ORDINANCE 2013-10 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 Sign: A sign approved and issued by the City of Hazleton, and installed by the Department of Public Works-Streets Department. 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. 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 subject to annual review and renewal. 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, 2013. 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, 2013 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. Each permit for a Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related signs shall be renewed on an annual basis. 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 renewal fee of one hundred twenty-five ($125.00) dollars. 3. 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. 4. Once a permit is not renewed for any reason, any application by the same applicant shall be considered a new application, and shall be governed by the provisions of this Ordinance. 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) dollars at this time. If the application is granted on or after July 1st of any year, the initial sign fee shall be seventy-five ($75.00) dollars 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. No more than two (2) 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. 2. No more than one (1) 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. 3. 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. 4. 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, but must be renewed annually between January 1st and January 31st of each calendar year thereafter. 5. 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. 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 for any reason. Section I. Enforcement 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: 1. Police Department; 2. Code Enforcement ; 3. Fire Department; 4. Health Department; and 5. Streets Department. Section J. Penalties 1. A person owning a vehicle parked in a Customer Parking Only, Patient Parking Only, Patient Loading and Unloading Only, Loading Zone, or any other related designated area, and not doing business at that location will be subject to citation upon notice from said business owner or employee to the Hazleton Police Department, Code Enforcement Office, Fire Department, Health Department, or Streets Department. 2. 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 upon the streets of the City of Hazleton without first making application for said sign through 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. 3. The fine and penalty for a violation of the regulations here and before designated shall be fifty ($50.00) dollars, if paid to the City of Hazleton within five (5) days of the time of said violation; and, if paid after the lapse of five (5) days after the time of such violation, then the fine shall be seventy-five ($75.00) 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, and Streets Department 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 $50.00 fine” on its face. 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 17th day of July, 2013.
Posted on: Thu, 12 Sep 2013 03:33:22 +0000
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