Parking for Businesses

ORDINANCE 2014-7

An Ordinance Regulating the Issuance of Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone Signs, and Any Other Related Signs; Providing for Application Review and Procedures for Issuance of Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone Signs, and Any Other Related Signs; and Renewal of Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and Any Other Related Signs in the City of Hazleton

BE IT ORDAINED AND ENACTED by the Council of the City of Hazleton, as follows:

Section A.  Definitions

As used in this Ordinance, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

Authorized Agent: The owner/ supervisor/ manager/ employee of the business for which a sign is granted.

Approved Sign: Official traffic signs are identified in the Pennsylvania Handbook of Approved Signs (Department Publication 236M) which includes sign standards that show the shape, color, dimensions, legends, application and placement of official signs. (As per PA Code 212.101. Official Signs.)

Authorized Sign:  A sign approved and issued by the City of Hazleton, and installed by the Department of Public Works-Streets Department. On State highways approved sign regulations shall be used.

Customer: a person who purchases goods or services from another; a buyer; a patron.

Customer Parking Only, Patient Parking Only, and Patient Loading and Unloading Only:  A sign issued by the City of Hazleton reserving parking for one (1) vehicle, and erected at a designated and agreed upon area for use by customers/patients of a business.

Issuing Authority:  Hazleton City Code Enforcement Office.

Park or Parking:

(1) When permitted, means the temporary storing of a vehicle, whether occupied or not, off the roadway.

(2) When prohibited, means the halting of a vehicle, whether occupied or not, except momentarily for the purpose of and while actually engaged in loading or unloading property or passengers (As per PA Vehicle Code title 75).

Stand or standing-  When prohibited, means the halting of a vehicle, whether occupied or not, except momentarily for the purpose of and while actually engaged in receiving or discharging passengers (As per PA Vehicle Code Title 75).

Loading Zone:  A sign issued by the City of Hazleton reserving parking for one (1) vehicle, and erected at a designated and agreed upon area for use by vendors/suppliers of a business.

Owner:  Actual owner, agent, or custodian of the property wherein a sign will be erected.

In this Ordinance, the singular shall include the plural; the plural shall include the singular; and the masculine shall include the feminine and neuter.

Section B.  Application Procedure

1. Any business owner of the City of Hazleton may make application to the City of Hazleton for a Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related sign, only after acquiring all the necessary licenses, permits, and inspections for said business.

2. Applications are to be completed in their entirety, and an incomplete application form will be denied by the City of Hazleton. A copy of the application form is attached.

3. All applications shall be delivered to City of Hazleton Code Enforcement Office, City Hall, 40 North Church Street, 1st Floor, Hazleton, Pennsylvania, 18201.

4. New applications shall be reviewed by the Code Enforcement Office, and the Code Enforcement Office will make the final determination regarding the granting of said signs.

5. Each applicant shall complete an application, and provide the City of Hazleton with all the information requested.

6. The City of Hazleton will promulgate and have available said applications for said signs.

7. Upon submission of a new application, the applicant shall pay a non-refundable fee of twenty-five ($25.00) dollars to the City of Hazleton. 

8. All approved applications shall be good for a period of no more than one year (1) and at no time shall they extend past January 1st of the next year. 

9. Approval or denial of applications will be made within thirty (30) days by the Hazleton Code Enforcement Office.

10. Those businesses already having an authorized sign, issued and installed by the City of Hazleton, must register said sign with the Code Enforcement Office on or before September 1, 2014. Proof of authorization for said sign from the City of Hazleton must be presented upon registration, or the registration will be denied and will be subject to removal. Those businesses not registering their sign(s) by September 1, 2014 will have their sign(s) removed by the Department of Public Works-Streets Department. The installation fee is waived for those businesses already in possession of an authorized sign, but those businesses will still be required to pay the non-refundable application fee of twenty-five ($25.00) dollars, and the annual sign fee/renewal fee of one hundred twenty-five ($125.00) dollars.

Section C.  Application Renewal

1. In fairness to all businesses, an application shall be necessary each year for a special parking restriction sign.  This process will allow businesses and individuals the opportunity to compete for signs in the same block since the number of signs allowed shall be much less than the amount of businesses per block.

2. Applications for renewal shall be submitted to the City of Hazleton, Code Enforcement Office, 40 North Church Street, 1st Floor, Hazleton, Pennsylvania, 18201, between January 1st and January 31st of each calendar year, with a sign renewal fee of one hundred twenty-five ($125.00) dollars. The applications must be mailed, not hand-delivered, to the above address. The applications shall not be mailed prior to the first day of the year of which the application or renewal is for (Example: If you are applying for a permit for 2014 the application must be postmarked no earlier than January 1, 2014).

3. Applications dated /postmarked from the previous year shall be held in a file and the applicant shall be contacted and advised of the disqualification. It shall be the responsibility of the applicant to retrieve any disqualified applications within a period of 30 days of notification from the City. Otherwise the City shall destroy the application.

4. In making the final determination regarding the renewal of a previously permitted Customer Parking Only, Patient Parking Only, Patient Loading and Unloading, Loading Zone Signs, or any other related sign, the City of Hazleton shall apply the criteria contained in this Ordinance.

5. In the event that there are multiple applications and or a renewal of one business becomes in conflict with a new application for another business, the applications shall be reviewed on a first-come, first-serve basis, and the tie breaker shall be the postmark date. Should the postmark be the same, preference shall be given to the business that did not have the sign the year prior.

6. Applications, including those by a business or person already having a sign, shall be considered a new application each year, and, as such, shall be governed by the provisions of this Ordinance. The twenty-five ($25.00) dollar fee shall be waived for all existing signs upon submission of application for re-issue.

7. Should a sign not be authorized or approved for re-issue due to other applications in the same block being accepted, the sign shall be removed by the City of Hazleton at no expense to the owner of the business.

  Section D.  Fees

1. The initial application fee for permanent Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and other related signs is twenty-five ($25.00) dollars. This fee also applies to any person permitted a Customer Parking Only, Patient Parking Only, Patient Loading and Unloading, Loading Zone, or any other related sign who fails to file a renewal application within the time frame allowed by this Ordinance.

2.   Upon approval of the application, and prior to any sign being erected at the permitted location, the applicant shall pay a fee of eighty ($80.00) dollars for the sign to be erected. Applicant shall also pay the annual sign fee of one hundred twenty-five ($125.00) at this time. If the application is granted on or after July 1st of any year, the initial sign fee shall be sixty-two dollars and fifty ($62.50) cents to be paid for the remainder of said calendar year.

3. The yearly renewal fee for Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and other related signs is one hundred twenty-five ($125.00) dollars.

4. All fees for permanent Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and other related signs, and renewal of permanent Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and other related signs are non-refundable.

Section E.  Location of Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and Any Other Related Spaces

1. First and foremost handicapped parking shall take precedence over all other forms of private or business restrictive parking within the City. Should a conflict pertaining to the number of restrictive signs arise, the preference to the signage shall be first given to any and all handicap parking, and, if there are spaces left, to all other forms of restrictive parking in accordance with State law.

2. No more than two(2) restrictive parking signs of any type, including Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related spaces, or any combination thereof, shall be located on any block where parking is permitted on both sides of the street.

3. No more than one (1) restrictive parking sign of any type, including Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related space shall be located on any block where parking is permitted on only one (1) side of the street.

4. Additional signs may be granted at the City’s discretion. These signs will need approval by the Granting Official, and the application process must be followed. 

  5. All Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related spaces shall be placed at an unmetered space directly in front of the business requesting it, subject to the laws of the City of Hazleton and the Commonwealth of Pennsylvania, and shall not be placed in front of another business or a residential property. Should an existing restrictive parking sign already be in front of the building, no additional sign shall be allowed to be erected for that building.

6. All Customer Parking Only, Patient Parking Only, Patient Loading and Unloading, Loading Zone, or any other related spaces permitted prior to the effective date of this Ordinance shall be allowed to remain as located, subject to the laws of the City of Hazleton and the Commonwealth of Pennsylvania, but must be immediately registered with the City of Hazleton’s Code Enforcement Office prior to August 1, 2014, and must be renewed annually by January 15th of each calendar year thereafter.

7. Failure to register and/or renew shall be grounds for immediate removal by the City of Hazleton without notice.  Should a sign be removed for failure to register or renew, the application process shall start anew, and all fees shall have to be paid prior to a new sign being issued or erected

8. In the event that previously permitted spaces exceed the maximum allowed per block, the City of Hazleton shall refrain from granting any additional spaces in that block until the number of spaces falls below the maximum allowed.

9. Should any current sign erected by the City of Hazleton be found to be in violation of any of the ordinances, regulations, or laws of the City of Hazleton and/or the Commonwealth of Pennsylvania, the sign will have to be either relocated, if possible, or removed.

10. Any sign found to not be in compliance with this Ordinance will be removed by the City of Hazleton, and will not be allowed until such time as the application process is completed.

Section F.  Issuing Authority

The Hazleton Code Enforcement Office shall maintain a log of all existing Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and any other related spaces at the time of the effective date hereof. Further, the Hazleton Code Enforcement Office will maintain a log of all applications for said signs for a maximum of thirty (30) days.

Section G.  Standards

1. No permit shall be granted where adequate and readily accessible off-street parking is available.

2. All signs will be created and installed by employees of the City of Hazleton’s Department of Public Works-Streets Department.

3. Any change in address or permanent closure of the business must be reported to the City of Hazleton in writing within thirty (30) days of change.

Section H.  Revocation of Permit and Removal of Sign

The City of Hazleton reserves the right to revoke any permit or remove any sign for Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and/or any other related sign at any time with just cause.

Section I.  Enforcement

1. The following departments of the City of Hazleton have the authority to enforce this Ordinance and issue citation upon notice from the said business owner or employee:

• Police Department; • Code Enforcement; • Fire Department; • Health Department; • Streets Department; and • Parking Authority.

2. An Authorized Agent of the business shall be responsible for calling the police to report any violation. Should the violation rise to the level of a court hearing, the Authorized Agent that called in the complaint shall be required to testify to the violation. Failure to testify on two (2) occasions in a twelve (12) month period shall be grounds for the sign privileges to be revoked, and all fees forfeited.  

Section J.  Penalties

1. A person owning a vehicle parked in violation of a Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other authorized parking restriction sign will be subject to a parking ticket or citation. 

2. In instances where the restrictive signage Customer Parking Only or Patient Parking Only is in place, businesses shall be required to notify the City of Hazleton should violations occur during the specified business hours on the sign. Upon notice from said authorized agent of the business to the Hazleton Police Department, Code Enforcement Office, Fire Department, Health Department, Streets Department, or Parking Authority response shall be made in as timely a fashion, if possible, and, if the violation is observed by the responding individual, a ticket or citation shall be issued by the responding individual.

3. It shall be unlawful for any person, owner, or renter of realty to erect a Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related sign regulating parking upon the streets of the City of Hazleton. Any violations hereunder will constitute a summary criminal offense under the laws of the Commonwealth of Pennsylvania, and each day of violation hereunder will be considered a separate offense.

4. The fine and penalty for a violation of the regulations here and before designated shall be thirty ($30.00) dollars, if paid to the City of Hazleton within ten (10) days of the time of said violation; and, if paid after the lapse of ten (10) days after the time of such violation, then the fine shall be forty ($40.00) dollars until citation is issued.

Section K.  General Provisions

1. Any stipulations made at the time of application regarding the eligibility of an applicant may be updated periodically at the request of the issuing authority.

2. Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related spaces shall not supersede existing parking regulations, including, but not limited to street sweeping, snow ban, or snow removal regulations.

3. Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and any other related signs will remain the property of the City of Hazleton.

4. The Police Department, Code Enforcement Department, Fire Department, Health Department, Streets Department, and Parking Authority will control areas governed by Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and other related signs.

5. The issuing authority will take the following factors into consideration in the issuance of said signs:

(a) Overall availability of parking in the area wherein a sign is requested;

(b) Availability of off-street parking at the business’s location; and/or

(c) Existing parking problems in the area wherein a sign is requested.

6. All Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, and any other related signs created and issued by the City of Hazleton shall include the wording “by City Ordinance” and “Violators will face a minimum $30.00 fine” on its face.

7. All Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone signs created and issued by the City of Hazleton shall include the time for the restriction, such as:

Patient Parking Only 9am to 5pm M-F
or
Loading Zone 9am to 5pm M-F or

Customer Parking Only 7am to 11pm (According to that business’s posted hours of operation)
or
Customer Parking Only 15/30/60 minute limit

8. No Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone shall be enforceable without specific hours of restriction on same. During non-restriction hours, parking is open to the public.

Any ordinance or part of an ordinance conflicting with the provisions of this Ordinance shall be and the same is hereby repealed to the extent of such conflict.

This Ordinance shall be effective immediately upon passage and approved in the manner prescribed by law.

ORDAINED AND ENACTED by Council this 27th day of May, 2014.

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