The following words when used in this Article V shall have the following meanings as set forth below, unless otherwise specifically set forth:
A portion of an off-street parking facility specified and
marked off sufficient to accommodate a parked vehicle.
The lots or tracts of land situate in the Borough of Kane designated in § 242-33, which are improved, paved, lighted and marked off into individual parking spaces and equipped with parking meters for use in parking of vehicles.
The standing of a vehicle on or in any of the off-street
facilities provided therefor, and whether such vehicle is occupied
or not, by an operator or otherwise, for a period in excess of one
minute.
A device which shall indicate thereon the length of time
during which a vehicle may be parked in a particular individual parking
space and which shall have as a part thereof a receptacle or chamber
for receiving and storing coins representing currency of the United
States of America, a slot or place into which said coin may be deposited,
a timing device to indicate the passage of an interval of time during
which parking is permissible, and which shall also display an appropriate
signal when the aforesaid interval of time shall have elapsed, also
brief instructions as to the operation of said parking meter, and
the schedule of parking meter rates and time of operation.
Any type of mechanical device in which persons or property
may be transported upon public streets or highways.
The off-street parking facilities which shall be subject to this Article V shall be those sites described and designated as follows:
A.
Parking facility on Fraley Street, between Haines
Street and U.S. Post Office. It shall be unlawful to exit from such
municipally operated parking lot fronting on Fraley Street from the
Fraley Street access to such parking lot, and all exiting motor vehicles,
or otherwise, shall exit from the Commons Street access.
[Amended 4-8-2002 by Ord. No. A-953]
The marking and designating of parking spaces
shall be done by the Borough of Kane or its designated agent or employees.
Any vehicle parked in any such space shall be parked wholly within
such space, and the Kane Borough Police, or person(s) directed by
them, are hereby authorized and directed to enforce this requirement.
Parking meters shall be installed in each of the off-street parking facilities immediately adjacent to each individual parking space and shall comply with the conditions and provisions as set forth in § 242-32. Such meters, after installation, shall be under the management, supervision and control of the Kane Borough Police or persons designated by them.
Any person or persons causing a vehicle to be
parked in a parking space shall deposit in the parking meter adjacent
to such space coin or coins of the United States of America according
to the time limits and rates indicated on the legend of such meter.
The Borough Council of the Borough of Kane may,
by resolution passed by the Council of the borough, from time to time
revise and change parking rates and determine the length of time that
parking is permissible in any individual parking space which is regulated
by the meter immediately adjacent thereto; and notice thereof shall
be given to the public, stating the length of time during which parking
is permitted and the conditions regulating the same, by either placing
said notice on the parking meter or in the immediate vicinity of said
parking facility.
Any person or persons who cause a vehicle to
remain in a parking space after the prescribed time, for which coins
or tokens have been deposited, has elapsed is hereby determined to
be illegally parked; and each additional hour that such person or
persons permit such vehicle to remain in an individual parking space
after the prescribed time for parking has elapsed is hereby declared
to be an additional violation.
All parking in any off-street parking facility is hereby prohibited unless a coin or coins, or tokens, as provided hereinabove, has or have been deposited in the manner regulating said parking facility, and any person or persons causing a vehicle to be parked without having complied with the terms of this Article V shall be deemed to be illegally parked. The fact that a vehicle is in an individual parking space when the time signal on the parking meter regulating said parking space shows that no parking is permitted, or that the time has expired, shall be deemed prima facie evidence of the unlawful parking of said vehicle by its operator and/or owner. The elapse of one hour from the time reported on the notice to the owner or operator of a motor vehicle shall be deemed prima facie evidence of additional violations of the parking of said motor vehicle by the operator or owner.
It shall be unlawful and a violation of the provisions of this Article V for any person to cause, allow, permit or suffer any vehicle registered in the name of, in possession of, or operated by such person to be parked overtime or beyond the period of legal parking time established for any individual parking space on or in any of the off-street parking facilities subject to this article. It shall likewise be unlawful and a violation of the provisions of this article for any person to permit a vehicle owned, possessed or operated by such person to remain in any parking space adjacent to any parking meter while such parking meter is displaying a signal indicating that the vehicle occupying the parking space has already been parked beyond the period of time prescribed for such parking space. It shall likewise be unlawful and a violation of the provisions of this article for any person to permit a vehicle owned, possessed or operated by such person to park in any individual parking space other than by causing the vehicle to be parked with the front of the vehicle toward the parking meter applicable to that space.
It shall be unlawful and a violation of the provisions of this Article V for any person to deface, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter or parking meter stand installed under the provisions of this article on or in any off-street parking facility.
A.
It shall be the duty of the police officers of the
Borough of Kane, in accordance with instructions given to them by
the Borough Council, to report the number of parking meter violations,
reporting in each case:
(1)
The parking meter at which the vehicle was parked in violation of the provisions of this Article V;
(2)
The state license number of the illegally parked vehicle;
(3)
The time or times during which the vehicle was illegally
parked; and
(4)
Any other facts deemed necessary regarding the violation.
B.
There shall be attached to each vehicle standing in
an individual parking space in violation of this article a notice
to the owner or driver thereof that such vehicle has been parked in
violation of a provision of this article.
[Amended 1-5-1987 by Ord. No. A-851; 12-8-2004 by Ord. No. A-968; 3-8-2023 by Ord. No. A-1066]
Any person, firm, corporation or owner of any vehicle parked in violation of any provision of this Article V shall be issued a ticket or citation assessing a fine in accordance with the following schedule:
A.
For each
separate parking violation, violations 1 through 5 for the same vehicle:
$15.
B.
For each
separate parking violation, violations 6 and above for the same vehicle:
$25.
C.
For each
violation paid within 72 hours from the time the ticket or citation
is issued, a $5 discount is applied.
D.
If not
paid within 14 days, the Borough shall issue a citation with the District
Justice, where the offender will be fined no less than $50 and no
more than $600 per occurrence.
These regulations in Article V supplement the other parking and traffic regulations of the Borough of Kane. Any authority heretofore or hereafter exercised in the Borough under any ordinance, rule or regulation restricting or prohibiting parking, independent of time limit, shall in no manner be affected by these regulations or any of the provisions hereof.
