may deny a permit for reasons of safety, traffic congestion, clear sight distance obstruction or other reason which may be deemed proper by the Code Official.
Any dumpster for construction refuse placed upon the street shall be permitted to remain for no longer than 60 days and shall be properly marked with reflectors, reflective tape and/or flashing yellow lights.
Any portable storage container placed upon the public street shall be permitted to remain for no longer than 30 days and shall be properly marked with reflectors, reflective tape and/or flashing yellow lights.
Additional Regulations for Portable Storage Containers.
No more than one portable storage container having a storage capacity no greater than 1,088 cubic feet shall be permitted on a zoning lot.
Up to three storage containers may be allowed on a zoning lot, provided that each individual container has a storage capacity of no greater than 350 cubic feet.
No portable storage container shall have dimensions greater than 16 feet in length, eight feet in width, or 8 1/2 feet in height.
All portable storage containers shall be in a condition free from rust, peeling paint and other forms of deterioration.
No container shall be placed in the clear sight triangle of any intersection in streets and/or alleys.
Vehicle Repair Work on Street. No person shall park or allow to be parked any vehicle on any street or part of any street within the Borough of Emmaus for the principal purpose of repairing said vehicle, except for repairs necessitated by an emergency when such repairs would reasonably be expected to take no more than one hour to make the vehicle operable.
Any person who violates any provision of this section shall, upon conviction, be sentenced to pay a fine of not more than $500 per day per offense, plus costs of prosecution; provided the Borough officer enforcing this provision may issue a warning instead of a citation for a first offense, except in situations of extreme danger or apparent deliberate defiance of this section.
And further provided, it shall be the duty of the officer and of parking ordinance enforcement personnel of the Borough to report to the appropriate official all violations of any provision of this section, indicating in each case, the section violated; the license number of the vehicle involved in the violation or the owner of a dumpster or portable storage container placed in violation of this section; the location where the violation took place; and any other facts that may be necessary in order to secure clear understanding of the circumstances attending the violation. The Borough officer or other person making the report shall also attach to or place upon such vehicle, trailer, dumpster, or portable storage container, a notice or ticket stating that the vehicle was parked in violation of this section. The notice shall contain instructions to the owner or driver of a vehicle, trailer, dumpster, or portable storage container that if he will report to the office of the Chief of Police and pay the sum indicated on the citation within 72 hours after the time of the notice, that act will save the violator from prosecution and from payment of further fine and costs described in Subsection 6A, above.
[Ord. 675, 11/17/1986; as added by Ord. 997, 7/18/2005; and as amended by Ord. 1030, 8/6/2007; by Ord. 1087, 1/7/2013; and by Ord. 1099, 8/19/2013, § 18]
- A motor vehicle designed to transport 16 or more passengers, including the driver.
- COMMERCIAL MOTOR VEHICLE
- A motor vehicle designed or used to transport passengers or property:
- (1) If the vehicle has a gross vehicle weight rating of 26,001 or more pounds or such lesser rating as the Pennsylvania Department of Transportation shall adopt under the provisions of § 6103(e) of the Vehicle Code (relating to promulgation of rules and regulations by the Department), as determined by Federal regulation and published by the Pennsylvania Department of Transportation as a notice in the Pennsylvania Bulletin.
- (2) If the vehicle is designed to transport 16 or more passengers, including the driver.
- (3) If the vehicle is a school bus.
- (4) If the vehicle is transporting hazardous materials and is required to be placarded in accordance with Pennsylvania Department of Transportation regulations.
- MOTOR HOME
- A motor vehicle designed or adapted for use as a mobile dwelling or office, except a vehicle equipped with a truck-camper.
- PARKING PERMIT
- A written order or official certificate granting special permission to allow an individual to park a motor vehicle in a designated location.
- A vehicle designed to be towed by a motor vehicle.
- A structure designed, used or maintained primarily to be loaded or affixed to a motor vehicle to provide a mobile dwelling, sleeping place, office or commercial space.
- TRUCK TRACTOR
- A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
Prohibition on Parking of Commercial Motor Vehicles.
It shall be unlawful for any person to park, or allow to remain parked, on any Borough-owned street, alley, right-of-way or Borough-owned property a commercial motor vehicle, truck tractor, trailer having a potential gross vehicle weight exceeding 26,001 pounds, or any combination thereof, except when temporarily parked for loading or unloading goods, merchandise, persons, or materials, or when parked in connection with ongoing road construction.
Prohibition on Parking of Buses, Motor Homes, and Trucks with Truck-Campers.
It shall be unlawful for any person to park, or allow to remain parked, on any Borough-owned street, alley, right-of-way or Borough-owned property a motor home, or truck camper with a length exceeding 23 feet 11 inches and/or a width exceeding eight feet five inches, except when temporarily parked for loading or unloading goods, merchandise, persons, or materials. Temporary parking shall be defined as a period not to exceed 72 consecutive hours.
It shall be unlawful for any person to park, or allow to remain parked, on any Borough-owned street, alley, right-of-way or Borough-owned property a bus between the hours of 5:00 p.m. - 7:00 a.m., Monday - Friday, and all day on Saturday and Sunday, except when temporarily parked for loading or unloading passengers. Temporary parking shall be defined as a period not to exceed one hour.
[Ord. 675, 11/17/1986; as amended by Ord. 697, 6/20/1988, § 4; by Ord. 749, 5/20/1991; by Ord. 757, 10/21/1991, § 1; by Ord. 773, 5/3/1993, § 4; by Ord. 789, 2/22/1994, § 1; by Ord. 794, 8/1/1994, § 1; by Ord. 814, 6/6/1995, § 1; by Ord. 815, 6/6/1995, § 5; by Ord. 823, 12/4/1995, § 1; by Ord. 870, 7/6/1998; by Ord. 885, 5/17/1999; by Ord. 888, 7/19/1999; by Ord. 932, 6/18/2001; by Ord. 942, 12/17/2001; by Ord. 1003, 1/16/2006; by Ord. 1039, 4/7/2008; by Ord. 1042, 8/18/2008; by Ord. 1099, 8/19/2013 § 20; by Ord. 1144, 9/19/2016; by Ord. 1147, 11/7/2016; and by Ord. 1148, 12/5/2016]
No person shall park a vehicle, or allow it to remain parked, for longer than the time indicated, in any of the following locations, at any time on the days and between the hours indicated:
[Ord. 675, 11/17/1986; as amended by Ord. 297, 6/20/1988, § 5; by Ord. 764, 3/16/1992, § 2; by Ord. 834, 7/1/1996, I; by Ord. 846, 4/7/1997; by Ord. 890, 8/23/1999; by Ord. 891, 8/23/1999; by Ord. 1010, 9/5/2006, by Ord. 1017, 2/5/2007; and by Ord. 1099, 8/19/2013, § 21]
The following are established as special purpose parking zones, and it shall be unlawful for any person to park a vehicle or to allow it to remain parked, in any such zone, except as specifically provided for that zone:
[Ord. 675, 11/17/1986; as amended by Ord. 815, 6/6/1995, § 6; by Ord. 1099, 8/19/2013, § 22; and by Ord. 1113, 10/6/2014]
It shall be unlawful for any person to stop, stand or park a vehicle (other than a pedalcycle) on the roadway side of any edge or curb of any street, except that standing or parking for the purpose of loading or unloading persons or property shall be permitted between the hours of 6:00 a.m. and 8:00 p.m., and for no longer than necessary for loading or unloading. Such allotted times may be amended, only as adopted by ordinance and listed hereafter:
[Ord. 675, 11/17/1986; as amended by Ord. 677, 4/20/1987; by Ord. 926, 4/16/2001; by Ord. 1099, 8/19/2013, § 23; and by Ord. 1117, 12/15/2014]
Any person who violates any provision of § 15-406 shall, upon conviction, be sentenced to pay a fine of not less than $15 and costs. Any person who violates any provision of §§ 15-401, 15-402, 15-403, 15-404.2 and 15-404.4 shall, upon conviction, be sentenced to pay a fine of not less than $20 and costs. Any person who violates any provision of §§ 15-404.1, 15-404.3 and 15-408 shall, upon conviction, be sentenced to pay a fine of not less than $25 and costs. Any person who violates any provision of § 15-407, shall, upon conviction, be sentenced to pay a fine of not less than $50 and costs. It shall be the duty of the police officers and of parking enforcement personnel of the Borough to report to the appropriate official all violations of any provision of these subsections, 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 clear 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 these subsections. The notice shall contain instructions to the owner or driver of the vehicle that, if he will report to the office of the Chief of Police and pay the sum of not less than associated parking fine for violations paid within 10 days, that act will save the violator from prosecution and from payment of the fine and costs prescribed in the first sentence of this subsection.
Any person who commits any violation not otherwise herein stated, but similar to and including violations of the parking provisions above and of the Commonwealth of Pennsylvania Motor Vehicle Code Title 75 Pa.C.S.A., Vehicles, shall be subject to a fine of not less than $20. This shall include but not be limited to parking on private property, parking too far from the curb, parking on the wrong side, blocking a driveway, and parking in a crosswalk. Violations for parking in a fire lane or too close to a fire hydrant shall result in a fine of not less than $25.
Any person who violates any provision of this Part and who fails to pay the fine set forth in this section shall be cited after the 10th day following the violation and, upon conviction, be sentenced to pay a fine of not less than $25 and not more than $300 and costs.