[Ord. 110, 11/13/1973, § 1]
This Part shall be known and may be cited as the "Parking Tax
Ordinance."
[Ord. 110, 11/13/1973, § 2; as amended by Ord.
305, -/-/1998, Art. I]
1. As used in this Part, unless the context indicates clearly a different
meaning, the following words and phrases shall have the meanings set
forth:
COMMERCIAL PARKING PLACE OR PARKING PLACE
Any place within the Township, whether wholly or partially
enclosed or open, at which motor vehicles are parked or stored for
any period of time in return for a consideration not including: (1)
any parking area or garage to the extent that it is provided or leased
to an occupant of a residence on the same or other premises for use
only in connection with, and as accessory to, the occupancy of such
residence, and (2) any parking area or garage operated exclusively
by an owner or lessee of a hotel, an apartment 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.
GROSS RECEIPTS
The monetary amount of the aggregate consideration from transactions.
OPERATOR
Any person conducting the operation of a parking place or
receiving the consideration 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 unincorporated associations,
shall mean the members thereof, and as applied to corporations, shall
mean the officers thereof.
TRANSACTION
The transaction involved in the parking or storing of a motor
vehicle at a commercial parking place for a consideration, which transaction
shall include the shuttle service provided by the facility to transport
the parking customer including but not limited to shuttle transport
to and from the airport.
[Ord. 110, 11/13/1973, § 3; as amended by Ord.
133, 3/15/1977, Art. I(a)]
A tax for the revenue in the General Revenue Fund is hereby
imposed upon all transactions of each operator with respect to each
commercial parking place, at the rate of 5% of the gross receipts
from all such transactions. No person shall conduct such transactions
without complying with all the provisions of this Part and paying
the tax hereby imposed.
[Ord. 110, 11/13/1973, § 4]
No operator shall conduct the operation of a commercial parking
place without obtaining for each parking place an annual license from
the Secretary of the Township of North Fayette. Each operator shall
obtain such license within 30 days after the effective date of this
Part and annually thereafter during the month of January commencing
in January, 1974, and any person who intends to begin conducting the
operation of a commercial parking place, the operator shall obtain
such license before beginning such operation. At each parking place,
the operator shall display the license in a conspicuous location at
all times. Such license shall not be transferable between one operator
and another or between one parking place and another. Any operator
who ceases to conduct the operation of a parking place shall notify
the Treasurer and return the license applicable thereto.
[Ord. 110, 11/13/1973, § 5]
Each operator shall maintain, separately with respect to each
parking place, complete and accurate records of transactions and of
gross receipts of all transactions. Each operator shall issue to the
person paying consideration written evidence of such transactions
or classes of transactions as the Tax Collector may prescribe by regulations.
Where consideration in a transaction is not separately stated, the
operator shall maintain such evidence and records as are necessary
to segregate the consideration applicable to the transaction. Each
operator shall afford the Tax Collector and his designated employees
and agents access to all such records and evidence at all reasonable
times and shall provide verification of the same as the Tax Collector
may require.
[Ord. 110, 11/13/1973, § 6]
Each operator, upon forms prescribed by the Tax Collector shall
file, on or before November 31, 1973, and quarterly thereafter on
or before January 31, April 30, July 31, and October 31 of each respective
year returns showing gross receipts received with respect to each
parking place during the respective three-month period ending on the
last day of the month preceding the month in which the return due
date occurs. At the time of filing the return, the operators shall
pay to the Treasurer all tax due for the period to which the return
applies.
[Ord. 110, 11/13/1973, § 7]
The Tax Collector, on behalf of the Township, shall receive
and collect the taxes, interest, fines and penalties imposed by this
Part, and shall maintain records showing the amounts received and
the dates such amounts were received. The Tax Collector shall adopt
and enforce regulations relating to any matter pertaining to the administration
of this Part, including, but not limited to, requirements for evidence
and records and forms for applications, licenses and returns.
[Ord. 110, 11/13/1973, § 8]
The Tax Collector shall collect, by suit or otherwise, all taxes,
interest, costs, fines and penalties due under this Part and unpaid.
If for any reason, any tax is not paid when due, interest at the rate
of 6% per year on the amount of unpaid tax and an additional penalty
of 1/2 of 1% of the amount of unpaid tax for each month or fraction
of month during which the tax remains unpaid shall be added and collected.
Whenever suit is brought for the recovery of unpaid tax, the operator
shall, in addition, be liable for the costs of collection as well
as for interest and penalties.
[Ord. 110, 11/13/1973, § 9; as amended by Ord.
418, 1/29/2014]
Any person, partnership or corporation who or which has violated
or permitted the violation of any provision of this Part, upon being
found liable therefor in a civil enforcement proceeding commenced
by the Township, shall pay a judgment of not more than $600 plus all
court costs. No judgment shall commence or be imposed, levied or payable
until the date of the determination of a violation by a magisterial
district judge. If the defendant neither pays nor timely appeals the
judgment, the Township may enforce the judgment pursuant to the applicable
rules of civil procedure, at which time, in addition to any penalties,
the violator shall be liable for any attorney's fees and costs incurred
by the Township. Each day that a violation continues or each section
of this Part which shall be found to have been violated shall constitute
a separate violation.