[HISTORY: Adopted by the Board of Supervisors of the Township of Easttown 4-15-1957 by Ord. No. 34. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 430.
This chapter shall be known and may be referred to as the "Easttown Township Commercial Parking Lot Ordinance of 1957."
The effective date of this chapter shall be May 20, 1957.
From and after the effective date of this chapter, no person, firm, partnership or corporation, unless and only to the extent exempted by § 299-3B or C hereof, shall operate or, if heretofore established, continue to operate a commercial parking lot in Easttown Township without having made application for, receiving from the Township Supervisors and possessing a valid and unexpired permit to engage in such business at the location thereof, nor shall such business be carried on except in compliance with the provisions of this chapter.
Every person, firm, partnership or corporation desiring to engage in or, if heretofore established, to continue to engage in the business of operating a commercial parking lot shall, in making application for the permit required by § 299-2 hereof, file the following with the Township Supervisors:
An application for permit for each parking lot desired or proposed to be operated, on forms to be provided by the Supervisors.
A bond with sufficient surety in the principal amount of $10,000, conditioned for payment by the operator of such commercial parking lot for all loss of or damage to vehicles parked, stored or placed thereon.
The certificate of any reputable insurance company authorized to do business in Pennsylvania certifying that the operator is insured against liability for personal injuries or loss of life in the amount of $25,000 for each person and $50,000 for any one incident, and damage to property in the amount of $3,000 for any one incident, arising out of the ownership, maintenance, operation or use of each such commercial parking lot.
A plan of the parking lot operated or to be operated, drawn to scale, and indicating the spaces to be used for parking, passageways, and entrances to and exits from public roads.
A lighting plan showing the location, mounting height of unit, specific type of unit, lumen value of fixture and method of control of illumination, which said plan shall indicate conformity with the requirements of § 299-4 of this chapter.
Temporary commercial parking lots operated by or in conjunction and concurrently with a function or an event held by an organization or nonprofit corporation exempted from the provisions of, or duly registered pursuant to, the Act of 1925, May 13, P.L. 644, as amended, which operation shall not exceed 12 consecutive days nor more than 30 days in any calendar year and the net proceeds of which are paid directly to such organization or nonprofit corporation, shall not be subject to the provisions of Subsection A(2), relating to a bond; Subsection A(4), relating to a plan; Subsection A(5), relating to a lighting plan; and Subsection A(6), relating to a fee, neither shall they be subject to the provisions of § 299-4, relating to lighting regulations.
Editor's Note: See now the Solicitation of Funds for Charitable Purposes Act, 10 P.S. § 162.1 et seq.
Temporary commercial parking lots, other than those described in Subsection B above and which do not operate longer than 12 consecutive days nor more than 30 days in any calendar year, provided that attendants are maintained on duty during all times when vehicles and parked or stored thereon, shall not be subject to the provisions of: Subsection A(2), relating to a bond; Subsection A(4), relating to a plan; Subsection A(5), relating to a lighting plan; neither shall they be subject to the provisions of § 299-4, relating to illumination requirements, except that, if illumination is used or provided, such illumination shall conform to the provisions of § 299-4 as to maximum footcandles and as to maximum extension of direct rays or beams.
Permits issued hereunder shall be valid until December 31 of the year in which issued and shall be renewed annually, provided that, if no change in the physical condition or facilities of the parking lot has been made during the expired permit period, the plans required by Subsection A(4) and (5) of this section need not be submitted with the application for renewal.
[Amended 9-16-1957 by Ord. No. 35]
Every commercial parking lot, unless and only to the extent exempted by § 299-3B or C above, shall be illuminated between sunset and 2:00 a.m. with artificial illumination producing an effective value of not more than 0.4 of a footcandle nor less than 0.1 of a footcandle over the entire area, which illumination shall be accomplished with adequate shielding so that no direct rays or beams from the sources or fixtures shall extend beyond or be visible at or above ground level at a distance of more than 20 feet beyond the boundaries of the lot.
Every commercial parking lot in Easttown Township shall be maintained in a neat and orderly condition and free from accumulations of dirt, trash and rubbish.
[Amended 10-7-1996 by Ord. No. 293-96]
Any person who violates or permits a violation of this chapter shall, upon conviction in a summary proceeding brought before a Magisterial District Judge under the Pennsylvania Rules of Criminal Procedure, be guilty of a summary offense and shall be punishable by a fine of not more than $1,000, plus costs of prosecution, including reasonable attorneys' fees. In default of payment thereof, the defendant may be sentenced to imprisonment for a term not exceeding 90 days. Each day or portion thereof that such violation continues or is permitted to continue shall constitute a separate offense, and each section of this chapter that is violated shall also constitute a separate offense.