[Amended 9-12-2007 by Ord. No. 551]
A. Legislative intent. The Freedom Borough Council has determined that
hazardous and unsafe traffic conditions within the municipal limits
of the Borough exist because large vehicles are often parked on the
streets in the Borough. These hazardous and unsafe traffic conditions
are detrimental to the public health, safety and welfare of the residents
of the Borough of Freedom and others, impede emergency vehicles (including
fire trucks, ambulances, etc.) and interfere with the peaceful and
quiet enjoyment of the residents of Freedom Borough in their homes
and neighborhoods. The Borough Council has determined that the adoption
of this section is necessary to remediate the foregoing.
B. Definitions. The following words and phrases used in this section
shall have the meanings given to them in this subsection, unless the
context of this section clearly indicates otherwise:
LARGE VEHICLES
(1)
The following, as defined by 75 Pa.C.S.A. § 102: articulated
buses, combinations, construction trucks, driveaway-towaway operations,
farm equipment, full trailers, house trailers, limousines (capable
of carrying 10 or more passengers), maxi-cube vehicles, mobile homes,
motor homes, recreational trailers, semitrailers, stinger-steered
automobile or boat transporters, tow-dolly trailers, truck campers
and truck tractors.
(2)
Boats, snowmobiles, all-terrain vehicles and similar off-road
vehicles, pickup campers, boat trailers, tent trailers and cases or
boxes used for transporting recreational equipment (whether containing
equipment or not).
PARK or PARKING
The halting of a vehicle, whether occupied or not, except
temporarily for the purpose of, and while actually engaged in, loading
or unloading property or passengers.
STREET
Any street, road, lane, court, cul-de-sac, alley, path, public
way and public square within the municipal limits of Freedom Borough.
C. Parking of large vehicles prohibited. No person shall park, cause
to be parked or permit to be parked any large motor vehicle on any
street within the municipal limits of Freedom Borough.
D. Exceptions. This section shall not apply to emergency vehicles as
defined by 75 Pa. C.S.A. § 102.
E. Violations and penalties. Unless another penalty is expressly provided
by the Pennsylvania Vehicle Code, any person, or registered owner
of any vehicle, who violates this section shall, upon conviction,
be sentenced to pay a fine of not less than $300, plus costs of prosecution.
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.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XII (§
193-50), attached to and made a part of this chapter.
[Added 4-19-2016 by Ord.
No. 578]
A. Except when necessary to avoid conflict with other traffic or to
protect the safety of any person or vehicle or in compliance with
law or the directions of a police officer or official traffic control
device, no person shall:
(1)
Stand or park a vehicle in the Borough of Freedom:
(a)
In front of any entrance or exit or public driveway.
(b)
Within 15 feet of a fire hydrant.
(c)
At any place where official signs prohibit such.
(d)
On any portion of a public roadway where the curb is painted
yellow.
(e)
With wheels more than 12 inches from the curb.
(f)
Against the flow of traffic.
(g)
In the wrong direction on a one-way street.
(2)
Stop, stand, or park a vehicle:
(3)
Park or leave unattended a vehicle on private property without
the consent of the owner or other person in control or possession
of the property, except in the case of emergency or disablement of
the vehicle.
B. The provisions of the Vehicle Code at 75 Pa.C.S.A. § 3353(a)
through (e) are incorporated herein by reference, made a part hereof,
and merged herein as though more fully set forth at length.
C. Any person violating any provision of Subsections
A and
B above is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $25 and not more than $300 unless specified by section, plus costs of prosecution as defined in § 196-26, Penalties for parking violations.
No person shall park a vehicle upon any of the streets or parts of streets described in Schedule XIII (§
193-51), attached to and made a part of this chapter, during the hours specified in said schedule, on any day except Saturdays, Sundays and holidays.
No person shall park a vehicle or allow the same to remain parked upon any of the streets or parts of streets described in Schedule XIV (§
193-52), attached to and made a part of this chapter, between the hours specified, for longer than the time indicated in said schedule.
It shall be unlawful for any person to park any vehicle or to allow the same to remain parked in any special purpose parking zone established in Schedule XVI (§
193-54), attached to and made a part of this chapter, except as specifically provided for such zone.
The locations described in Schedule XVII (§
193-55), attached to and made a part of this chapter, are hereby designated as bus stops and shall be properly designated by painted yellow lines or curbs or by bus stop signs. No vehicle, other than a bus engaged in loading, unloading or awaiting passengers, shall be parked in such designated area at any time.
[Amended 6-13-2007 by Ord. No. 548; 4-19-2016 by Ord. No. 578]
A. Any person who shall violate any provision of this article shall,
upon conviction thereof, be sentenced to pay a fine of not less than
$25 and not more than $300, plus costs of prosecution.
B. The peace officer making such report shall also attach to every such
vehicle a notice that such vehicle was parked in violation of this
article, which notice shall contain instructions to the owner or operator
of such vehicle that if he shall report to the office of the Chief
of Police and pay, for the use of the Borough, the sum of $25 within
five days after the time of such notice, the same shall save such
violator from prosecution and payment of the fine and costs hereinabove
prescribed, except the following:
(2) Section
193-26.1J: penalty of $100 for violation of a reservation for handicap parking.
C. The Police Department shall process a written warning for all violations
not paid within the prescribed time, where a ten-day extension will
be granted for payment of fine for violation. After such time, a motor
vehicle citation will be issued by the Police Department, and the
additional processing fee of $12.50 will be assessed to the violation.
[Added 9-9-1998 by Ord. No. 509]
A. Restricted handicapped residential parking. Any borough
resident who has been issued a handicapped or severely disabled veteran
license plate or placard by the Commonwealth of Pennsylvania, or on
whose behalf said license plate or placard has been issued, pursuant
to Section 1338 or Section 1342 of the Pennsylvania Motor Vehicle
Code, shall be eligible for the installation, in front of said
person's residence solely for said person's use, of a sign indicating
that parking in such space is restricted to such person's vehicle
bearing handicapped or severely disabled veteran license plate or
placard, which eligibility shall expire 12 months from the date such
sign is installed. Application for such restricted parking sign shall
be made to the Chief of Police.
B. Application form and content. Application for a restricted
handicapped or severely disabled parking space shall be made on a
form provided by the Chief of Police. The application information
shall include the identity of the handicapped person or severely disabled
veteran and said person's place of residence and shall be accompanied
by documentation evidencing issuance of a handicapped or severely
disabled veteran plate or placard by the Commonwealth of Pennsylvania.
C. Factors in determining approval of applications.
(1)
In determining whether to approve the application,
the Chief of Police shall take into consideration the following factors:
(a)
Impact on general safety.
(c)
Impact on neighboring properties.
(e)
Availability of off-street parking, garage and/or
driveway.
(f)
Consultation with adjacent property owners.
(g)
Verification of application in general.
(2)
The application shall not be approved if off-street
parking is available to the applicant unless the same cannot be utilized
or if an undue hardship is created for the other residents parking
in the area.
D. Annual certification.
(1)
Each renewal period shall be 12 months.
(2)
Application for renewal must be filed with the
Chief of Police no later than 30 days before the date the prior eligibility
is due to expire.
(3)
The Chief of Police will not accept the application
for renewal unless it is also accompanied by a sworn document containing
the following averments:
(a)
The applicant continues to be disabled, as evidenced
by documentation submitted and signed by the applicant's treating
physician.
(b)
The applicant continues to drive an automobile
or is being driven by another identified individual because of the
applicant's disability.
(c)
The applicant resides at the same address.
E. Fees. The initial, installation fee and the annual
renewal fee shall be in an amount as established, from time to time,
by resolution of the Borough Council.
F. Failure to file completed application. Failure to
file a completed initial application or a timely application for renewal
shall result in such application being denied or renewed. In the event
that an individual fails to file a completed application for recertification
within the time allowed, that is, on an annual basis prior to expiration
of the individual's eligibility, the right to such sign shall be forfeited
and the sign shall be removed by the Department of Public Works.
G. Current signs. All residences currently having restricted
handicapped or severely disabled veteran parking signs in front of
the premises shall apply to the Chief of Police within 60 days of
the effective date of this section for renewal of their handicapped
or disabled status. Failure to do so will result in the removal of
the sign.
H. Removal of sign. In addition to removal of the sign
for failure to properly apply for renewal, a handicapped or severely
disabled veteran parking restriction sign may be removed after notice
to the applicant if, upon investigation the borough determines either
that the applicant is not, in fact, handicapped or a severely disabled
veteran; that the applicant has moved; or, that the privilege is being
abused in a manner inconsistent with its intent. The notice to the
individual shall state the reason or reasons for the anticipated removal
of the sign and shall give the handicapped individual or severely
disabled veteran 20 days in which to request a hearing before the
Chief of Police or his designee.
I. Installation. Upon approval of the application, the
Chief of Police shall refer all applications for handicapped or severely
disabled veteran restricted parking which meet the requirements of
this section to the Borough Engineer and the Department of Public
Works for installation of a restricted handicapped or severely disabled
veteran parking sign.
J. Violations and penalties.
(1) An individual who submits a false application to the Chief of Police
shall, upon conviction thereof, be sentenced to pay a fine not exceeding
$600 and costs and, in default of payment of said fine and costs,
shall be subject to imprisonment for a term not to exceed 30 days,
or both. Each false application submitted to the Chief of Police shall
constitute a separate offense.
(2) Any person who parks in a space officially designated as a handicapped parking space pursuant to the criteria set forth in §
193-26.1 that is not so authorized shall, upon the entry of a guilty plea or upon a conviction rendered by a Magistrate after appeal, be sentenced to pay a fine of $50 and all costs associated with that prosecution. An offender accepting guilt shall pay the fine of $50 within five days of the ticket's issuance in the Borough offices at the Secretary's office or the Chief’s office.
[Added 6-13-2007 by Ord. No. 548]
[Added 4-14-2010 by Ord. No. 568]
Wherever a space is marked off on any street as a loading zone,
no vehicle shall be stopped in that space for longer than the time
required to load or unload items from that vehicle. There shall be
no parking in an area marked as a loading zone.