Borough of Lewistown, PA Article V On-Street Metered Parking

§ 233-41 Parking meter zones established; maximum parking time and charge for maximum parking time established.

[Amended 8-8-1988 by Ord. No. 88-4; 8-11-2008 by Ord. No. 2008-4]

Parking meter zones are established upon and along certain streets in the Borough of Lewistown as follows:

A. Fifteen-minute-maximum parking zone:

	Street	Side	Location	Parking Charge for Maximum Parking Time in a Metered Parking Space in the Zone
	East Market Street	Both	1 metered parking space in front of 32 East Market Street; and one metered parking space in front of 33 East Market Street	$0.10
	West Market Street	South	3 metered parking spaces in front of U.S. Post Office	$0.10

B. Two-hour-maximum parking zone:

	Street	Side	Location	Parking Charge for Maximum Parking Time in a Metered Parking Space in the Zone
	Chestnut Street	South	Between Five Points and the intersection of Logan Street/Chestnut Street	$0.20
	East Market Street	Both	Between Main Street and Brown Street (with exception of 15-minute zone in Subsection A)	$0.40
	East Market Street	Both	Between Brown Street and Dorcas Street [6 spaces on each side (12 total) in former bus pull-ins]	$0.40
	North Brown Street	Both	Between East Market Street and the alley between East Market Street and East Third Street	$0.40
	North Brown Street	Both	Between East Third Street and the alley between East Third Street and East Market Street	$0.20
	North Dorcas Street	Both	Between Five Points and North Plaza Drive (and the easterly projection thereof toward Valley Street)	$0.40
	North Dorcas Street	Both	Between East Third Street and North Plaza Drive (and the easterly projection thereof toward Valley Street)	$0.20
	North Main Street	Both	Between Monument Square and the alley between Market Street and Third Street	$0.40
	North Main Street	Both	Between Third Street and the alley between Third Street and Market Street	$0.20
	North Plaza Drive	North	Between North Brown Street and the West entrance to the North Parking Plaza	$0.40
	North Wayne Street	Both	Between West Market Street and the alley between West Market Street and West Third Street	$0.40
	North Wayne Street	Both	Between West Third Street and the alley between West Third Street and West Market Street	$0.20
	South Brown Street	Both	Between East Market Street and the alley between East Market Street and East Water Street	$0.40
	South Brown Street	Both	Between East Water Street and the alley between East Water Street and East Market Street	$0.20
	South Dorcas Street	Both	Between Five Points and South Plaza Drive (and the easterly projection thereof toward Depot Street)	$0.40
	South Dorcas Street	Both	Between East Water Street (and the easterly projection thereof toward Depot Street) and South Plaza Drive (and the easterly projection thereof toward Depot Street)	$0.20
	South Main Street	Both	Between Monument Square and the alley between Market Street and Water Street	$0.40
	South Main Street	Both	Between Water Street and the alley between Water Street and Market Street	$0.20
	South Wayne Street	Both	Between West Market Street and the alley between West Market Street and West Water Street	$0.40
	South Wayne Street	Both	Between West Water Street and the alley between West Water Street and West Market Street	$0.20
	Valley Street	Both	Between the Five Points and the intersection of East Third Street/Valley Street/Marble Street	$0.40
	West Market Street	Both	Between Main Street and Wayne Street	$0.40
	West Market Street	North	Between North Wayne Street and North Grand Street	$0.20
	West Market Street	South	Between South Wayne Street and Juniata Street (with exception of 15-minute zone in Subsection A)	$0.20

C. Twelve-hour-maximum parking zone:

	Street	Side	Location	Parking Charge for Maximum Parking Time in a Metered Parking Space in the Zone
	East Third Street	Both	Between Dorcas Street and North Main Street	$1.20
	North Main Street	Both	Between Third Street and the alley between Third Street and the Woodlawn Parking Lot	$1.20
	North Wayne Street	Both	Between West Third Street and the alley between West Third Street and West Fourth Street	$1.20
	West Third Street	Both	Between North Main Street and North Grand Street	$1.20
	West Water Street	Both	Between South Main Street and Juniata Street (Route 22)	$1.20

§ 233-42 Days and hours when parking meter times and charges are in effect.

[Amended 8-8-1988 by Ord. No. 88-4]

A. A parking meter shall be operated by the deposit of one or more coins in the meter. The parking charge for the maximum parking time permitted in a metered parking space, as well as the parking charges for specified periods of parking time less than the maximum, shall apply at all times between the hours of 9:00 a.m. and 5:00 p.m., Monday through Saturday. No parking charge is imposed on Sundays or legal holidays.

B. Except as provided in this section and in §§ 233-41 and 233-46, and except as provided in Article IV, General Parking Regulations, of this chapter, no maximum parking time in a metered parking space is prescribed.

§ 233-43 Placement and characteristics of a parking meter.

[Amended 8-8-1988 by Ord. No. 88-4]

A parking meter installed in a parking meter zone established by § 233-41 shall be placed upon the curb or sidewalk and immediately adjacent to the individual metered parking space to which the meter relates. The parking meter shall indicate (by a legend on the meter) the parking charge for the maximum parking time permitted in the metered parking space to which the meter relates, as well as the parking charges for specified periods of parking time less than the maximum. When one or more coins are deposited in the parking meter so that the meter is placed in operation, a dial and pointer on the meter (or a digital reader or readout on the meter), or the like, shall indicate the parking time thereby permitted in the metered parking space to which the meter relates, and on the expiration of that time, a mechanical "expired" sign, "violation" sign, or the like on the meter shall indicate the fact that the time has expired.

§ 233-44 Vehicle to be parked wholly within space marked for metered parking space.

A. Lines or other markings shall be painted or placed on the curb, sidewalk or cartway adjacent to each parking meter for the purpose of delineating the metered parking space to which that meter relates. A vehicle parked in a metered parking space shall be parked wholly within the lines or other markings delineating the metered parking space. It shall be a violation of this Subsection A to park a vehicle across any such line or marking or to park a vehicle in such a position that the vehicle is not wholly within the metered parking space designated by the lines or markings.

B. Except as provided in § 233-28 (angle parking) of this chapter, parking on a street in a parking meter zone shall be parallel to the curb. A vehicle parked parallel to the curb shall be parked so that the front of the vehicle is facing in the direction of the traffic lane adjacent to the metered parking space and shall be parked so that the inside or curb-side wheels of the vehicle are not more than 12 inches from the curb. It shall be a violation of this Subsection B to park a vehicle contrary to the provisions of this subsection.

§ 233-45 Deposit of one or more coins in parking meter; overtime parking violation.

When a vehicle is to be parked in a metered parking space during a time when the metered parking times prescribed by § 233-42 are in effect, it shall be the responsibility of the driver of the vehicle, immediately after parking in the metered parking space, to deposit in the parking meter that number of proper coins of the United States of America which (as specified in the legend on the parking meter) is the parking charge for a particular period of parking time. After the coin or coins have been deposited in the parking meter so that the meter is placed in operation, the vehicle may then be lawfully parked in the metered parking space for the permitted parking time indicated by the dial and pointer on the meter. If the vehicle remains in the metered parking space after the "expired" sign, "violation" sign, or the like on the parking meter shows that the permitted parking time has expired, the vehicle shall be deemed to have been parked overtime. The parking of a vehicle overtime shall be a violation of this section.

§ 233-46 Violation to deposit money in meter to extend the parking time beyond maximum parking time.

[Amended 8-8-1988 by Ord. No. 88-4]

It shall be a violation of this section for any person to deposit money (or cause money to be deposited) in a parking meter for the purpose of increasing or extending the parking time of a vehicle in a metered parking space beyond the maximum parking time prescribed by § 233-41. For example, it would be a violation of this section to deposit the coins for the 15 minutes of maximum parking time permitted under § 233-41A and, when the fifteen-minute-maximum parking time has expired, to deposit coins for another 15 minutes of maximum parking time. When the maximum parking time permitted by § 233-41 has expired, the vehicle is to be removed from the metered parking space.

§ 233-47 Unlawful to deposit in meter slug or other substitute for coin.

It shall be unlawful for any person to deposit in a parking meter any slug or other substitute for a coin of the United States of America.

§ 233-48 Ticket and penalty for violation; fine upon prosecution and conviction.

A. Fines.

(1) Any person who violates § 233-44 of this article shall, upon conviction, be sentenced to pay a fine of not more than $15 and the costs of prosecution.

(2) Any person who violates § 233-45 or 233-46 of this article shall, upon conviction, be sentenced to pay a fine of $10 and the costs of prosecution.

[Amended 8-10-2022 by Ord. No. 2022-4]

B. In enforcing and administering § 233-44, 233-45 or 233-46, it shall be the duty of a police officer or a parking enforcement officer of the Borough to report to the Police Department office:

(1) The state license number and the make of a vehicle parked in violation of § 233-44, 233-45 or 233-46;

(2) The number of the parking meter (and thus the number of the metered parking space) where the violation occurred;

(3) The date and time when the violation occurred;

(4) The nature of the violation;

(5) The section which has been violated; and

(6) Any other relevant facts necessary to understand the circumstances attending the violation.

C. In addition to the report to be made under § 233-48B, the police officer or parking enforcement officer shall place on the vehicle a courtesy ticket containing:

[Amended 12-12-2005 by Ord. No. 2005-5; 3-25-2013 by Ord. No. 2013-2]

(1) The information referred to in § 233-48B(1), (2), (3) and (4);

(2) A notice substantially to the effect that the owner or operator of the vehicle may, within seven days after the date noted on the ticket, pay at the Lewistown Municipal Building, as the penalty cost for the violation:

[Amended 10-12-2022 by Ord. No. 2022-5]

(a) For a violation of § 233-44: $10.

(b) For a violation of § 233-45 or 233-46: $10.

(3) And a warning substantially to the effect that, if the penalty cost is not paid within the seven-day period after the date of the ticket, a summons will be issued by a Magisterial District Judge, and a fine will be imposed and costs of prosecution added.

D. An owner or operator who does not pay the penalty cost within the seven-day period set forth in Subsection C shall be subject to prosecution and conviction and to payment of the fine and costs of prosecution under Subsection A of this section.

[Amended 3-25-2013 by Ord. No. 2013-2]

E. Exoneration. For the authority and power of certain designated personnel in the Police Department to exonerate a person who has violated § 233-44, 233-45 or 233-46 from payment of the penalty cost referred to in Subsection C(2) or from prosecution under Subsection D, see Chapter 46, § 46-16.

F. Any person who violates § 233-47 of this article shall, upon conviction, be sentenced to pay a fine of not more than $300 and the costs of prosecution and, upon failure to pay such fine and costs, to imprisonment for not more than 30 days.

§ 233-49 Temporary suspension of parking meter provisions; special-purpose parking spaces.

A. Council may temporarily suspend the provisions of §§ 233-41 through 233-046 for such purposes and for such periods of time as it shall deem necessary or appropriate under the particular circumstances.

B. For the power of Council to establish special-purpose parking spaces in a parking meter zone, see § 233-35 of this chapter.

§ 233-50 Special parking permits.

A. The owner of a vehicle may file an application with the Chief of Police for a commercial parking permit which will allow the parking of the vehicle (for which the application is filed) in an on-street metered parking space without the deposit in the parking meter of the coins required to be deposited by § 233-45. If the Chief of Police is satisfied (upon such evidence as the Chief deems sufficient) that all the criteria in Subsection A(1) or (2) below will be met, the Chief shall approve the application.

(1) The vehicle will be used by the owner, his agents or employees, primarily for carrying and delivering goods or merchandise in connection with the owner's business — and the owner's business is selling, installing or transporting goods or merchandise of the kind carried in the vehicle; or

(2) The vehicle will be used by the owner, his agents or employees, primarily for carrying materials, tools or equipment to a job site in connection with the owner's craft, trade or service business.

B. Clergyman parking.

(1) In order to afford a clergyman the opportunity of parking in an on-street metered parking space which is reasonably convenient or accessible to his residence, church or principal office without the deposit in the parking meter of the coins required to be deposited by § 233-45, the clergyman may file an application with the Chief of Police for a clergy parking permit which will allow the clergyman to park the vehicle (for which the application is filed) in an on-street metered parking space at no charge. If the Chief of Police is satisfied (upon such evidence as the Chief deems sufficient) that all the criteria in Subsection B(1), (2) and (3) below will be met, the Chief shall approve the application.

(2) The clergyman has been ordained by or in a duly constituted religious organization or order (which is recognized as tax exempt by the Internal Revenue Service) to serve that religious organization or order.

(3) The clergyman either resides in the Borough of Lewistown or has his church or principal office in the Borough.

(4) The clergyman owns the vehicle for which the application is filed (or if the clergyman owns no vehicle in his own right, his religious organization or order has provided him with the vehicle for which the application is filed), and the vehicle will be used by the clergyman primarily in connection with his religious or pastoral duties in serving the religious organization or order by or in which he was ordained.

(5) In the interpretation of this Subsection B, the word "clergyman" means a woman as well as a man and includes a minister of the gospel as well as a priest or rabbi.

C. The application for a commercial parking permit or a clergy parking permit shall be in such form and require the disclosure of such information as the Chief of Police may from time to time prescribe. However, the application form shall require not less than the following disclosures: the name, residence address, and business address of the owner of the vehicle for which the application is filed; a description of the vehicle by year, make, model, color, style or class; information sufficiently detailed to satisfy the criteria in Subsection A or B and a statement signed by the owner, under the criminal penalties of § 4904 of the Pennsylvania Crimes Code[1] relating to falsification of an unsworn statement to a public official, that the disclosures are true and complete.

[1] Editor's Note: See 8 Pa.C.S.A. § 4904.

D. Upon the approval by the Chief of Police of an application filed under Subsection A or B and the payment to the Borough of the parking permit fee prescribed by the separate Borough Costs and Fees Schedule[2] adopted by Council, the Chief of Police shall issue the permit.

[2] Editor's Note: The current Borough Costs and Fees Schedule is on file in the Borough's offices.

E. A commercial parking permit or a clergy parking permit may be a decal or metal plate to be displayed on the bumper of the vehicle, a cardboard sign to be displayed in the front or rear window of the vehicle or other like device to be displayed in a conspicuous place on or in the vehicle. The choice of the permit device to be used during a particular year shall be left to the Chief of Police. However, the permit shall be imprinted with a serial number, the name of the Borough, the current year for which the permit is valid, and the term "commercial parking permit" or "clergy parking permit."

F. Upon the filing of a new application with the Chief of Police under Subsection A or B, the approval of that application by the Chief of Police, and the payment to the Borough of the transfer fee prescribed by the Borough Costs and Fees Schedule, a currently valid parking permit may be transferred from the vehicle for which the permit was issued to another vehicle owned by the person to whom the permit was issued or, if the permit device was a decal, a new decal may be issued for the other vehicle upon the removal or obliteration of the decal on the first vehicle. Except as permitted by this Subsection F, a parking permit shall not be transferable to another vehicle or to another person.

G. If a parking permit is lost, stolen, destroyed, mutilated or altered, it shall be the responsibility of the person to whom the parking permit was issued to notify the Police Department of that fact. Upon payment to the Borough of the replacement fee prescribed by the Borough Costs and Fees Schedule,[3] the Chief of Police shall issue a replacement permit.

[3] Editor's Note: The current Borough Costs and Fees Schedule is on file in the Borough's offices.

H. Surrender of permit or decal.

(1) Upon the sale or other transfer of ownership of a vehicle for which a parking permit was issued, it shall be the responsibility of the person to whom the parking permit was issued to remove the permit from the vehicle (or if the permit was a decal, to remove or obliterate the decal and to notify the Police Department of that fact) and to notify the Police Department of the fact that the ownership of the vehicle was transferred. If the parking permit is to be transferred to another vehicle owned by the person to whom the parking permit was issued, the procedure in Subsection F shall be followed.

(2) If the parking permit is not to be transferred to another vehicle, the parking permit (if other than a decal) shall be surrendered to the Police Department and, upon surrender of the parking permit (or evidence satisfactory to the Police Department that the decal was removed or obliterated), the Borough shall refund a proportionate part of the fee paid for the parking permit — based on the number of whole calendar months (excluding any fraction of a month) remaining until the expiration of the current permit year.

(3) In addition to the refund referred to in the preceding Subsection H(2), a refund of a proportionate part of the fee paid for a parking permit may be made by the Borough under such other circumstances as the Borough Manager may deem appropriate and approve. (But see also Subsection J below.)

I. Compliance with other provisions of this chapter. Except for the privilege of parking a vehicle displaying a commercial parking permit in an on-street metered parking space at no charge for a purpose referred to in Subsection A(1) or (2), or except for the privilege of parking a vehicle displaying a clergy parking permit in an on-street metered parking space at no charge for a purpose referred to in the first sentence of § 233-50B, all the provisions, regulations, prohibitions and restrictions of this chapter shall apply to a vehicle for which a parking permit was issued and to the person to whom that parking permit was issued.

J. Violation of the privilege granted by a parking permit.

(1) It shall be a violation of the privilege granted by a commercial parking permit for a vehicle displaying such a permit to be parked in an on-street metered parking space at no charge merely to afford the owner or operator of the vehicle with a parking place which is convenient to his place of business or residence or with a parking place which suits some purpose of his other than a purpose referred to in Subsection A(1) or (2).

(2) It shall be a violation of the privilege granted by a clergy parking permit for a vehicle displaying such a permit to be parked in an on-street metered parking space at no charge merely to afford the clergyman with a parking place which suits some purpose of his other than a purpose referred to in the first sentence of § 233-50B.

(3) If the privilege granted by a commercial parking permit or a clergy parking permit is violated, the Chief of Police may revoke the parking permit. No refund of a proportionate part of the fee paid for the parking permit will be made by the Borough if the parking permit is revoked.

K. Upon the expiration of the current year for which a parking permit was issued, the privilege granted by the parking permit shall expire, and the parking permit shall be removed from the vehicle (or if the permit was a decal, the decal shall be removed or obliterated).

L. Any person who, without justification or legitimate purpose, removes, destroys, mutilates, defaces or alters a parking permit shall, upon conviction, be sentenced to pay a fine of $25 and the costs of prosecution.

§ 233-51 Parking meter covers.

A. A contractor, funeral director, church, commercial establishment, or other person, individual or business may file an application with the Chief of Police for a parking meter cover which will allow the parking of a vehicle (and in certain cases, the location of equipment, materials, supplies or the like) in a certain designated on-street metered parking space without the deposit in the parking meter of the coins required to be deposited by § 233-45. If the Chief of Police is satisfied (upon such evidence as the Chief deems sufficient) that the criteria in Subsection A(1), (2), (3) or (4) below will be met, the Chief shall approve the application.

(1) The vehicle will be used in connection with the demolition, construction, alteration, repair or other like work involving a property located within or adjacent to a parking meter zone.

(2) The equipment, materials, supplies or the like will be kept temporarily on street for use in connection with work of the type referred to in Subsection A(1) above or the equipment, materials, supplies, or the like will be kept temporarily on street for use in connection with supplying a commercial establishment (located within or adjacent to a parking meter zone) with inventory during a promotional sale, grand opening, or the like.

(3) The vehicle will be used in a funeral cortege or for a wedding party or for some other like purpose or event.

(4) The vehicle will be used in a public event or for a purpose related to the public welfare.

B. The application for a parking meter cover shall be in such form and require the disclosure of such information as the Chief of Police may from time to time prescribe. However, the application form shall require not less than the following disclosures: the name and residence address or business address of the applicant (or the person for whose benefit the parking meter cover is to be issued, if different from the applicant); information sufficiently detailed to satisfy the criteria in Subsection A; and a statement signed by the applicant, under the criminal penalties of § 4904 of the Pennsylvania Crimes Code[1] relating to falsification of an unsworn statement to a public official, that the disclosures are true and complete.

[1] Editor's Note: See 18 Pa.C.S.A. § 4904.

C. Upon the approval by the Chief of Police of an application filed under Subsection A and the payment to the Borough of the parking meter cover fee prescribed by the Borough Costs and Fees Schedule,[2] the Chief of Police shall issue the parking meter cover. In issuing a parking meter cover, the Chief of Police may impose such conditions and safeguards as he may deem necessary or appropriate to ensure the safety of property or the safety of neighbors or the public.

[2] Editor's Note: The current Borough Costs and Fees Schedule is on file in the Borough's offices.

D. A parking meter cover shall not be used in any metered parking space other than the one for which it was issued and shall not be used by any person other than the person for whose benefit it was issued.

E. If the privilege granted by the parking meter cover is violated, the Chief of Police may revoke the parking meter cover.

F. Upon the expiration of the period for which a parking meter cover was issued, the privilege granted by the parking meter cover shall expire and the parking meter cover shall be removed from the parking meter and either surrendered to the Police Department or destroyed, as the Chief of Police may direct.

G. Any person who, without justification or legitimate purpose, removes, destroys, mutilates, defaces or alters a parking meter cover while it is validly in place on a parking meter shall, upon conviction, be sentenced to pay a fine of $25 and the costs of prosecution.