Borough of West Chester, PA Article VI Metered Off-Street Parking

§ 104-66 Metered or leased parking lots established.

[Amended 4-9-1975 by Ord. No. 8-1975; 12-15-1999 by Ord. No. 16-1999; 2-21-2001 by Ord. No. 3-2001; 4-19-2006 by Ord. No. 3-2006; 8-20-2008 by Ord. No. 13-2008; 1-19-2011 by Ord. No. 1-2011; 5-21-2015 by Ord. No. 9-2015; 6-19-2019 by Ord. No. 07-2019]

The following are hereby established as the metered and/or leased parking lots operated by the Borough of West Chester:

A. Chestnut Street Garage situated on Chestnut Street between Walnut Street and High Street.

B. Bicentennial Garage situated on the west side of High Street, between Market Street and Miner Street.

C. West Gay Street Lot situated at the southwest corner of Gay Street and New Street (water tank).

D. Justice Center Garage situated on the 200 block of the south side of Market Street, between Darlington Street and New Street - second floor only.

E. South High Street Lot situated on the east side of High Street, between Miner Street and Barnard Street (100 block of South High Street).

F. Hannum Avenue Lot situated at the northwest corner of Gay Street and New Street.

G. North Darlington Street Lot situated at the northeast corner of Chestnut Street and Darlington Street.

H. West Miner Street Lot situated on the north side of West Miner Street, between Darlington Street and New Street (200 block of West Miner Street).

I. West Chestnut Street Lot situated at the northeast corner of Church Street and Chestnut Street.

J. East Market Street Lot situated on the north side of Market Street, between Walnut Street and Matlack Street (100 block of East Market Street).

K. Greenfield Lot situated on South Franklin Street at East Nields Street.

§ 104-67 Parking time limits, charges and hours of operation for various parking lots.

[Amended 12-14-1974 by Ord. No. 9-1974; 4-9-1975 by Ord. No. 8-1975; 1-14-1976 by Ord. No. 1-1976; 3-14-1979 by Ord. No. 3-1979; 5-14-1980 by Ord. No. 7-1980; 2-11-1981 by Ord. No. 1-1981; 2-9-1983 by Ord. No. 1-1983; 8-27-1986 by Ord. No. 6-1986; 8-26-1987 by Ord. No. 9-1987; 5-20-1992 by Ord. No. 9-1992; 6-16-1993 by Ord. No. 8-1993; 9-20-1995 by Ord. No. 17-1995; 12-18-1996 by Ord. No. 26-1996; 5-26-1999 by Ord. No. 7-1999; 12-15-1999 by Ord. No. 16-1999; 2-21-2001 by Ord. No. 3-2001; 9-17-2003 by Ord. No. 19-2003; 4-19-2006 by Ord. No. 3-2006; 1-19-2011 by Ord. No. 1-2011; 8-21-2013 by Ord. No. 8-2013; 12-18-2013 by Ord. No. 20-2013; 5-21-2015 by Ord. No. 8-2015; 5-21-2015 by Ord. No. 9-2015; 8-15-2018 by Ord. No. 11-2018; 5-15-2019 by Ord. No. 6-2019; 6-19-2019 by Ord. No. 07-2019]

The time limits, charges and hours of operation for the following Borough parking lots shall be as follows:

A. Chestnut Street Garage, with rates and hours of operation to be established by resolution of Borough Council.

B. Bicentennial Garage, with rates and hours of operation to be established by resolution of Borough Council.

C. West Gay Street Lot shall be reserved for parking on an annual permit basis, Monday through Friday, 8:00 a.m. to 5:00 p.m. Each permit will be sold on an annual basis and will be effective from August 1 to July 31 of the following year. If more than 15 permits are requested, the permits will be distributed on a lottery basis. The cost of each permit shall be in accordance with a schedule of fees adopted by resolution of the Borough Council.

D. Justice Center Garage shall be metered with a multicompartment parking control device providing parking to the general public from 8:00 a.m. to 5:00 p.m. of each day of the week, except Saturdays, Sundays and legal holidays, at a rate to be established by resolution of Borough Council. At all other times other than the aforementioned times, parking will be available to the general public for free.

E. South High Street Lot shall be metered with a multicompartment parking control device providing parking from 8:00 a.m. to 5:00 p.m. on each day of the week, except Saturdays, Sundays and legal holidays, at a rate set forth in a schedule of fees adopted by resolution of Borough Council. In addition to the multicompartment parking control device, up to a maximum of 10 parking meters may be installed, providing parking from 8:00 a.m. to 10:00 p.m. of each day of the week except Sundays and legal holidays and between the hours of 5:00 p.m. to 10:00 p.m. on Saturdays, at the rate to be established by resolution of Borough Council. Notwithstanding the foregoing, Borough Council may designate and reserve parking spaces for monthly permit parking, Monday through Friday, 8:00 a.m. to 5:00 p.m. The monthly parking permits will be sold on a first-come-first-served basis and will have an effective commencement date of the first day of the month. The cost of each monthly parking permit will be in accordance with a schedule of fees adopted by resolution of Borough Council.

F. Hannum Avenue Lot is leased to the County of Chester on Monday through Friday from 8:00 a.m. to 5:00 p.m. except that 10 spaces shall be metered with parking meters where it shall be lawful to park at the parking meters between 8:00 a.m. and 10:00 p.m. on Mondays, Tuesdays and Wednesdays, between the hours of 8:00 a.m. and 12:00 midnight on Thursdays and Fridays, and between the hours of 5:00 p.m. and 12:00 midnight on Saturdays, at the rate set forth in a schedule of fees adopted by resolution of Borough Council.

G. North Darlington Street shall be metered with a maximum of 10 parking meters. It shall be lawful to park at the parking meters between 8:00 a.m. and 10:00 p.m. on Mondays, Tuesdays and Wednesdays, between the hours of 8:00 a.m. and 12:00 midnight on Thursdays and Fridays, and between the hours of 5:00 p.m. and 12:00 midnight on Saturdays, at a rate to be established by resolution of Borough Council. The remaining parking spaces not serviced by parking meters will be spaces reserved for parking on an annual basis 24 hours a day, seven days a week. The permits will be sold on a first-come-first-served basis and shall have an effective commencement date of August 1. The cost of each permit shall be in accordance with a schedule of fees adopted by resolution of Borough Council.

H. West Miner Street Lot shall be metered with a multicompartment parking control device providing parking from 8:00 a.m. to 5:00 p.m. of each day of the week, except Saturdays, Sundays and legal holidays, at a rate determined in accordance with a schedule of fees adopted by resolution of Borough Council. In addition to the multicompartment parking control device, up to a maximum of 15 parking meters may be installed, where it shall be lawful to park between 8:00 a.m. and 10:00 p.m. on Mondays, Tuesdays and Wednesdays, between the hours of 8:00 a.m. and 12:00 midnight on Thursdays and Fridays, and between the hours of 5:00 p.m. and 12:00 midnight on Saturdays, at a rate to be established by resolution of Borough Council.

I. A maximum of 25 parking spaces at West Chestnut Street Lot shall be reserved for parking on a monthly basis. Each permit will be sold on a monthly basis and will allow parking every day of the week, 24 hours a day. If more than 25 permits are requested, the permits will be distributed on a lottery basis. The cost of each permit shall be in accordance with a schedule of fees adopted by resolution of the Borough Council. The remaining spaces in West Chestnut Street Lot shall be metered with parking meters where it shall be lawful to park at the parking meters between 8:00 a.m. and 10:00 p.m. on Mondays, Tuesdays and Wednesdays, between the hours of 8:00 a.m. and 12:00 midnight on Thursdays and Fridays, and between the hours of 5:00 p.m. and 12:00 midnight on Saturdays, at a rate to be established by resolution of Borough Council.

J. East Market Street Lot shall be metered with parking meters where it shall be lawful to park at the parking meters between 8:00 a.m. and 10:00 p.m. on Mondays, Tuesdays and Wednesdays, between the hours of 8:00 a.m. and 12:00 midnight on Thursdays and Fridays, and between the hours of 5:00 p.m. and 12:00 midnight on Saturdays, at a rate to be established by resolution of Borough Council.

K. Six parking spaces at Greenfield Lot shall be metered with parking meters where it shall be lawful to park at the parking meters between 8:00 a.m. and 10:00 p.m. on Mondays, Tuesdays and Wednesdays, between the hours of 8:00 a.m. and 12:00 midnight on Thursdays and Fridays, and between the hours of 5:00 p.m. and 12:00 midnight on Saturdays, at the rate set forth in a schedule of fees adopted by resolution of Borough Council. The remaining parking spaces at Greenfield Lot shall be utilized for monthly permit parking, the cost of each monthly parking permit will be in accordance with the schedule of fees adopted by resolution of Borough Council.

§ 104-68 Placement and characteristics of meters.

A. Parking meters installed in the said lots shall be placed immediately adjacent to the individual parking spaces that shall be marked off in the said lots. Each parking meter shall be placed or set in such manner as to show that the parking space adjacent to such meter is or is not legally occupied. Each parking meter installed shall indicate by a proper legend the legal time established by this article and, when occupied, shall indicate on and by its dial and pointer the duration of the period of legal parking and, on the expiration of such period, shall indicate illegal parking or overparking.

B. Multicompartment parking control devices shall be installed next to the main entrance of lots being metered with such devices and shall be clearly and conspicuously identified. Each such multicompartment parking control device shall indicate, by a proper legend, the identity of the spaces controlled by such device as well as the fee for parking in such space and the duration of the period of legal parking therein.

[Added 8-27-1986 by Ord. No. 6-1986]

§ 104-69 Parked vehicles to be within individual parking spaces.

Lines and/or markings shall be painted or placed upon the various metered parking lots hereby established, adjacent to each parking meter, for the purpose of designating the parking space for which such meter shall be used. Each vehicle parked adjacent to any parking meter shall be parked within the lines or markings so placed and applicable to such meter. It shall be unlawful and a violation of this article for any person:

A. To park any vehicle across any such line or marking.

B. To park any vehicle in such a position that such vehicle shall not be within the area so designated by such lines or markings.

C. To park a vehicle elsewhere in any such lot than in an individual parking space adjacent to a parking meter.

§ 104-70 Manner of parking at meters.

When a parking space is diagonal or at right angle to the curb, any vehicle parked in such parking space shall be parked so that the foremost part of such vehicle shall be nearest to the parking meter. When a parking space is parallel with the adjacent curb, any vehicle parked in such parking space shall be parked with the foremost part of such vehicle nearest to such meter.

§ 104-71 Unlawful operation of business.

[Added 6-17-1992 by Ord. No. 13-1992]

It shall be unlawful and a violation of this article for any person, owner or operator of a passenger and/or commercial motor vehicle to operate a business from any parking space adjacent to any parking meter established under this article.

§ 104-72 Coin deposit in meter required; overtime parking unlawful.

A. Whenever a vehicle is to be parked in any of the said parking lots, at any time during which the parking meters therein shall be in operation, the operator of such vehicle shall, upon entering a parking space adjacent to a parking meter, immediately deposit, or cause to be deposited, in such parking meter, one or more coins of the United States as shall be specified in the legend upon such parking meter. Upon the deposit of such coin or coins, and placing the meter in operation, such parking space may be lawfully occupied by such vehicle for the length of time designated by § 104-67 of this article for parking in the said parking lot upon deposit of such coin or coins. If any vehicle shall remain in any such parking space for such length of time that the meter shall indicate by a proper signal that the lawful parking time shall have expired, such vehicle shall be considered as having been parked overtime, and the parking of a vehicle overtime shall be a violation of this article, provided that every hour that a vehicle shall remain parked at a meter showing a violation shall constitute a separate violation of this article.

B. Whenever a vehicle is to be parked in any of the parking lots metered with a multicompartment parking control device, at any time during which such device therein shall be in operation, the operator of such vehicle shall, upon entering a parking space identified as being controlled by such device, immediately deposit or cause to be deposited in the proper slot of such device the fee specified. Upon the deposit of such fee, the parking space with the same number may be lawfully occupied by such vehicle for the entire period beginning at 8:00 a.m. and ending at 5:00 p.m., or any portion thereof. If any vehicle shall remain in any such parking space beyond 8:00 a.m. the following day, without deposit of the appropriate fee for parking in such space, such vehicle shall be in violation of the provisions hereof; provided, further, that every additional period between 8:00 a.m. and 5:00 p.m. for days in which the multicompartment parking control device shall be in operation and the specified fee shall remain unpaid shall constitute a separate violation of this article.

[Added 8-27-1986 by Ord. No. 6-1986]

§ 104-72.1 Deposit of coins and failure to operate meter.

[Added 4-9-1986 by Ord. No. 3-1986]

It shall be unlawful and a violation of the provisions of this Article VI for a person to deposit any coin in a parking meter without immediately thereafter operating such meter in the proper and required manner to register the time paid for by depositing such coin.

§ 104-72.2 Parking meter and multicompartment parking control device.

[Added 8-27-1986 by Ord. No. 6-1986]

As used in this article VI, §§ 104-73, 104-74, 104-75 and 104-78, the meaning of the term "parking meter" shall include multicompartment parking control device.

§ 104-73 Unlawful to tamper with meters.

[Amended 4-9-1986 by Ord. No. 3-1986]

A. It shall be unlawful and a violation of this article VI for any person to deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this article.

B. Any person who shall violate this section shall be issued a citation. Thereafter, the prosecution shall proceed in accordance with the Pennsylvania Rules of Criminal Procedure; and, upon conviction for the offense, the defendant shall be ordered to pay a fine of $300, together with the cost of prosecution, and/or to be incarcerated in the county prison for not more than 30 days.

§ 104-74 Duty of police officers and parking enforcement officers.

[Amended 4-9-1986 by Ord. No. 3-1986; 12-15-1999 by Ord. No. 16-1999]

It shall be the duty of the police officers and parking enforcement officers of the Borough, acting in accordance with instructions of their supervisors, to report:

A. The name of the parking lot and the number of the parking meter therein that indicates that the vehicle occupying the parking space adjacent thereto is or has been parked in violation of any of the provisions of this article.

B. The date and hour of such violation.

C. The state license number of such vehicle.

D. Any other facts, the knowledge of which shall be necessary for a full understanding of the circumstances attending such violation.

§ 104-75 Revision of rates and charges authorized.

The rates and charges collected through parking meters for off-street parking shall be subject to revision from time to time as may be considered necessary by the Borough Council.

§ 104-76 Use of revenues received.

The revenue received from the operation of the municipal parking lots shall be used for general Borough purposes in relief of taxes on real estate.

§ 104-77 Violations and penalties.

[Amended 4-9-1986 by Ord. No. 3-1986; 12-18-1996 by Ord. No. 26-1996; 12-15-1999 by Ord. No. 16-1999; 2-21-2001 by Ord. No. 3-2001; 2-18-2004 by Ord. No. 4-2004; 1-17-2007 by Ord. No. 2-2007; 4-20-2011 by Ord. No. 8-2011; 6-19-2013 by Ord. No. 5-2013; 12-18-2013 by Ord. No. 20-2013; 5-17-2018 by Ord. No. 6-2018]

A. An owner or operator of any motor vehicle parked in violation of any provisions of this Article VI, with the exception of § 104-73, shall be issued a notice of violation and ordered to pay a fine of $35, unless the fine is paid to the Borough of West Chester within 14 days of the issuance of such notice, in which case the fine amount shall be reduced to $25.

B. If the owner or operator of the motor vehicle fails to respond to the notice of violation as set forth in Subsection A above by payment of the fine within 14 days of issuance of such notice, the Borough shall send a warning letter requesting payment of the full fine of $35 within 10 days of the date of the letter. Should the owner or operator of the motor vehicle fail to respond to the letter by payment within the ten-day time frame, the Borough shall proceed with the issuance of a citation for the greater fine amount in accordance with the Pennsylvania Rules of Criminal Procedure. Upon conviction of the offense, the defendant shall be ordered to pay the applicable fine and the costs of prosecution, and/or to be incarcerated in the county prison for not more than five days.

§ 104-78 Contracts for lease or purchase of meters authorized.

The proper officers of the Borough are authorized to enter into a contract for lease or purchase of parking meters for said off-street parking lots, or any portion thereof, said contract to be made subject to the conditions and in the manner provided by law, the payment of such meters to be provided for solely from the receipts, funds and revenues obtained by the Borough from the operation of said parking meters, without in any manner obligating the Borough to pay for same from any other sources.