COUNTY OF CARBON COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2024-  AN ORDINANCE OF THE COUNTY OF CARBON ESTABLISHING AND PROVIDING FOR PARKING KIOSKS/MULTI SPACE PARKING METERS; ESTABLISHING KIOSKS ZONES; ESTABLISHING AND REGULATING UNMETERED PARKING LOTS; AND REGULATING PARKING, TICKETING AND  PROVIDING PENALTIES FOR VIOLATION.  ITISHEREBY ORDAINED AND ENACTED by the Board of Commissioners of  Carbon County as follows: 1. ITS ENTIRETY. I. $101 - Short Title PARKING ORDINANCE. $102-Definitions and Interpretation  ORDINANCE NO. 2024-001 IS HEREBY DELETED AND REVOKED IN  GENERAL REGULATIONS  This Ordinance shall be known and may be cited as the CARBONCOUNTY  1. 2. 3. 4.  Ini this Ordinance, the singular shall include the plural and the plural shall include All references to "County" in this Ordinance shall mean the County of Carbon. All references to "County Commissioners" in this Ordinance shall mean the Words and phrases, when used ini this article shall have the meanings ascribed to them in the Vehicle Code (75 Pa. C.S.A. $101 et seq.) as amended, except that in this article, the word "street" may be used interchangeably with the word "highway", and shall have the same meaning as the word highway" as definedi in The provisions oft this article, sO far as they are the same as those of ordinances and regulations in force immediately before the enactment ofthis article, are intended as a continuation ofthose earlier ordinances and regulations, and not as. new enactments. Nothing in this article shall affect any act done or liability incurred, or any suit or prosecution pending or to be instituted under any oft those  the singular, and the masculine shall include the feminine.  Carbon County Board of Commissioners.  the Vehicle Code.  5.  repealed or superseded ordinances or regulations.    6. 7. 8.  Kiosk. The term Kiosk may be used interchangeably with Multi Space Parking Parking Kiosk Zone. That zone or zones as designated in Section 201 and 301, et. The County of Carbon, for the purpose of this Ordinance, will be known as the "Lessor" and the individual or entity leasing any space(s) will bel known as the  Meter in this Ordinance.  seq and as depicted in Exhibits "A"and "B".  "Lessee".  $103-1 Repealer repealed. 104-Severability  All ordinances or parts of ordinances which are inconsistent herewith are hereby  Ifa any sentence, clause, section or part ofthis Ordinance is for any reason found to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect or impair any ofthe remaining provisions, sentences, clauses, sections or parts of this Ordinance. Iti is hereby declared as the intent of thel Board of Commissioners of the County of Carbon that this Ordinance would have been adopted had such unconstitutional, illegal ori invalid  sentence, clause, section or part thereofnot been included herein.  $105-Effective Date Book of the County. 106-Enforcement  This Ordinance shall become effective upon enactment and recordation in the Ordinance  The authorized Parking Enforcement Personnel oft the County are hereby empowered to  enforce the provisions of this Ordinance. II. PARKING KIOSK ZONES  $201 - Parking Kiosk Zones Established; Restricted and Handicapped Parking Violations Parking kiosk zones are established upon certain County owned property situated in the Borough of. Jim Thorpe as more fully described in Exhibit A and Exhibit B attached hereto and  made part hereof.  * CREDIT CARD CONVENIENCE FEE 256 $1.25 CREDIT CARD MINIMUM  1.  Parking Kiosk Zones 3, 4,7,8, and 9 (as identified and described in Exhibit B) will be for the use of employees ofthe County Monday through Friday from 7:00 A.M. until 5:001 P.M, with the exception of County-approved holidays. Zones 1,2,    5, and 6 will bei for the use oft the public daily for a fee from 6:00. A.M. until 6:00 Validated Parking. Effective January 1, 2022, County residents are eligible for up toi two (2) hours of validated/no fee parking in Carbon County Parking Zones 1,2, 5, and 61 for prescheduled and coordinated official transactions and activities with a County department under the Commissioners' purview or a validated parking program with participating row or court offices. Official transactions may include, but are not limited to, attendance at public meetings, voter registration, veteran services, licensing, tax assessment appeals and inquiries and mapping The Carbon County Board of Commissioners, within its discretion, may provide, at convenient and suitable locations in the Parking Kiosk Lots, reserved parking spaces for handicapped persons, and shall designate those spaces by appropriate signage. It shall be unlawful, and a violation ofthis Ordinance, for any person to park in any such reserved parking space unless that vehicle bears or displays: a "handicapped registration plate";a a "handicapped parking placard"; a "disabled veteran registration plate"; ora a "disabled veteran placard". All provisions, requirements and restrictions contained in the other sections ofthis Ordinance shall apply to vehicles lawfully parking ini reserved parking spaces for Its shall be unlawful and a violation oft this Ordinance for any non-County employee to park a vehicle in an employee-designated area during the hours prescribed in this section. Each hour the vehicle remains ini the space after the initial violation shall be considered a separate violation oft this Ordinance.  P.M., unless otherwise noted by signage or parking personnel.  2.  services.  3.  handicapped persons.  4.  $202- - Days and Hours Parking Kiosks in Operation and Parking Time Limits Apply Parking Kiosks shall be operated, by deposit of currency, credit card or other approved manners of payment as set forth in Section 204 below, and the parking rates for specified lengths oftime as well as the maximum parking times prescribed in Section 201 shall apply at all times, seven (7) days a week, in the Parking Kiosk Zones listed in Section 201. See Exhibit B. $203 - Placement and Characteristics ofParking: Improper Parking Violation  1.  Multi-space parking meters/kiosks will be installed in several locations ofthe Parking Kiosk Zones established by this Ordinance, and such kiosks shall be placed at such key points in the parking district with clear signage to indicate their locations. The Parking Kiosk Zones as described in Section 201 and Exhibit B Lines and/or markings shall be painted or placed upon the curb, sidewalk or roadway adjacent to each parking space for the purpose of delineating the parking  shall be designated by signage placed by the County.  2.    space for which the kiosk shall be used. Every vehicle parked at any parking space shall be parked wholly within the lines or markings sO placed and All vehicles utilizing street parking, except where angle parking is permitted, Its shall be unlawful and a violation ofthis Ordinance for any person to park a vehicle across any such line or marking, or to park a vehicle in such aj position that the vehicle is not wholly within the area designated by those lines or  applicable to that space.  3. 4.  shall parallel park in the direction oft the flow oftraffic.  markings.  $204 - Deposit in Kiosk: Parking Kiosk Violations  1.  Whenever a vehicle is tol be parked ini the Parking Kiosk Zone during any times designated in Section 201, the driver oft the vehicle, upon entering the parking space, shall immediately deposit such currency or other form ofpayment in a Parking Kiosk and must choose the appropriate vehicle type. The following methods are the approved means of payment for use ofany parking A. Deposit of coins and/or bills (U.S. Currency) where applicable in the B. Insertion of a valid debit card or credit card ini the Kiosk. C. Purchasing of parking time by using a telecommunication device (i.e., phone, computer, mobile device, etc.) through a software application administered by a third-party vender approved by the County. Upon making the required payment for legal parking time through a method authorized in Section 204 ofthis Ordinance, the parking space may be lawfully occupied by the vehicle for the time indicated on the Temporary Parking Permit. Upon the expiration of time of the parking period, the vehicle shall be in violation ofthis Ordinance and may be ticketed per the terms oft this Section 207. Each hour after the time oft the initial violation the vehicle remains in the space after the parking time has expired will be considered a separate violation ofthis Ordinance. During the Parking Kiosk hours of operation, ifa any vehicle is found to be ina parking space without having made aj payment by any of the means described in Section 204, Paragraph 2, that vehicle shall be considered tol be in violation of this Ordinance. Each hour the vehicle remains in the space after the initial violation Itshall be unlawful for any person to park a vehicle, or to allow a vehicle to remain parked in any Parking Kiosk lots for longer than the maximum parking time prescribed by Section 201 oft the Article, or at any time when the loti is closed  2.  space in a Parking Kiosk Zone:  Kiosk.  3.  4.  5.  shall be considered a separate violation ofthis Ordinance.  6.    toj public use. There shall be no occupied campers, recreational vehicles, or other  vehicles permitted in the parking lots after 6:001 P.M.  $205- Oversized vehicles, trailers, and recreation vehicles  1.  Oversized vehicles, trailers, and recreation vehicles will only be permitted to park in Zones 1 and 2, unless otherwise authorized or instructed by employees, agents, or designated individuals ofthe County under the direction ofthe County Upon making the required payment for legal parking time through ai method authorizedi in Section 204 ofthis Ordinance, the parking space(s) may be lawfully occupied by the vehicle for the time indicated on the Temporary Parking Permit. During the Parking Kiosk hours of operation, ifa any vehicle is found to be in a parking space without having made a payment by any ofthe means described in Section 204, that vehicle shall be considered to be in violation ofthis Ordinance. Each hour the vehicle remains in the space after the initial violation shall be Its shall be unlawful for any person toj park a vehicle, or to allow a vehicle to remain parked in any Parking Kiosk lots for longer than the maximum parking time prescribed by Section 201 oft the Article, or at any time when the lot is closed to public use. There shall be no occupied campers, recreational vehicles, or other  Commissioners.  2.  3.  considered a separate violation of this Ordinance.  4.  vehicles permitted in the parking lots after 6:001 P.M.  $206-1 Unlawful to Tamper with Kiosk  Its shall be unlawful, and a violation ofthis Ordinance, for any person to deface, tamper with, open or willfully break, destroy ori impair the usefulness oft the Parking Meter Kiosk installed under the provisions of this Ordinance. Nothing in this section shall apply to the servicing or opening oft the kiosk by employees, agents or designated individuals of the County $207- - Ticketing ofVehicles Parked Unlawfully; Effective Payment Within 72 Hours  under the direction oft the County Commissioners.  1. Its shall be the duty oft the parking enforcement personnel of the County to report: (1) the date and hour oft the violation; (2) the license number oft the vehicle; and (3) any other factors, the knowledge of which is necessary for a thorough understanding oft the circumstances attending the violation. The parking enforcement personnel making the: report shall also place on or attach to the vehicle a notice to the owner or driver oft the vehicle that the vehicle was parked in violation ofthis Article instructing the owner or driver that he shall pay,  2.  for the use of the County:  A. Where the parking violation pertains to Section 204 oft this  Ordinance, the sum of $50.00 within seventy-two (72) hours after    thet time ofthe notice; or the sum of $60.00 when such payment is made after more than seventy-two (72) hours and within ten (10) days; or the sum of$70.00 when such payment is made after ten (10) days. Timely payment will prevent the violator's account from being forwarded to collections and from incurring the additional costs, penalties, and interest prescribed in Section 208 of Where the parking violation pertains to Section 203 or Section 301 ofthis Ordinance, the sum ofs $60.00 within seventy-two (72) hours after the time of the notice; or the sum of $70.00 when such payment is made after more than seventy-two (72) hours and within ten (10) days; or the sum of $90.00 when such payment is made after ten (10) days. Timely payment will prevent the violator's account from being forwarded to collections and from incurring the additional costs, penalties, and interest prescribed in  this Ordinance.  B.  Section 208 ofthis Ordinance.  C. Where the parking violation pertains to Section 205 ofthis  Ordinance, the sum of$100.00 within seventy-two (72) hours after thet time oft the notice; or the sum of$110.00 when such payment is made after more than seventy-two (72)1 hours and within ten (10) days; or the sum of$120.00 when such payment is made after ten (10) days. Timely payment will prevent the violator's account from being forwarded to collections and from incurring the additional costs, penalties, and interest prescribed in Section 208 ofthis D. Where the parking violation pertains to Section 201 ofthis  Ordinance.  Ordinance, the sum of $100.00 within seventy-two (72) hours after thei time of the notice; or the sum of $125.00 when such payment is made after more than seventy-two (72) hours and within ten (10) days; or the sum of$150.00 when such payment is made after ten (10) days. Timely payment will prevent the violator's account from being forwarded to collections and from incurring the additional costs, penalties and interest prescribed in Section 208 ofthis  Ordinance.  $208 - Collections Procedures  1. If payment is not received within fourteen (14) days after the issuance ofnotice of aj parking violation, the violator's account shall be deemed tol be delinquent, and the County may thereafter employ any and all lawful means, methods and procedures as it deems necessary for collection of the delinquent account,    including but not limited to referral of the violator's delinquent account to a The violator shall be responsible for the payment ofa any and all additional costs, penalties and interest associated with the collection ofhis orl her delinquent The County of Carbon has contracted with T2 Systems, Inc. to serve as its designated third-party agency for the collection of any and all fines, costs, penalties and interest associated with a delinquent parking violation account, and that agency is likewise authorized to employ any and all lawful means, methods and procedures as it deems necessary for collection ofthe delinquent account. By Resolution, the Carbon County Board of Commissioners may from time to time amend, revise. and/or temporarily or permanently suspend any ofthe provisions ofthis Ordinance as it deems necessary and appropriate, within its sole The County shall have authority to establish no-parking and/or special purpose parking zones withi in any Parking Kiosk Zone at any time, on a temporary or permanent basis, and if deemed necessary, to remove parking kiosks previously installed there. Except as may otherwise be provided by Resolution oft the Carbon County Board of Commissioners, thej provisions ofthis Ordinance shall not apply ini those areas where no-parking or special purpose parking is in effect. 3. Any designated parking space(s) for the Office ofVeterans Affairs shall be exempt from the payment ofaj parking fee while the individual is conducting business in the Office of Veterans Affairs during that office's regular hours of  designated third-party collection agency.  2.  account by a third-party collection agency.  3.  $209 - Exceptions 1.  discretion.  2.  operations.  $210-Towing  The County reserves the right to enlist the aid ofat towing company to remove violators ofthis Ordinance from County premises. All costs associated with towing will be at the vehicle  owners expense.  III. LEASE OF PARKING SPACES  $301 - Parking of Fee Basis Only: Reserved Parking Violation  1. Thej parking spaces in the Parking Kiosk Lots shall be available in exchange for payment ofa daily, monthly, bi-annual, or annual fee. The fee shall be fixed by the Board of Commissioners pursuant to a duly enacted Resolution. The leased parking spaces shall be assigned by the Parking Administrator and approved by thel Board of Commissioners. Said spaces shall be designated and marked as  "Reserved".    2. The rental fees shall be paid in advanced to the Parking Administrator for the use ofthe County. Failure to provide payment will result ini the loss of use of the space(s). The Lessee will bei in violation ofthis Ordinance, and will forfeit the reserved space. The associated lease shall thereafter be null and void. Any vehicle that is occupying a Reserved" space that is not authorized to do sO, shall be considered in violation oft this Ordinance and will be ticketed accordingly. Each hour the vehicle remains in the space after the initial violation shall be considered a separate violation oft this Ordinance. Int the event of an impending snow/ice storm, Lessee shall move. his, herori its vehicle(s) to the Northern most space(s) then available in the lot (i.e. the spaces under/near the State Route 903 Bridge) during the evening preceding the storm to aid in snow: removal efforts. The vehicle(s) may return once the lot has been cleared and the storm has] passed. Failure to do SO is a violation oft this Ordinance and will result in a fine and/or towing oft the vehicle at the vehicle owner's expense. Each hour the vehicle remains in the space after the initial violation shall  3.  4.  be considered a separate violation ofthis Ordinance.  IV. LIABILITY 1.  Notice is hereby given that County of Carbon is not liable to any visitor or lessee ort tot the owner(s) of any motor vehicle(s) or to any person(s) delivering any motor vehicle(s) to the County parking facility. The County of Carbon is not liable for loss or damage to any motor vehicle ort the contents thereof caused by fire, theft, explosion, weather conditions, breakage or collision. The vehicle owner or lessee shall solely bear all risks ofloss of damage to thei motor vehicle(s) or property therein from any cause and the occurrence ofs such loss or Ini the event of any damage to a: motor vehicle for which the County ofCarbon may be held legally liable, any such liability is strictly limited to the reasonable and ordinary costs oflabor and parts necessary to repair that damage. The County ofCarbon shall not bel liable for damages for loss of use ofthe motor vehicle or for any other special damages caused by delay or inability to obtain parts,  damages.  2.  materials and/or skilled labor.  This Ordinance shall become effective as ofJanuary 1,2 2025. DULY ORDAINED AND ENACTED this Carbon County Board of Commissioners in lawful session assembled.  day of  2024 by the  CARBON COUNTY BOARD OF COMMISSIONERS    Michael. J. Sofranko, Chairman Wayne E. Nothstein, Vice-Chairman Rocky C. Ahner, Member  ATTEST:  Eloise K. Ahner, Chief Clerk/County Administrator    SAVGNOH GNV AVONAS- AVOINIVS 9 s 4 W  SAVONOH*  AVOI-AVINOW  2