Amending Code Extending Time Restrictions On Street Parking to 8PM

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Drafted byLaw Deparment
Sponsored by/Referred by
Introduced onNov 14, 2016
Advertised onNov 21, 2016


BILL No. 62 - 2016


AN ORDINANCE


AMENDING THE CITY CODE, CHAPTER 576, VEHICLES AND TRAFFIC, BY AMENDING PART 4, STOPPING AND PARKING, SECTION 417, RESIDENTIAL PERMIT PARKING, TO EXTEND TIME RESTRICTIONS FOR ON-STREET PARKING IN RESIDENTIAL PARKING ZONES TO 8:00 P.M.

THE CITY OF READING HEREBY ORDAINS AS FOLLOWS:


SECTION 1. Amending the City Code, Chapter 576, Vehicles and Traffic, by amending Section 417, Residential Parking Permits, to extend time restrictions for on-street parking in residential parking zones to 8:00 p.m., as attached in Exhibit A.


SECTION 2. All relevant ordinances, regulations and policies of the City of Reading , Pennsylvania not amended per the attached shall remain in full force and effect.


SECTION 3. This ordinance shall be effective ten (10) days after passage.


SECTION 4. If any section, subsection, sentence or clause of this ordinance is held for any reason to be invalid such decision shall not affect the validity of the remaining portions of the Ordinance.





EXHIBIT A


Part 4


Stopping and Parking


§576-417. Residential permit parking.


  1. Purpose. The City Council of the City of Reading considers it to be in the interest of the citizens of the City to provide for the establishment of a residential permit parking program in order to alleviate the hardship experienced by residents 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 section shall be performed by the Parking Authority.

  2. Residential permit parking program. The Parking Authority is hereby authorized to designate, subject to approval by the City Council as herein provided, certain streets and other public areas within the City 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 Part. Vehicles not displaying valid parking permits may stand or be parked for a limited time not to exceed the time specified upon adequately posted signs.

  3. Designation of residential permit parking areas. A residential area shall be considered for designation as a residential permit parking area, provided that designation criteria established by this Part be satisfied and that City Council, through enactment of an ordinance, authorize the posting of appropriate signs specifying limits and period of the day for its application.

  4. Designation criteria. A residential area shall be deemed impacted and thereby eligible for residential permit parking provided that the following criteria are satisfied:

    1. In areas zoned other than Commercial Core District, the following criteria must be met:

      1. At least 50% of the street level, front footage use is residential or non-business related.

      2. During any period between the hours of 8:00 a.m. and 6:00 p.m. on weekdays except holidays, the number of vehicles parked and/or standing, legally or illegally at on-street parking spaced, 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 lineal feet.

      3. During teh same time period as specified above, 10% or more of the vehicles parking 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.

      4. On streets where there are parking meters and/or time restricted parking in Subsection D(1)(b) and (c) are not criteria for designation.

    2. In areas zoned Commercial Core District, the following criteria must be met:

      1. At least 80% of the street level front footage abutting the street designated must have a residential or non-business-related use.

      2. During any period between the hours of 8:00 a.m. and 6:00 p.m. on weekdays except holidays, at least 80% of all occupied on-street parking spaces are occupied by vehicles registered in the name of the person residing within three blocks of the location at which the vehicle is parked.

      3. If the above criteria is not met at any time, the Reading Parking Authority shall notify City Council. City Council may consider revoking the residential parking permit status for that street.

  5. Designation process.

    1. If the area in question is not an approved residential permit parking zone and a sufficient number of residents have requested it to be a residential permit parking zone, then the Parking Authority will schedule and administer a public hearing. For this hearing, every resident and property owner of the proposed plan area shall be notified by mail. On the basis of testimony taken, City Council shall not designate the areas as an official residential permit parking area.

    2. On blocks or portions thereof within a residential parking permit zone where parking meters and/or time-restricted parking already exists, the Parking Authority may designate the area as a residential permit parking block.

    3. On blocks or portions thereof within a residential parking zone where no parking meters and/or time restricted parking exists, the following process is to be followed:

      1. A block or portion thereof may be considered as a potential residential parking block or portion thereof upon the receipt by the Parking Authority of verified petitions from residents of that block or portion thereof. A separate petition must be filed for each block and in order for the petition to be valid, it must contain the signatures of the majority of households in that block.

      2. The Parking Authority shall conduct surveys of potential residential parking areas to determine the following:

        1. The number of legal on-street spaces occupied by parked vehicles during an average weekday on each block in the area.

        2. The number of legal on-street spaces occupied by parked vehicles during an average weekday on each block in the area. Two surveys will be made on different days of the week and at different times of the day. One observation will be made in the early part of the day.

        3. The number of parked vehicles in the areas which are registered to addresses of persons who do not live in the area.

      3. If all designation criteria for a particular block has been satisfied, the Parking Authority shall direct the Division of Traffic Engineering to erect, or cause to be erected, signs on the designated block indicating that parking beyond the stipulated hours is by permit only. This restriction shall be considered a temporary traffic regulation subject to approval by City Council.

  6. Issuance of parking permits. The following City Council approval of the designation of a residential permit parking area, the Parking Authority may issue appropriate permits and shall cause parking signs to be erected in the areas indicating the times and conditions under which parking should be allowed. A permit shall be issued upon application and payment of the applicable fee, only to the owner or operator of a motor vehicle who resides in appropriate residential permit parking area. A separate permit shall be required for each motor vehicle. Commercial vehicles are not eligble for permits. Eligibility for a permit shall be as follows:

    1. Residents. The resident must prove residency and vehicle ownership or evidence of having a leased or company owned vehicle. The Parking Authority shall establish criteria for proof of residence. A separate application shall be required for each vehicle and each application shall be accompanied by permit fee.

    2. Visitors. Special permits may be issued to visitors for a period of time not to exceed 14 days. No resident of a residential permit parking area shall be issued more than two visitor permits at any time.

    3. Residents living in the Commercial Core District have the option of purchasing a permit to park in an adjacent designated area.

  7. Display of permit. Permits shall be displayed from the front windshield rearview mirror so as to be readily visible to enforcement personnel.

  8. Permit parking exemption. A resident vehicle on which is displayed a valid parking permit as provided for herein shall be permitted to stand or be parked in the residential permit area for which the permit has been issued without being limited by time restrictions or meter requirements established pursuant to this section. However, said resident's vehicle shall not be exempt from parking restrictions or prohibitions established pursuant to authority other than this section including Part 4 of this chapter, as well as loading zones, time parking zones, handicapped zones and other special parking restrictions. All other motor vehicles parked within a residential parking area shall be subject to the time restrictions and meter requirements adopted as provided in this section as well as the penalties provided for herein.

  9. Application for and duration of permit.

    1. A residential parking permit shall be issued on the basis of one permit per vehicle registered to an address in the approved block, up to a maximum of four vehicles per household.

    2. The application for residential parking permit shall contain the following information:

      1. The name and residential address of the owner of the vehicle.

      2. The name, residential address and driver's license number of the principal operator of the vehicle.

      3. The make, model and registration number of the vehicle.

      4. The signature of the application for the residential parking permit.

    3. The permit(s) shall be valid for a period of 12 months from the date of issuance. It shall be the responsibility of the applicant to ensure timely renewal of an approved permit or permits.

  10. Permit fees. An initial processing fee in an amount as provided in Chapter 212, Fees, shall be charged for each residential parking permit issued per motor vehicle. Thereafter, an annual renewal fee as provided in Chapter 212, Fees, shall be charged for each residential permit issued per motor vehicle.

  11. Revocation of permit. The Parking Authority is authorized to revoke the residential parking permit of any permit of any person found to be in violation of this section and, upon written notification thereof, the person shall surrender such permit to the Parking Authority. Failure, when so requested, to surrender a residential parking permit shall constitute a violation of law and of this Part.

  12. Residential parking permit zones. The current residential parking zone list is maintained in the Reading Parking Authority office.

  13. Regulations and procedures.

    1. Time restrictions on parking. Except as otherwise designated, on-street parking will be restricted to a one- to three-hour time limit on streets that now have legal, on-street parking except for metered areas. Vehicles bearing valid residential parking permit for this area shall be exempt from the one- to three-hour time limit and meter requirements. The Department of Public Works will erect or cause to be erected signs. These signs shall indicate the one to three hour time limits and the exclusion for vehicles with residential parking permits or shall indicate the exclusion of said vahicles from meter requirements. The one to three hour time limit shall be enforced from 8:00 a.m. to 6:00 8:00 p.m. weekdays, excluding holidays.

    2. In the areas with existing parking meters, operators with valid residential parking permits will be allowed to park at meters within the designated areas without the need to deposit coins.

    3. Existing parking regulations. All existing parking regulations shall remain in effect. These include but are not limited to, prohibited parking areas, street cleaning restrictions, loading zones, limited-time pickup areas, and vehicle storage restrictions. Holder of residential parking permits will not be exempted from these regulations.

  14. Removal of residential permit parking areas. A residential permit parking areas designation can be removed by the following process:

    1. A petition, containing the signatures of 51% of the affected property owners, shall be submitted to the Parking Authority.

    2. After certifying the petition, the Parking Authority shall schedule a public meeting, with notice being provided through an advertisement in a local newspaper with daily delivery and by notice delievered through direct mail to the affected property owners.

    3. After taking testimony from the affected property owners, the Parking Authority shall make a recommendation to continue or eliminate the residential permit parking area designation to Council. Council shall approve the removal of a residential parking area designation through the enactment of an ordinance.

  15. If special circumstances such as business influx, public entity migration, park designation, etc., change the demographics of a residential permit area in a way that makes it not meet the requirements of the ordinance, the Parking Authority shall convene a pbulic hearing to address the continuance of a designated residential permit. Notice of the public hearing shall be provided to affected residents by direct mail and through an advertisement in a local newspaper with daily delivery. After taking testimony from the affected propery owners, the Parking Authority shall make a recommendation to Council. Council shall approve the removal of a residential parking area designation through the enactment of an ordinance.

  16. Penalties.

    1. It shall be unlawful and a violation of this Part for any person to stand or park a motor vehicle for a period exceeding the time limitation established pursuant hereto. For violation of any provision of this Part, the owner or operator may within 10 days of the time when such notice was attached to their vehicle, be subject to the penalty as provided in §576-416C.

    2. It shall be a violation of this Part for a person to falsely represent themselves as eligible for a parking permit or to furnish false information in an application therefor.

    3. It shall be a violation of this Part for a person holding a valid residential parking permit issued pursuant thereto to permit the use of or display such a permit in a vehicle other than that for which the permit is issued. Such conduct shall constitute an unlawful act and violation of this section both by the person who so uses or displays the residential parking permit on a motor vehicle other than that for which it is issued.

    4. It shall be a violation of this Part for person to copy, produce or otherwise bring in to existence a facsimile or counterfeit residential parking permit or permits. It shall further be unlawful and a violation of this Part for a person to knowingly use or display a facsimile or counterfeit residential parking permit in order to evade time limitation on parking applicable in a residential permit parking area.

    5. For violation of any provision contained in Subsection P(2), (3) and (4) of this section, the person committing the unlawful act shall be, upon conviction thereof, sentenced to pay a fine of not more than $600 plus costs and, in default of payment of said fine and costs, to a term of imprisonment not to exceed 30 days.