COUNTY OF CARBON COMMONWEALTH OF PENNSYLVANIA ORDINANCE NO. 2024-0004 AN ORDINANCE OF THE COUNTY OF CARBON ESTABLISHING AND PROVIDING FOR PARKING KIOSKS/MULTI SPACEI PARKING METERS; ESTABLISHING KIOSKS ZONES; ESTABLISHING AND REGULATING UNMETERED PARKINGLOTS; AND REGULATING PARKING, TICKETING AND PROVIDING PENALTIES FOR VIOLATION. ITISI HEREBY ORDAINED AND ENACTED by the Board of Commissioners of Carbon County as follows: 1. ITS ENTIRETY. I. $101 -Short Title PARKING ORDINANCE. $102-1 Definitions and Interpretation ORDINANCE NO. 2024-001 IS HEREBY DELETED AND REVOKED IN GENERAL REGULATIONS This Ordinance shall bel known and may be cited as the CARBON COUNTY 1. 2. 3. 4. Int 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 meani the Words and phrases, when used in 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 defined in The provisions of this article, sO far as they, are the same as those of ordinances and regulations in forcei immediately before the enactment oft this article, are intended as a continuation oft those earlierordinances 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 repealed or superseded ordinances or regulations. 6. Kiosk. The term Kiosk may be used interchangeably with Multi Space Parking 7. Parking Kiosk Zone. That zone or zones as designated in Section 201 and 301, et. Meter in this Ordinance. seq and as depicted in Exhibits "A"and "B". 8. The County ofCarbon, for the purpose of this Ordinance, will be known as the "Lessor" and the individual or entity leasing any space(s) will be known as the "Lessee". $103-1 Repealer repealed. $104-Severability All ordinances or parts of ordinances which are inconsistent herewith are hereby Ifany sentence, clause, section or part ofthis Ordinance is for any reason found to be unconstitutional, illegal ori invalid, such unconstiftutionality, illegality or invalidity shall not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this Ordinance. Iti is hereby declared as the intent of the Board of Commissioners of the County of Carbon that this Ordinance would have been adopted had such unconstitutional, illegal or invalid sentence, clause, section or part thereofnot been included herein. $105-1 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 ofthe 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 ofJim Thorpe as more fully described in Exhibit. A and Exhibit B attached hereto and made part hereof. * CREDIT CARD CONVENIENCE FEE 25f $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 oft the 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 61 will be 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 to 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 ac 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 forl 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 handicapped parking placard"; a "disabled veteran registration plate"; ora "disabled veteran placard". All provisions, requirements and restrictions contained ini the other sections oft this Ordinance shall apply to vehicles lawfully parking in reserved parking spaces for Its shall be unlawful and a violation oft this Ordinance for any non-County employee toj park a vehicle in an employee-designated area during the hours prescribed in this section. Each hour the vehicle remains in the space after the initial violation shall be considered a separate violation ofthis Ordinance.. P.M., unless otherwise noted by signage orj 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 thel Parking Kiosk Zones listed in Section 201. See Exhibit] B. $203 - Placement and Characteristics of Parking: Improper Parking Violation 1. Multi-space parking meters/kiosks willl be installed in several locations of the 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 orj 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 spaçe 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 of traffic. markings. $204 - Deposit in Kiosk: Parking Kiosk Violations 1. Whenever a vehicle is tol be parked in the Parking Kiosk Zone during any times designated in Section 201, the driver ofthe vehicle, upon entering the parking space, shall immediately deposit such currency or other form of payment ina Parking Kiosk and: must choose the appropriate vehiclei type. The following methods are the approved means of payment for use ofa any parking A. Deposit of coins and/or bills (U.S. Currency) where applicable in the 2. space in al Parking Kiosk Zone: Kiosk. B. C. Insertion ofa a valid debit card or credit card ini the Kiosk. Purchasing of parking time by using a telecommunication device (i.e., phone, computer, mobile device, etc.) through a software application administered by ai third-party vender approved by the County. Upon making the required payment for legal parking time through ai method authorized in Section 204 ofthis Ordinance, the parking space: may bel 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 thei terms ofthis 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 oft this Ordinance. During the Parking Kiosk hours of operation, if 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 bei in violation ofthis Ordinânce. Each hour the vehicle remains in the space after the initial violation Its shall be unlawful for any person to park a vehicle, or1 to allow a vehicle to remain parked in any Parking Kiosk lots for longer than the maximum parking time prescribed by Section 201 ofthe Article, or at any time when the loti is closed 3. 4. 5. shall be considered a separate violation oft this Ordinance. 6. toj public use. There shall be no occupied campers, recreational vehicles, or other vehicles permitted in the parking lots after 6:00 P.M. $205- Oversized vehicles, trailers, and recreation vehicles 1. Oversized vehicles, trailers, and recreation vehicles will only be permitted toj park inz 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 a method authorized 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, if any vehicle is found to be: ina a parking space without having made aj payment by any oft the means described in Section 204, that vehicle shall be considered tol be in violation of this 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 ofthe Article, or at any time when the lot is closed toj public use. There shall be no occupied campers, recreational vehicles, or other Commissioners. 2. 3. considered a separate violation ofthis Ordinance. 4. vehicles permitted in the parking lots after 6:001 P.M. $206-1 Unlawful to' Tamper with Kiosk Itshall be unlawful, and a violation oft this Ordinance, for any person to deface, tamper with, open or willfully break, destroy ori impair the usefulness of thel Parking Meter Kiosk installed under the provisions ofthis Ordinance. Nothing in this section shall apply to the servicing or opening of the kiosk by employees, agents or designated individuals of the County $207-7 Ticketing of Vehicles Parked Unlawfully: Effective Payment Within 72 Hours under the direction ofthe County Commissioners. 1. Its shall bei the duty of 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 of the circumstances attending the violation. The parking enforcement personnel making the report shall also place on or attach to the vehicle ai 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 oft the County: A. Where thej parking violation pertains to Section 204 ofthis Ordinance, the sum of$50.00 within seventy-two (72) hours after thet time ofthei 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 aftert 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 this Ordinance. B. Where the parking violation pertains to Section 203 or Section 301 ofthis Ordinance, the sum of $60.00 within seventy-two (72) hours after the time ofthe 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 Where the parking violation pertains to Section 205 of this Ordinance, the: sum of$100.00 within seventy-two (72) hours after thei time oft the notice; or the sum of$110.00 when such payment is made after more than seventy-two (72) hours and within ten (10) days; or the sum of$120.00 when such payment is made after ten (10) days. Timely payment will prevent the violator's account from being forwarded to collections and from incurring the additional costs, penalties, andi interest prescribed in Section 208 ofthis Where the parking violation pertains to Section 201 ofthis Ordinance, the sum of$ $100.00 within seventy-two (72) hours after the time ofthenotice; 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 Section 208 ofthis Ordinance. C. Ordinance. D. Ordinance. $208 - Collections Procedures . If payment is not received within fourteen (14) days after the issuance ofnotice of al parking violation, the violator's account shall be deemed to 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 toi referral oft the violator's delinquent account to a The violator shall be responsible for the payment of any and all additional costs, penalties and interest associated with the collection ofhis orl her delinquent The County ofCarbon 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 oft the delinquent account. designated third-party collection agency. 2. account by a third-party collection agency. 3. $209 - Exceptions 1. By Resolution, the Carbon County Board ofCommissioners may from timei 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 with in any Parking Kiosk Zone at any time, on a temporary or permanent basis, and: if deemed necessary, toi remove parking kiosks previously installed there. Except as may otherwise be provided by Resolution oft the Carbon County Board of Commissioners, the provisions oft this Ordinance shall not apply in those areas where no-parking or special purpose parking isi in effect. Any designated parking space(s) for the Office of Veterans Affairs shall be exempt from the payment of aj parking fee while the individual is conducting business in the Office of Veterans Affairs during that office's regular hours of discretion. 2. 3. operations. $210-Towing The County reserves the right to enlist the aid ofa towing company to remove violators ofthis Ordinance from County premises. All costs associated with towing will be at the vehicle owners expense. II. LEASE OF PARKING SPACES $301 -] Parking of] Fee Basis Only: Reserved Parking Violation 1. The parking spaces in the Parking Kiosk Lots shall be available in exchange for payment ofa daily, monthly, bi-annuàl, or annual fee. The fee shall be fixedi by" thel 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. Thei 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 be in violation oft this 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 of 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 of this Ordinance. In the event of an impending snow/ice storm, Lessee shall move his, her or its vehicle(s) to the Northern most space(s) then available ini 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 soi is a violation of this Ordinance and will result in a fine and/or towing oft the vehicle at1 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 of this Ordinance. IV. LIABILITY 1. Notice is hereby given that County of Carbon is not liable to any visitor or lessee orto the owner(s) ofany 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 or 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 the motor vehicle(s) or property therein from any cause and the occurrence ofs such loss or In the event of any damage to ai 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 oft the 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 of January 1, 2025. Carbon County Board ofCommissioners in lawful session assembled. DULY ORDAINED AND ENACTED thisdl day of Dxcembar2o24byt the CARBON COUNTY BOARD OF COMMISSIONERS MichaelJ J. BORAL Sfrany6,Chairman Whe Ehbit 2 Rock C. Ahner, Member ATTEST: BRRh Eloise K. Ahner, ChiefClerk/Comnty Administrator SAVGNTOH ONV AVONIS-AYOBILVS 9 SAVONOH# AVOI-AVONOW s w 2 3 N 00 88