[Adopted 9-9-2021 by Ord. No. 2021-05]
The Borough of Jim Thorpe finds that certain residential areas
in the Borough are subjected to parking by nonresidents on certain
streets in the Borough of Jim Thorpe. The Borough Council further
deems that it is in the best interest of the residents of the Borough
to provide for the establishment of a residential parking program
to assure primary access to available parking spaces by neighborhood
residents.
As used in this article, the following terms shall have the
meanings indicated:
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 resident shall also include an adult individual
who permanently resides within a residential area and maintains a
voting residence, or bona fide occupancy, or both, at that address.
Residential permit parking areas are hereby designated on: 1)
West Broadway in the Borough of Jim Thorpe, from 5 West Broadway to
415 West Broadway inclusive, and 2) all of High Street.
Parking in designated residential permit parking areas shall
be in accordance with the following:
A.
Vehicles with a residential parking permit may park at any time in
a designated residential permit parking area.
B.
Vehicles without a parking permit may not park in the designated
residential permit parking area at any time. Any vehicle without a
permit shall be subject to a citation or ticket, and an additional
citation(s) or ticket(s) if the vehicle remains parked illegally for
each eight hours after the first ticket is issued.
C.
Signs shall be erected along this street in the designated residential
permit parking area indicating the area as a permit parking area.
[Amended 9-14-2023 by Ord. No. 2023-03]
A.
The person desiring a permit shall submit
an application to the Borough Manager or his/her designee. This person
must be an owner of or authorized by the owner of a motor vehicle
as the driver and must reside on one of the following streets: A)
Broadway, B) West Broadway, C) High Street, D) Race Street, E) Hill
Road, F) Quarry Street. A separate application shall be required for
each residential unit within the parking permit district, and each
application shall be accompanied by a permit fee, in an amount as
established by resolution of the Borough Council, to be applied to
the cost of administering the Residential Permit Parking Program.
B.
Each resident, as defined by this article,
who owns or leases a registered vehicle shall be entitled to a parking
permit for that vehicle. A resident shall not be entitled to a separate
permit for each car that individual resident may own. Each application
must contain the following information:
(1)
The name of the resident.
(2)
The address of the resident.
(3)
The driver number as taken from the resident/applicant's
current driver's license.
(4)
Proof of residency which may include a
current driver's license, current state issued identification, or
current lease.
(5)
Proof of authorization (if applicable).
Upon receipt of the application and the permit fee, and determination
by the Borough Manager or his/her designee that the information upon
the application shows that the applicant is entitled to one residential
parking permit, the Borough Manager or his/her designee shall issue
to the applicant the residential parking permit, which shall be valid
for the remainder of the calendar year. The permit shall display the
residential parking number and the expiration date. The permit shall
be renewable each year before the end of the calendar year and upon
making application for renewal and payment of the permit fee. It shall
be unlawful and a violation of this section for any person to display
other than the current and valid permit while standing or parking
in a residential permit parking area at any time when those permits
are to be displayed.
A.
Notwithstanding any provision of this article to the contrary, the
holder of a residential parking permit shall be permitted to stand
or park a motor vehicle operated by him in any designated residential
parking area during those times when parking of motor vehicles is
permitted in that area. While a vehicle for which a residential parking
permit has been issued is so parked, that permit shall be displayed
on the rear windshield (left driver's side) of any vehicle, or on
the right front fork of a motorized two-wheel or three-wheel vehicle.
A residential parking permit shall not guarantee or reserve to the
holder a parking space within a designated residential permit parking
area.
B.
A residential parking permit shall not authorize its holder to stand
or park a motor vehicle in any place where or at any time when stopping,
standing, or parking of motor vehicles is prohibited or set aside
for other specified types of vehicles, nor shall the permit exempt
its holder from the observance of any traffic or parking regulation
other than a residential permit parking regulation or restriction.
C.
No person other than the permit holder whose name appears on the
permit shall use a residential parking permit or display it on a vehicle
operated; any such use or display by a person other than the permit
holder shall constitute a violation of this section by the permit
holder and by the person who so used or displayed the parking permit.
D.
It shall constitute a violation of this article for any person i)
to falsely represent himself as eligible for a residential parking
permit, or ii) to furnish false information in an application to the
Borough Manager in order to obtain a residential parking permit, or
iii) to sell or lease a parking permit.
The Borough Manager or his/her designee shall have authority
to revoke the residential parking permit of any permit holder found
to be in violation of any provision of this article. Upon written
notification to him of the revocation, the permit holder shall surrender
the permit to the Borough Manager or his/her designee. Failure to
do so, when so requested, shall constitute a violation of this article;
provided that any person receiving such a notice may, within 10 days
after the date of the notice, appeal to the Borough Council of the
Borough of Jim Thorpe for a hearing on the revocation, and the decision
of Borough Council shall be final.
The Borough Manager and/or his/her designee shall have the authority
to issue temporary parking permits to persons who are visiting residents
within the designated residential parking areas. Such parking permits
shall be valid for no more than 24 hours from time of issuance. Application
for such a guest permit shall be made prior to the guest parking in
the residential permit parking areas.
[Amended 9-14-2023 by Ord. No. 2023-03]
A.
If an owner of a real property in the residential
parking area designated above does not reside at the real property
and does not lease or rent the real property to others, then said
real property owners shall be eligible to apply for a parking permit
provided the real property is used for residential purposes, not commercial
purposes. Such person may make application for a permit on forms provided
by the Borough. Each such application shall contain the following
information:
(1)
Name of the applicant.
(2)
Address of the applicant.
(3)
The address of the property owned by the
applicant within the residential parking district and certification
by the applicant on a form affidavit supplied by the Borough that
the property is not used for commercial purposes.
(4)
The driver license number as taken from
the applicant's current driver's license.
(5)
Proof of ownership of the real property
which may include a real estate tax bill or a copy of the deed.
B.
A person who applies for and receives an
owner's parking permit under this section must comply with all other
sections of this article as a permit holder.
Nothing in this article shall entitle a person to park in violation
of any other state law or Borough ordinance.
A.
It shall be the duty of the police officers and of parking enforcement
personnel of the Borough of Jim Thorpe to report the date and hour
of the violation, the license number of the vehicle, and any other
factors, the knowledge of which is necessary for thorough understanding
of the circumstances attending the violation.
B.
The police officer or other person making the report shall also place
on or attach to the vehicle a notice to the owner or driver of the
vehicle that the vehicle is parked in violation of this article, instructing
the owner or driver that he shall pay, for the use of the Borough:
the sum of $50 within 48 hours after the time of the notice, the sum
of $60 when such payment is made more than 48 hours, but not more
than five days after the time of the notice, or the sum of $75 when
such payment is made more than five days, but less than 10 days after
the time of the notice enclosed with the envelope provided, at the
Borough Police Department or any of the special parking fine boxes
located within the Borough within the time limit. Payment will save
the violator from prosecution and payment of the fee prescribed below.
C.
Any person who violates this article and who fails to pay the fine
set forth in this article above shall be cited after 10 days but within
30 days of the violation and upon conviction be sentenced to pay a
fine of not more than $150 plus costs.
