[Ord. No. 1239, 3/20/2023]
1.
Interpretation.
A.
Words and phrases, when used in this Part, shall have the meanings
ascribed to them in the Pennsylvania Vehicle Code (75 Pa.C.S.A. § 101
et seq.), as amended, except that in this Part, the word "street"
may be used interchangeably with the word "highway," and shall have
the same meaning as the word "highway" as defined in the Vehicle Code.
B.
In this Part, the singular shall include the plural, the plural shall
include the singular, and the masculine shall include the feminine.
C.
The provisions of this Part, so far as they are the same as those
of ordinances and regulations in force immediately before the enactment
of this Part, are intended as a continuation of those earlier ordinances
and regulations, and not as new enactments. Nothing in this Part shall
affect any act done or liability incurred, or any suit or prosecution
pending or to be instituted under any of those repealed or superseded
ordinances or regulations.
2.
KIOSK
PARKING KIOSK ZONE
Definitions. As used in this Part, the following terms shall have
the meanings indicated:
The term "kiosk" may be used interchangeably with "multi-space
parking meter" in this Part.
That zone as designated in § 15-502.
[Ord. No. 1239, 3/20/2023]
Parking kiosk zones are established upon and along certain streets,
and in parking lots in the Borough of Emmaus, as follows:
|
Location
|
Maximum Parking Time
(hours)
|
|---|---|
|
Parking lot located at 311 Main Street
|
Unlimited
|
[Ord. No. 1239, 3/20/2023]
1.
Parking kiosks shall be operated by the deposit of currency, credit card or other approved manners of payment as set forth in § 15-508 below, and the parking rates for specified lengths of time as well as the maximum parking times, prescribed in § 15-502, shall apply at all times between the hours set forth in § 15-502, seven days a week, in the parking kiosk zones listed in § 15-502.
2.
The Emmaus Borough Council, at its discretion, may provide, at convenient
and suitable locations in any one or more of the parking spaces, special
purpose timed parking and shall designate these spaces by appropriate
signs providing notice of the parking rate of said space, with the
maximum time limit. It shall be unlawful, and a violation of this
Part, for any person to park for more than the specified time limit
in a parking space designated by Emmaus Borough Council as a special
purpose parking space.
[Ord. No. 1239, 3/20/2023]
1.
Multi-space parking meters/kiosks will be installed in several locations of the parking kiosk zones established by this Part, and such kiosks shall be placed at such key points in the parking district with clear signage to indicate their locations. The parking kiosk zones as designated in § 15-502 shall be designated by signage placed by the Borough.
2.
Except as provided in Subsection 3 below, each kiosk shall issue a temporary parking permit which may be used in any specific or unrestricted parking space in the kiosk parking area, as applicable, and will indicate by proper legend the parking rate and hours established by this Part. The kiosk meter shall be activated upon payment by the insertion of United States currency, debit card or credit card. Kiosks shall be managed by "Pay by Plate," "Pay and Display," or "Pay by Space."
A.
If the kiosk method is "Pay by Plate," the driver shall enter their
license plate number as an identifier into the kiosk when paying.
Upon completion of the transaction, the payee shall be issued a receipt
for proof of purchase and time expiration reminder.
B.
If the kiosk method is "Pay and Display," the kiosk shall dispense
a temporary parking receipt for the date indicating the amount of
time requested and paid for. The parking receipt is the temporary
parking permit. The parking permit/receipt shall be prominently displayed
by the vehicle operator on the passenger's side dashboard and/or
the lower right corner of the passenger's side windshield of
the parked vehicle in a secure manner so that the expiration time
of the parking period as shown on the receipt is clearly visible to
the parking enforcement officer. Failure to display the parking permit/receipt
in this manner shall constitute a separate violation of this chapter.
C.
If the kiosk method is "Pay by Space," the driver shall park in a
numbered space, and then pay at the pay station/kiosk using the parking
space number. The kiosk shall dispense a temporary parking receipt
for the date indicating the amount of time requested and paid for.
The parking receipt is the temporary parking permit. The parking permit/receipt
shall be prominently displayed by the vehicle operator on the passenger's
side dashboard and/or the lower right corner of the passenger's
side windshield of the parked vehicle in a secure manner so that the
expiration time of the parking period as shown on the receipt is clearly
visible to the parking enforcement officer. Failure to display the
parking permit/receipt in this manner shall constitute a separate
violation of this chapter.
3.
It shall not be necessary to display a parking permit/receipt on
the vehicle dashboard showing the duration of the legally purchased
parking time or the expiration of that period where a special placard
has been issued by the Borough Police Department. The placard shall
be displayed in the windshield on the passenger side.
4.
Upon the expiration of time of the parking period allowed for on
the parking permit/receipt, the vehicle shall be parked in violation
of this chapter and may be ticketed per the terms of this chapter.
5.
Each hour after the date of the initial violation that the vehicle
improperly displays the parking permit/receipt or remains in the space
after the parking time has expired will be considered a separate violation
of this chapter.
[Ord. No. 1239, 3/20/2023]
Lines and/or markings shall be painted or placed upon the parking
lot, curb, sidewalk or roadway adjacent to each parking space for
the purpose of delineating the parking space for which the kiosk shall
be used. Every vehicle parked at any parking space shall be parked
wholly within the lines or markings so placed and applicable to that
space. It shall be unlawful and a violation of this Part for any person
to park a vehicle across any such line or marking, or to park a vehicle
in such a position that the vehicle is not wholly within the area
designated by those lines or markings.
[Ord. No. 1239, 3/20/2023]
1.
The Borough reserves the right to allow users to utilize an online
parking application for parking areas regulated in the parking kiosk
zone.
A.
In the instance where a Borough-authorized online parking application
is utilized, the payee shall be authorized to utilize the online application
to reserve and pay for parking within the kiosk parking zone.
B.
Individuals utilizing an online application to reserve and pay for
parking within the kiosk parking zone shall be responsible for the
proper transaction and paying for additional reserved time to be in
accordance with kiosk parking zone regulations. If the individual
allows their reserved time to expire, they shall be in violation of
this Part. Upon the expiration of time of the parking period allowed
for on the parking permit/receipt, the vehicle shall be parked in
violation of this chapter and may be ticketed per the terms of this
chapter. Each hour after the date of the initial violation that the
vehicle improperly displays the parking permit/receipt or remains
in the space after the parking time has expired will be considered
a separate violation of this chapter.
[Ord. No. 1239, 3/20/2023]
1.
The Borough may issue long-term permitted parking in parking kiosk
zones in monthly increments.
A.
Long-term parking permits shall be obtained for one month at a time,
with the first valid day of the permit being the first day of the
month, and the last valid day of the permit expiring the last day
of the month.
(1)
Permits shall not be pro-rated for partial months. Any permit
obtained after the first day of the month shall be backdated to the
beginning of the month and shall expire at the end of the month, with
all charges and regulations in accordance for the entire month.
B.
Long-term permitted parking shall be restricted hourly increments
per day in parking kiosk zones in accordance with the below provisions.
C.
Permittees shall receive placards from the Emmaus Police Department
specifying the dates and authorized time periods for use.
D.
Permittees shall prominently display the placard on the rearview
mirror of the permitted vehicle.
(1)
Failure to prominently display the placard on the rearview mirror
of the permitted vehicle shall constitute a violation of this chapter
and shall result in penalties consistent with this chapter.
E.
Permits are nontransferable and shall be authorized for specific
vehicles. Transfer of permits shall result in a violation of this
chapter and the revocation of the permit. At the discretion of Emmaus
Borough Council, a violation for transfer of permit may result in
the refusal to issue future long-term permits.
[Ord. No. 1239, 3/20/2023]
1.
Whenever a vehicle is to be parked in the parking kiosk zone during any times designated in § 15-502, the driver of the vehicle, upon entering the parking space, shall immediately deposit such currency or other form of payment in a parking kiosk to obtain a temporary parking permit to be displayed in his vehicle as set forth in this Part.
2.
The following methods are the approved means of payment for use of
any parking space in a parking kiosk zone:
A.
Deposit of coins and/or bills (United States currency) where applicable
in the kiosk.
B.
Insertion of a valid debit card or credit card in the kiosk.
C.
By purchasing parking time by using a telecommunication device (i.e.,
phone, computer, mobile device, etc.) through a software application
administered by a third-party vendor approved by the Borough.
[Ord. No. 1239, 3/20/2023]
It shall be unlawful for any person to deposit in any parking
kiosk installed under the provisions of this Part any slug or other
substitute for a coin of the United States of America.
[Ord. No. 1239, 3/20/2023]
1.
Whenever a vehicle is to be parked in any parking space in the parking kiosk zone, the operator or driver of the vehicle, upon entering the parking space, shall immediately purchase a desired duration of parking time in a manner approved under § 15-508 of this chapter.
2.
Upon making the required payment for legal parking time through a method authorized in § 15-508 of this chapter, the parking space may be lawfully occupied by the vehicle for the time indicated on the temporary parking permit.
3.
During the parking kiosk hours of operation, if any vehicle remains
in any parking space for such length of time that the face of the
parking permit/receipt dispensed by the kiosk indicates by proper
signal that the lawful parking time has expired, that vehicle shall
be considered as having been parked overtime, and the parking of a
vehicle overtime shall be a violation of this chapter. Each hour that
the vehicle remains in this space after the parking time is expired
shall be considered a separate violation of this chapter.
[Ord. No. 1239, 3/20/2023]
It shall be unlawful, and a violation of this chapter, for any
person to deface, tamper with, open or willfully break, destroy or
impair the usefulness of the parking meter kiosk installed under the
provisions of this chapter. Nothing in this section shall apply to
the servicing or opening of the kiosk by officers, employees or police
officers of the Borough under the direction of the Chief of Police.
[Ord. No. 1239, 3/20/2023]
1.
During the hours of parking kiosk operation, it shall be unlawful
and a violation of this Part for any person to permit a vehicle to
remain in a parking space when either the parking permit/receipt issued
by the kiosk indicates that the lawful time is expired and/or, where
applicable, the parking time purchased for use of such space through
the payment software application has expired.
2.
Unless authorized under a separate section of this Part, it shall
be unlawful, and a violation of this Part, for any person to permit
a vehicle to be in a parking space in the parking kiosk zone without
a temporary parking permit placed on the dashboard as indicated above.
[Ord. No. 1239, 3/20/2023]
1.
It is the duty of the police officers and parking enforcement personnel
of the Borough acting in accordance with the directions of the Chief
of Police 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 a thorough understanding of the circumstances attending
the violation.
2.
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 was parked in violation of this Part, instructing
the owner or driver that he shall pay, for the use of the Borough:
[Ord. No. 1239, 3/20/2023]
1.
Any person who violates any provision of this Part shall, upon conviction,
be sentenced to pay a fine of not less than $20 and costs.
2.
It shall be the duty of the police officers and of parking enforcement
personnel of the Borough to report to the appropriate official all
violations of any provision of this Part, indicating, in each case:
the section violated; the license number of the vehicle involved in
the violation; the location where the violation took place; and any
other facts that might be necessary in order to secure a clear understanding
of the circumstances attending the violation. The police officer or
other person making the report shall also attach to or place upon
every such vehicle a notice stating that the vehicle was parked in
violation of this Part. The notice shall contain instructions to the
owner or driver of the vehicle that, if he will report to the office
of the Chief of Police and pay the sum of not less than associated
parking fine for violations paid within 10 days, that act will save
the violator from prosecution and from payment of the fine and costs
prescribed in the first sentence of this section.
3.
Any person who commits any violation not otherwise herein stated,
but similar to and including violations of the parking provisions
above and of the Commonwealth of Pennsylvania Motor Vehicle Code,
Title 75 Pa.C.S.A., Vehicles, shall be subject to a fine of not less
than $15. This shall include but not be limited to parking on private
property, parking too far from the curb, parking on the wrong side,
blocking a driveway, and parking in a crosswalk. Violations for parking
in a fire lane or too close to a fire hydrant shall result in a fine
of not less than $25.
4.
Any person who violates any provision of this Part and who fails
to pay the fine set forth in this section shall be cited after the
10th day following the violation and, upon conviction, be sentenced
to pay a fine of not less than $25 and not more than $300 and costs.
[Ord. No. 1239, 3/20/2023]
1.
By resolution, Council may temporarily suspend the provisions of
this Part.
2.
The Borough of Emmaus shall have the authority to establish no-parking
or special-purpose parking zones within any parking kiosk zone and
to remove parking spaces from those areas as previously designated,
and the provisions of this Part shall not apply in those areas where
no parking or special-purpose parking is in effect.
