It shall be unlawful for any person to linger for a period of more than 10 minutes on Schuylkill Haven Borough property or Schuylkill Haven municipal parking lots and adjacent walkways within the Borough of Schuylkill Haven or in vehicles parked thereon between the hours of 9:00 p.m. and 5:00 a.m., prevailing time, for a purpose unconnected with lawful activity related to the use and purpose for which such Borough property or for which such Borough parking lots were established. In the case of Borough parking lots, the legitimate use and purpose is for the parking of vehicles thereon and the removal of vehicles from such parking lots. Appropriate signs will be erected on all such Borough property.
[HISTORY: Adopted by the Borough Council of the Borough of Schuylkill Haven 7-5-1995 by Ord. No. 947. Amendments noted where applicable.]
The provisions of § 154-1 shall not apply to any person while actually engaged in repairing a temporarily disabled vehicle for the purpose of removing it from the parking lot.
It shall be unlawful for any person to park any unlicensed vehicle or any type of trailer pulled by a vehicle, whether licensed or unlicensed, or to park any multiaxle vehicle requiring more than one parking space on any municipal parking lot or other Borough property at any time, it being the intention of the Borough to restrict parking to Borough parking lots for "licensed passenger vehicles," such vehicles defined as a motor vehicle, including motorcycles, designed for carrying no more than eight passengers, including the driver, and primarily used for the transportation of persons, which term includes motor vehicles which are designed with seats that may be readily removed and reinstalled, but does not include such vehicles if used or maintained primarily for the transportation of property; and "licensed light trucks," defined as a truck having a registered gross weight of 11,000 pounds or less, primarily used for the transportation of persons, but not if such vehicle is used or maintained primarily for the transportation of property, provided that appropriate signs be erected at such parking lots. Parking is not permitted for buses, farm trucks, heavy trucks, house trailers, medium trucks, mobile homes, motor-carrier vehicles, motor homes, recreational trailers, semitrailers, taxis, trailers, truck tractors, utility trailers, as defined by the Pennsylvania Department of Motor Vehicles, other multiaxle vehicles or classic or antique cars where the parking of such classic or antique cars is for multiple-day storage or nonuse.
The Borough Council, in its discretion, upon the receipt of a written request from a Schuylkill Haven Borough resident or taxpayer, any civic group or organization, charity organization, church, school or other such entity, may waive any provision of this chapter for any stated reason and length of time.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus court costs and reasonable attorneys' fees incurred by the Borough in the enforcement proceedings. Upon judgment against any person by summary conviction, or by proceedings by summons on default of the payment of the fine or penalty imposed and the costs, the defendant may be sentenced and committed to the county correctional facility for a period not exceeding 30 days. Each day that such violation exists shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense. In addition to or in lieu of enforcement under this section, the Borough may enforce this chapter in equity in the Court of Common Pleas of Schuylkill County.