Borough of Emmaus, PA
Lehigh County
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Table of Contents
Table of Contents
[Ord. 675, 11/17/1986; as amended by Ord. 798, 9/6/1994, § 1; and by Ord. 1099, 8/19/2013, § 24]
The following are established as the unmetered parking lots operated by the Borough:
Lot
Parking Prohibited
Emmaus Public Library
9:00 p.m. to 8:00 a.m.
Emmaus Community Park
9:00 p.m. to 8:00 a.m.
Emmaus Borough Building
7:00 a.m. to 5:00 p.m. Employee Parking Only
Jubilee Street Parking Spaces (5th Street to 6th Street)
All vehicles that utilize these spaces shall possess current motor vehicle inspection and insurance. No vehicle shall remain parked in the same space for a period longer than 24 hours. Boats, recreational vehicles, trailers, and any vehicles larger than the allotted marked parking space are prohibited from utilizing these spaces. Conducting vehicle maintenance on any vehicle is prohibited in any of the allotted spaces.
[Ord. 675, 11/17/1986; as amended by Ord. 931, 6/18/2001; by Ord. 973, 12/15/2003; by Ord. 1099, 8/19/2013, § 25; by Ord. 1101, 11/4/2013; by Ord. 1105, 4/7/2014; by Ord. 1108, 7/21/2014; by Ord. 1113, 10/6/2014; by Ord. 1120, 3/2/2015; by Ord. 1124, 4/6/2015; by Ord. 1130, 9/8/2015; by Ord. 1132, 11/16/2015; by Ord. 1139, 4/18/2016; by Ord. 1140, 5/16/2016; by Ord. 1143, 8/15/2016; by Ord. 1145, 10/3/2016; by Ord. 1149, 1/3/2017; by Ord. 1154, 3/20/2017; by Ord. 1164, 11/6/2017; by Ord. No. 1168, 12/18/2017; by Ord. No. 1171, 4/2/2018; by Ord. No. 1175, 5/7/2018; by Ord. No. 1179, 8/20/2018; by Ord. No. 1180, 10/15/2018; by Ord. No. 1182, 11/5/2018; by Ord. No. 1187, 3/18/2019; by Ord. No. 1194, 11/18/2019; and by Ord. No. 1204, 9/8/2020]
1. 
Definitions. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context.
DISABLED PARKING SIGN
A sign issued by the Borough of Emmaus reserving parking for one vehicle space and erected at a designated and agreed upon area for access for a disabled person. The sign shall have the international symbol for persons with disabilities, stating that the penalty for violation is a minimum of $50 and a maximum of $200, and that violators' vehicles may be towed.
ISSUING AUTHORITY
Borough of Emmaus.
OWNER
The approved applicant for a general disabled parking space or specific person (or designated vehicle) for a disabled parking space limited to that person or vehicle.
PERSON WITH A DISABILITY (formerly referred to as "HANDICAPPED") or SEVERELY DISABLED VETERAN (hereinafter jointly referred to as "DISABLED")
A person with a disability or severely disabled veteran possessing a disabled license plate or placard (or possessing a previously issued handicapped license plate or placard).
2. 
Disabled Parking in Parking Lots.
A. 
Borough Council at its discretion may provide, at convenient and suitable locations in any unmetered parking lot, reserved parking spaces for disabled persons, and shall designate those spaces by appropriate signs. It shall be unlawful, and a violation of this section, for any person to park in any such reserved parking space any vehicle unless that vehicle bears or displays either: a "disabled person license plate," a "disabled person parking placard," a "disabled veteran license plate," or a "disabled veteran placard." Provided: all provisions, requirements and restrictions governing parking contained in the Code of Ordinances and state statutes apply to vehicles lawfully parked in reserved parking spaces for disabled persons.
Parking Lot
Side
Location
28 South 4th Street (2 spaces)
14th Street Parking Lot (5 spaces)
Town Hall Parking Lots
Community Park Swimming Pool (2 spaces)
1401 Shimerville Road
Emmaus Public Library (2 spaces)
11 East Main Street
Main Street (near Triangle Park)
North
327 Main Street
Ridge Street
North
24 feet west of the parking lot entrance to the Central Fire Station and extending west a distance of 22 feet
3. 
Disabled Parking on Public Streets.
A. 
Borough Council at its discretion may provide at convenient and suitable locations in any public street reserved parking spaces for disabled persons, and shall designate those spaces by appropriate signs. It shall be unlawful, and a violation of this section, for any person to park in any such reserved parking space, any vehicle unless that vehicle bears or displays either: a "disabled person or disabled veteran license plate," or a "disabled person or disabled veteran placard." Provided: all provisions, requirements and restrictions governing parking contained in the Code of Ordinances and state statutes apply to vehicles lawfully parked in reserved parking spaces for disabled persons.
Street
Side
Location
2nd Street
West
Building located at 48 North 2nd Street
121 North 2nd Street
East
3rd Street
West
Building located at 26 North 3rd Street
3rd Street
West
Building located at 139 North 4th Street
4th Street (2 spaces)
East
Building located at 333 Ridge Street
4th Street (2 spaces)
East
Building located at 139 North 4th Street
28 South 4th Street
North
North 5th Street (2 spaces)
East
Building located at 35 North 5th Street
North 5th Street
East
Building located at 105 North 5th Street
220 North 5th Street
West
404 North 5th Street
317 South 6th Street
East
224 Adrian Street
348 Broad Street
376 Broad Street
South
525 Broad Street
819 Chestnut Street
North
228 Furnace Street
572 Jubilee Street
332 Main Street
South
10:00 a.m. to 2:00 p.m. Sundays during farmers market
529 Minor Street
North
North Street (2 spaces)
South
Building located at 139 North 4th Street
509 North Street
North
425 Railroad Street
North
Building located at 427 Railroad Street at Jubilee Street
430 Ridge Street
South
Building located at 35 North 5th Street
Ridge Street
North
Building located at 215 Ridge Street
551 Ridge Street
543 Ridge Street
North
553 Ridge Street
North
613 Walnut Street
North
637 Walnut Street
North
4. 
Disabled Parking Requests.
A. 
Ability to Apply for a Disabled Parking Space.
(1) 
Any resident of the Borough of Emmaus may make application to the Borough for a disabled parking space only after acquiring a disabled license or placard or a disabled veteran license plate.
(2) 
A resident requesting a disabled parking space on a public street or in a public space may request a reserved permitted space in accordance with Pennsylvania Act 144: Title 75 § 3354(d).
(3) 
Applications are to be completed in their entirety. An incomplete application form will be denied by the Borough of Emmaus.
B. 
Application Procedure.
(1) 
All applications shall be delivered to the Emmaus Police Department, 400 Jubilee Street, Emmaus, PA 18049.
(2) 
Applicant and/or disabled person must reside at the address to which the vehicle is registered.
(3) 
Vehicle must have a disabled person license plate issued by the Commonwealth of Pennsylvania. In the absence of a disabled license plate, a valid disabled placard issued by the Commonwealth of Pennsylvania may be substituted.
(4) 
The individual cannot have an off-street parking space available. If an off-street space is available, but the home is not easily accessible from the space, the issuing authority may consider granting a space.
(5) 
The disabled person must be mobility-impaired to the extent that ambulation is severely restricted.
(6) 
Parking width in front of the property must be at least 25 feet. If this is not the case, the section titled "Notification to Neighbors," in the application, must be completed.
(7) 
Applicant and/or disabled person must submit a copy of his/her driver's license and the vehicle registration when submitting application.
(8) 
The application must be accompanied by a check or money order in the amount prescribed by ordinance or resolution of Council, payable to the "Borough of Emmaus." Other appropriate payment methods may be authorized in accordance with the Borough of Emmaus procurement and payment policies.
(9) 
Upon receipt and verification of the application, the applicant shall be contacted by a representative of the issuing authority, at which time an interview and parking survey shall be scheduled.
(10) 
Applicants shall be notified in writing as to the approval of their application.
(11) 
Any change in address or change in health status must be reported to the Borough of Emmaus in writing within 30 days of change.
C. 
Disabled Parking Criteria.
(1) 
The disabled person must be eligible for, and have in their possession, a valid PD or DV license plate or placard from the Pennsylvania Department of Transportation for their vehicle.
(2) 
The driver of the vehicle is not required to be the disabled person, as long as the driver resides in the household of the disabled person - i.e., spouse, parent. A disabled sign will only be granted if the disabled individual's disability is severe enough to warrant a space.
(3) 
The disabled person must be mobility-impaired to the extent that ambulation is severely restricted.
(4) 
The street width in front of the residence must be adequate to allow parking.
(5) 
The individual cannot have an off-street parking space available. If an off-street space is available, but the home is not easily accessible from the space, the issuing authority may consider granting a space.
(6) 
All applicants shall meet at least one of the most recent amended form or equivalent of the eligibility requirements of the Pennsylvania Department of Transportation MV-145A (8-18): Person with Disability Parking Placard Application.
(7) 
The parking width in front of the property must be at least 25 feet. If this is not the case, the person requesting must obtain the signature of the person who owns the adjacent property indicating that they have no objection to the installation of the disabled parking zone.
(8) 
No temporary disabled space will be installed for less than one year.
(9) 
The person requesting the restricted disabled parking zone must complete an application for residential parking for people with disabilities which shall include a physician's certification of disability. There shall be a fee set forth by Borough Council via ordinance or resolution for the application for residential parking, which shall be returned to the applicant if the space designation is not approved. Physician's certification is separate.
(10) 
The criteria set forth above is not required for restricted parking spaces allotted for the general public or for spaces located entirely on private property.
D. 
General Disabled Parking Spaces.
(1) 
Disabled parking spaces on public streets and in public parking lots are considered for disabled public use and can be utilized by any individual with an authorized disabled placard or license plate. No disabled parking space is guaranteed for exclusive use by an applicant, unless such a permit is obtained by the applicant.
(2) 
Applicants requesting a disabled parking space in a public space may apply for a permit for their specific and exclusive use of the associated disabled space.
(3) 
Applicants shall complete the application requirements.
(4) 
Approval of applications shall be in accordance with this section.
E. 
Issuance of Permit.
(1) 
Assignment of Permit Number.
(a) 
The issuing authority shall assign a permit number to each approved permit.
(b) 
The permit number shall be the applicant's disabled license plate number or, in its absence, the applicant's disabled parking placard.
(2) 
Posting of Permit Number on Sign.
(a) 
The issuing authority, upon approval of the permit, shall prominently display the permit number on the disabled parking sign in the public parking lot or on the public street.
(3) 
Permit Number Must Match Vehicle Plates or Placard.
(a) 
Permittees are not permitted to share the placard or license plate with other nonpermitted vehicles.
(b) 
If the permittee changes vehicles, they shall follow the requirements of this section to notify the issuing authority.
(c) 
Violations of this subsection shall result in parking violations in accordance with the penalties section of this chapter.
(d) 
Violation of this subsection may result in revocation of the permit.
(4) 
Placard Must Be Prominently Displayed In Plain Sight.
(a) 
The placard, at all times, must be displayed in clear site while parked in the permitted disabled parking space.
(b) 
The placard, and/or disabled license plate, shall be clearly legible at all times.
(c) 
Failure to prominently display the placard shall result in parking violations in accordance with the penalties section of this chapter.
F. 
Application Renewal.
(1) 
The applicant shall respond to the mailing which shall be issued on the annual anniversary date of the granting of the disabled space, to certify that the conditions warranting the granting of the disabled parking space still exist and that the space is still warranted. Failure to complete and return the annual recertification shall result in the discontinuance of the disabled parking space and the space and sign shall be removed.
(2) 
Renewal applications shall be reviewed and approved by the Borough of Emmaus issuing authority, who will make the final determination regarding renewal of existing spaces.
(3) 
All approved applications shall be subject to annual review.
(4) 
Applications for renewal, except for temporary space renewal, shall be submitted to the Borough of Emmaus, between January 1 and January 31 of each calendar year. In the instance when the original application and approval is less than one year old, the applicant shall be permitted to forego the renewal application until the following year.
(5) 
In making the final determination regarding the renewal of a previously permitted disabled space, the Borough of Emmaus shall apply the criteria contained in this chapter.
(6) 
Once a permit is not renewed for any reason, any application by the same applicant shall be considered a new application and shall be governed by the provisions of this chapter.
G. 
Fees.
(1) 
The initial application and installation fee for permanent and temporary disabled parking spaces is $75. This fee also applies to any person permitted a disabled parking space who fails to file a renewal application within the time frame allowed by this chapter. This fee shall be for any applicant requesting a disabled space be placed in a public lot or on the public street. Any individual with a disabled placard or disabled license plate shall be permitted to park in this space.
(2) 
The initial application and installation fee for a permanent and temporary permitted disabled parking space, assigned exclusively to a specific individual is $150. This fee also applies to any person permitted a disabled parking space who fails to file a renewal application within the time frame allowed by this chapter.
(3) 
The application and installation fee for renewal applications for disabled parking spaces is $5.
(4) 
All fees for permanent and temporary disabled parking spaces and renewal of permanent and temporary disabled parking spaces are nonrefundable. However, if a request is denied, the applicant shall receive a full refund of their application fee.
(5) 
There shall be a fee set forth by Borough Council via ordinance or resolution for the application for residential parking, which shall be returned to the applicant if the space designation is not approved. Physician's certification is separate.
H. 
Location of Disabled Parking Spaces.
(1) 
No more than two disabled parking spaces shall be located on any block where parking is permitted on both sides of the street. Exceptions may be granted by the issuing authority and Borough Council in certain extreme circumstances.
(2) 
No more than one disabled parking space shall be located on any block where parking is permitted on only one side of the street. Exceptions may be granted by the Issuing Authority and Borough Council in certain extreme circumstances.
(3) 
All disabled parking spaces permitted prior to the effective date of this chapter shall be allowed to remain as located but must be renewed annually between January 1 and January 31 of each calendar year thereafter.
(4) 
In the event that previously permitted spaces exceed the maximum allowed per block, the Borough of Emmaus shall refrain from granting any additional spaces in that block until the number of disabled spaces falls below the maximum allowed. Exceptions may be granted by the issuing authority and Borough Council in certain extreme circumstances.
I. 
Issuing Authority.
(1) 
The Borough of Emmaus and the Emmaus Police Department shall maintain a log of all existing disabled parking spaces at the time of the effective date hereof. Further, the Borough of Emmaus will maintain a log of all applications for disabled parking spaces for a maximum of one year.
J. 
Revocation of Permit and Removal of Sign.
(1) 
The Borough of Emmaus reserves the right to revoke any permit or remove any sign for a disabled parking space at any time for any reason.
K. 
Penalties.
(1) 
A person owning a vehicle parked in a disabled parking designated area without a disabled plate or placard properly displayed and qualifying under this chapter will be subject to citation.
(2) 
It shall be unlawful for any person or owner of realty to erect a disabled parking sign upon the streets of the Borough of Emmaus without first making application for a disabled parking sign through the Borough of Emmaus. Any violations hereunder will constitute a summary criminal offense under the laws of the Commonwealth of Pennsylvania, and each day of violation hereunder will be considered a separate offense.
(3) 
The fine and penalty for a violation of the regulations here and before designated shall be $50, if paid to the Borough of Emmaus within 10 days of the time of said violation; after the lapse of 10 days after the time of such violation, a citation is issued in accord with the state law.
L. 
Exemptions.
(1) 
Disabled veterans of any branch of the armed forces are exempt from paying any and all application and installation fees, renewal fees or penalties as set forth in this chapter, upon showing proof of same.
M. 
General Provisions.
(1) 
Any stipulations made at the time of application regarding the eligibility of an applicant may be updated periodically at the request of the issuing authority.
(2) 
Disabled parking spaces shall not supersede existing parking regulations, including, but not limited to street sweeping, snow ban or snow removal regulations.
(3) 
Disabled parking signs will remain the property of the Borough of Emmaus.
(4) 
The issuing authority will police and control areas governed by a disabled parking sign.
(5) 
The issuing authority will take the following factors into consideration in the issuance of disabled parking signs:
(a) 
Overall availability of parking in the area wherein a sign is requested.
(b) 
The living arrangements of an individual applicant herein; for example, a disabled person living alone and responsible for his or her own transportation.
(c) 
Existing parking problems in the area wherein a sign is requested.
(6) 
The granting of a disabled parking space permit does not entitle the applicant to the exclusive use of this space. This space can be used by other disabled persons and disabled veterans, except wherein the space is a permitted space reserved exclusively to a permittee.
5. 
Removal of Disabled Parking Signs and Spaces.
A. 
The Borough of Emmaus hereby authorizes the removal of the disabled parking signs and assigned spaces, in accordance with Chapter 15 § 602.2.A of the Emmaus Borough Code at the following locations:
Street
Side
Location
South 5th Street
Building located at 32 South 5th Street
221 North 7th Street
120B North 7th Street
West
Building located at 702 Broad Street
446 South 7th Street
Chestnut Street
North
Building located at 327 Main Street
540 Ridge Street
South
517 Seem Street
North
Walnut Street (638)
Parking Lot
Side
Location
Main Street (near Triangle Park)
North
327 Main Street
B. 
The Council of the Borough of Emmaus authorizes the Director of Public Works and Chief of Police to remove all signs and street markings for the addresses listed above that indicate assignment of disabled parking.
6. 
Addition of Disabled Parking Signs and Spaces.
A. 
The Council of the Borough of Emmaus hereby authorizes the addition of the disabled parking signs and assigned spaces, in accordance with § 15-602, Subsection 2A of the Emmaus Borough Code at the following locations:
Parking Lot
Side
Location
Main Street (near Triangle Park)
South
338 Main Street
Emmaus Community Park (2 spaces)
near EPMFA Pavilion
Emmaus Community Park (2 spaces)
Rear Office
Community Park (upper lot)(4 spaces)
Near Well #6
Street
Side
Location
North Street (2 spaces)
South
St. John's UCC
22 Elm Street
North
542 Broad Street
South
319 Main Street
North
Buss Paints
20 North 5th Street (2 spaces)
West
B. 
The officers and employees of the Borough of Emmaus are hereby empowered and directed to erect such signs as may be necessary to notify the public of this chapter.
7. 
Private Statement to Violators. The issuing authority hereby authorizes an owner of a disabled person parking permit to issue statements to violators or violating vehicles in the form prescribed by the issuing authority.
8. 
Repealer. All existing ordinances of the Borough or parts thereof inconsistent with the provisions of this chapter are hereby repealed.
9. 
Savings Clause. If any section or provision of this chapter is declared by any Court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the constitutionality, legality or validity of this chapter as a whole, nor the constitutionality, legality or validity of any other section or provision of this chapter other than the one so declared to be unconstitutional, illegal or invalid.
[Ord. 675, 11/17/1986; as amended by Ord. 765, 5/18/1992, § 1]
It shall be unlawful for any person to park a vehicle, or to allow a vehicle to remain parked in any unmetered parking lot:
1. 
For longer than the maximum parking time prescribed by § 15-601 of this chapter; or
2. 
At any time when the lot is not in operation and is closed to public use; or
3. 
Except with special permission from Council.
[Ord. 675, 11/17/1986]
The unmetered parking lots established by § 15-601 of this chapter shall be for the use of passenger cars, passenger vans and pickup trucks only, and it shall be unlawful for any person to park any other kind or class of vehicle in any such lot.
[Ord. 675, 11/17/1986]
Every vehicle parked in an unmetered parking lot shall be parked wholly within the lines bounding or marking the individual parking space assigned to that vehicle, and shall be parked headed into the parking space. It shall be unlawful for any person:
1. 
To park a vehicle in a space not rented by him;
2. 
To park a vehicle otherwise than as required by this section; or
3. 
To park a vehicle elsewhere than in an individual parking space, the prohibited areas including, but not limited to, the access and exit driveways and turning and maneuvering spaces.
[Ord. 675, 11/17/1986; as amended by Ord. 1099, 8/19/2013, § 26]
The parking spaces in unmetered parking lots shall be available for parking on a monthly rental basis only. The rental fee shall be fixed by Borough Council from time to time and shall be for a calendar month or the part of a calendar month remaining after the rental arrangements are made. The rental fee shall be paid in advance to Borough Hall, for the use of the Borough, and after the first month shall be automatically renewable until the renter notifies the Borough that he wishes to terminate the rental arrangements or until such time as the Borough notifies the renter of the same. At any time, however, the Borough may, by amending § 15-601 of this Part, discontinue provision of a specific unmetered parking lot or a portion of the parking spaces in any such lot, or may change any unmetered parking lot, or part of an unmetered parking lot, to a metered parking lot or to metered parking spaces. The rental parking spaces shall be assigned by the Borough Manager. The name of the renter of a parking space and/or the numbers and/or letters on the registration tag of the vehicle entitled to be parked there shall be retained by the Borough at Town Hall and the rental space or shall be painted on the surface of that parking space with a marking signifying the space is occupied by a renter.
[Ord. 675, 11/17/1986; as amended by Ord. 1099, 8/19/2013, § 27; and by Ord. 1117, 12/15/2014]
1. 
The police officer or other person making the report shall also place on or attach to the vehicle a notice to the owner or driver of the vehicle that the vehicle was parked in violation of this Part, and instructing the owner or driver that if he shall report to the Police Department and pay, for the use of the Borough, the sum of a parking ticket consistent with § 15-409 above, unless otherwise noted below in this subsection, enclosed within the envelope provided, in any of the special parking fine boxes installed at various locations within the Borough, within that time limit, that act will save the violator from prosecution and from payment of the fine and prosecution. Any person who violates any provision of § 15-602, shall, upon conviction, be sentenced to pay a fine of not less than $50 and costs. Any person who violates any provision of § 15-603 shall, upon conviction, be sentenced to pay a fine of not less than $15 and costs. Any person who violates any provision of § 15-606 shall, upon conviction, be sentenced to pay a fine of not less than $20 and costs.
2. 
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.