[Ord. 1010, 11/10/2015]
The Borough Council may, in compliance with this Part 7, designate, repeal, or revise residential parking districts, and it may establish the parking restrictions, i.e., days, hours, and exemptions for each district. Residential parking districts shall not be designated in a nonresidential zone as ordained by the Borough of Stroudsburg's Zoning Ordinance [Chapter 27]. The process of designating, revising, or repealing any residential parking district could begin either by the Borough Council's initiative or upon submission of a petition to the Council from residents of the district.
[Ord. 1010, 11/10/2015]
1.
A residential area shall be deemed impacted and thereby eligible
for residential parking district designation provided the following
criteria are satisfied:
A.
The area must be zoned residential.
B.
During the proposed hours of restricted parking, except any legal
holidays as specified in the definition section proposed for exemption,
the number of vehicles of nonresidents parked legally or illegally
on a street in the district is equal to 30% or more of the legal on-street
parking capacity of the street. The percentage of nonresident parking
shall be determined by averaging the results of two surveys conducted
on different days and at different times of the day but within the
hours of restricted parking. For purposes of this evaluation, a legal
parking space shall be 22 linear feet.
[Ord. 1010, 11/10/2015]
The Borough Council shall hold a public hearing on any proposed
designation of, revision to, or repeal of a residential parking district.
The public hearing shall be held only after the Borough Manager has
compiled data to determine if the area satisfies the criteria for
designation and the proposed ordinance and public hearings have been
duly advertised.
[Ord. 1010, 11/10/2015]
Within 65 days following the public hearing, the Borough Council
shall take final action on the proposed ordinance.
[Ord. 1010, 11/10/2015]
Except for motor vehicles displaying a valid permit for the
proper residential parking district, it shall be unlawful for any
person to park any motor vehicle, or allow any motor vehicle to be
parked, in a residential parking district for more than the time allowed
by the parking restrictions established for that district. The parking
restrictions for each residential parking district shall be established
by ordinance of the Borough Council at the time each respective district
is created. Residential parking permit holders must comply with all
other parking regulations in effect at the time the district is designated
or as may be amended by the Borough Council. In areas with existing
parking meters, vehicles displaying a valid residential parking district
permit may be parked in metered spaces within the designated district
without the need to deposit coins.
[Ord. 1010, 11/10/2015]
1.
A residential parking district permit shall be issued to any vehicle of a resident of a residential parking district for the district in which the person resides. A residential parking district permit shall also be issued to any vehicle of an adversely impacted neighbor of a residential parking district, provided that the adversely impacted neighbor meets the conditions set forth in Subsection 2 of this section. In addition to the residential parking district permit, each dwelling unit in a residential parking district making application shall receive two short-term visitors' passes. The short-term visitors' passes shall be valid for a three-day period. For the purpose of this Part 7, a resident is any adult who lives or resides in a structure approved for residential occupancy and who is the owner of or a tenant in the structure or who can demonstrate some other indication of exclusive right of occupancy. A property owner who maintains a seasonal or temporary residence in excess of 100 days within the permit year shall also be considered a resident.
2.
When the designation of a residential parking district adversely
impacts other Borough residents because their residence is not situated
within the residential parking district and because they do not have
on- or off-street parking, the adversely impacted neighbor may petition
the Borough Council for a residential parking district permit. The
adversely impacted neighbor must prove, to the Council's satisfaction,
the following:
[Amended by Ord. No. 1103, 3/16/2021]
B.
That the applicant resides in a residential zoning district or in
a zoning district that is within 80 feet of a residential parking
district;
C.
That the applicant shows his/her property (residence) does not abut
a street where on-street parking is allowed; or
D.
That the applicant demonstrates the lack of adequate off-street parking
and the inability to develop the property to provide for legal off-street
parking.
3.
The Borough Council shall hold a public hearing on the application
and make a decision on same within 65 days of the hearing. An adversely
impacted neighbor whose application has been approved by the Borough
Council shall follow the same prescribed procedures, be entitled to
the same rights, and pay the same fees as specified for residents
in this Part 7.
[Ord. 1010, 11/10/2015; as amended by Ord. No. 1114, 12/7/2021]
1.
An application for a residential parking district permit shall be
made by a resident of a district to the Borough Office on forms provided
by the Borough. The application for a permit shall contain information
to verify that the applicant is a bona fide resident of the district
for which application has been made and has legal title to or the
right to possession of the motor vehicle to be permitted. The information
shall include but not be limited to the following:
2.
An applicant
who is a tenant shall be identified on a current rental unit registration
form which shall be filed by all landlords in the office of the Borough
Manager.
3.
A parking permit may not be issued for any motor vehicle for which
one or more unpaid citations have been issued by the Borough for parking
violations. The Borough shall issue the parking permit upon finding
the applicant meets the requirements specified in this section and
has paid the required fee.
[Ord. 1010, 11/10/2015; as amended by Ord. No. 1057, 8/21/2018]
The annual permit fee for a residential parking district permit
shall be established by resolution of the Borough Council. The fee
shall be payable at the time the application is submitted. The permit
term for each residential parking district shall be determined at
the time the district is designated. Residential parking permits may
be renewed by qualified residents upon the payment of the annual fee
on or before the anniversary date of the term. In order to renew the
permit, residents must present their short-term visitors' passes.
The fee shall be prorated; after the midpoint of the permit term,
residents shall pay 1/2 of the established fee. No portion of any
fee is refundable.
[Ord. 1010, 11/10/2015]
The permit shall be affixed to the back of the interior rearview
mirror facing the front windshield of the vehicle. Short-term visitors'
passes and temporary passes shall be displayed on the front dash of
the vehicle. Failure to properly display the permit or visitor's pass
may result in a parking violation and/or fine.
[Ord. 1010, 11/10/2015]
A permit expires and is void when the owner or user of a permitted
vehicle no longer resides within the district, as defined in this
Part 7. A resident shall remove a permit sticker from any permitted
motor vehicle upon its expiration or upon moving outside of the district.
Furthermore, a resident shall return short-term visitors' passes to
the Borough Office. Permits shall be transferred from one vehicle
to another during the permit period solely in accordance with regulations
governing such transfers.
[Ord. 1010, 11/10/2015]
When a vehicle to which is a permit is affixed is sold, transferred, demolished, or in any other manner rendered unusable to the resident, the resident shall remove the permit from the motor vehicle and may request the issuance of a replacement permit. The owner of the permitted vehicle shall notify the Borough Office of a change in status of the motor vehicle. The application for a replacement permit shall be the same as the application for an original or renewal permit. The replacement permit shall be issued and be valid for the unexpired term of the original permit, except that a replacement permit may not be issued for any motor vehicle for which one or more unpaid citations have been issued by the Borough for parking violations. The fee for a replacement permit shall be prorated as set forth in § 15-708.
[Ord. 1010, 11/10/2015]
The Borough Office shall issue a temporary residential parking
permit for use by a bona fide long-term visitor to a residence within
a residential parking district. An application for a long-term temporary
permit shall be made by a resident of a district on a form that shall
be prescribed by the Borough Office. The long-term visitor parking
permit shall be valid for a seven-day period. The fee for a temporary
permit, if any, shall be established by resolution of the Borough
Council.
[Ord. 1010, 11/10/2015; as amended by Ord. No. 1114, 12/7/2021]
1.
The following areas of the Borough of Stroudsburg are hereby designated
as residential parking districts with the parking restrictions described
below:
A.
The Hill District.
(1)
The Hill District shall encompass the permitted parking on Scott
Street from North Eighth Street to North Fifth Street; the permitted
parking on Thomas Street from Stone Street to North Fifth Street;
the permitted parking on the north side of Sarah Street from North
Eighth Street to North Fifth Street; the permitted parking on North
Eighth Street from Sarah Street to Scott Street; the permitted parking
on North Seventh Street from Thomas Street to Scott Street; the permitted
parking on North Sixth Street from Sarah Street to Scott Street; and
the permitted parking on Wallace Street from Thomas Street to Scott
Street. The residential parking district restrictions for the Hill
District shall be in effect Monday through Friday, inclusive, from
8:00 a.m. to 6:00 p.m., prevailing time. Motor vehicles not displaying
a valid residential parking district permit may not be parked on the
streets of the Hill District for more than one hour, with the exception
of metered parking spaces on Sarah Street. The parking restrictions
set forth in this subsection shall not apply on the legal holidays
as specified in the definition section. The permit term for the Hill
District shall commence on January 1 and end on December 31 each calendar
year.
(2)
Within the boundaries of the Hill District, there shall be a school zone in the vicinity of the Ramsey Elementary School. The school zone shall encompass the permitted parking on Scott Street from Wallace to North Seventh Street; the permitted parking on North Seventh Street from Scott Street to Thomas Street; the permitted parking on Thomas Street from North Seventh Street to Wallace Street; and the permitted parking on North Sixth Street from Thomas Street to Scott Street. The Stroudsburg School District shall receive, for a fee as required in § 15-708 hereof, 17 permits to park within the school zone as follows: five permits on Scott Street, four on Thomas Street, and four permits on North Sixth Street. The school zone parking permits shall be valid only Monday through Friday from 8:00 a.m. to 6:00 p.m., prevailing time. The term of the permits for the school zone shall be established by § 15-708 and § 15-713, Subsection 1A(1), hereof. The permits shall be retained by the school district for use by school district employees only.
B.
The West Side District. The West Side District shall encompass the
permitted parking on Linden Street from West Main Street to Hamilton
Street; Hamilton Street, north side, between Linden Street and Elizabeth
Street; Fetherman Street from Main Street to Dreher Avenue; and Tenth
Street from Main Street to Ninth Street. The residential parking district
restrictions for the West Side District shall be in effect Monday
through Friday, inclusive, from 8:00 a.m. to 6:00 p.m., prevailing
time. Motor vehicles not displaying a valid residential parking district
permit may not be parked on the streets of the West Side District
for more than one hour. The parking restrictions set forth in this
subsection shall not apply on legal holidays as specified in the definition
section. The permit term for the West Side District shall commence
on January 1 and end on December 31 each calendar year.
C.
The South Side District. The South Side District shall encompass
the permitted parking on Bryant Street between Park Avenue and Broad
Street. The residential parking district restrictions for the South
Side District shall be in effect Monday through Friday, inclusive,
from 8:00 a.m. to 6:00 p.m., prevailing time. Motor vehicles not displaying
a valid residential parking district permit may not be parked on the
streets of the South Side District for more than one hour. The parking
restrictions set forth in this subsection shall not apply on the legal
holidays as specified in the definition section. The permit term for
the South Side District shall commence on January 1 and end on December
31 each calendar year.
[Ord. 1010, 11/10/2015; as amended by Ord. No. 1020, 9/20/2016;
and by Ord. No. 1058, 8/21/2018]
1.
Any person who shall violate any provision of this Part shall be
assessed a fine of $50 if paid within seven days.
[Amended by Ord. No. 1070, 3/5/2019]
2.
If not paid within seven days of the date on the ticket, the fine
will be increased to $100.
[Amended by Ord. No. 1070, 3/5/2019]
3.
If payment is not made within 14 days of the date on the ticket,
prosecution will be initiated for said violation, and the owner shall
be sentenced to pay a fine of $125, together with costs of prosecution.
[Amended by Ord. No. 1070, 3/5/2019]
4.
When any person or persons cause a vehicle to remain in violation
of any provision of this Part, it shall be declared an additional
violation each additional 12 hours that such person or persons permit
such vehicle to remain in violation of any provision of this Part.
[Ord. 1010, 11/10/2015]
In the event that any provision, section, sentence, or clause of this Part 7 shall be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, or clause of this Part 7. It is the intent of this Borough that such remainder shall be and shall remain in full force and effect.
