[Ord. 1277, 3/28/1990, Section 1]
The indiscriminate parking of motor vehicles on lawn areas and
outside of approved off-street parking areas which were specifically
built and designed for the parking of motor vehicles has many deleterious
effects on the community. These include the destroying of lawn areas,
resulting in creating dirt, mud and other debris on private and public
property. Not only do these deleterious conditions lower the value
of individual properties, thereby causing an overall lowering of all
property value in the neighborhoods, but also mud, dirt and other
debris are scattered and spread onto public streets by motor vehicles
so parked when those vehicles leave the premises. Therefore, in order
to stop the scattering of these materials which have a deleterious
effect on the public streets and the community as a whole, the Municipality
hereby declares that the parking of motor vehicles on private and
public property outside of approved off-street parking areas is a
public nuisance and prohibits the same.
[Ord. 1277, 3/28/1990, Section 2]
Any off-street parking area, including driveways serving
one- or two-family dwellings, which is designed and built to all applicable
standards, as prescribed in the Zoning Ordinance for off-street areas,
and which has been duly approved by the Municipality.
A person who drives or is in actual physical control of vehicle.
A vehicle which is self-propelled including, but not limited
to, automobiles, trucks, motorcycles, scooters, motor bikes and recreational
vehicles, except one which is propelled solely by human power or any
vehicle which is designed for the conveyance of one handicapped person.
The halting of a motor vehicle in any area beyond the street
right-of-way, whether occupied or not, except momentarily for the
purpose of and while actually engaged in loading or unloading property
or passengers.
An area or structure located beyond the street right-of-way,
which is designed to be used for parking motor vehicles.
Any person, operator, firm or corporation having a legal
or equitable interest in the property; or recorded in the official
records of the municipality as holding title to the property; or otherwise
having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate
of such person if ordered to take possession of real property by a
court.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
[Ord. 1277, 3/28/1990, Section 3]
Off-street parking of motor vehicles shall not be permitted
outside of approved off-street parking areas, and it is expressly
prohibited on lawn or landscaped areas.
[Ord. 1277, 3/28/1990, Section 4]
The owner and/or driver shall be responsible for complying with
the provisions of § 11-378 of this chapter.
[Ord. 1277, 3/28/1990, Section 5; amended by Ord. 1643, 12/11/2000;
Ord. 1914, 12/15/2008, Section 20]
Upon the discovery of any violation under the terms of this
Ordinance, the Municipality, through its authorized agents, is authorized
to give notice to the owner and/or driver of a violation either by
personal delivery to such owner and/or driver, by United States mail
directed to the last known address of such owner and/or driver or
by leaving the same on the vehicle which is parked in violation of
this Ordinance.
If such owner and/or driver, within seven days after delivery,
mailing or leaving of such notice, pays to the Treasurer of the Municipality
the sum of $25 for the violation, the same will constitute full satisfaction
for the violation noted in said notice.
Each day that a violation exists shall constitute a separate
violation. The failure of such owner and/or driver to make payment,
as aforesaid, with seven days shall render such owner and/or driver
subject to the penalties as provided herein.
If such owner shall, in fact, make payment after such seventy-two-hour
period but before the filing of a complaint with the District Magistrate
on account of such violation, the sum of $35 shall be in full satisfaction
of such violation.
[Ord. 1277, 3/28/1990, Section 6]
On neglect or refusal of the owner and/or driver to comply with
the provisions of this Ordinance, he, she or they shall, upon conviction
of such default, neglect, failure or refusal, pay a fine of not less
than $50 and not more than $600, plus costs of prosecution and, in
default of payment of such fine and costs, to undergo imprisonment
for not more than five days. The continuation or reoccurrence of the
violation of this Ordinance after a period of 24 hours shall constitute
a new and separate offense for each successive additional twenty-four-hour
period.
