Borough of West Chester, PA Article IX Additional Parking Violations and Penalties

[Added 5-10-1978 by Ord. No. 5-1978[1]]

[1] Editor's Note: The parking regulations and penalties for violations thereof which were added by this ordinance were adopted as provided by Sections 6109 and 6301 of Title 75, Act of November 25, 1970 (P.L. 707, No. 230), as amended, known as 75 Pa.C.S.A. § 6109 and § 6301. Ordinance No. 5-1978 also provided that former Article IX, Interpretation and Repeal, be renumbered as Article X.

§ 104-96 Parking restrictions at sidewalks, crosswalks, bridges and beyond curb in nondesignated parking spaces.

[Amended 7-8-1981 by Ord. No. 5-1981; 4-9-1986 by Ord. No. 3-1986; 12-18-1996 by Ord. No. 26-1996; 7-16-2003 by Ord. No. 14-2003]

A. Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with the law or at the direction of a police officer or official traffic control device, no person shall stop, stand or park a vehicle:

(1) On a sidewalk.

(2) On a crosswalk.

(3) Upon any bridge or other elevated structure upon a highway or within a highway tunnel.

(4) To the right of a curb in an area of right-of-way which is not designated for parking.

B. (Reserved)[1]

[1] Editor's Note: Former Subsection B, concerning no standing or parking a vehicle within 20 feet of a crosswalk at an intersection, was repealed 9-17-2003 by Ord. No. 19-2003.

C. Except where angle parking is permitted by this chapter, every vehicle standing or parked upon a two-way highway shall be positioned parallel to and with the right-hand wheels within 12 inches of the right-hand curb or, in absence of a curb, as close as practicable to the right edge of the right-hand shoulder.

D. Except where angle parking is permitted by this chapter, every vehicle standing or parked upon a one-way highway shall be positioned parallel to the curb or edge of the highway in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or, in absence of a curb, as close as practicable to the right edge of the right-hand shoulder; or with its left-hand wheels within 12 inches of the left-hand curb or, in absence of a curb, as close as practicable to the left edge of the left-hand shoulder.

E. Penalties for offenses.

[Amended 1-17-2007 by Ord. No. 2-2007; 4-20-2011 by Ord. No. 8-2011; 6-19-2013 by Ord. No. 5-2013; 5-17-2018 by Ord. No. 6-2018]

(1) An owner or operator of a motor vehicle parked in violation of any provision of this Article IX shall be issued a notice of violation and be ordered to pay a fine of $25, 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 $15.

(2) If the owner or operator of the motor vehicle fails to respond to the notice of violation as set forth in Subsection E(1) 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 $25 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, the late fee of $10 and the costs of prosecution, and/or to be incarcerated in the county prison for not more than five days.

§ 104-97 Parking restrictions at curblines, railroad crossings and traffic control devices and near intersections.

A. Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(1) Stop, stand or park a vehicle:

(a) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(b) Between a safety zone and the adjacent curb within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official traffic control devices.

(2) Park a vehicle:

(a) Within 50 feet of the nearest rail of a railroad crossing.

(b) At any place where official signs prohibit parking.

(3) Stand or park a vehicle:

(a) Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the site of a roadway.

(b) Within 25 feet of an intersection.

B. Any owner or operator of a motor vehicle parked in violation of this section shall be issued a notice of violation and be ordered to pay a fine of $30, 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 $20. If the owner or operator of the motor vehicle fails to respond to the notice of violation 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 $30 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.

[Amended 7-11-1979 by Ord. No. 4-1979; 2-11-1981 by Ord. No. 1-1981; 7-21-2010 by Ord. No. 15-2010; 6-19-2013 by Ord. No. 5-2013; 5-17-2018 by Ord. No. 6-2018]

§ 104-98 Parking restrictions within intersections and at excavations, driveways or fire hydrants.

A. Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with law or the directions of a police officer or official traffic control device, no person shall:

(1) Stop, stand or park a vehicle:

(a) Within an intersection.

(b) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

(2) Stand or park a vehicle:

(a) In front of a public or private driveway.

(b) Within 15 feet of a fire hydrant.

(c) Within 20 feet of a driveway entrance to any fire station or, when properly signposted, on the side of a street opposite the entrance to any fire station within 75 feet of the entrance.

(d) On private property without permission of owner or occupant of premises.

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

(e) In a fire lane which has been so designated in accordance with the provisions of Chapter 57, Fire Prevention, § 57-4F.

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

B. Any person who violates the provisions of § 104-98A(1)(a), (1)(b), (2)(a), (2)(c) or (2)(d) shall be issued a notice of violation and be ordered to pay a fine of $25, 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 $15. If the owner or operator of the motor vehicle fails to respond to the notice of violation 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 $25 within 10 days of the date of the letter. Should the person 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.

[Amended 3-15-2000 by Ord. No. 5-2000; 6-19-2013 by Ord. No. 5-2013; 5-17-2018 by Ord. No. 6-2018]

C. Any person who violates the provisions of § 104-98A(2)(b) and (e) shall be issued a notice of violation and be 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. If the owner or operator of the motor vehicle fails to respond to the notice of violation 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 person 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.

[Added 3-15-2000 by Ord. No. 5-2000; amended 6-19-2013 by Ord. No. 5-2013; 5-17-2018 by Ord. No. 6-2018]

§ 104-99 Stopping and/or standing of vehicles/double parking prohibited on any public street or public alley.

[Added 3-15-2000 by Ord. No. 5-2000[1]]

A. Blocking the flow of traffic on any public street or public alley within the Borough of West Chester by the stopping and/or standing/double parking of any motor vehicle is prohibited, provided that a motor vehicle with a registered commercial motor vehicle license registration may stop and/or stand/double park for a short period of time for the purpose of delivering goods and services.

B. An owner or operator of any motor vehicle stopped, standing and/or double-parked in violation of the provisions of § 104-99A shall be issued a notice of violation and be 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.

[Amended 6-19-2013 by Ord. No. 5-2013; 5-17-2018 by Ord. No. 6-2018]

C. If the owner or operator of the motor vehicle fails to respond to the notice of violation 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.

[Amended 6-19-2013 by Ord. No. 5-2013; 5-17-2018 by Ord. No. 6-2018]

[1] Editor's Note: This ordinance also provided for the renumbering of former § 104-99, Continuation of existing regulations, as § 104-100.