[Ord. 737, 5/5/2009, § I]
1. 
These regulations shall apply to parking lots that meet all of the following criteria:
A. 
The parking lot has room for parking three or more passenger cars.
B. 
The parking lot has a slope in excess of 0.5%, with such slope falling toward a public sidewalk, street or right-of-way, or private property.
C. 
Within any 12 consecutive month period commencing on January 1, 2008 and afterwards, two or more reports of vehicles drifting into the public right-of-way from such parking lot have been reported to the police and have been substantiated by the police as having in fact occurred.
[Ord. 737, 5/5/2009, § II; as amended by Ord. 752, 1/17/2012]
1. 
The owner, tenant and/or occupant of property upon which a parking lot is located that meets the criteria set forth in § 15-301 above, shall install fixed barriers, not in the public right-of-way, that will prevent a vehicle from drifting from the parking lot into the public right-of-way at any point other than at driveways approved by the Borough Engineer, in accordance with the following standards and criteria:
A. 
Such barriers shall consist of a guiderail installed in accordance with the latest edition of PennDOT Publication 408 or such other barrier, or arrangement of curbs and tire stops, that in the opinion of the Borough Engineer according to generally applicable engineering standards, will effectively prevent any licensed motor vehicle from drifting into the public right-of-way. The Borough Engineer is authorized to issue a standard detail or technical specification for barrier installation.
B. 
Such barrier will be installed within 60 days after the date of a written Notice to Install Parking Lot Barrier issued by an authorized Borough representative to such owner, tenant or occupant. The Mayor, the Chief of the police department serving the Borough, Borough Engineer and Borough Ordinance Enforcement Officer are all hereby authorized to issue such notice.
(1) 
Within 30 days after receipt of such Notice, the property owner, tenant or occupant will submit a written "Parking Lot Barrier Application" to the Borough Engineer. Such plan will:
(a) 
Be to scale and show all relevant parking lot and barrier dimensions and locational information requested by the Borough Engineer.
(b) 
Describe the materials to be used in the method of the installation.
(c) 
Be accompanied by a nonrefundable review fee in the amount as established, from time to time, by resolution of Borough Council, to defray Borough permitting and review costs.
(d) 
Meet PennDOT specifications where applicable.
(e) 
Be approved as adequate by the Borough Engineer, subject to any conditions the Engineer may impose to provide the purposes of this chapter.
(2) 
Within 30 days after approval of the Parking Lot Barrier Application, the barrier will be installed, by the property owner, tenant or occupant in accordance with the plan as approved by the Borough Engineer, along with any conditions the Engineer places upon such approval.
C. 
Any person aggrieved by the decision of the Borough Engineer with respect to a Parking Lot Barrier Application will be afforded a Local Agency Law hearing upon filing a written request for such hearing with the Borough Secretary within 30 days of the decision being appealed from, such request for a hearing to be accompanied by a nonrefundable appeal fee, in an amount as established, from time to time, by resolution of Borough Council.
[Ord. 737, 5/5/2009, § III]
1. 
Failure of the owner, tenant or occupant to install the barrier required under the chapter shall be a violation of this chapter.
A. 
This chapter may be enforced by the Mayor or the police with jurisdiction in the Borough or the Borough Ordinance Enforcement Officer or such other Borough official as may be designated by Borough Council.
B. 
Any person who violates this chapter shall, upon conviction thereof, be sentenced to pay a fine of up to $1,000 for each such violation, together with court costs, and in default of payment thereof, the imprisonment for a term not to exceed 90 days. Each day of failure to provide the required parking lot barrier shall be a separate violation.
C. 
In the event the property owner, tenant or occupant fails to install the barrier as required by this chapter, then, in addition to and not in lieu of any other remedy available under the chapter or at law or equity, the Borough may:
(1) 
Install the barrier at the expense of the property owner, tenant or occupant.
(2) 
The Borough may file, pursuant to 53 P.S. § 7101 et seq., a lien against the property upon which the parking lot is located, for the expense incurred in installing barriers on the property, or in the Borough right-of-way under § 15-303, Subsection 1C(4), below, plus 6% interest per annum, plus a penalty of 5% of the amount due plus attorney's fees and costs incurred by the Borough.
(3) 
The Borough may commence civil action against the property owner, tenant and/or occupant to recover any expenses incurred by the Borough in connection with installing barriers or otherwise enforcing this chapter, plus interest, plus costs, plus Borough attorney's fees as permitted by law.
(4) 
The Borough may prohibit parking of vehicles on the parking lot until the required barrier is installed, upon five days written advance notice to the property owner, occupant or tenant. The Borough may erect barriers, chains, bollards or other devices in the Borough right-of-way or upon the parking lot to prevent vehicles from accessing the parking lot until the required barrier is installed.