[Adopted 4-16-2019 by Ord. No. 934]
This article shall be known as the "New Bethlehem Borough Traffic
and Parking Enforcement Ordinance."
The Police Department is hereby authorized to exercise all powers
granted to "local authorities" under the Vehicle Code, 75 Pa.C.S.A.
101 et seq., which includes authorization to monitor, control and
enforce traffic regulations, including, without limitation, regulations
regarding parking for persons with a disability, and established speed
restrictions and limits on streets, alleys and highways. Officers
are hereby authorized to direct traffic on the highways of the Borough
and at intersections thereof and to otherwise enforce the provisions
of this article.
The authority granted to the Police Department herein includes
the authority to use all speed-timing devices for the determination
of speed of motor vehicles as are now, or as may be hereafter authorized
and approved by the Department of Transportation or the Commonwealth
of Pennsylvania in accordance with 75 Pa.C.S.A. § 3368.
This section authorizes the use of said devices upon all highways
within the Borough be they Borough, county or state highways or streets.
The Police Department is hereby authorized to enforce the Pennsylvania
Motor Vehicle Code provisions relating to driving under the influence
of alcohol or controlled substances by utilizing any electrical, mechanical,
kinetic, chemical or other device approved by the Pennsylvania Department
of Health or as may hereafter be authorized by law.
The Borough, at its discretion, may provide, at convenient and
suitable locations in any one or more of the metered or unmetered
parking lots or streets, reserved parking spaces for the handicapped,
and shall designate those spaces by appropriate signs. It shall be
unlawful, and a violation of this article, for any person to park
in any such reserved parking space any vehicle unless that vehicle
bears or displays either a handicapped registration plate, a handicapped
parking placard, a disabled veteran registration plate or a disabled
veteran placard.
A.
The Police Department is hereby authorized to remove and impound
those vehicles which are parked in a tow-away zone and in violation
of parking regulations of this article or the commonwealth. Vehicles
which have been abandoned (as defined by the Vehicle Code) or which
are parked in such a manner as to interfere with traffic, block access
to a business or residence, remain parked for more than 14 consecutive
days in front of a residence not that of the owner or authorized driver,
or pose a hazard to others, may be towed under the provisions of the
Pennsylvania Vehicle Code.
B.
All highways, streets, alleys and parking lots within the Borough
are hereby designated as a tow-away zone. Signs shall be posted to
place the public on notice that their vehicles may be towed for violation
of Borough parking regulations.
C.
Any person who shall violate any provision of this section shall,
upon conviction thereof, be sentenced to pay a fine as set forth in
75 Pa.C.S.A. § 7312, together with all costs of disposing
of the vehicle under provisions of the Vehicle Code, 75 Pa.C.S.A.
§ 7301 et seq., as hereafter amended, supplemented, modified
or reenacted by the General Assembly of Pennsylvania.
A.
Metered lot. The only metered lot in the Borough shall be located
on Anderson Way between Broad Street and Hunter Way. Provided that
the parking meters in the lot are in operation, the parking lots shall
be open for parking and time limits shall be in force on Monday through
Saturday between 9:00 a.m. and 6:00 p.m. On Sundays and legal holidays
no parking time limit shall apply and the placing of coins in meters
shall not be required. Upon entering the parking space, the driver
shall immediately deposit, or cause to be deposited, in the proper
parking meter, one or more proper coins of the United States of America
as specified in the legend on the parking meter. Upon deposit of the
coin(s), and placing the meter in operation, the parking space may
be lawfully occupied by the vehicle for the time indicated on the
meter. If any vehicle remains in any such parking space for such length
of time that the meter indicates that the lawful parking time has
expired, that vehicle shall be considered as being parked overtime
and in violation of this section. Every hour that a vehicle remains
parked at a meter showing a violation shall constitute a separate
violation.
B.
Ticketing.
(1)
A
police officer or other authorized person shall make a report of violation
by placing on or attaching to the vehicle a notice to the owner or
driver of the vehicle that the vehicle was parked in violation of
this section. The fine assessed for a violation of this section shall
be $25 which shall increase to $50 if not paid within 14 days or as
otherwise determined by Borough resolution. Any person who violates
any provision of this article and who fails to pay the fine set forth
in this section shall be cited after 15 days of the violation and,
upon conviction, be sentenced to pay a fine of not more than $50,
plus costs.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(2)
Attorney's
fees and costs. New Bethlehem Borough may assess court costs, including
filing, postage and service fees, and reasonable attorneys' fees incurred
by the Borough in any proceedings to enforce any ordinance pursuant
to 8 Pa.C.S.A. § 3321.
[Added 6-15-2021 by Ord.
No. 941]
(3)
Failure
to correct a violation or a repeated violation identified in a notice
shall not require an additional notice of violation applying to the
same person, property or premises within the same calendar year or
within 150 days of the first notice, whichever is longer.
[Added 6-15-2021 by Ord.
No. 941]
C.
Unmetered lot. It shall be unlawful for any person to park a vehicle
or to allow a vehicle to remain parked in any unmetered public parking
lot for longer than a consecutive 24 hours except during snow emergencies
or by permit, or at any time when the lot is not in operation and
is closed to public use.
D.
Types of vehicles. The metered and unmetered parking lots shall be
for the use of passenger cars, vans, motorcycles and pickup trucks
only, and it shall be unlawful for any person to park any other kind
or class of vehicle in any such lot.
E.
Manner of parking. Every vehicle parked in a metered or unmetered
parking lot or on a street shall be parked wholly within the lines
bounding or marking the individual parking space.
This article shall become effective upon enactment and replaces and supersedes Chapter 475, Vehicles and Traffic, of the Code of the Borough of New Bethlehem, and any amendments thereto, to the extent of any inconsistency with that chapter. Other provisions of Chapter 475, as amended, shall remain in effect.
