[HISTORY: Adopted by the Borough Council of the Borough of East Stroudsburg as indicated in article histories. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 150.
[Adopted 8-2-2005 by Ord. No. 1163, approved 8-2-2005; amended in its entirety 7-31-2014 by Ord. No. 1288, approved 8-2-2014]
This Residential Permit Parking Program is enacted to mitigate the serious adverse effects of congestion associated with on-street parking of motor vehicles by nonresidents upon roadways within certain areas and neighborhoods of East Stroudsburg Borough. Such long-term parking by nonresidents displaces resident parking, impairs the health, safety, and welfare of all East Stroudsburg Borough residents, and negatively impacts the aesthetic appearance of residential neighborhoods. The provisions of this article set forth procedures for the establishment and enforcement of residential permit parking districts within the Borough of East Stroudsburg.
Unless the context clearly requires a different meaning, the meanings given for the following terms shall apply when used in this article:
- DESIGNATED RESIDENTIAL PERMIT PARKING DISTRICT
- Any roadway upon which Borough Council imposes parking limitations pursuant to the authority granted by this article; sometimes referred to as "residential permit parking district."
- MOTOR VEHICLE
- Any automobile, truck, motorcycle, or other motor-driven form of transportation not in excess of 9,000 pounds gross weight.
- NONRESIDENT VEHICLE
- Any motor vehicle not eligible to be issued a residential parking permit pursuant to the terms and conditions of this program for the specific area in which it is parked.
- PARKING PERMIT
- A permit issued under the provisions of this article.
- Includes but may be limited to individuals, corporations, businesses, partnerships, hospitals and churches.
- A legal residential address, which shall exclude business addresses.
- Any person 18 years of age or older whose legal residential or business address is in the designated residential permit parking area.
There are two areas designated as residential permit parking districts, designated as "Blue" and "Yellow" Permit Parking Districts. Permit holders are only permitted to park in the area that corresponds with the color of their permit decal during the hours that the residential permit parking restrictions are in effect.
The "Blue" Permit Parking District contains the following streets or roads: Analomink Street; Drake Street; Hoffman Street; Fairview Street; Penn Street; Prospect Street (from Elk Street north to Nos. 57/58); Ransberry Avenue; South Green Street and Stemple Street.
The "Yellow" Permit Parking District contains the following streets or roads: Braeside Avenue; Brodhead Avenue; Centre Street; East Brown Street (from Prospect Street west to its terminus); Elk Street; Merten Street; Orchard Street; and Ridgeway Street.
Except for motor vehicles displaying a valid residential parking permit or a valid visitor's pass, it shall be unlawful for any person to park any motor vehicle, or allow any motor vehicle to be parked, in a residential permit parking district from Monday 6:00 a.m. through and including Friday 6:00 p.m. Residential parking permit holders and visitors with passes shall comply with all other vehicle control and parking regulations or restrictions in effect for the street included within the parking district. Commercial vehicles actively engaged in providing a service to a dwelling unit in a permit parking district are not required to have a parking permit while providing the service.
A maximum of three residential parking permits per dwelling unit shall be issued to the legal residents of such dwelling unit who own a registered vehicle and who reside in a dwelling unit on any street or road within a designated residential permit parking district in the Borough. (See definition of "legal resident" and "dwelling unit" under the Zoning Code). It shall be a violation of this article for any legal resident who moves from the residential permit parking district during the pendency of a permit period to continue to utilize the residential parking permit beyond the period of legal residency. Residential parking permits may be obtained by filling out an application and payment of the applicable fee at the Borough office during normal business hours. The application at a minimum will require the applicant's name; date of birth; driver's license number; vehicle license plate number, year, make/model and color; and proof of residency as set forth in § 151-5B. The Borough reserves the right to amend the required application information from time to time as needed.
Only three residential parking permits will be issued per dwelling unit, except as provided in § 151-5G below. A property owner must demonstrate proof of ownership of the dwelling unit at the time of application. If an application is submitted by a tenant, the tenant must present a valid form of picture identification and a valid lease for the dwelling unit with the application. All applications must be fully completed at the time of submission. Partially completed applications will not be accepted by the Borough.
[Amended 11-20-2018 by Ord. No. 1333, approved 11-20-2018]
Residential parking permits shall be issued for a fixed, two-year period, commencing January 1, 2014, and expiring at midnight December 31, 2015, and thus continuing every two years thereafter, upon new application.
The biannual permit fee for a residential parking permit shall be established from time to time by resolution of Borough Council and shall be payable at the time the application is submitted. In the event an application is made for any period less than 365 days from the date of expiration of the permit, the fee, upon application, shall be 1/2 the initial permit fee.
A permit decal shall be issued by the Borough for each registered vehicle, which shall be affixed to the outside of the front windshield of the vehicle, in the lower left portion above the state inspection sticker. Each vehicle to which a parking permit is issued shall be used exclusively by that vehicle and shall not be transferable. In the event that a vehicle is damaged, sold or otherwise disposed of during a permit cycle, the owner of the vehicle for which the permit is issued may obtain a new permit decal at no cost upon tendering the previously issued permit decal to the Borough. Lost, stolen or misplaced decals may be replaced by submitting an affidavit, subject to perjury, that the decal has been lost, stolen or misplaced and that it is no longer in use. A charge of $5 shall be made for every lost, stolen or misplaced permit decal. In the event a parking permit is issued for a vehicle where the tenant no longer resides, the landlord may return the previously issued parking permit and provide a new application, and a parking permit will be issued for the balance of its term. The fee for this process shall be as set forth in Subsection D above. No new parking permits will be issued for a dwelling unit unless this process or the process regarding lost, stolen or misplaced decals as set forth above is followed.
[Amended 11-20-2018 by Ord. No. 1333, approved 11-20-2018]
A residential parking permit shall not be issued for any vehicle or person for which one or more unpaid tickets or citations have been issued by the Borough for parking violations.
[Amended 11-18-2019 by Ord. No. 1333, approved 11-20-2018]
A property owner may make application to the Code Enforcement Officer (CEO) for the issuance of a fourth residential parking permit. The property owner must submit a sketch plan, to scale, that provides evidence that there are unique physical circumstances or conditions, including irregularity, narrowness or shallowness of lot size or shape, or exceptional topographical or other physical conditions peculiar to the subject property that would preclude the development of legal off-street parking on the property. Having more registered vehicles than allowable residential parking permits alone shall not be deemed a sufficient reason for issuance of a fourth residential parking permit. The sketch plan shall be reviewed by the Borough Engineer. A property owner whose application for a fourth residential parking permit is denied by the CEO may appeal the decision to Borough Council. Costs of the application for a fourth permit and the Borough Engineer's review shall be as set forth by resolution of Borough Council.
Borough Council may by resolution adopt further rules and regulations for the issuance and use of residential parking permits.
In addition to the residential parking district permit, each dwelling unit in a residential parking district making application shall receive one visitors' pass. The purpose of a visitors' pass is to allow the temporary transient visit to a dwelling unit by nonlegal residents. Visitors' passes shall not be used by legal residents as a permanent parking pass. Visitors' passes may only be used for visits to the dwelling unit for which they are issued. Persons using a visitors' pass may only utilize the pass to park upon the street on which the dwelling unit is located, with the following exceptions as provided below for streets in the residential parking district that prohibit on-street parking in their entirety all or part of the time:
Visitor parking for dwelling units located on Analomink Street shall be permitted on South Green Street; visitor parking for dwelling units located on Ridgeway Street shall be permitted on Brodhead Avenue; visitor parking for dwelling units located on Prospect Street shall be permitted on Fairview Street and Penn Street; and visitor parking for dwelling units located on Braeside Avenue shall be permitted on Brodhead Avenue on Thursdays.
A medical Visitors' pass may be obtained for healthcare providers of any resident for a period not to exceed one year, upon the filing of an application and a written doctor's note setting forth the need for visiting home healthcare. If an owner is unable to make application, the application can be made on owner's behalf by a family member or the healthcare provider providing the service.
A visitors' pass, when issued by the Borough, shall be on a cardboard placard and shall be the same color as the color designated for the parking district in which the dwelling unit is located. The visitors' pass shall be prominently displayed on the front passenger's side dashboard of the vehicle. Visitors' passes shall set forth the date of issuance, date of expiration and property address. Visitors' passes bearing any alteration shall be void, and persons altering a visitors' pass or in possession of an altered visitors' pass shall be subject to enforcement and penalties as set forth in §§ 151-7 and 151-8 below.
[Amended 11-20-2018 by Ord. No. 1333, approved 11-20-2018]
In addition to the provisions set forth in §§ 151-4 and 151-5 of this article, the following actions are strictly prohibited:
Any unauthorized person who creates, copies, duplicates or alters a residential parking permit or visitors' pass shall be subject to the provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 4101, in addition to the violations and penalties provisions as set forth in § 151-8 of this article.
Any person in possession of a residential parking permit or visitors' pass that has been illegally created, copied, duplicated or altered shall be subject to the provisions of the Pennsylvania Crimes Code, 18 Pa.C.S.A. § 4101, in addition to the violations and penalties provisions as set forth in § 151-8 of this article.
Except as set forth in § 151-8B below, any person who violates or fails to comply with this article shall be assessed a fine of $80. If payment of the fine is not made within seven days of the notice of violation, the cost of the fine shall increase to $100, plus any necessary court costs. All such offenses left unresolved are summary in nature, and violators shall, upon conviction for each and every violation, be sentenced to pay a fine of not more than $600 or imprisonment for not more than 30 days, or both.
Any person who violates or fails to comply with § 151-7 of this article shall, upon conviction, be guilty of a summary offense, the penalties for which shall include imprisonment for no more than 90 days and/or fines prescribed as follows: