[Amended 9-25-2019 by Ord. No. 7-2019]
A. 
It shall be the duty of the Police Department to enforce the provisions of the Commonwealth Vehicle Code and this chapter.
B. 
Police officers are hereby authorized to direct all traffic either in person or by means of visible or audible signal in conformance with the provisions of the Commonwealth Vehicle Code and this chapter.
C. 
In the event of a fire or other emergency or to expedite traffic or safeguard pedestrians, officers of the Police or Fire Department may direct traffic, as conditions may require.
D. 
The Chester Parking Authority (the "Parking Authority") shall have concurrent authority with the Police Department, and the Parking Authority may appoint third parties to act on its behalf, to civilly enforce violations of the parking provisions provided for in this chapter, including those provisions set forth by regulation.
The Mayor or Chief of Police, or in their absence any of the inspectors or captains of police, may place traffic officers where and when it is necessary to protect and safe-guard public travel.
[Amended 4-21-1976 by Ord. No. 9-1976]
A. 
Duty to report accidents. Pursuant to Section 1217(b) of the 1959 Commonwealth Vehicle Code, the operator of a vehicle involved in an accident resulting in bodily injury or death to any person or damage to the property of anyone person in excess of $200, shall, within 24 hours after such accident forward a written report of such accident to the City Police Department, which report may be a copy of the accident report required to be filed with the Commonwealth Department of Transportation.
B. 
Supplemental and witness reports. The Police Department may require any operator of a vehicle involved in such an accident to file supplemental reports whenever the original report is insufficient in the opinion of the Department, and may require witnesses of accidents to render reports to the Department.
C. 
Occupant reporting for injured operator. Whenever the operator of a vehicle is physically incapable of making a required accident report and there is another occupant in the vehicle at the time of the accident who is capable of making a report, such occupant shall make or cause such report to be made.
[Amended 4-21-1976 by Ord. No. 9-1976]
The corporation boundary limits of the City of Chester are hereby established as a zone in which motor vehicles, tractors, trailers and semi-trailers may remain standing without lights, and all highways within such boundary limits are hereby designated as highways where such vehicles may remain standing without lights, as authorized by Section 8010 of the 1959 Commonwealth Vehicle Code.
[Amended 7-7-1982 by Ord. No. 22-1982]
A. 
The Mayor shall establish safety zones of such kind and character and at such places as he may deem necessary for the protection of pedestrians.
B. 
The Mayor is hereby authorized to place traffic signs and lights at such places as he determines is necessary in order to safeguard public travel. Signs indicating the direction of traffic shall be erected and maintained on such streets as may be determined by the Mayor.
C. 
The Mayor may declare any street or part thereof as a through or stop street and cause to be erected and maintained official signs designating the same as a through street or stop street.
D. 
Signs shall be erected and maintained as determined by the Mayor designating stopping, standing and parking prohibitions and restrictions. (1956 Code §§ 16-19, 16-20, 16-22, 16-24.)
E. 
Police officers are hereby authorized and empowered to utilize mechanical, electrical and/or electronic speed timing devices in enforcing speed restrictions on the streets and highways within the City.
[Amended 1-9-1973 by Ord. No. 2-1973; 3-22-1978 by Ord. No. 2-1978; 5-25-1995 by Ord. No. 14-1995; 7-23-2003 by Ord. No. 14-2003; 11-10-2010 by Ord. No. 15-2010]
A. 
The direction and/or directions of vehicular traffic within the Central District, bounded by Ninth Street, Madison Street, Third Street and Penn Street shall be as follows:
(1) 
East-West.
Street
Direction of Travel
Location
Eighth St.
One-way west
Between Madison Street and Morton Avenue
Eighth Street
Bi-directional
Between Chester Creek and Madison Street
Fifth Street
Bi-directional
Between Madison Street and Welsh Street;
Fifth Street
One-way west
Between Welsh Street and Edgmont Avenue;
Fifth Street
Bi-directional
Between Edgmont Avenue and Penn Street.
Fourth Street
Bi-directional
Between Madison Street and Edgmont Avenue.
Ninth Street
Bi-directional
Saint Charles Street
One-way east
Between Welsh Street and Crosby Street
Seventh St.
One-way east
Between Welsh Street and Morton Avenue
Seventh Street
Bi-directional
Between Penn Street and Welsh Streets
Sixth St.
One-way east
Between Sproul and Welsh Street
Sixth St.
Bi-directional
Between Welsh Street and Madison Street
Sixth Street
Bi-directional
Penn Street to Sproul Street
Third Street
one way east
Between Madison Street and Crosby Street
Twelfth Street
Bi-directional
Between Madison Street and Chestnut Street
(2) 
North and south.
Street
Direction of Travel
Location
Avenue of the States
One-way south
Between Fourth Street and Seventh Street
Avenue of the States
Bi-directional
Between Seventh Street and Ninth Street.
Central Business District
Bounded by Ninth Street, Madison Street Third Street and Penn Street
City Hall Place
One-way north.
Crosby Street
Bi-directional
Between Fourth Street and Fifth Street
Crosby Street
One-way south
Between Sixth Street and Ninth Street
Deshong Street
One-way north.
Edgmont Avenue
One-way south
Between Fifth Street and Sixth Street
Edgmont Avenue
Bi-directional
Between Fourth Street and Fifth Street
Madison Street
One-way north
Between Fourth Street and Ninth Street
Penn Street
Bi-directional
Sproul Street
One-way south
Between Edgmont Avenue and Ninth Street
Welsh Streets
Bi-directional
Between Rte 291 and Avenue of the States.
B. 
The traffic circulation plan adopted by this section shall take effect and be implemented upon the completion of the reconstruction of Avenue of the States between Ninth Street and Welsh Street and Welsh Street between Avenue of the States and Seventh Street.
[Amended 5-27-1993 by Ord. No. 19-1993; 3-27-2019 by Ord. No. 1-2019]
A. 
The following are hereby established as the charges that shall be made for traffic violations:
Code
Violation
Fine
§ 528-17
Over time limit
$25
§ 528-18
Bus stop/taxi stand
$50
§ 528-19
Blocking street
$50
§ 528-21
Double parking
$50
§ 528-23
Sidewalk
$50
§ 528-24
Storage/repair on public way
$50
§ 528-25
Within 15' of hydrant
$75
§ 528-26
Trailer prohibited
$50
§ 528-27
Overnight commercial
$50
§ 528-30
Loading zone
$35
§ 528-32
In crosswalk
$50
§ 528-33
Within intersection
$50
§ 528-34
Stopping prohibited
$50
§ 528-35
In front of driveway
$40
§ 528-36
Too close to corner
$50
§ 528-37
Standing prohibited
$40
§ 528-38
Parking prohibited
$35
§ 528-39
Parking improperly
$35
§ 528-40
Private property w/o permission
$25
§ 528-41
Space reserved for disabled
$50
§ 528-56A
Snow emergency
$50
§ 528-105
Improperly at meter
$35
§ 528-106
Unpaid Meter
$35
§ 528-108
Overtime at meter
$35
§ 528-11
Damage to meter
$35
(The violations descriptions used in this subsection are intended solely to facilitate reading and shall not affect the meaning or interpretation of any section.)
B. 
Towing and storage of any vehicle removed and impounded shall be at a rate set from time to time by resolution of Council.
[Amended 2-26-2020 by Ord. No. 2-2020]
A. 
Powers and duties of the Parking Code Hearing Division. The Parking Code Hearing Division is hereby created to provide for processing, hearing and determination of challenges to alleged parking code violations, for the imposition of civil penalties together with the imposition of costs and additional fees for such violations, and for the acceptance of payment for such penalties, costs and additional fees, including payments by credit cards, all in accordance with all provisions of this article.
(1) 
The provisions of this § 528-9 shall not apply to criminal violations issued by the Police Department. A parking code violation issued by the Police Department shall be presumed to be subject to the provision of this § 528-9 unless the same is identified as a criminal violation on the citation or notice.
B. 
Delegation of functions, powers and duties to the parking authority. In addition to such other functions, powers and duties as have been delegated to the Parking Authority or its agent by ordinance, or by other provisions of this section, the Parking Authority or its agent shall have the following functions, powers and duties in connection with the administrative adjudication system established by this section:
(1) 
To set, by resolution, parking rates, parking hour restrictions, parking use restrictions and other parking restrictions, and to enforce said restrictions;
(2) 
To civilly enforce violations of the parking provisions provided for in this chapter, including any provisions set forth by regulation or resolution, including the issuance of parking tickets, use of immobilization devices on motor vehicles (such devices to be obtained by the Parking Authority or its agent at no cost to the City) and towing of motor vehicles in accordance with this chapter;
(3) 
To provide administrative, cashiering and data processing support to the City and to compile and maintain complete and accurate records relating to all charges, dispositions made and payments received by the Parking Authority or its agent; and
(4) 
To receive and process answers to charges of alleged violations and to refer contested answers to the Parking Code Hearing Division for hearing and determination; and
(5) 
To send notices, as required, of orders determining liability, notices to appear, decisions and other actions of the Parking Authority or its agent.
C. 
Issuance and service of parking tickets.
(1) 
Any police officer or any employee or agent of the Parking Authority, who observes a parking violation or other parking-related violation of this chapter or the Commonwealth Vehicle Code shall serve a parking ticket or other civil ticket upon the owner or operator of the vehicle as provided in this section.
(2) 
The parking ticket shall be in the form established by the Parking Authority, and shall contain information advising the person to whom it is issued of the manner in which and the time within which an answer to the violation alleged is required. The parking ticket shall also advise that additional fees and costs may result from a failure to answer, that the failure to answer or appear shall be considered an admission of liability, and that impoundment of the vehicle and other civil action may result from a failure to pay the amount due. A parking ticket in use by the City, the Parking Authority or its agent as of the effective date of this section shall be valid notice of a parking violation within the meaning of this section.
(3) 
A parking ticket may be served upon the owner of the vehicle by (a) affixing the ticket to the vehicle in a conspicuous place, (b) personal service upon the operator of a vehicle who is present at the time of service, (c) by first-class mail to the owner's address of registration, or (d) other means of service under applicable law. The plate number and type as shown by the registration plates of the vehicle and the make or model of the vehicle shall be recorded on the ticket. If the license plate is not visible or legible or has been improperly affixed to the vehicle, other appropriate identification may be used, such as the vehicle identification number. The parking ticket shall also contain other sufficient information to identify the vehicle and to inform the person of the nature, date, time and location of the violation alleged. A parking ticket served by any of the means provided in this subsection shall be subject to the same fines, costs and additional fees and shall have the same force and effect as if the parking ticket were personally served on the owner and operator of the vehicle.
(4) 
Except as otherwise provided, a person to whom a parking ticket has been served shall answer within 21 days after the date the ticket was served. Failure to answer within the prescribed period shall result in the imposition of additional fees as set forth in City ordinances or in resolutions adopted by the Parking Authority.
(5) 
The original parking ticket shall be physically signed or electronically authorized by the issuing officer or agent who shall affirm the truth of the facts set forth therein. The original ticket or any true copy thereof (or any facsimile of the original ticket stored on machine readable media) shall be considered a record kept in the ordinary course of business of the Parking Authority or its agent and shall be prima facie evidence of the facts contained therein.
(6) 
The Parking Authority or its agent shall cause parking tickets to be prepared and distributed to the Police Department and other issuing agencies.
(7) 
An operator of a vehicle who is not the owner thereof but who uses or operates the vehicle with the permission of the owner, express or implied, shall be considered the agent of the owner to receive parking tickets served in accordance with this section.
(8) 
An owner of a vehicle who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements (the "lessor") shall not be liable for any fines, costs or additional fees prescribed and assessed pursuant to this section if, within 21 days after a notice of violation is issued pursuant to City ordinances of this section or resolutions adopted by the Parking Authority with respect to a parking violation, the lessor furnishes to the Parking Authority or its agent, in such form as the Parking Authority or its agent may specify by regulation or resolution, the true name, address, driver's license number and state of issuance for the person in possession of the vehicle at the time of the violation (the "lessee"). The lessor may, in the alternative, provide a true copy of the lease or rental agreement. The Parking Authority or its agent may impose a fee, not to exceed $5 per parking violation, to cover the costs of administration of this subsection, payable by the lessor. If the name or address provided by a lessor for a lessee is inaccurate, the lessor shall remain liable for the violation charged.
D. 
Notice of parking violation.
(1) 
If the recipient of a parking violation fails to pay the fine for, or otherwise respond to, the violation within 21 days after issuance of the violation, the Parking Authority or its agent shall, as soon as practicable after learning of the name and address of the owner of the motor vehicle, send a notice by first-class mail to the owner of the motor vehicle at the address appearing on the registry of a state department of motor vehicles.
(a) 
The notice of violation shall inform the owner of the parking violation charged, the time and date of the parking violation, and the amount of fines, costs and additional fees that shall become due if the notice of violation is not answered within the period prescribed in this section;
[1] 
Of the right to contest a violation at a hearing in person, or by written testimony and other evidence submitted by mail;
[2] 
That a civil action may be commenced against the violator for failure to contest or pay the amount due; and
[3] 
Of such other penalties as may be authorized by statute, ordinance or regulation.
(2) 
Any notice permitted or required to be given under this section shall be considered given when mailed by first-class mail to the vehicle owner at the address provided by the registry of the respective department of motor vehicles.
(3) 
Except as otherwise provided, a person to whom a notice of violation has been issued shall answer within 21 days after the date the notice was issued.
E. 
Answer.
(1) 
In answer to a parking ticket or notice of violation, a person to whom such ticket or notice was issued may:
(a) 
Admit the commission of the violation by payment of the fines, and any costs and additional fees due;
(b) 
Admit with explanation; or
(c) 
Deny liability and request a hearing.
(2) 
A person who admits the commission of a parking violation shall, and a person who admits with explanation may, at the time of submission of the answer, pay the civil fines and costs, and any additional fees as may be due for failure to answer within the time required.
(3) 
If the person to whom a parking ticket or notice of violation is issued is a minor, such person shall be permitted to contest the violation or otherwise admit responsibility for a parking violation without the necessity of the appointment of a guardian, and Parking Authority or its agent may proceed against such person in the same manner as if that person were an adult.
F. 
Adjudications.
(1) 
Each adjudication of a parking violation pursuant to this section shall be conducted by a Parking Hearing Examiner as appointed by City Council.
(2) 
The officer or agent issuing the ticket shall not be required to appear at the hearing unless the respondent has denied liability and the Parking Hearing Examiner determines that the officer's/agent's participation is required. The Parking Hearing Examiner may grant a reasonable continuance if the officer/agent is not available. The Parking Hearing Examiner may also issue a subpoena to compel the production of any document, paper or record relevant to the violation charged. The Parking Authority shall not be required to submit any evidence other than the parking ticket and information from a state department of motor vehicles identifying the owner of the vehicle. Such documentation in proper form (including without limitation any facsimile of the original parking ticket which has been electronically stored on machine readable media) and the vehicle owner information from a state department of motor vehicles shall be considered prima facie evidence that the registered owner of the vehicle is the responsible party for the parking violation. The participation of an attorney or other representative of the Parking Authority shall not be required.
(3) 
If a person:
(a) 
Fails to answer; or
(b) 
Fails to appear at a hearing when required to do so; or
(c) 
Fails to contest in a timely manner the parking violation by mail; or
(d) 
Having admitted commission of the parking violation (with or without explanation), fails to pay the fines, costs and additional fees assessed, an order of default shall be entered sustaining the charges, the appropriate fine and penalties shall be assessed and additional fees, if any, shall be imposed.
(4) 
An order by default may be vacated by the Parking Hearing Examiner within one year after its entry only upon application setting forth (i) a sufficient defense to the charge, and (ii) excusable neglect as to the respondent's failure to submit in a timely manner testimony and evidence or attend a hearing. If a notice of violation was mailed to the registered owner at the address appearing on the vehicle registry of a state department of motor vehicles, the failure to receive such notice shall not be considered a defense unless the owner can prove that a state department of motor vehicles was advised of the owner's change of address prior to the date of the parking violation.
(5) 
Adjudications shall be conducted in a fair and appropriate manner, regardless of the form of adjudication chosen by the respondent. Technical rules of evidence shall not apply, and all relevant evidence of reasonably probative value may be received. All testimony shall be given under oath or affirmation. Written testimony shall be signed by the witness. A record shall be made of all adjudications, and recording devices may be used for such purposes.
(6) 
After due consideration of the evidence and arguments offered on a contested violation, the Parking Hearing Examiner shall determine whether the charges have been established. If the Parking Hearing Examiner determines the charges have not been established, an order dismissing the charges shall be entered. If the Parking Hearing Examiner determines the charges have been established, an order sustaining the charges, fixing the appropriate fine, and assessing costs and additional fees, if any, as appropriate shall be entered.
(7) 
Upon entry of an order determining liability for a parking violation, the Parking Authority or its agent shall notify the operator or owner:
(a) 
Of the violation charged; and
(b) 
Of the entry of an order determining liability for a parking violation.
(8) 
Any person who has received a parking ticket or a notice thereof from the Parking Authority or its agent charging a parking violation prior to the effective date of this section may elect to contest the violation before the Parking Authority or its agent under the procedures set forth in this section for the contesting of civil parking violations.
G. 
Final determination. The decision of the Parking Hearing Examiner shall be the final determination of the City of Chester. As with any agency decision by a political subdivision of Pennsylvania, a party aggrieved by the City's final determination may appeal that decision to the Court of Common Pleas for Delaware County. There are strict time limitations and filing fees for such appeals. Consult the Delaware County Office of Judicial Support for the filing requirements. The solicitor for the Parking Authority shall represent the Parking Authority and/or the City in all administrative appeals of decisions made by the Parking Hearing Examiner to the Court of Common Pleas.
H. 
Civil penalties and costs.
(1) 
The civil penalties prescribed for parking violations, payable by a person or entity to whom a parking ticket or notice of violation has been issued, are as set forth in this section. The base fines for parking violations are set forth in § 528-8A.
(2) 
In the event that the person or entity to whom a parking ticket has been issued fails to answer a mailed notice of violation within 10 days of the date of such notice, or within 30 days after entry of a final order determining liability, or within 90 days after issuance of a parking ticket if ownership information cannot be obtained from a Department of Motor Vehicles, an initial late penalty of $30 shall be imposed and added to the amount due.
(3) 
In the event that payment is not made within 21 days after the application of the initial late penalty, an additional late penalty of $35 shall be imposed and added to the amount due.
(4) 
Any person or entity submitting a check or money order in payment that is not honored for any reason by the financial institution on which it was drawn shall pay a $25 fee.
(5) 
Immobilization and towing.
(a) 
Any person or entity who has received three or more parking violations which are unpaid and in default is subject to immobilization by device and/or towing of the violating vehicle by the Parking Authority or its agent.
(b) 
Any vehicle that is parked:
[1] 
For 72 consecutive hours in a metered space;
[2] 
For seven consecutive days in a non-metered commercial space; or
[3] 
For 15 consecutive days elsewhere, is subject to immobilization by device and/or towing of the violating vehicle by the Parking Authority or its agent.
(c) 
A schedule of costs and fees associated with for immobilization by device and/or towing of a vehicle shall be approved by the Parking Authority by resolution.
I. 
Expiration of collection period.
(1) 
Except as to chronic parking violators, no collection activity shall commence in pursuit of payment of fines and penalties set forth in this section, or other costs or fees related thereto, upon the expiration of 10 years from issuance of a ticket or violation notice.
(2) 
For purposes of this article, "chronic parking violator" shall mean any person or entity owing fines and penalties set forth in this section, or other costs or fees related thereto in excess of $500, or three or more unpaid parking tickets in default, without regard to any particular license plates or vehicle identification numbers.
[Amended 4-25-2018 by Ord. No. 2-2018]
A. 
Except as otherwise provided in the Commonwealth Vehicle Code[1] whoever violates any provision of this chapter, other than parking violations, or any other City ordinance relative to traffic matters, where another penalty is not otherwise provided, shall be fined not more than $50 and costs, to be collected by summary conviction, and in default of payment thereof, shall be imprisoned not more than 10 days.
[1]
Editor's Note: See 75 Pa.C.S.A. § 101 et seq.
B. 
Except as otherwise provided in the Commonwealth Vehicle Code, whoever violates any parking code provision of this chapter shall be subject civil penalties as provided herein, and if a penalty is not otherwise provided, the civil penalty shall be $50.