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Township of Lower Paxton, PA
Dauphin County
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Table of Contents
Table of Contents
As used in this article, the following terms shall have the meanings indicated:
TRAILER
A vehicle without motive power, designed to carry property or passengers and to be drawn by a motor vehicle.
TRUCK TRACTOR
A motor vehicle designed and used primarily for drawing other vehicles and not so constructed as to carry a load other than a part of the weight of the vehicle and load so drawn.
No person shall park or let stand any vehicle in any area where official signs or parking regulations prohibit such parking. No-parking zones are hereby established as outlined in Schedule IV of this chapter, and any person found parking in these restricted parking zones shall be issued a parking ticket.
No owner shall allow any person to park or let stand a vehicle in any area where official signs or parking regulations prohibit such parking. No-parking zones are hereby established as outlined in Schedule IV of this chapter, and any owner who delivers possession of his vehicle to any person found parking in these restricted parking zones shall be issued a parking ticket.
[Amended 12-18-1978 by Ord. No. 78-19; 1-6-2003 by Ord. No. 03-01]
A. 
No person, firm or corporation shall barricade, stop a vehicle, park or otherwise block any driveway, passage, entrance, main access routes or exitways to, in, through, about or out of any public building or any place occupied for public use or accommodation, whether upon public or private property, to include the entrance, exit, main accessways and passageways of apartment complexes having eight or more units, so as to interfere with or obstruct the free and unimpeded passage of persons and fire and emergency vehicles into and around such buildings and complexes.
B. 
On private property which is devoted to public use, there shall be maintained one or more unobstructed lanes to provide for the ingress and egress of Fire Department or Emergency Services vehicles, equipment and personnel, such lanes to be a minimum of 20 feet in width and laid out for convenient access from the public thoroughfares and water supplied to the building or buildings. The marking of such lanes shall be performed and maintained by and at the expense of the property owner or occupier.
C. 
All fire lanes serving any building open for public use and all entrance, exit, driveways, accessways and passageways of private apartment complexes having eight or more units shall be designated by official signs approved by the Township. The marking of such fire lanes and the erection and maintenance of such official signs prohibiting or limiting parking or standing in a fire lane shall be at the expense of the property owner.
D. 
All fire lanes on private property shall be kept clear of snow, ice and other matter to allow for the free movement of emergency vehicles. Such removal of snow, ice and other matter shall be at the expense of the property owner and will be completed within 24 hours after snow has ceased falling.
E. 
Establishment of fire lanes.
(1) 
The Public Safety Director, or his designee, is authorized to establish fire lanes on either public or private property within Lower Paxton Township upon finding that either of the following conditions exist:
(a) 
That a fire lane is necessary for safeguarding life and property from the hazards of fire and explosion and for the use and occupancy of buildings, structures and adjacent property.
(b) 
That the fire lane is incident to a school, an apartment complex having eight or more units, a retail, commercial or manufacturing use, or other use where it can reasonably be expected that the public will assemble in sufficient numbers so that the presence of the public and their motor vehicles, if not controlled, will interfere with the operation of firefighting equipment and personnel and the egress of occupants in case of fire.
(2) 
The Public Safety Director, or his designee, is hereby granted the power to designate as a fire lane any area of such property devoted to public or private use or to which the public is invited, including:
(a) 
Any driveway or other area which, in the judgment of the Public Safety Director, or his designee, should be available for use by firefighting equipment or other emergency vehicles or in order to reach the building or buildings on the property in the event of fire.
(b) 
Any area adjacent to or providing access to a fire hydrant, water standpipe, fire department connection or other source of water to be used in the event of fire.
(c) 
Any area adjacent to an exit from a building on the premises or any area which must remain vacant and unoccupied in order to permit free use of such exits.
(d) 
Any other area where the parking of vehicles or placement of any structure or other impediment to free movement of persons and vehicles would interfere with the fighting of a fire on the premises or impede the movement of persons away from the premises in the event of a fire or emergency.
(3) 
The Public Safety Director, or his designee, shall confer with the Traffic Operations Unit of the Lower Paxton Township Police Department when designating any fire lanes in accordance with this chapter.
F. 
Fire lanes; definitions; markings.
(1) 
For the purposes of fire lane enforcement, the following terms are defined:
(a) 
"Fire lane" means an area necessary to provide safety for the public or to provide property access for Fire Department operations in the event of an emergency.
(b) 
"No parking anytime" means that a vehicle may not be parked within the designated area.
(c) 
"No stopping or standing" means that no vehicle may be stopped or standing within the designated zone whether or not attended or unattended, with or without the motor running or brakes set, unless actively loading or unloading passengers or materials.
(2) 
Any and all fire lanes created by prior ordinances are hereby continued in effect. Where repairs or modifications shall be made to any preexisting fire lane, if it is the judgment of the Public Safety Director, or his designee, that such fire lanes are not in conformity with this section and it is further the judgment of the Public Safety Director, or his designee, that it is practical to bring such fire lane into conformity, the Public Safety Director, or his designee, shall require such modifications as deemed necessary. In no case shall modifications be permitted which create a lesser standard than the original approval of said fire lane.
(3) 
Within 30 days of being given notice by the Public Safety Director, or his designee, the owner of the property upon which a fire lane(s) has been designated shall mark the fire lane(s) as follows:
(a) 
Signs 12 inches by 18 inches constructed of metal and with raised red letters a minimum of two inches in size on a white background shall be posted at a level of at least seven feet above grade, indicating "NO PARKING ANYTIME" or "NO STOPPING OR STANDING," at the Public Safety Director, or his designee's, discretion, after giving due consideration to the needs of the fire service and the public. Immediately under these signs shall be another sign 12 inches by six inches indicating "FIRE LANE." Spacing of signs shall be even with a minimum of one sign for every 100 feet of fire lane or part thereof, or as ordered by the Public Safety Director, or his designee, All signs and markings must be unobstructed and visible for a distance of at least 100 feet when viewed from a position approximately five feet above the ground while in the fire lane.
(b) 
Fire lanes immediately adjacent to buildings shall be delineated along their entire length or circumference with two red parallel lines four inches in width and 36 inches apart. Within the area between the red lines shall be marked "FIRE LANE" in red letters 18 inches in height. The number of times this wording is to be repeated shall be at the discretion of the Public Safety Director, or his designee, If the designated fire lane abuts a curb, the curbing that abuts the fire lane shall be marked red in color.
(c) 
Fire lanes for vehicle access shall be a minimum of 20 feet in width or as approved by the Public Safety Director, or his designee, Fire lanes for egress of occupants shall be a minimum of at least the width of the exitway served.
(d) 
(Reserved)
(e) 
Restricted areas. Gates, chains or other methods utilized to prevent unauthorized access to fire lanes must be approved by the Public Safety Director, or his designee, prior to installation, provided such restrictions will not impede access by firefighting apparatus. The Public Safety Director, or his designee, shall determine whether any changes or deviations from the appropriate methods may be utilized.
(f) 
Installation and maintenance. Fire lane markings shall be installed and maintained to ensure their legibility, by the owner of the premises or designee in conformity with the provisions of this chapter. Fire lanes must be accessible for fire apparatus use at all times.
(4) 
It shall be unlawful to obstruct, damage, deface, or restrict the access of any fire lane in Lower Paxton Township. Designated fire lanes shall be maintained free of obstructions, including but not limited to snow and vehicles, at all times.
(5) 
The Public Safety Director, or his designee, shall notify the Police Department and Codes Department in writing of the existence and location of all fire lanes properly designated under this Code.
G. 
Prohibition on parking or obstructing fire lanes.
(1) 
No person shall at any time, park, stop, stand or leave unattended a motor vehicle in any area designated as a fire lane, or shall any person, firm or corporation place or construct any structure in a designated fire lane nor place any obstruction thereon which will impair the free passage and access of firefighting vehicles or firefighters or impair the free use of any exit of any building.
(2) 
Attended motor vehicles found standing or parked in a fire lane shall be immediately moved upon direction of any member of the Police Department or Fire Department.
(3) 
In addition to any penalty to which a violator may be subject, the Public Safety Director, or his designee, or a police officer of the Township shall have the authority to remove or have removed such vehicles as may violate this chapter, at the expense of the owner of the vehicle.
H. 
Fire hydrants and Fire Department connections.
[Amended 11-18-2003 by Ord. No. 03-12]
(1) 
It shall be unlawful to obscure from view, damage, deface, obstruct, or restrict the access to any fire hydrant or Fire Department connection for the pressurization of fire suppression systems, and utility control locations, whether such hydrants or connections are located on public or private property.
(2) 
There shall be a clear radius of three feet around a hydrant or fire department connection to allow for the connection of hose and the rotation of a hydrant wrench. Bumper posts or other protective barriers may be installed outside this radius, but shall maintain a clear path to all discharges.
(3) 
There shall be a ten-foot arc of unobstructed area of around the front and two side discharges of the hydrant or fire department connection to allow for clear visibility and the positioning of apparatus.
(4) 
The Public Safety Director or his designee may approve exceptions to the three-foot radius and ten-foot area around a hydrant or Fire Department connection. Such exceptions shall not unduly affect the operation of or access to fire hydrants or Fire Department connections.
I. 
Notice to remove obstructions. Obstructions, other than motor vehicles, found in fire lanes shall be removed by the owner, occupant or other person in charge of the premises within three days after receipt of written notice of removal issued by the Public Safety Director, or his designee, Upon failure to comply with such notice, the Township may cause the obstruction to be removed and the owner, occupant or other person in charge of the premises shall pay the cost of such removal.
J. 
Notice of lane designation; appeal. Whenever the Public Safety Director, or his designee, designates a fire lane, written notice thereof shall be given to the owner, occupant or person in charge of the premises. Such designation may be appealed within 10 days by filing a written objection to such designation with the Public Safety Director, or his designee. The appeal shall be heard by the members of the Board of Supervisors, a majority of which may affirm, disaffirm or modify the designation and whose decision shall be final.
[Added 12-5-1988 by Ord. No. 88-19]
No person shall park, store or let stand a camper, trailer, boat or any other similar vehicle which is not self-propelled on any public street at any time.
[Added 6-3-1991 by Ord. No. 91-08]
A. 
The parking of truck tractors, truck tractors with trailers and trailers is prohibited on or along any and all public streets in any zoning district according to the zoning classifications and regulations set forth in Chapter 203, Zoning.
[Amended 8-17-1999 by Ord. No. 99-08; 5-5-2020 by Ord. No. 20-03]
B. 
Truck tractors with trailers may be temporarily parked on or along any public street within any zoning district for the purpose of and while actually engaged in loading or unloading property in front of or making local deliveries to premises situate on said street, provided that at least three portable emergency warning devices are displayed upon the roadway at the approach to the vehicle.
[Amended 5-5-2020 by Ord. No. 20-03]
C. 
Notice of parking restrictions shall be provided by means of posted traffic control devices, certified letter, personal service or placing a notice on the windshield or other readily visible location on the vehicle. In absence of a posted traffic control device, this section shall not be enforced by citation unless a notice of violation has been issued to the owner or operator of the vehicle by any means previously enumerated, prior to the date and time enforcement is initiated.
[Added 10-20-1998 by Ord. No. 98-19]
A. 
Certain public streets in residential areas may be subject to vehicle parking from nonresidential uses, therefore depriving the residents whose properties abut said streets of on-street parking spaces in which to park their vehicles. Those streets in residential areas affected by parking from nonresidential uses may also be subjected to a high degree of vehicle traffic, illegal parking, winter maintenance problems, litter and loitering which negatively impacts public safety and welfare within the residential area. The establishment of a resident permit parking program for residential areas adversely affected by vehicle parking from nonresidential uses may facilitate efficient movement of traffic by providing a resident on-street parking preference during certain hours of the day and days of the week.
B. 
In determining that a specific residential area is eligible for the resident permit parking program, the following factors shall be taken into consideration in a study to be undertaken by the Township's Police Department:
(1) 
The possibility of a reduction in total vehicle miles driven in Lower Paxton Township.
(2) 
The likelihood of alleviating traffic congestion, illegal parking, winter maintenance, litter, loitering and related safety and welfare concerns.
(3) 
The availability and proximity of public transportation to the nonresidential uses that generate on-street parking within the residential area.
(4) 
The desire and need of residents of a residential area for the resident permit parking program.
(5) 
The availability of off-street parking to serve the needs of the nonresidential uses generating on-street parking within a residential area.
(6) 
The zoning designation of the residential area as referenced in the Lower Paxton Township Zoning Ordinance.[1]
[1]
Editor's Note: See Ch. 203, Zoning.
(7) 
The ability of individuals going to or from nonresidential uses to safely access vehicles, as pedestrians, parked in residential areas.
C. 
The public streets in a residential area designated for the resident permit parking are those deemed "impacted" and hence eligible for the residential permit parking program, on the basis of the following warrants, as documented by a study undertaken by the Township's Police Department:
(1) 
During any period of a calendar week, between the hours of 7:00 a.m. and 11:00 p.m., the number of vehicles parked (or standing), legally or illegally, on public streets in a residential area shall be equal to 50% or more of the legal, on-street parking capacity of the area. For the purpose of this criterion, a legal parking space shall be 20 linear feet.
(2) 
During the same period as specified in Subsection C(l) above, 10% or more of the vehicles parking (or standing) on the streets in the residential area are not registered in the name of a person residing in the area. For the purpose of this criterion, the latest available information from the Bureau of Motor Vehicles and Licensing of the Pennsylvania Department of Transportation regarding registration of motor vehicles shall be used.
(3) 
The warrants stated in Subsection C(l) and (2) above shall be met on no less than one occasion per calendar week, for not less than two successive weeks. Moreover, a reasonable expectation shall exist that on-street parking in a residential area from nonresidential uses will continue without the institution of the resident permit parking program.
D. 
The public streets in a residential area designated for the resident permit parking may also be those deemed "potentially impacted" and hence eligible for the residential permit parking program, on the basis of the following warrants, as documented by a study undertaken by the Township's Police Department:
(1) 
Residential areas in which parking from nonresidential uses may be reasonably expected to occur should the resident permit parking program be instituted in an impacted area.
(2) 
Residential areas, in which parking from nonresidential uses occurs due to the migration of vehicular parking upon institution of the resident permit parking program in a neighboring residential area.
(3) 
In the determination of a potentially impacted area, the warrants stated in Subsection C above, regarding impacted areas, are not applicable.
E. 
Application for a resident parking permit shall be made to the Police Department by the person desiring the permit, who shall be only the owner or the driver of a motor vehicle who resides on or immediately adjacent to a street or other location designated for the resident permit parking program. A separate application shall be required for each motor vehicle. Each application shall contain the following information:
(1) 
The name of the owner or the driver, as the case may be, of the motor vehicle.
(2) 
The address of the owner or driver, as the case may be.
(3) 
The make, model and registration number of the motor vehicle and the driver number as taken from the applicant's current driver's license. The applicant shall be required, at the time of making application, to present his driver's license and the vehicle registration card.
F. 
Upon receipt of the application and verification that the information within which indicates that the applicant is entitled to participate in the resident permit parking program, the Lower Paxton Township Police Department shall issue a parking permit. Said permit shall be permanently valid, as long as the recipient remains a qualified applicant in possession of the motor vehicle referenced within said application. It shall be unlawful and a violation of this article for any person to display other than the current and valid permit while standing or parking on a public street posted for resident permit parking at any time when permits are to be displayed.
G. 
Temporary parking permits may be issued by the Lower Paxton Township Police Department to bona fide visitors of residents located within an area designated for the resident permit parking program. The Police Department may also issue two temporary resident parking permits to the owner(s) of each single-family dwelling unit located within an area designated for the resident permit parking program.
H. 
Motor vehicles possessing appropriate handicapped designation, as issued by the Commonwealth of Pennsylvania, Department of Transportation, indicating the handicapped status of the owner of the vehicle shall be exempt from the provisions of this article.
I. 
The following provisions govern the use of resident parking permits:
(1) 
Notwithstanding any provision of this section to the contrary, the holder of a resident parking permit shall be permitted to stand or park a motor vehicle operated by him on public streets posted for resident permit parking during those times when permit parking of motor vehicles is permitted in that area. While a vehicle for which a resident parking permit has been issued is so parked, the permit shall be displayed so as to be clearly visible on the vehicle, as directed by the Lower Paxton Township Police Department. A resident parking permit shall not guarantee or reserve to the holder a parking space within a designated resident permit parking area.
(2) 
A resident parking permit shall not authorize its holder to stand or park a motor vehicle in any place where or at any time when stopping, standing or parking of motor vehicles is prohibited or set aside for other specified types of vehicles, nor shall the permit exempt its holder from the observance of any traffic or parking regulation other than resident permit parking restrictions.
(3) 
No person other than the permit holder shall use a resident parking permit or display it on a vehicle. Any such use or display by a person other than the permit holder shall constitute a violation of this article by the permit holder and by the person who so used or displayed the parking permit.
(4) 
It shall constitute a violation of this article for any person to falsely represent himself as eligible for a resident parking permit or to furnish false information on an application to the Lower Paxton Township Police Department in order to obtain a resident parking permit.
J. 
The Lower Paxton Township Police Department shall have authority to revoke a resident parking permit of any permit holder found to be in violation of any provision of this ordinance. Upon written notification to him of the revocation, the permit holder shall surrender the parking permit to the Police Department. Failure to do so, when so requested, shall constitute a violation of this article.
[Amended 2-7-2017 by Ord. No. 17-02]
A. 
For purposes of this section, a "motorized recreational vehicle" is a motor vehicle equipped with living space and amenities found in a home and often referred to as a "motor home" or "recreational vehicle (RV)."
B. 
The parking of a motorized recreational vehicle is prohibited on any and all public streets in any residential district as set forth in the Zoning Ordinance of Lower Paxton.
C. 
A motorized recreational vehicle may be temporarily parked on any public street within a residential district for the purpose of and while actually engaged in loading or unloading in front of the owner's premises. The period of time during which a motorized recreational vehicle is temporarily parked on a public street within a residential district shall not exceed 72 hours.
[Amended 6-20-2017 by Ord. No. 17-09]
D. 
While parked on any public street, it shall be unlawful to occupy a motorized recreational vehicle as living space.
E. 
While parked on any public street, a motorized recreational vehicle may be connected to water and electrical service for the purpose of charging batteries and filling storage tanks. Connections to water and electrical service shall not create a hazard to pedestrians nor shall they impede the flow of travel across any public sidewalk.
[Amended 6-20-2017 by Ord. No. 17-09]
F. 
Notice of parking restrictions shall be provided by means of posted traffic control devices, certified letter, personal service or placing a notice on the windshield or other readily visible location on the vehicle. In absence of- a posted traffic control device, this section shall not be enforced by citation unless a notice of violation has been issued to the owner or operator of the vehicle by any means previously enumerated, prior to the date and time enforcement is initiated.
[Amended 6-5-1978 by Ord. No. 78-4; 4-21-1980 by Ord. No. 80-9; 12-5-1988 by Ord. No. 88-19; 10-20-1998 by Ord. No. 98-19; 8-17-1999 by Ord. No. 99-08; 1-6-2003 by Ord. No. 03-01]
A. 
Any person, firm, or corporation violating any provision of this article dealing with fire lanes shall pay a fine as follows:
(1) 
The sum of $25 for parking in a fire lane, if the same is paid within five days at the Township Building during the hours hereinafter set forth, or upon failure to pay the sum of $25 within the time above-mentioned, then upon summary conviction before a District Justice, be sentenced to pay a fine of $50 and the costs of prosecution, and in default of the payment thereof shall undergo imprisonment for not more than five days.
(2) 
Fines shall be payable at the Township Police Office between the hours of 8:00 a.m. and 7:00 p.m. on Mondays through Fridays. The hours listed above shall be either Eastern Standard Time or Eastern Daylight Saving Time, whichever is in effect throughout the Township.
B. 
Any person, firm or corporation violating any provision of this article relating to parking in restricted zones shall pay a fine as follows:
(1) 
Any person, firm, or corporation who or which causes, allows, permits, or suffers any vehicle to be parked in any zone in which parking is prohibited either by this article or otherwise by law shall pay to the Township an unlawful parking charge in the amount of $10. There shall be a separate unlawful parking charge of $5 for each consecutive separate period of 1/2 hour during which such unlawful parking continues. Failure to pay such unlawful parking charge within five days after such violation will result in an additional late charge of $2.
[Amended 6-15-2004 by Ord. No. 04-10]
(2) 
Whoever parks unlawfully in a restricted zone as provided in this article and fails to pay any unlawful parking charge, including any late charge, shall be, upon conviction thereof, fined $25 and costs and, in default of payment thereof, shall be imprisoned in the Dauphin County Prison for not more than 10 days.
C. 
Any person, firm or corporation violating any provision of this article relating to parking a truck tractor, tractor-trailer, camper, trailer, boat or other similar vehicle on a public street shall pay a fine in the sum of $25 if paid within five days, or upon failure to pay the sum of $25 within the aforementioned time period, then upon summary conviction before a District Justice be sentenced to pay a fine of $50 and the costs of prosecution, and in default of the payment thereof shall be imprisoned in the Dauphin County Prison for not more than five days.
[Amended 5-5-2020 by Ord. No. 20-03]
D. 
Violation of any provision of this article other than a parking provision shall be enforced by action brought before a District Justice in the same manner provided for the enforcement of summary offenses under the Pennsylvania Rules of Criminal Procedure. Any person who shall violate or permit violation of the provisions of this article other than a parking provision shall, upon conviction thereof in a summary proceeding, be sentenced to pay a fine of not more than $1,000 plus costs of prosecution, or 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. Each section of this article that is violated shall also constitute a separate offense.