BOROUGH OF CLARKS SUMMIT COUNTY OF LACKAWANNA COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2021-04  AN ORDINANCE LIMITING PARKING ALONG THE 100 BLOCK OF CLAREMONT AVENUE IN THE BOROUGH OF CLARKS SUMMIT WHEREAS, the Borough of Clarks Summit (the "Borough") is a Borough and Municipality ini the Commonwealth of Pennsylvania organized and governed according toi the  Borough Code; and  WHEREAS, the Borough Code authorizes Borough Council to regulate, among other things, parking (Section 1202(31); the streets (Section 1202(12); the towing of vehicles, (Section 1202(34)); and the general regulation of nuisances and protections for the health, safety and welfare oft the public (Sections 1202(4) and 1202(5))(See 53 P.S. $8 462024.6.02,01)  and (34)); and  WHEREAS, the Borough Council has been granted broad powers under the Borough WHEREAS, the Borough Council had previously adopted Chapter 15 ofthel Borough Code (relating to "Motor Vehicles and Traffic") on or about November 2, 1983 through  Code at 53 P.S. $ 46201 to act for the benefit oft the public welfare;  Ordinance 1983-05;  WHEREAS, the Borough Council has been notified that properties situated along the 100 Block of Claremont Avenue in the Borough have experienced an infiltration of stormwater run-  off,  WHEREAS, the Borough Council has determined that it is necessary for the safety of Borough residents and property owners that parking along a certain portion of Claremont  Avenue be prohibited;  WHEREAS, the Borough Council had previously adopted Ordinance No. 2021-03 which WHEREAS, since the enactment ofOrdinance! No. 2021-03, the Borough Council has fielded complaints from the owners of properties situated along the 100 Block of Claremont Avenue who have requested reconsideration of the aforementioned legislation;  prohibited parking along the Northwest side oft the 100 Block of Claremont Avenue;    WHEREAS, after conferring with residents and the Borough's Engineer, the Borough Council had determined that Ordinance No. 2021-03 should be repealed and replaced in order to appropriately address issues relating to stormwater: run-offalong Claremont Avenue; and WHEREAS, the Borough Council has identified the need to add a designated handicapped parking space in front oft the property located at 103 Claremont Avenue, Clarks  Summit, Pennsylvania 18411.  NOW, THEREFORE, it is hereby ORDAINED and ENACTED by the Borough Council ofthe Borough oft the Borough of Clarks Summit, County ofLackawanna and Commonwealth of  Pennsylvania, as follows:  Section 1. Parking Prohibited Along Portion of Claremont Avenue  Parking shall be prohibited on1 the Northwest side oft the 100 Block of Claremont Avenue, starting at aj point 85 feet below the intersection with School Street and extending 328 feet in the direction oft the intersection with South State Street. For further reference, this prohibition onj parking will be in front of the properties with odd- numbered addresses, including the properties with the mailing addresses of105, 107,113 and 115 Claremont Avenue. Handicapped parking willl bej permitted for one (1) vehicle in front oft the property with ai mailing address of 103 Claremont Avenue.  Section 2. Handicapped Parking Sign  One (1) designated handicapped parking space will placed on the Southeast side oft the 100 Block Claremont Avenue in front of the property with ai mailing address of103  Claremont Avenue, Clarks Summit, Pennsylvania, 18411.  Section 3. Penalties for Violations  Unless another penalty is expressly provided by the Pennsylvania Vehicle Code, any person or registered owner of any vehicle who or which violates any provision of this Ordinance shall be subject to a minimum fine in the amount of $50.00 per incident plus any costs associated with the prosecution of said violation and  costs for the towing and storage of vehicles.  2    Section 4. Nonexclusive Remedies  The Penalties set forth in Section 3 shall bei independent, non-mutually exclusive separate remedies, all ofwhich shall be available to thel Borough as may be deemed appropriate for carrying out the purposes ofthis Part. The remedies and procedures provided in this Part are not intended to supplant or replace to any degree the remedies and procedures available tot thel Borough in the case ofay violation of any other Borough of Clarks Summit Code or Codified Ordinances, whether or not such other Code or Ordinance is referenced in this Part, and whether or not an ongoing violation of such other Code or Ordinance is cited as  the underlying ground for a finding ofa violation oft this Part.  Section 5. Severability  Ifa any provision, paragraph, word, section, or subsection of this Part is invalidated by any court of competent jurisdiction, the remaining provisions, paragraphs, words, sections, or subsections shall not be affect and shall remain in full force and effect.  Section 6. Existing Ordinances, Resolutions and Policies  This ordinances shall fully repeal and replace Ordinance No. 2021-03. All other relevant ordinances, regulations, and policies of the Borough not amended shall remain  ini full force and effect. Section 7. Effective Date manner prescribed by law.  This Ordinance shall be effective immediately upon passage and approved in the  3    ORDAINED AND ENACTED into an Ordinance aidRlye of SEPEHBERO2I  Borough Council of the Borough of Clarks Summit  GERMAINE CAREY Councill President  a  APPROVED: Approved this HR HERMANJOHNSON Mayor; Borough of Clarks Summit A  of 56AEHAE2021  25  the Clarks Summit Borough Council this 29d of S6A2H36R,2021  ARK's  BoruaMapgserelay  CLAS  4