The Council of the Borough of Kutztown considers it to be in the interest of the citizens of the borough to provide for the establishment of a residential permit parking program in order to alleviate the hardship experienced by residents in certain areas of the borough in obtaining on-street parking space, to preserve the residential quality of neighborhoods and to provide for improvement in air quality. The powers and duties as contained in this article shall be performed by the Mayor and the Police Department of the borough as more fully described in this article.
Certain streets and other public areas within the borough may be designated, as provided for in this article, as permit parking areas in which resident vehicles displaying valid parking permits may stand or be parked without limitation by parking time restrictions established by this article. Vehicles not displaying valid parking permits may stand or be parked for a limited period of time not to exceed the time specified upon adequately posted signs.
No area within the borough shall be designated as a residential permit parking area unless said area is within any one or more of the following zoning districts within the Borough of Kutztown: R-1 Residential, R-2 Low Density Residential, R-3 Medium Density Residential, R-4 Medium High Density Residential or R-5 High Density Residential. In addition, in order for an area to be eligible for residential permit parking designation, the following additional criteria must be satisfied:
A. 
At least 50% of the street level front footage use is non-business-related.
B. 
During any period between the hours of 8:00 a.m. and 5:00 p.m. on weekdays, except holidays, the number of vehicles parked and/or standing, legally or illegally, at on-street parking spaces is equal to 70% or more of the legal on-street parking capacity of the area. For purposes of this evaluation, a legal parking space shall be 20 linear feet.
C. 
During the same period of time as specified in Subsection B above, 10% or more of the vehicles parked and/or standing on the streets in the area are not registered in the name of a person residing within a three-block distance of the location at which the vehicle is parked.
A. 
Areas in residential zoning districts may from time to time be designated by the Mayor of the Borough as residential permit parking areas upon determination by the Mayor; provided, however, that said designation shall not become effective until approved by resolution of Borough Council.
B. 
If an area within a residential zoning district is not an approved residential permit parking area, a majority of the residents within said area may, by filing a petition with Borough Council, request said area to be designated a residential permit parking area. The petition shall be referred by Borough Council to the Mayor of the Borough who may either act in accordance with Subsection A of this section or may refer the petition to Borough Council for its consideration. If the Mayor of the Borough refers the petition to Borough Council, the Mayor shall inform Borough Council whether or not the signatories to the petition constitute a majority of the residents, 18 years of age or older, who reside within the area requested to be designated as a residential permit parking area.
C. 
Under no circumstances shall the Mayor or Borough Council designate an area as a residential permit parking area unless all of the designation criteria hereinabove established in § 212-35 of this article are met. In order to determine whether such designation criteria have been met, Borough Council may designate the Mayor or any duly appointed and designated representative of the Borough to make such studies or surveys as may be appropriate under the circumstances to make such determination and shall report the findings of such study or survey to Borough Council.
D. 
Either the Mayor of the Borough or Borough Council may, prior to acting upon a petition filed in accordance with Subsection B of this section, request the Borough Planning Commission for its recommendation as to whether or not the area in question should be designated a residential permit parking area. Any such recommendation by the Borough Planning Commission shall not be binding upon either the Mayor of the Borough or Borough Council.
Following Borough Council's approval of the Mayor's designation of a residential permit parking area, the Police Department of the Borough shall issue appropriate parking permits and shall cause parking signs to be erected in the designated area indicating the times and conditions under which parking shall be allowed. A parking permit shall be issued only upon application and payment of the applicable fee and only to the owner or operator of a motor vehicle who resides in the designated residential permit parking area. Vehicles exceeding a gross weight of 10,000 pounds and/or 20 or more feet in length are not eligible for parking permits. Two parking permits shall be issued for each residence or dwelling unit within a designated residential permit parking area for which a separate electric meter has been installed if said residence or dwelling unit is situate within an R-1 Residential Zoning District or an R-2 Low Density Residential Zoning District of the Borough, and one parking permit shall be issued for each residence or dwelling unit within the designated residential permit parking area for which a separate electric meter has been installed if said residence or dwelling unit is located within an R-3 Medium Density Residential Zoning District, an R-4 Medium High Density Residential Zoning District or an R-5 High Density Residential Zoning District of the Borough. The parking permit shall be issued to the person in whose name the electric meter is registered; provided, however, that the parking permit may only be issued for a vehicle owned or used by a person residing within the residential permit parking area. To be eligible for a parking permit, residents must prove residency and vehicle ownership or evidence of having a leased or company-owned vehicle. The Mayor of the Borough shall establish criteria for proof of residence.
Each parking permit issued shall be valid for the calendar year for which such parking permit is issued, and in the event that such parking permit is issued during the calendar year, then it shall be valid only for the remainder of said calendar year for which the parking permit is issued. Parking permits may be renewed annually upon reapplication in the manner required by the Police Department of the Borough. Each application or reapplication for a parking permit shall contain information sufficient to identify the applicant, his residence address or address or real property owned or leased by the applicant and located within a residential permit parking area and the license number(s) on the motor vehicle(s) for which application is made and such other information that may be deemed relevant by the Mayor. If the holder of a parking permit acquires a motor vehicle not included in the holder's initial application or transfers a motor vehicle previously included in the holder's application, the holder shall submit to the Police Department of the Borough information concerning the transfer and/or acquisition deemed relevant by the Mayor.
The initial cost for each residential parking permit, whether said parking permit is issued for a full calendar year or any portion thereof, and the cost for each renewal of a residential parking permit shall be set from time to time by resolution of the Borough Council.[1]
[1]
Editor's Note: See Ch. A231, Fees.
Parking permits shall be displayed inside the vehicle for which the parking permit has been issued either on the top of the dashboard of the vehicle or otherwise so that the parking permit shall be visible through the windshield of the vehicle.
The Chief of the Police Department of the Borough is authorized to revoke the residential parking permit of any person found to be in violation of this article, and, upon written notification thereof, the person shall surrender such parking permit to the Police Department of the Borough. Failure, when so requested, to surrender a residential parking permit so revoked shall constitute a violation of law and of this article.
A. 
A resident's vehicle on which is properly displayed a valid parking permit as provided for in this article shall only be permitted to stand or be parked in the residential permit parking area for which the parking permit has been issued without being limited by time restrictions established pursuant to this article. However, said resident's vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this article, and said resident's vehicle shall comply with all other limited or special parking restrictions pertaining to the parking area that may have been or may hereafter be established by other appropriate ordinance or resolution of Borough Council. All other motor vehicles parked within a residential permit parking area shall be subject to the time restrictions provided for in this article as well as the penalties provided for in this article.
B. 
A residential parking permit shall not guarantee or reserve to the holder thereof an on-street parking space within the designated residential permit parking area.
A. 
Except as otherwise designated, on-street parking within residential permit parking areas shall be restricted to a two-hour time limit on streets that now have legal on-street parking. A vehicle bearing a valid residential parking permit for the particular residential permit parking area shall be exempt from the two-hour time limit. The Police Department of the Borough shall cause to be erected appropriate signs to indicate the two-hour time limit and the exclusion of vehicles with residential parking permits. The two-hour limit shall be enforced from 8:00 a.m. to 6:00 p.m. prevailing time, except Sundays and holidays.
[Amended 1-15-2008 by Ord. No. 1-2008]
B. 
Existing parking regulations. As set forth in § 212-42 of this article, all existing parking regulations shall remain in effect. These include but are not limited to: prohibited parking areas, street cleaning restrictions, snow removal restrictions, limited time parking areas and loading zones. Holders of residential parking permits will not be exempt from such regulations.
A. 
(Reserved)[1]
[1]
Editor's Note: Former Subsection A, as amended 1-23-1996 by Ord. No. 1-1996, which set forth penalties for violation of the provisions of this article, was repealed 1-15-2008 by Ord. No. 1-2008.
B. 
It shall be unlawful and a violation of this article for a person to falsely represent himself or herself as eligible for a parking permit or to furnish false information in an application therefor.
C. 
It shall be unlawful and a violation of this article for a person holding a valid parking permit issued pursuant hereto to permit the use or display of such parking permit on a motor vehicle other than that or those for which the parking permit is issued. Such conduct shall constitute an unlawful act in violation of this article both by the person holding the valid parking permit and the person who so uses or displays the parking permit on a motor vehicle other than that for which it is issued.
D. 
It shall be unlawful and a violation of this article for a person to copy, produce or otherwise bring into existence a facsimile or counterfeit parking permit or permits. It shall further be unlawful and a violation of this article for a person to knowingly use or display a facsimile or counterfeit parking permit in order to evade time limitations on parking applicable to a designated residential permit parking area.
E. 
For any violation of any provision described in Subsection B, C or D of this section or § 212-41 above, the person committing the unlawful act shall be subject to a penalty not to exceed $600 and/or imprisonment for not more than 30 days for each such violation.