[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]
- APPROVED OFF-STREET PARKING AREA
- 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.
- MOTOR 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.
- OFF-STREET PARKING
- 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.
- OFF-STREET PARKING AREA
- 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.