[HISTORY: Adopted by the City Council of the City of New Kensington:
Art. I, 8-9-1977 by Ord. No. 5-77 as Part 5, Art. 521 of the 1977 Code; Art.
II, 7-28-1982 as Ord. No. 4-82. Amendments noted where applicable.]
[Adopted 8-9-1977 by Ord.
No. 5-77 as Part 5, Art. 521 of the 1977 Code]
As used in this Article, the following words shall have the meanings
herein specified in this section unless otherwise clearly indicated:
A portion of the off-street parking facilities specified and marked
off sufficient to accommodate a parked vehicle.
The areas of land in the city commonly known as the "municipal parking
lots" which are improved, paved, lighted, marked off into individual parking
spaces and in some instances equipped with parking meters for use in parking
vehicles and in some instances serviced by a parking attendant or attendants
and all other similar facilities which may be later designated, improved,
etc.
The standing of a motor vehicle in any of the off-street parking
facilities, whether such vehicle is occupied or not by an operator, for a
period in excess of one (1) minute.
A device which shall indicate the length of time during which a vehicle
may be parked in a particular individual parking space, which shall have as
a part thereof a receptacle or chamber for receiving and storing coins representing
currency of the United States of America or for receiving and storing a slug
or token duly issued and authorized by the Municipal Parking Authority of
the city, a slot or place in which such coin, slug or token may be deposited
and a timing device to indicate the passage of an interval of time during
which parking is permissible and which shall also display an appropriate signal
when the interval of time has elapsed and brief instructions as to the operation
of the parking meter.
Any device, machine or equipment in which any person or property
is, or may be, transported upon a public highway, except such as are motivated
or propelled exclusively by human power.
The individual parking spaces shall be set out and marked off, and each
vehicle must be parked entirely within the individual parking space. It shall
be unlawful and a violation of this section for anyone to park any vehicle
across or beyond the line or marking designating an individual parking space
or for a vehicle to be parked in any way that the same shall not be wholly
within an individual parking space as designated by lines or marking.
On the off-street parking facilities or on any of the off-street parking
facilities there may be installed in the immediate vicinity of each individual
parking space a parking meter which shall be under the management, supervision
and control of the city or the Municipal Parking Authority of the city or
other persons designated by the city.
Whenever a vehicle is parked in an individual parking space in the off-street
parking facilities where a parking meter has been installed, the person parking
such vehicle shall deposit one (1) or more coins of United States of America
currency or one (1) or more slugs or tokens as duly authorized and issued
by the Municipal Parking Authority of the city in the parking meter, depending
on the time that person desires to use that individual parking space. Whenever
a vehicle is parked in an individual parking space upon an off-street parking
facility where a parking meter has not been installed, the person parking
and/or the owner of such vehicle shall become liable for a parking fee under
the parking rates established.
A.
Parking rates for parking vehicles in the individual
parking spaces in the off-street parking facilities shall be established by
the Municipal Parking Authority and approved by resolution of Council.
B.
The rates shall apply at any and all times for the twenty-four-hour
day and every day in the year.
C.
No vehicle shall be parked in the same individual parking
space in or on any of the off-street parking facilities for a continuous period
of over twenty-four (24) hours.
D.
Any parking in or on the off-street parking facilities
in violation of the above regulations is a violation of this section.
Any vehicle which remains in an individual parking space in or on the
off-street parking facilities after the prescribed time for parking has elapsed
is hereby determined to be illegally parked. Each additional hour that a vehicle
remains in an individual parking space after the prescribed time for parking
has elapsed shall be deemed an additional violation.
A.
All parking is prohibited in any parking space where a meter is installed which displays a signal showing that parking is not permitted unless a deposit of one (1) or more coins of United States of America currency or one (1) or more tokens or slugs duly authorized and issued by the Municipal Parking Authority has been made as provided in § 147-4. Any vehicle parking in contravention of this provision shall be deemed to be illegally parked. The fact that a vehicle is in an individual parking space when the time signal on the parking meter servicing such space shows no parking permitted unless a deposit of a proper coin, slug or token has been made, as herein provided, shall be deemed prima facie evidence of the unlawful parking of the motor vehicle by its operator and/or owner. The elapse of one (1) hour from the time reported on the notice to the owner or operator of a motor vehicle or an additional notice or notices to the owner or operator of a motor vehicle shall be deemed prima facie evidence of an additional violation of the parking of the motor vehicle by the operator or owner.
B.
All parking is prohibited in any parking space in or
on the off-street parking facilities which are unmetered unless an attendant
or attendants is on duty. Any vehicle parking in contravention to this provision
shall be deemed to be illegally parked. The elapse of one (1) hour shall be
deemed an additional violation, and each additional hour shall be deemed an
additional violation, and such unlawful parking upon the off-street parking
facilities shall be deemed prima facie evidence of the violation by the owner
or operator.
No person who owns a vehicle shall cause, allow or permit such vehicle
registered in the name of or in the possession of or operated by such person
to be parked in violation of any provision of this Article.
No person shall deface, injure, tamper with, open or willfully break,
destroy or impair the usefulness of any parking meter or parking meter stand
or coin depository or courtesy box installed under the provisions of this
Article.
No person shall deposit in any parking meter any slug, device or metallic
substance or other substitute for a coin of United States currency or a token
or slug duly authorized and issued by the Municipal Parking Authority.
This Article shall be construed as a supplement to the general traffic
regulations and all other ordinances of the city regulating the traffic, parking
of vehicles and use of streets in the city which are in force and effect except
insofar as modified by the provisions of this Article. Any authority heretofore
or hereafter exercised by the city under any ordinance, rule or regulation
restricting or prohibiting parking shall in no manner be affected by this
Article or any provision thereof. The purpose of this Article is to aid and
assist the flow and control of traffic in the congested area of the Business
District of the city and it shall be so construed.
A.
B.
Each owner or operator of a vehicle to which has been attached a notice that such vehicle has been parked in violation of the provisions of this Article in regard to parking in off-street parking facilities may, within three (3) hours of the time such notice of violation was attached to such vehicle, discharge and satisfy the penalty for such violation by depositing fifty cents ($0.50), or within seven (7) days by depositing two dollars ($2.), in the depository or receptacle, called a courtesy box, placed for such purpose in the off-street parking facility. Each owner or operator who fails to discharge and satisfy the penalty as above described within the seven-day period shall then be subject to the penalty imposed by Subsection A hereof.
[Adopted 7-28-1982 as Ord.
No. 4-82]
This Article shall be known and may be cited as the "Commercial Parking
Regulation Ordinance."
As used in this Article, unless the context indicates clearly a different
meaning, the following words and phrases shall have the meanings set forth
below:
The City of New Kensington.
Any place within the city, whether wholly or partially enclosed or
open, at which motor vehicles are parked or stored for any period of time
in return for a consideration, not including any parking area or garage to
the extent that it is provided or leased to occupants of the premises for
use only in connection with, and as accessory to, the occupancy of such premises
without the payment of any parking fee or charge.
Refers to consideration received upon an express or implied contract
or under a lease or otherwise, whether or not separately stated and whether
or not paid, provided or allowed by the person on whose behalf the motor vehicle
is parked or stored or by some other person.
Any natural person who drives a vehicle to, into or upon a commercial
parking place as herein defined.
Any natural person, partnership, unincorporated association or corporation.
Whenever used in any provision prescribing a fine or a penalty, the word "person,"
as applied to partnerships, shall mean the partners thereof, as applied to
unincorporated associations, shall mean the members thereof and, as applied
to corporations, shall mean the officers thereof.
Any person conducting the operation of a parking place or receiving
the consideration paid for the parking or storage of motor vehicles at such
parking place.
The Ordinance Officer of the City of New Kensington.
Any place within the city having fifty thousand (50,000) square feet
under roof with adjacent parking spaces for which a monetary fee is charged
for parking.
No operator shall conduct any commercial parking place without obtaining
an annual license for each parking place as required by this Article. Every
person who intends to begin operating a parking place shall obtain a license
for such parking place from the Ordinance Officer of the City of New Kensington
before beginning such operation. Subject to the provisions of this Article,
each license shall remain in effect until the end of the calendar year for
which it was issued and must be renewed for the ensuing year. Failure to obtain
such license shall subject the operator and the owner of such commercial parking
place to the fines and penalties provided herein.
To obtain and to renew the annual license for each parking place, every
operator or applicant shall file an application with said Ordinance Officer
in the form prescribed by said Ordinance Officer. The application shall be
accompanied by the following:
A.
A certificate of insurance showing that the applicant
has secured, for the year involved, public liability insurance covering the
parking place with limits of not less than one hundred thousand dollars ($100,000.)
for personal injuries and of not less than five hundred thousand dollars ($500,000.)
for property damage.[1]
B.
Required elements.
(1)
A sketch or plot plan shall be provided showing the titled
owner of the premises; the name of the operator; the location, size and vehicle
capacity of the parking place; the location and size of driveways, entrances
and exits and their proximity to sidewalks, structures and intersections;
the location where signs are to be posted and the character and size thereof;
the character of curbing, fencing, walls or other enclosures surrounding the
lot; and such other pertinent information as may be required by the Ordinance
Officer. The Ordinance Officer may permit the omission of such sketch or plot
plan in an application for renewal of a license where no changes have occurred
since the issuance of the prior license in the ownership of the premises,
the identity of the operator and the physical characteristics above mentioned,
upon the submission of a sworn affidavit by the applicant.
A.
If the application meets the requirements of this Article
and of any other applicable ordinance, the Ordinance Officer shall issue a
license to the applicant. At the time of issuance of an annual license, a
license fee shall be charged based on the number of parking spaces in each
commercial parking place or parking place at the rate of two dollars ($2.)
per parking space per month. No license shall be required unless the commercial
parking place or parking place provides for the parking of three (3) or more
vehicles.
B.
Any shopping center charging a monetary fee for parking
shall be considered a commercial parking place and subject to the provisions
of this Article. If a monetary fee is charged for some of the parking and
no monetary fee is paid by customers of the stores within said shopping center,
then it shall be presumed that one-third (1/3) of the parking spaces shall
constitute a commercial parking place, and a license fee shall be charged
based on one-third (1/3) of the number of parking spaces in such shopping
center. Any shopping center owner who is aggrieved by such presumption may
appeal to the Code Hearing Board for adjustment.
C.
No license shall be transferred from one operator to
another or from any commercial parking place to another.
Every operator shall post and maintain, in a conspicuous place at each
entrance to each parking place, a sign showing the schedule of rates charged,
the operator's name and address and the operator's license number printed
in letters of such size and character as to be readily readable by prospective
patrons.
The operator shall maintain each parking place in such condition as
not to constitute a hazard to the patrons thereof or the motor vehicles parking
therein and shall also comply with the following requirements:
A.
Parking and driving areas shall be of smooth, compact
surfacing and parking stalls shall be painted thereon.
B.
Commercial parking places located on open lots shall
be properly enclosed by fence, curbing or other barrier of like nature and
maintained with bumper protection for sidewalks and adjacent property.
C.
Entrances and exits to and from parking places shall
be plainly marked and so situated as to avoid obstructing traffic on the abutting
street and to prevent interference with or obstruction of pedestrian traffic
on the sidewalk.
D.
Commercial parking lots located on open lots shall not
be designed so as to permit vehicles parked on such lots to back into any
public street, avenue or alley or other public thoroughfare.
No operator shall permit any motor vehicles brought to any commercial
parking place to be parked on a street or sidewalk.
The Ordinance Officer may adopt such regulations, not inconsistent with
this Article, as are necessary or proper for the administration and enforcement
of its provisions.
The Ordinance Officer may revoke any license issued to any operator
who violates any provision of this Article or of any regulations adopted hereunder
and may reinstate the same if compliance is thereafter assured.
It shall be illegal for any vehicle to park upon an unlicensed commercial parking place or parking place as defined at § 147-14 above, and the operator and/or owner of such vehicle shall be subject to prosecution and, upon conviction, shall be liable for a fine as hereinafter provided.
Any person who violates any provision of this Article or any regulation
adopted pursuant to it shall, upon conviction thereof before any District
Justice, be liable for a fine of not more than six hundred dollars ($600.),
plus costs of prosecution, and, in default of payment, shall be imprisoned
for a term not to exceed ninety (90) days. Each day of such violation shall
be considered a separate offense.
