[Added 3-17-2008 by Ord. No. 451]
Any police officer of the Muhlenberg Township Police Department and any code enforcement officer of Muhlenberg Township is hereby authorized and empowered to enforce the provisions of Chapter
326, Article
III, Parking Regulations, of the Code of the Township of Muhlenberg, Berks County, Pennsylvania, as amended.
[Added 3-17-2008 by Ord. No. 451; amended 6-6-2012 by Ord. No. 509]
A. On-lot parking for residential
properties or lots.
(1) It shall be unlawful for
any person to park or stop any motor vehicle or for any property owner
or tenant to allow any motor vehicle to be parked or stopped at any
time on any residential property or lot located within the R-3, R-4
or R-5 Zoning District of the Township except on a paved driveway,
paved parking lot, or other mud-free and dust-free paved area located
at least five feet from any side yard or rear yard lot line. No parking
shall be permitted in any front yard unless there exists in such front
yard, as an approved or preexisting, nonconforming use, a driveway
for the property.
(2) It shall be unlawful for
any person to park or stop any motor vehicle or for any property owner
or tenant to allow any motor vehicle to be parked or stopped at any
time on any residential property or lot located within the R-1 or
R-2 Zoning District of the Township, except on areas located at least
five feet from any side-yard or rear-yard lot line. No parking shall
be permitted in any front yard unless there exists in such front yard,
as an approved or preexisting, nonconforming use, a driveway for the
property.
(3) It shall be unlawful for
any person to park or stop any motor vehicle or for any property owner
or tenant to allow any motor vehicle to be parked or stopped at any
time on any residential property or lot located within a nonresidential
zoning district of the Township except on a paved driveway, paved
parking lot, or other mud-free and dust-free paved area located at
least five feet from any side-yard or rear-yard lot line. No parking
shall be permitted in any front yard unless there exists in such front
yard, as an approved or preexisting, nonconforming use, a driveway
for the property.
(4) As a further restriction
to each of the above, it shall be unlawful for any person to park
or stop more than one motor vehicle that are not screened from the
view of neighboring properties and public streets or for any property
owner or tenant to allow more than one motor vehicle that are not
screened from the view of neighboring properties and public streets
to be parked or stopped at any time on any residential property or
lot, wherever located within the Township, except on a paved driveway,
paved parking lot, or other mud-free and dust-free paved area intended
for off-street parking on such lot.
(5) The restrictions set forth herein are in addition to any other parking restrictions set forth elsewhere in this Code, including at § 326-24B in this article and Chapter
228, Article
II, Motor Vehicle Nuisances, of the Code.
B. On-lot parking in nonresidential
properties or lots.
(1) Except as set forth below,
it shall be unlawful for any person to park or stop any motor vehicle
or for any property owner or tenant to allow any motor vehicle to
be parked or stopped at any time on any nonresidential property or
lot in nonresidential zoning districts of the Township, including
the C-1, C-2, C-3, I-1, I-2 and SA-1 Zoning Districts of the Township,
except on approved parking areas on any such property or lot or upon
a preexisting, nonconforming parking area on any such property or
lot. Such parking areas shall be paved driveways or parking areas
or other mud-free and dust-free areas.
(2) Commercial property owners,
tenants and occupants may apply for a temporary permit from the Township
to park or stop motor vehicles on an unpaved area (which may not be
mud-free or dust-free) on a nonresidential property or lot in a nonresidential
zoning district of the Township for display or sales purposes or for
other legitimate commercial purposes.
(a) Application for such permit
shall be made on such forms and shall be subject to such conditions
as the Township Manager shall determine, in consultation with the
Chief of Police of the Township, and shall be accompanied by such
fee as is set by the Board of Commissioners by resolution.
(b) All applications for a
temporary permit as described herein shall be submitted to the Township
for a determination of approval or denial by the Township Manager
or his designated agent at least 30 days prior to the proposed effective
date of the permit. Such determination shall be made in writing, with
a copy sent to the applicant at the address provided on the application.
(c) All applications for permits
shall be accompanied by a permit application fee as set by the Board
of Commissioners from time to time by resolution.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(d) Absent deviation by the
Township Manager for good cause shown, any such temporary permit shall
be limited to not more than 14 days.
(e) Parked vehicle on unpaved surface shall comply with clear sight triangle requirements as stipulated under Chapter
310, §§
310-10 and
310-33 and Appendix C, and Chapter
355, §§
355-11 and
355-96.
C. Definitions. As used in this
section, the following terms shall have the meanings indicated:
MOTOR VEHICLES
Shall include automobiles, trucks, recreational vehicles,
boats, boat trailers, campers, coaches, mobile homes, tent trailers
and any other similar vehicles.
SCREENED FROM THE VIEW OF NEIGHBORING PROPERTIES AND PUBLIC
STREETS
Located in relation to landscaping, fencing or other physical
barrier so as to substantially obscure the vehicle from normal human
vision of a person located on any neighboring residential or commercial
property or lot or a person situated on or traveling along any adjacent
public street or road.
D. Penalties. Any person violating
the terms of this section shall be subject to a fine not in excess
of $500 and/or imprisonment not in excess of 60 days. Each day of
noncompliance with this section shall be deemed to be a separate violation.
[Amended 8-2-1982 by Ord. No. 192; 12-21-2020 by Ord. No. 597]
A. No person
shall park a vehicle at any time upon any of the streets, highways
or alleys of the Township of Muhlenberg so designated by duly erected
parking regulations signs, as authorized by ordinance or resolution
of the Township of Muhlenberg from time to time.
B. Parking
shall be prohibited at designated locations by all vehicles on the
following properties as set forth below:
Address
|
Location
|
Description of Sign
|
---|
3634 Pottsville Pike
|
Along the entire frontage of the property between the curb and
the roadway as depicted on the plan on file with the Township
|
No Parking
|
5220 Allentown Pike
|
Along the entire frontage of the property between the curb and
the roadway as depicted on the plan on file with the Township
|
No Parking
|
[Amended 8-2-1982 by Ord. No. 192]
No person shall park a vehicle between the hours
specified on any duly erected sign regulating parking upon the streets,
highways or alleys of the Township of Muhlenberg, when said signs
are duly erected pursuant to duly passed ordinance or resolution of
the Township of Muhlenberg.
[Amended 8-2-1982 by Ord. No. 192]
No person shall park a vehicle or allow the
same to remain parked upon any highway, street or alley of the Township
of Muhlenberg for longer than the time limit indicated on duly erected
signs regulating parking, when said signs are duly erected pursuant
to duly passed ordinance or resolution of the Township of Muhlenberg.
[Amended 8-2-1982 by Ord. No. 192; 9-19-2005 by Ord. No. 408; 3-17-2008 by Ord. No.
449; 6-15-2009 by Ord. No. 471; 12-16-2013 by Ord. No. 528]
The following are hereby established as special-purpose parking
zones, and it shall be unlawful for any person to park any vehicle
or allow the same to remain parked in any such zone except as specifically
provided for such zones.
A. Handicapped parking spaces, violations
and penalties.
(1) No person shall park or stop
an attended or unattended motor vehicle in any area indicating handicapped
parking in the Township of Muhlenberg, when said signs are duly erected
as authorized by ordinance or resolution on the Township of Muhlenberg
from time to time, including the following which are hereby authorized
and ordained:
Street Name
(Direction of Travel)
|
Location
|
Description of Sign
|
---|
4th Avenue (North)
|
Just before North Temple Boulevard
|
Reserved handicapped parking
|
5th Avenue (South)
|
Just before 4829 5th Avenue
|
Reserved handicapped parking
|
5th Avenue (South)
|
At 4829 5th Avenue
|
Reserved handicapped parking
|
7th Avenue (South)
|
Just before North Temple Boulevard
|
Reserved handicapped parking
|
8th Avenue (North)
|
At 4935 8th Avenue
|
Reserved handicapped parking
|
10th Avenue (North)
|
At 4439 10th Avenue
|
Reserved handicapped parking
|
12th Avenue (North)
|
At 4342 12th Avenue
|
Reserved handicapped parking
|
Adams Street (South)
|
At 2156 Adams Street
|
Reserved handicapped parking
|
Bernhart Avenue (West)
|
At 208 Bernhart Avenue
|
Reserved handicapped parking
|
Darby Avenue (West)
|
At 2 Darby Avenue
|
Reserved handicapped parking
|
Darby Avenue (West)
|
Across from Manderbach Ford 4450 North 5th Street Highway
|
Reserved handicapped parking
|
Darby Avenue (West)
|
Across from Manderbach Ford 4450 North 5th Street Highway
|
Reserved handicapped parking
|
Eisenbrown Street (North)
|
At 417 Eisenbrown Street
|
Reserved handicapped parking
|
Euclid Avenue (East)
|
At 606 Euclid Avenue
|
Reserved handicapped parking
|
Fairview Street (North)
|
At 426 Fairview Street
|
Reserved handicapped parking
|
Girard Avenue (East)
|
At 316 Girard Avenue
|
Reserved handicapped parking
|
Hartman Avenue (West)
|
At 830 Hartman Avenue
|
Reserved handicapped parking
|
Hartman Avenue (West)
|
At 626 Hartman Avenue
|
Reserved handicapped parking
|
Jefferson Street (South)
|
At 122 Jefferson Street
|
Reserved handicapped parking
|
Kutztown Road (North)
|
At 3017 Kutztown Road
|
Reserved handicapped parking
|
Kutztown Road (South)
|
At 4918 Kutztown Road
|
Reserved handicapped parking
|
Kutztown Road (South)
|
At 2538 Kutztown Road
|
Reserved handicapped parking
|
Kutztown Road (South)
|
At 2418 Kutztown Road
|
Reserved handicapped parking
|
Kutztown Road (South)
|
At 2142 Kutztown Road
|
Reserved handicapped parking
|
Madison Avenue (East)
|
At 134 Madison Avenue
|
Reserved handicapped parking
|
Madison Avenue (West)
|
At 139 Madison Avenue
|
Reserved handicapped parking
|
Madison Avenue (West)
|
At 241 Madison Avenue
|
Reserved handicapped parking
|
Madison Avenue (West)
|
Near Pennsylvania Avenue
|
Reserved handicapped parking
|
Mayberry Avenue (East)
|
At 8 Mayberry Avenue
|
Reserved handicapped parking
|
Mount Laurel Avenue (West)
|
At 761 Mount Laurel Avenue
|
Reserved handicapped parking
|
Park Avenue (East) Hyde Park
|
At 122 Park Avenue
|
Reserved handicapped parking
|
Park Avenue (East) Hyde Park
|
At 110 Park Avenue
|
Reserved handicapped parking
|
Pennsylvania Avenue (South)
|
At 408 Pennsylvania Avenue
|
Reserved handicapped parking
|
Raymond Street (South) Hyde Park
|
At 530 Raymond Street
|
Reserved handicapped parking
|
Raymond Street (South) Hyde Park
|
At 208 Raymond Street
|
Reserved handicapped parking
|
Seminary Avenue (East)
|
At 8 Seminary Avenue
|
Reserved handicapped parking
|
Summit Avenue (East)
|
At 31 Summit Avenue
|
Reserved handicapped parking
|
Tuckerton Avenue (East)
|
At 718 Tuckerton Avenue
|
Reserved handicapped parking
|
Vesta Place (South)
|
At 524 Vesta Place
|
Reserved handicapped parking
|
Willow Grove Avenue (South)
|
At pool
|
Reserved handicapped parking
|
Willow Grove Avenue (South)
|
At pool
|
Reserved handicapped parking
|
(2) All applications for handicapped
parking spaces, original and renewal, shall be submitted to the Township
for a determination of approval or denial by the Township Manager
or his designated agent. Such determination shall be made in writing,
with a copy mailed to the address of the applicant.
(3) The following criteria shall
be satisfied in order for any person to receive approval for a handicapped
parking space on a public street of the Township in front of a residence:
(a) The individual requesting
the handicapped space must be a resident of the Township. Residency
shall be based upon, along with other evidence submitted by the requesting
person, the registration address of the person with disability vehicle
registration or person with disability parking placard.
(b) The individual requesting
the handicapped space shall complete an application form with the
Township, including proof of residence and all of the other required
information on the application form, for authorization and approval
of the handicapped parking space, and shall pay to the Township an
administrative fee, which shall be established by resolution of the
Board of Commissioners from time to time. The Commissioners may establish
different administrative fees for initial applications and renewal
applications.
(c) The individual requesting
approval of a handicapped space shall provide to the Township, as
part of his or her application, proof of the issuance to such person
of a person with disability vehicle registration or person with disability
parking placard from the Pennsylvania Department of Transportation.
(d) The request to the Township
for approval of a handicapped space shall be renewed annually by the
requesting person on or before the anniversary date of the initial
approval, using the same procedure under this section for original
approval. Any handicapped parking space which is not renewed shall
be void, and any signs and curb markings designated the space shall
be removed by the Township.
(e) If the requesting resident
currently has off-street parking available for his or her use, the
Township shall not approve a handicapped parking space on a public
street.
(4) Removal of handicapped parking
signs. All handicapped parking signs shall be removed at the direction
of the Township Manager upon failure to renew the handicapped parking
space in accordance with the requirements of this section and/or upon
the requirements for eligibility for a handicapped parking space no
longer being met.
(5) Appeal.
(a) Appeals from decisions
of the Township Manager or his designated agent under this section
shall be made to the Board of Commissioners of Muhlenberg Township,
in writing, within 30 days from the date of the decision in question.
(b) The appellant shall be
entitled to a hearing before the Board of Commissioners at its next
regularly scheduled meeting, if the appeal is received at least 14
days prior to the meeting. If the appeal is received within 14 days
of the next regularly scheduled meeting, the appeal shall be heard
at the next following regularly scheduled meeting of the Board of
Commissioners. The Board of Commissioners shall thereafter affirm,
modify or reverse the aforesaid decision. The hearing may be postponed
for a good cause shown by the appellant or the Township. Additional
evidence may be introduced at the hearing, provided that it is submitted
with the written notice of appeal.
(c) A decision shall be rendered,
in writing, within 60 days of the date of the hearing.
(6) The penalties for violations of Subsection
A of this section shall be as provided in §
326-30. The penalties for violation of Subsection
B of this section shall be a fine not in excess of $500 and/or imprisonment not in excess of 90 days.
B. It shall be unlawful for any
person to park or stop an attended or unattended motor vehicle in
any area designated by a duly erected sign as follows: "For Emergency
Vehicles Only."
C. It shall be unlawful for any
person to park or stop an attended or unattended vehicle in an area
designated for specialized vehicle parking as adopted by resolution
of the Board of Commissioners.
[Added 8-2-1982 by Ord. No. 192; amended 6-18-2018 by Ord. No.
573]
It shall be unlawful for any person to park
or leave unattended: (i) any commercial vehicle having a gross chassis
weight of 5,000 pounds or more; (ii) any truck tractor having a gross
chassis weight of 3,000 pounds or more; (iii) any trailer having a
combined weight of chassis and body, if so constructed, exclusive
of load, of 3,000 pounds or more; or (iv) any semitrailer having a
combined weight of chassis and body, if so constructed, exclusive
of load, of 3,000 pounds or more, on any street, alley or highway
in any R-1, R-2, R-3, R-4, R-5, C-1, C-2 or C-3 Zoning District within
the Township of Muhlenberg. The restrictions imposed by this section
shall not prevent the temporary stopping or standing of any of the
aforementioned vehicles for the purpose of actively loading or unloading
such vehicle for a reasonable period of time (not to exceed eight
hours) necessary for the purpose of loading or unloading.
[Added 4-19-1993 by Ord. No. 279]
A. Parking restrictions.
(1) No motorized
vehicle having a length of greater than 24 feet shall be parked on
any publicly dedicated street in the Township of Muhlenberg for a
period in excess of 24 hours. In addition, the only allowed purpose
for parking said vehicle shall be for the loading and unloading of
said vehicle.
(2) In the event
that any such motorized vehicle shall be parked on a publicly dedicated
street of Muhlenberg Township for a period of 24 hours or less for
the purposes of loading and unloading said vehicle, said vehicle must
be removed from said parked location for a period of at least 72 hours.
(3) At no time
shall any nonmotorized vehicle, trailer, travel trailer, house trailer,
slide-in camper, boat, fifth-wheel vehicle or any other similar nonmotorized
vehicle be parked on any publicly dedicated street in the Township
of Muhlenberg except for the purposes of loading and unloading said
vehicle for a period of 24 hours or less.
[Amended 9-19-2005 by Ord. No. 408]
(4) No motorized
or nonmotorized vehicle of any length shall be parked in any undedicated
alley or right-of-way which causes the obstruction of vehicular use
of said undedicated alley or right-of-way for emergency vehicles.
B. Specific zone
prohibitions. No person shall park or store on any property located
in an R-2, R-3, R-4 or R-5 Residential Zone any motorized vehicle
having a length greater than 38 feet.
C. Additional provisions.
(1) A motorized
or nonmotorized vehicle having a length of 38 feet or less may be
stored on any property, provided that said place of storage shall
not be within five feet of any side or rear lot line, and said vehicle
shall be parked on a paved driveway, paved parking lot, or other mud-free
and dust-free paved area located at least five feet from any side
or rear lot line. "Other mud-free and dust-free paved area" shall
include, but not be limited to, areas covered with crushed stone,
concrete or asphalt paving blocks. In no event shall said vehicle
be parked in the front yard, unless said area is part of the driveway
for the property.
[Amended 3-17-2008 by Ord. No. 451]
(2) No motorized
or nonmotorized vehicle shall be:
(a) Used for
purposes of habitation.
(b) Used for
the storage of goods, materials, equipment other than those items
which are part of said vehicle or trailer or boat or essential for
its immediate use.
(c) Permanently
connected to sewer lines, waterlines or any power source. A vehicle
may be temporarily connected to a power source for recharging batteries
or for another use for preparation purposes.
(3) At no time
shall any person perform any work on said vehicle or cause the engine
of the vehicle to be operated for a period of 10 consecutive minutes.
D. Violations and penalties. Any person violating the terms of Subsection
B or
C of this section shall be subject to a fine not in excess of $500 and/or imprisonment not in excess of 90 days. Any person violating the terms of Subsection
A of this section shall be guilty of a summary offense and, upon conviction thereof, shall be punishable by a fine of $75 and costs of prosecution.
[Amended 6-15-1998 by Ord. No. 325; 5-19-2008 by Ord. No. 454]
E. Civil remedies.
Nothing contained herein shall prevent the Township from enforcing,
in law or equity, any action against any person violating the terms
of this section.
[Added 4-19-2016 by Ord.
No. 558]
The parking of trucks and oversized vehicles of the types, weights and sizes described at §§
326-24 and
326-25 is prohibited at all times in the following locations in the Township:
Street Name
|
Side
|
Location
|
---|
North 13th Street
|
Both
|
50 feet north and south of, and the entire length of, the underpass
under Warren Street bypass
|
[Added 4-19-2016 by Ord.
No. 558]
The parking of any motor vehicle for the purpose of repair or
maintenance of such vehicle, with the exception of emergency repairs,
is prohibited at all times in the following locations in the Township:
Street Name
|
Side
|
Location
|
---|
North 13th Street
|
Both
|
50 feet north and south of, and the entire length of, the underpass
under Warren Street bypass
|