[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.
The person appointed by Borough Council to perform the functions
and duties as provided within this chapter.
A motor vehicle parked in a residential area by a person
not a resident thereof.
All persons who occupy a group of rooms, or a single room
which constitutes a housing unit.
A house, an apartment, a group of rooms or a single room
occupied or intended for occupancy as separate living quarters.
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.
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.
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]
(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.
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.
