Borough of Plymouth, PA
Luzerne County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the Borough Council of the Borough of Plymouth 5-1-1994 by Ord. No. 1-1994. Amendments noted where applicable.]
Plymouth Borough Council, as hereinafter provided, shall have the authority to designate streets within the Borough of Plymouth on which the parking of vehicles may be restricted for specific days and hours, in whole or in part, to vehicles bearing a valid parking permit, as issued pursuant to this chapter.
For the purpose of this chapter, the following terms shall have the following meaning designated for each.
ADMINISTRATOR
The person appointed by Borough Council to perform the functions and duties as provided within this chapter.
COMMUTER VEHICLE
A motor vehicle parked in a residential area by a person not a resident thereof.
HOUSEHOLD
All persons who occupy a group of rooms, or a single room which constitutes a housing unit.
HOUSING UNIT
A house, an apartment, a group of rooms or a single room occupied or intended for occupancy as separate living quarters.
PROPRIETOR
A person who owns or leases real property within a residential area, of which he is not a resident, but owns or manages a legally established business enterprise or professional office maintained at that address. For purposes of this chapter, a proprietor shall be entitled to one residential parking permit for said business or professional office address.
RESIDENT
A person who owns or leases real property within a residential area and who maintains either a voting residence or bona fide occupancy or both at that address.
RESIDENTIAL PARKING AREA
A contiguous or nearly contiguous area containing public highways and streets or parts thereof primarily abutted by residential property or residential and nonbusiness property (such as schools, parks, churches, hospitals and nursing homes).
A residential area shall be deemed impacted by commuter vehicles and thereby eligible for consideration of a residential permit parking based upon the following criteria:
A. 
For each street and/or block, a petition and/or survey shall be distributed and signed by not less than 90% of the households residing therein. Of the 90% of the households signing said petition and/or survey, 85% must be in favor of permit parking program. Only one person per household shall sign the petition and/or survey; and
B. 
During any period between the hours of 7:00 a.m. through 7:00 p.m., the number of vehicles parked or standing, legally or illegally, on a street in the area is equal to 70% or more of the legal on-street parking capacity of the street. For purposes of this criterion, a legal parking space shall be equal to 22 linear feet.
The Administrator shall be responsible for compilation and review of the information as required in § 167-3. The Administrator shall provide his findings to Borough Council in written form. No street or part thereof shall be designated for residential permit parking if said street is not found to be impacted.
A. 
Borough Council shall establish by ordinance any street or part thereof which is designated for residential permit parking, including the specific days and hours in which the parking is restricted to vehicles bearing a valid parking permit.
B. 
Parking permit streets.
[Added 10-11-1994 by Ord. No. 3-1994]
(1) 
The following streets will immediately upon final passage of this chapter require a parking permit:
(a) 
Center Avenue (from Main Street to Shawnee Avenue);
(b) 
Gaylord Avenue (from Main Street to Shawnee Avenue);
(c) 
Girard Avenue (from Main Street to Shawnee Avenue);
(d) 
Wadhams Street (from Main Street to Girard Avenue);
(e) 
Downing Street (from Main Street to Shawnee Avenue);
(f) 
Academy Street (from Main Street to Shawnee Avenue);
(g) 
Ashley Street (from Academy Street to Downing Street);
(h) 
Shawnee Avenue (from Center Avenue to Orchard Street);
(i) 
Rowe Lane.
(j) 
Gardner street.
[Added 11-9-1999 by Ord. No. 10-1999]
(2) 
Permits will be issued to all persons residing in the areas designated in Subsection A.
(3) 
Permits will be required on these streets, from 6:00 a.m. to 4:00 p.m., Monday through Friday, exclusive of weekends and holidays.
(4) 
All ordinances or parts of ordinances of the Borough of Plymouth in conflict with this chapter, to the extent of such conflict, and no further, are hereby repealed.
Borough Council may establish by motion, a temporary designation of any streets within the Borough for permit parking, said temporary designation for a period not to exceed 90 days. At the end of said ninety-day period, or upon any earlier time as determined by a motion of the Borough Council, Council must either by ordinance designate such street as a permit parking street, or said temporary designation shall be null and void and permits will no longer be required on said street.
Appropriate signs shall be erected by the Borough upon all streets which are designated for residential permit parking. All such signs shall give proper notice as required by appropriate statutes and regulations of the commonwealth, and shall be erected according to applicable procedures.
Following Borough Council's designation of a residential permit parking for a public highway or street, the Administrator shall have the authority to issue parking permits to eligible persons.
The Administrator shall issue the following types of residential parking permits to eligible persons in accordance with this chapter.
A. 
Residential parking permit. This type of permit shall be issued to only an owner or operator of a motor vehicle who resides on, or is a proprietor of property located upon a public highway or street designated for residential permit parking.
B. 
Visitor parking. This type of permit shall be issued only to persons residing upon a public highway or street designated for residential permit parking. Each household upon said public highway or street shall be eligible to receive two visitor permits.
In order to defray the cost of residential permit parking, the Administrator shall collect the following fees, with said fees payable at the issuance of permits:
Residential parking permit:
FREE
Visitor permit:
FREE
A. 
Residential parking permit. The application for a residential parking permit shall contain the name of the owner or operator of a motor vehicle, the resident's or proprietor's address, the motor vehicle's make, model and the number of the applicant's operator permit. A separate permit shall be required for each vehicle.
B. 
Visitor permit. The same information as listed in Subsection A shall be required for applications for a visitor's permit. Any additional visitors' permits shall be issued at the discretion of the Chief of Police.
C. 
A residential parking permit shall be issued upon application and payment of the applicable fee, only to the owner or operator who resides on or is a proprietor of property within a residential permit parking area.
D. 
A sample application is attached hereto as Exhibit A.[1]
[1]
Editor's Note: Exhibit A is on file in the Borough offices.
A. 
Notwithstanding any provision of this chapter to the contrary, the holder of a residential parking permit shall be permitted to stand or park a motor vehicle operated by said holder in any designated residential permit parking area during times as the parking of motor vehicles therein is permitted.
B. 
A residential parking permit shall not authorize the holder thereof to stand or park a motor vehicle in such places or during such times as the stopping, standing or parking of motor vehicles is prohibited or set aside to specified types of vehicles, nor exempt the holder from the observance of any traffic regulation other than the residential permit parking restriction.
C. 
No person, other than the person to whom a residential parking permit was issued, shall use or display such on a vehicle. The use or display of a residential parking permit by any other person shall constitute a violation of this chapter.
D. 
It shall constitute a violation of this chapter for any person to falsely represent himself/herself as eligible for a residential parking permit or to furnish false information in an application to the Administrator in order to obtain a residential parking permit.
E. 
It shall be a violation of this chapter for any person to copy, reproduce, or resell a permit.
The Administrator shall be authorized to revoke the residential parking permit and/or visitor permits of any permittee found to be in violation of this chapter and, upon written notification thereof, the permittee shall surrender such permits to the Administrator. Failure, when requested to surrender permits so revoked shall constitute a violation of this chapter.
Any person in violation of the applicable parking regulations on a duly established residential permit parking street, or any other violation of this chapter as designated herein, shall pay a fine to the Borough of Plymouth in the amount of $25. Any law enforcement officer of the Borough of Plymouth shall notify such person of the unlawful parking charge by placing a written notice or ticket under the windshield wiper, or in some conspicuous place on such vehicle, indicating the time of the violation, the amount of the unlawful parking charge, and that such charge shall be paid to the Borough of Plymouth, and the place where such charge shall be paid. The unlawful parking charge shall be paid not later than 10 days after the date of the violation. Any other violation of this chapter shall require notice by mail to said individual.
A. 
Any law enforcement officer of the Borough of Plymouth shall issue a first-time warning notice on any vehicle for a parking violation. Violators will be given a single warning notice on their vehicle. A record will be kept of each warning notice. The following will be contained in above-referenced record:
Pennsylvania Registration #
Make of Vehicle
Location of Warning Given
Date of Warning
Officer's Badge # Issuing Warning
B. 
This record will remain on file in the office of the Borough Coordinator and the squad room of the Police Department.
The provisions of this regulation are severable and if any provision, clause, sentence, subsection, word or part thereof is held illegal, invalid, or unconstitutional, or inapplicable to any person or circumstances, such illegality, invalidity or unconstitutionality, or inapplicability shall not affect or impair any of the remaining provisions, clauses, sentences, subsections, words, or parts of the regulation or their application to other persons or circumstances. It is hereby declared to be the legislative intent that this regulation would have been adopted if such illegal, invalid or unconstitutional provision, clause, sentence, subsection, word or part had not been included therein, and if such person or circumstances, to which the regulation or part thereof is held inapplicable, had been specifically exempted therefrom.