Borough of Brentwood, PA Parking in Residential Districts

As used in this section, the term "parking space" includes but is not limited to a parking pad, driveway and any other area provided for parking a vehicle. Each parking space provided, constructed or maintained for parking of vehicle pursuant to the provisions of this article must have a width not greater than 50% of the width of the front of the dwelling or building structure located on the lot containing the parking space and must have a dimension of at least 22 feet perpendicular to the width. Each such parking space also must conform to the requirements of § 210-47 of Chapter 210, Zoning.

§ 154-3 Definitions.

All of the terms used herein shall have the definitions and connotations ascribed to them in the Pennsylvania Motor Vehicle Code, 75 Purdons Consolidated Statutes Annotated, Title 75; and/or and the regulations of the Pennsylvania Department of Transportation and Bureau of Motor Vehicles, Title 75, Pennsylvania Code, unless otherwise specifically and expressly set forth herein.

If any term or word is not ascribed any specific definition or connotation in either the relevant Pennsylvania statutes or the relevant Pennsylvania regulations and rules, and said term is not defined herein, then that term shall have the definition and connotation ascribed to it in Webster's New World Dictionary, Third College Edition, published in 1988 by Simon & Schuster, Inc.

When interpreting any term or provision of this article, the definition and connotation of a term set forth explicitly in this section shall supersede and control any definition or connotation given in any state statute or state regulation or rule, or in said Webster's New World Dictionary.

As used in this article, the following terms shall have the meanings indicated:

COMMERCIAL VEHICLE

Includes, but is not limited to any vehicle which displays on its outer surfaces or by window display or by other means carried on the vehicle, any advertising information, business information, service information or product information or solicitation. The term "commercial vehicle" shall include also, but is not limited to any vehicle containing open or closed boxes or chests for carrying tools or equipment and/or racks or other means for carrying ladders, pipes, tools or other equipment.

CORNER LOT

A lot bounded on at least two sides by streets, alleys, ways or roads. A corner lot is deemed to have at least two front building set back lines.

ENCLOSURE

Any structure having a roof and sides forming a complete perimeter enclosure, completely surrounding the interior and contents of the enclosure. "Enclosure" does not include, and specifically excludes, for example, such devices as tarpaulins, canvass or cloth covers, plastic sheeting and similar devices.

ISSUING AUTHORITY

The Brentwood Mayor, Police Chief or Acting Police Chief designated by the Mayor.

LIFT KIT

Includes any apparatus, device or means installed or mounted on a vehicle and adapted to raise or lift permanently or periodically or selectively, the height of that vehicle bumper above the road surface the vehicle axle height or any other reference datum.

PARK OR PARKING

(1)

The temporary storing of a vehicle, whether occupied or not, on or off the roadway and includes the stopping and standing of any vehicle. The term "parking" when prohibited, means halting a vehicle, whether or not occupied, except momentarily for the purpose of, and while actually engaged in, loading or unloading property or passengers for a period of time not to exceed two minutes.

(2)

The term "parking" as used in this article to prohibit or regulate parking shall not prohibit or include reasonable activities of loading, unloading or delivery from or onto any vehicle, provided that those activities are conducted between the hours of 7:00 a.m. and 10:00 p.m., prevailing time, daily, including Sundays and holidays; and provided, further, that such prohibited "parking" shall not include or prohibit collection of refuse, rubbish, garbage, weeds and vegetation and recyclables which is conducted between the hours of 6:00 a.m. and 8:00 p.m., prevailing time, daily, including Sundays and holidays.

PERSON

Each and every individual, group or association of individuals, company, corporation, general partnership, limited partnership, municipal corporation, municipal authority, public utility, nonprofit corporation, charitable organization and every other type of public or private entity.

STREET

Includes any street, avenue, boulevard, road, highway, freeway, parkways lane, alley or any other way used or intended to be used by vehicular traffic or pedestrians, whether public or private.

STRUCTURE

Any man made object having an ascertainable permanent or temporary stationary location on the land, whether or not affixed to the land.

TRUCK

Includes but is not limited to all panel trucks, stake trucks, dump trucks, flatbed trucks, tow trucks and all trucks and other equipment used or engaged in construction operations or commercial operations.

VEHICLE

Includes but is not limited to all types of trucks, trailers, tractors, vans, campers, house trailers, mobile homes, motor homes, house cars, boats, buses, commercial trucks or trailers and/or construction trucks and trailers, and other similar vehicles. The term "vehicle" does not include automobiles and similar passenger vehicles designed to carry nine or fewer passengers including the driver, unless such automobiles or such similar passenger vehicles are used for commercial purposes or conform to the definition of "commercial vehicle," set forth below.

§ 154-4 Inspection stickers and license tags.

Subject to the other provisions of this article, no person shall park or allow to remain parked, on any Brentwood street, any vehicle which does not have displayed conspicuously on the vehicle a current, valid inspection and a current, valid license tag, as required by the laws and regulations of the Commonwealth of Pennsylvania.

If a vehicle has a current, valid inspection sticker and/or a current, valid license tag from another state, said inspection sticker and/or license tag must be replaced by a Pennsylvania sticker and/or a Pennsylvania tag within the time provided in the law and regulations of Pennsylvania.

§ 154-5 Parking of vehicles of certain weights.

Every vehicle which has a motor vehicle gross weight, also known as "gross vehicle weight rating (GVWR)," equal to or less than 7,000 pounds and which has, in use, no more and no less than four wheels in contact with the road surface, must be parked either in a garage or in the driveway of the residence of the vehicle owner or operator. If no such garage or driveway is available to the vehicle owner or operator then street parking of such vehicle may be permitted if the vehicle owner or operator procures a valid parking permit from either the Brentwood Mayor or the Brentwood Police Chief or, in the absence from Brentwood Borough of the Mayor and the Police Chief, from the acting Police Chief, duly designated by the Mayor to act in the absence of the Mayor and the Police Chief.

All vehicles not meeting the description set forth in Subsection A above must be parked in a garage.

Any vehicle lawfully parked on a corner lot and not parked in a garage, driveway or backyard, must be parked behind both front building setback lines on said corner lot.

§ 154-6 Parking permit regulations.

When considering requests for parking permits and when issuing parking permits, the issuing authority must require compliance with the provisions of this article and with all other Brentwood Borough ordinances and regulations to the greatest extent reasonably possible under the circumstances.

The issuing authority may impose reasonable conditions upon use of the parking privileges conferred by the permit, which conditions must be stated on the face of the permit.

Borough Council may, by motion, adopt and modify reasonable fees required for administration and enforcement of the provisions of this section; however, there will be no charge for requesting or applying for a permit or for the mere administrative act of issuing a permit which does not require additional investigation or administrative work.

Council may, by motion, adopt appropriate forms to be used as parking permits and in applying for and processing requests for permits.

Every permit must be displayed in plain view on the rear window of the vehicle for which the permit was issued.

A permit may be issued only to a resident of Brentwood Borough.

No person may receive more than one permit regardless of the number of vehicles owned by that person.

A permit may not be transferred from the vehicle for which it was issued to any other vehicle.

The Police Chief or Mayor may revoke and retrieve any permit if the holder of that permit is violating the provisions of this article or is otherwise abusing the privileges inherent in holding such permit. Failure to surrender a revoked permit promptly is a violation of this article.

Any person may seek review of any grant, denial or revocation of a permit by a request for review by the Mayor.

§ 154-7 General regulations.

Notwithstanding any other provision of this article, all trucks having a load carrying capacity in excess of 3/4 ton, all commercial vehicles and all construction vehicles and construction if parked in a residential zone, must be parked at all times in a fully enclosed garage or other backyard enclosure meeting the requirements of this article, unless working at a job site.

No commercial vehicle is permitted to park on a Borough street in a residential district unless engaged in a business activity, which parking shall be reasonably limited as to time and to the nature of business activity.

Each commercial vehicle, if it can not be parked in a fully enclosed garage or other backyard enclosure as required in Subsection A above, must be registered with the Brentwood Police Department and must have displayed, on the rear window of the vehicle, a permit obtained from the issuing authority and authorizing parking of such vehicle in the driveway of the residence of the vehicle owner or operator or on the street in front of the residence of the vehicle owner or operator; provided, however, that tow trucks, dump trucks, construction vehicles and construction equipment may not be permitted under this § 154-7C, or under any other provision of this section.

Any boat, boat trailer, utility trailer, camper or recreational vehicle having a length equal to or less than 20 feet must be parked behind the front building setback line of the lot on which it is parked. A boat, boat trailer, utility trailer, camper or recreational vehicle having a length greater than 20 feet may not be parked on any street or lot in any residential zoning district of Brentwood Borough.

[Amended 4-28-2009 by Ord. No. 1176[1]]

[1]

Editor's Note: This ordinance was vetoed by the Mayor 5-8-2009, which veto was overridden by the Council 5-12-2009.

No vehicle having a lift kit installed thereon and having a bumper height exceeding a bumper height of 30 inches as measured from ground level to the highest point on the factory installed bumper, may be parked on any street or lot in any residential zoning district of Brentwood Borough.

§ 154-8 Construal of provisions.

No provision of this article shall supersede or amend in any way the provisions of the Brentwood ordinances regulating the use of dumpsters.

§ 154-9 Violations and penalties.

Any person or entity who or which violates any provision of this article, upon conviction thereof, shall be sentenced to pay a fine of $15, plus costs of prosecution or, in default of payment of such fine and costs, to undergo imprisonment for not more than 30 days. Each day during which a violation of this article occurs shall be deemed a separate violation.

Article II Residential Parking Permit System

[Adopted 4-21-1998 by Ord. No. 1106]

§ 154-10 Establishment of permit parking.

Whenever the Borough Chief of Police or his or her designee shall determine that any street or portion thereof of a particular zoning district, as defined and limited in Chapter 210, Zoning, of the Brentwood Borough Code of Ordinances, on which residential uses are permitted and commercial uses are not permitted, is being used for parking by the operators of vehicles while the operators of those vehicles are using districts either within or beyond the boundaries of the Borough of Brentwood in which commercial or industrial uses are permitted, and the average number of vehicles parking in such a manner is in excess of 25% of the number of parking spaces on such street or portion thereof, and the total number of spaces actually occupied by any vehicles exceeds 75% of the number of spaces on such street or portion thereof on the weekdays of any month, as disclosed by a study performed by the Borough of Brentwood, the Borough Chief of Police or his or her designee shall prohibit parking during the hours when such use on that street or portion thereof has been found by the survey to have been so affected. In such cases, the Borough Chief of Police shall cause appropriate signs giving notice of the prohibition to be posted on such street or portion thereof restricting all parking except parking by the holders of permits who reside within that parking zone, the boundaries of which shall be established by the Chief of Police. Permits shall be granted upon payment of a fee and only under the following conditions:

To persons who are residents of any particular street or portion thereof on which parking is so restricted, to be limited to the zone within which that particular street or portion thereof is located, for every vehicle owned by those persons and registered in the Commonwealth of Pennsylvania. No permit issued hereunder shall be valid for more than one year but may be renewed upon expiration, provided that the conditions for issuance exist.

To residents on behalf of persons who are visitors of any residents of any particular street or portion thereof on which parking is so restricted, to be limited to the zone within which that particular street or portion thereof is located, to be valid for a period of one year but may be renewed upon expiration.

(1)

Visitor permits shall not be transferable. Residents who allow the visitor permit issued to their dwelling unit to be used by a person not a visitor to their dwelling unit shall, in addition to the penalties set forth in § 154-15 hereof, have said permit revoked for a period of one year beginning on the date of revocation.

(2)

Should a visitor permit be lost or stolen, such fact shall be reported to the Police Department which shall invalidate the same forthwith.

To residents on behalf of persons who do business with any resident on any particular street or portion thereof on which parking is so restricted during the hours of such restriction, to be limited to the zone within which that particular street or portion thereof is located and within which any such person transacts business.

To owners of rental property situated in a permit area with use restricted to those times that the property is being maintained and/or shown to future tenants. Properties must be registered with the Borough and have the property occupancy permit on file in the Borough office.

To persons who are property managers for rental property in a permit area with the same conditions and restrictions as in § 154-11A of this article.

§ 154-11 Obtaining permits; fees.

Permits must be obtained at the Brentwood Police Department and must be assigned to a specific vehicle and are not transferable to any other vehicle. The permits will be a placard of a specific color and number, assigned to a host address and are renewable annually.

On the application of any resident of the particular street or portion thereof on which parking is restricted, the Chief of Police or his or her authorized designee may issue permits to be valid for only one day upon a showing by the resident that, during the hours for which the permits are to be issued, his residence will be used in such a way consistent with its residential character and other provisions of law and that persons doing business at his residence would not be able to park without violating the law. If the Chief of Police shall find the foregoing facts and further finds that the issuance of the permit will not unduly impair traffic safety during the time of its validity, he or she shall issue such permit and may limit the streets or portions of streets on which it shall be valid. The number of such permits shall not at any time exceed 50% of the number of spaces in which they are valid.

The parking prohibitions of this article shall not apply to service or delivery vehicles which are being used to provide service or make deliveries to dwellings.

Temporary permits must be obtained at the Brentwood Police Department and will be used for a period of two weeks. Increments of greater lengths of time may be purchased upon approval of the Police Chief or his or her designee. The temporary permits will be hanger type permits which must be displayed on the rear-view mirror of the vehicle. Only the resident and/or property owner in a permit parking area may apply for such permit on behalf of contractors who are performing work at the residence situated in a permit parking zone. All applicable building permits must be secured and approved by the Borough Office prior to the issuance of a temporary parking permit. The fee for such permit shall be established at $5 for every two-week period and may be changed from time to time by a motion of the Borough Council. Such permits shall be paid in advance and no pro-rata refunds shall be made.

The Borough Council shall determine a schedule of fees to defray the cost of issuing permits and other costs. The Borough Council shall be empowered to reevaluate the fee schedule and make necessary alterations to it. Such alterations shall not be considered an amendment to this article and may be adopted at any public meeting of Council by motion. Permit fees shall be paid in advance and no pro-rata refunds shall be made.

§ 154-12 Conditions for permits to be met.

Any applicant for a permit shall show to the Chief of Police or his or her authorized representative satisfactory evidence that he or she fulfills all of the conditions for such a permit. Whenever the conditions no longer exist, the person holding such a permit shall surrender it to the Chief of Police of his or her authorized representative. It shall be unlawful for any person to represent that he or she is entitled to such a permit when he or she is not so entitled, to fail to surrender a permit to which he or she is not longer entitled, or to park a vehicle displaying such a permit at any time when the holder of such permit is not entitled to hold it.

§ 154-13 Exemptions.

When performing the duties normally associated with the positions designated below, the vehicles operated by persons in the following professions shall be exempt from all provisions of this article:

(1)

Clergy.

(2)

Home Health Care/Visiting Nurses.

(3)

Mail Delivery, United States Postal System.

(4)

Funeral Directors.

Persons engaged in the above specified activities must obtain a special placard from the Brentwood Police Department which designates the exemption of the vehicle. This exemption is only applicable when the vehicle is being used in conjunction with the performance of such duties associated with the positions designated and when a placard or similar item indicating the nature of this activity is prominently displayed on the dashboard of the vehicle.

§ 154-14 Signs; enforcements.

The signs placed on a restricted parking street under this article shall be of such character as to inform persons of the existence of the rules and regulations imposing the foregoing restrictions. It shall be unlawful for any person to violate such rules and regulations.

Parking meter attendants are hereby empowered to enforce the provisions of this article, in addition to the Borough Police Department.

§ 154-15 Violations and penalties.