CLARKS SUMMIT BOROUGH COUNCIL
METER PARKING ORDINANCE
ORDINANCE NO. 03 OF 2006
AN ORDINANCE OF CLARKS SUMMIT BOROUGH ESTABLISHING
ADDITIONAL PARKING METER ZONES UPON AND ALONG SPRING
STREET AND THE 300 BLOCK OF DAVIS STREET IN THE BOROUGH OF
CLARKS SUMMIT; ESTABLISHING DAYS AND HOURS WHEN PARKING
METERS ARE IN OPERATION AND ESTABLISHING PARKING TIME
LIMITS, PENALTIES FOR VIOLATION AND ESTABLISHING THE
ENFORCEMENT PROVISIONS AND REGULATIONS RELATED TO
PARKING METER ZONES.
Clarks Summit Borough Council hereby ordains:
Section 1. Additional Parking Meter Zones Established. Additional parking meter zones
are established upon and along Spring Street and Davis Street in the Borough of Clarks Summit,
County of Lackawanna, Commonwealth of Pennsylvania. Parking meters are to be positioned
along both sides of Spring Street and the 300 Block of Davis Street.
Section 2. Days and Hours Parking Meter in Operation and Parking Time Limits
Applied. Parking meters shall be operated, by the deposit of a coin in the meter, as prescribed by
Section 5, and the parking rates for specified lengths of time, as well as the maximum parking
time shall consist of designated long term meters which permit ten (10) hours of parking and
short term meters where maximum parking time is two (2) hours. The times indicated on meters
for enforcement are to remain from 9:00 a.m. to 6:00 p.m., Monday through Saturday. Provided,
however, the requirements of this Section as to parking time limit and as to deposit coins in
meters will not apply to municipal holidays and other times when Clarks Summit Borough
Council by resolution shall suspend marking meter requirements.
Section 3. Characteristics of Parking Meters. Parking meters installed in the parking
meter zones established by Section 1 of this Ordinance shall be placed upon the curb or sidewalk
and immediately adjacent to the individual parking spaces described in this Ordinance. Each
parking meter shall be placed or set so as to show that the parking space adjacent to that meter is
or is not legally occupied. Each parking meter installed shall indicate by a proper legend the
parking time established by Clark Summit Borough, and when the adjacent space is occupied by
a vehicle, the parking meter shall indicate on and by its dial and point to the duration of the
period of legal parking, and, on the expiration of that period, shall indicate the illegal parking or
over parking.
Section 4. Parked Vehicles to be Wholly Within Marked Spaces. Line and/or markings
shall be painted or placed upon the curb, sidewalk or roadway adjacent to each parking meter for
the purpose of delineating the parking space for which that meter shall be used. Every vehicle
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parked at any parking meter shall be parked wholly within the lines or markings so placed and
applicable to that meter. It shall be unlawful and a violation of the Part for any person to park a
vehicle across any such line or marking, or to park a vehicle in such a position that that vehicle is
not wholly within the area designated by those lines of markings.
Section 5. Coin Deposit in Meter; Overtime Parking Unlawful. Whenever a vehicle is to
be parked in any space adjacent to a parking meter, at any time in the period of limited parking
as prescribed by Section 2 of this Part, the driver of the vehicle, upon entering the parking space,
shall immediately deposit, or cause to be deposited, in that parking meter, one or more proper
coins of the United States of America as specified in the legend on the parking meter. Upon the
deposit of the coin or coins, and placing the meter in operation, the parking space may be
lawfully occupied by the vehicle for the time indicated on the meter. If any vehicle shall remain
in any such parking space for such length of time that the meter shall indicate by proper signal
that the lawful parking time has expired, that vehicle shall be considered as having been parked
overtime, and the parking of a vehicle overtime shall be a violation of the Part.
Section 6. Unlawful to Deposit Substitute for Coin in Meter. It shall be unlawful for any
person to deposit in any parking meter installed under the provisions of this Part any slug of
other substitute for a coin of the United States of America.
Section 7: Unlawful to Deposit Coin in Meter to Extend Parking Time Beyond Legal
Limit. It shall be unlawful and a violation of this Part for any person to deposit or cause to be
deposited, in any parking meter installed under the provisions of this Part, any coin for the
purpose of increasing or extending the parking time of any vehicle beyond the maximum parking
time authorized by this Ordinance.
Section 8. Unlawful to Remain Parked at Meter Showing Violation. It shall be unlawful,
and a violation of this Part, for any person to permit a vehicle to remain in a parking space
adjacent to a parking meter installed under this Part, when that meter displays a signal indicating
that the vehicle has already been parked there beyond the period of time prescribed for that
parking space, or the time for which a coin or coins was deposited in that meter for the parking
of the vehicle.
Section 9. Unlawful to Tamper with Meter. It shall be unlawful, and a violation of this
Part, for any person to deface, tamper with, open or willfully break, destroy or impair the
usefulness of any parking meter installed under the provision of this Part. Provided: nothing in
this section shall apply to the servicing or opening of parking meters by officers, employees or
police officers of Clark Summit Borough under the direction of the Clark Summit Borough Chief
of Police or Clark Summit Borough Council.
Section 10. Enforcement of Parking Provisions. Clarks Summit Borough Police
Department and any other public officials that may be designated by Clarks Summit Borough
Council as parking enforcement personnel, shall have the power and authority to issue traffic
citations for violations of any of the provisions of this Ordinance.
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Section 11. Penalty for Violation.
1.
Any person who violates any provision of this Part, with the exception of Section
9, will be required to pay a parking fine in the amount of $5.00. In the event that an individual
fails to pay the $5.00 parking within fifteen (15) days, the Clarks Summit Borough Police
Department shall issue a traffic citation and the fines and costs will be determined by a District
Magistrate Judge in accordance with the maximum penalties established by the Pennsylvania
Vehicle Code and other applicable statutes and ordinances.
2.
Any person who violates any provision of Section 9 of this Part shall, upon
conviction, be sentenced to pay a fine of not more than six hundred dollars ($600.00) and costs,
and, in default of payment of fine and costs, to imprisonment for not more than thirty (30) days.
Section 12. Exceptions.
1.
By resolution, the Clark Summit Borough may temporarily suspend the
provisions of this Part by requiring coin deposit in meters and establishing a maximum parking
time at meters.
2.
The Clark Summit Borough shall have authority to establish no-parking or special
purpose parking zones within any parking meter zone, and to remove parking meters from those
areas as previously installed there, and the provisions of this Part shall not apply in those areas
where no-parking or special-purpose parking are in effect.
Section 13. Repealer. Any Resolution, Ordinance or part of any Ordinance or Resolution
inconsistent herewith and any amendments thereof are hereby expressly repealed insofar as they
affect this Ordinance.
Section 14. Severability. If any section, clause, provision or portion of this Ordinance
shall be held invalid or unconstitutional by any court of competent jurisdiction, such decision
shall not affect any other section, clause, provision or portion of this Ordinance so long as it
remains legally enforceable minus the invalid portion. The Borough reserves the right to amend
this Ordinance or any portion thereof from time to time as it shall deem advisable in the best
interests of the promotion of the purposes and intent of this Resolution and the effective
administration thereof.
Section 15. Effective Date. This Ordinance shall become effective immediately upon
passage.
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Section 16. Authority. This Ordinance is enacted by the Council of the Borough of
Clarks Summit under the authority of the Act of Legislature, February 1, 1966, P.L. (1965) No.
581Section 1005, as amended 1979, November 2, P.L. 458 No. 94, 53 P.S. Section 46005, et
seq., known as the Borough Code and any other applicable law arising under the laws of the
Commonwealth of Pennsylvania.
Approved the 2nd day of August, 2006.
_____________________________________
Donald J. Moyer III,
Clarks Summit Borough President
ATTEST:
____________________________
Virginia Kehoe,
Clarks Summit Borough Manager
_____________________________________
Harold P. Kelly, Mayor
Clarks Summit Borough
Passed by Clarks Summit Borough Council the ______ day of ___________________, 2006, receiving
the affirmative votes of ________________________________________________________________
____________________________________________________________________________________
negative votes of ______________________________________________________________________
____________________________________________________________________________________
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