1 BILL NO.

10 OF 2019
2
3 Moved by: ____________________________
4
5 An Ordinance amending the Codified Ordinances of the City of Harrisburg by creating
6 Chapter 3-147 authorizing and providing for a business parking permit program; the opportunity
7 for the establishment of business parking districts; authorizing the establishment of related
8 eligibility conditions and procedures; providing for certain powers and duties for the
9 administration of said program; authorizing the Mayor to designate an Administrator thereof;
10 authorizing the adoption of fees of said program; and providing penalties for violation of Chapter
11 3-147 and related regulations.

12 WHEREAS, the City of Harrisburg (“City’) is commited to fostering the growth of economic
13 developoment and commercial investment in and around the City; and

14 WHEREAS, the Council for the City (“Council”) finds that the City promoting economic
15 developoment is a necessary component of the City’s long term efforts to continue financial growth;
16 and

17 WHEREAS, the Council finds that encourgaging various commercial operations to locate,
18 expand, and maintain their operations within the City fosters economic development and financial
19 stability; and

20 WHEREAS, the Council finds that establishment of commercial parking districts by

21 providing for a business permit parking program can assist in fostering economic development; and

22 WHEREAS, the Commonwealth of Pennsylvania has promulgatd a Vehicle Code, 75

23 Pa.C.S. § 1, et seq., that provides that a muncipality may reasonably exercise its police powers over
24 streets and highways within its boundaries, in accordance 75 Pa.C.S. § 6109(a); and

25 WHEREAS, the Vehicle Code enumerates activities that are presumed to be a reasonable
26 exercise of police powers by a municipality; and

27 WHEREAS, the City is empowered under the Vehicle Code, 75 Pa.C.S. § 6109(a)(13) to
28 prohibit or regulate the use of designated streets by any class of vehicle or kind of traffic; and
29 WHEREAS, the City is empowered under the Vehicle Code, 75 Pa.C.S. §§ 6109(a)(1) and
30 3353 to prohibit or regulate the stopping, standing, or parking of vehicles on streets within its
31 boundaries; and

32 WHEREAS, the City is authorized under the Third Class City Code, 11 Pa.C.S. §12435(1)
33 to enact rules and regulations that are expedient or necessary for the proper management, care and
34 control of the City and its finances, and the maintenance of the peace, good government, safety and
35 welfare of the City and its trade, commerce and manufactures; and

36 WHEREAS, the Council finds that a business permit parking program that will authroize and
37 regulate primary access to available on-street parking spaces by businesses and their respective
38 employees and patrons will foster economic development and commercial stability within the City;
39 and

40 WHEREAS, the Council finds that the regulation and permitting of the stopping, standing,
41 and parking of vehicles that provide for commercial parking districts will better provide for the
42 maintenance of the peace, good government, safety and welfare of the City and its trade, commerce,
43 and manufacturing opportunities and operations in commercial areas of the City.

44

45 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF

46 HARRISBURG, AND IT IS HEREBY ORDAINED BY AUTHORITY OF THE SAME, as
47 follows:

48 PART 5
49 CHAPTER 3-130
50 STOPPING, STANDING & PARKING
51 ****
52
53 SECTION 1. AMENDMENT TO THE CITY TRAFFIC CODE.
54 Part 5 of Title 3 of the Codified Ordinances for the City of Harrisburg is hereby amended
55 as follows:
56

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57 “CHAPTER 3-147
58 COMMERCIAL PARKING DISTRICTS
59
60 § 3-147.1. Title.
61
62 This Part 5 of Title 3 shall be known and may be cited as the COMMERCIAL PARKING
63 DISTRICTS.
64
65 § 3-147.2. Purpose.
66 The Council of the City of Harrisburg (“the Council”) deems it to be in the interest of the citizens
67 of the City of Harrisburg (“the City”) to provide for the establishment of a commercial parking
68 districts through a business parking permit program that will provide for primary access to
69 available on-street parking spaces by businesses and their respective employees and patrons. The
70 Council finds that the regulation and permitting of stopping, standing and parking of vehicles by
71 authorizing commercial parking districts will better provide for the maintenance of the peace,
72 good government, safety and welfare of the City and its trade, commerce and manufacturing
73 opportunities and operations in commercial areas of the City.
74
75 § 3-147.3. Administration.
76 A. The powers and duties contained in this chapter shall be performed by an
77 administrator who shall be established by the Mayor (“Administrator”). The
78 Administrator may be a City employee, Bureau or Office of City government, City-
79 affiliated authority or private contractor.
80 B. The Administrator is authorized to establish and abolish, subject to approval by
81 City Council as hereinafter provided: (1) commercial parking districts on the public
82 highways on which the parking of motor vehicles shall be restricted to vehicles
83 bearing a valid parking permit issued pursuant to this chapter; and (2) the hours on
84 weekdays, excepting City holidays, during which such restriction shall apply and
85 be enforced. This authority shall be in addition to and may be exercised in
86 conjunction with any other authority to regulate the times and conditions of motor
87 vehicle parking.

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 88 § 3-147.4. Definitions.
89 For the purpose of this chapter, the following terms shall have the following meanings unless the
90 context clearly dictates otherwise:
91
92 AUTHORIZED USER
93 Any employee, guest or tenant (or employee or guest of such tenant) of a permit holder, authorized
94 by such permit holder to use a commercial parking permit validly issued by the Administrator and
95 legally held by such permit holder.
96
97 COMMERCIAL
98 Any non-residential use, including religious, health or educational purposes, whether conducted
99 on a for-profit or non-profit basis.
100
101 COMMERCIAL AREA
102 A contiguous area containing public highways or parts thereof primarily abutted by commercial
103 property.
104
105 COMMERCIAL PROPERTY
106 Real property in commercial use in a commercial area.
107
108 PERMIT HOLDER
109 Any commercial property owner who holds a commercial parking permit pursuant to this chapter.
110
111 PROPERTY OWNER
112 Any natural person, firm, partnership, corporation, limited liability company or other legal entity
113 which owns commercial property located, in whole or in part, in a commercial area.
114
115 § 3-147.5. Finding of Eligibility; City Council Action.
116 A. A commercial area shall be eligible for establishment as a commercial parking
117 district upon a finding by the Administrator that regulating the stopping, standing,
118 and parking of motor vehicles in such commercial area will be expedient for the

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119 better maintenance of the peace, good government, safety, and welfare of the City
120 and its trade, commerce, and manufactures (“Finding of Eligibility”). A
121 commercial area shall be eligible for abolishment as a commercial parking district
122 upon a withdrawal by the Administrator of the Finding of Eligibility of the
123 commercial area.
124 B. In considering whether to make or withdraw a Finding of Eligibility, the
125 Administrator shall take into consideration the following factors:
126 (1) The local and metropolitan needs with respect to providing adequate
127 parking for commercial property owners and their respective employees,
128 guests, and tenants;
129 (2) The possibility of a reduction in total vehicle miles driven in the City;
130 (3) The likelihood of alleviating traffic congestion, intersection failure,
131 overtime parking, illegal parking, and related health and safety hazards;
132 (4) The desire and need of the surrounding commercial property owners for a
133 commercial parking district and their willingness to bear administrative
134 costs in connection therewith;
135 (5) What if any engineering and traffic investigation may be required under the
136 regulations of the Pennsylvania Department of Transportation; and.
137 (6) The recommendations, if any, of the City Engineer and Traffic Engineer.
138 C. To decide whether to make or withdraw a Finding of Eligibility, the Administrator
139 may conduct, upon the Administrator’s own initiative or upon a petition of a
140 majority of the commercial property owners within such commercial area
141 addressed to the Administrator, a public forum to receive information relevant to
142 the Finding of Eligibility. Such forum shall be held only after due notice has been
143 published in a newspaper of general circulation. The notice shall clearly and
144 succinctly state the purpose of the forum, the exact location and boundaries of the
145 commercial parking district under consideration, and the criteria for a Finding of
146 Eligibility. During such forum, any interested person shall be entitled to appear
147 and be heard. The Administrator may limit the time and manner of presentation of
148 information at the forum in the interest of ensuring good order and sufficient
149 opportunity for all interested persons to relevant present information.

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150 D. Within 30 days following the close of the public forum, the Administrator shall
151 decide whether to make or withdraw the Finding of Eligibility and issue a report of
152 the decision based on the record of the forum and the Administrator’s research. The
153 report shall include a recommendation of specific streets and enforcement hours for
154 the proposed commercial parking district.
155 E. If the Administrator makes a Finding of Eligibility as to a commercial area not
156 established as a commercial parking district, or withdraws a Finding of Eligibility
157 as to an established commercial parking district, then the Administrator shall
158 forward the report to City Council for action.
159 F. No commercial parking district shall be established or abolished unless City
160 Council approves the Administrator’s report by resolution.
161

162 § 3-147.6. Establishment and Abolishment of Commercial Parking Districts.

163 A. Following approval by City Council of the Administrator’s report, the
164 Administrator shall establish a commercial parking district (including streets and
165 hours) or abolish a commercial parking district in accordance with the action of
166 City Council.
167 B. Upon the establishment of a commercial parking district, the Administrator shall
168 issue commercial parking permits as hereinafter provided and shall cause signs to
169 be erected in the district indicating the times, locations, and conditions under which
170 parking shall be by permit only.
171 C. Upon the abolishment of a commercial parking district, the Administrator shall
172 revoke all commercial parking permits for the district and cause the signs of the
173 district to be removed.
174
175 § 3-147.7. Issuance of Commercial Parking Permits.
176 A. Each commercial property owner in a commercial parking district shall be entitled
177 to purchase up to the number of commercial parking permits for which the
178 commercial property owner is eligible as provided herein, at such fees as are
179 established by City Council from time to time. A permit shall be issued, upon
180 application and payment of the applicable fee.

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181 B. The initial permit fee shall be $_________ per calendar year, payable in advance
182 of the first day of the calendar year. In the case of a newly-established commercial
183 parking district, the permit fee for the initial partial year shall be prorated. In the
184 case of the abolishment of an established commercial parking district, permit fees
185 shall not be refunded.
186 C. The maximum number of commercial parking permits for which each commercial
187 property owner shall be eligible shall be the number of off-street parking spaces
188 required by §7-327.6 of the City Zoning Ordinance or the analogous provision of
189 any successor zoning ordinance (without taking into consideration the continuation
190 of prior parking non-conformities which the law allows) for the existing or intended
191 commercial use of the commercial property owner’s commercial property, minus
192 the number of accessory parking spaces on such commercial property, minus the
193 number of legally-permitted off-street parking spaces otherwise available to the
194 commercial property owner by lease, easement or other arrangement. For purposes
195 of the preceding sentence, if a commercial property owner’s commercial property
196 is located partly in the commercial parking district and partly outside of the
197 commercial parking district, then the number of required parking spaces and the
198 number of accessory parking spaces and the number of otherwise available parking
199 spaces shall be pro-rated based on the proportionate area of the commercial
200 property located in the commercial parking district relative to the total area of the
201 commercial property.
202
203 § 3-147.8. Permit Application; Permit Provisions.
204 A. Following the establishment of a commercial parking district in accordance with
205 the action of City Council, the Administrator shall, for a period of thirty days,
206 accept applications for commercial parking permits by commercial property
207 owners who own commercial property in the commercial parking district.
208 B. A commercial property owner shall not be eligible for commercial parking permits
209 unless the commercial property owner holds a valid Business Privilege and
210 Mercantile License or Business Privilege Landlord License in good standing. The
211 application for commercial parking permits shall contain the commercial property

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212 owner’s name, addresses, and, as applicable, Business Privilege and Mercantile
213 License or Business Privilege Landlord License number. The Administrator may
214 require the commercial property owner to present its Business Privilege and
215 Mercantile License or Business Privilege Landlord License at the time of making
216 said application in order to verify the contents and good standing thereof.
217 C. The application for commercial parking permits shall contain the calculation of the
218 number of commercial parking permits for which the applicant commercial
219 property owner is eligible.
220 D. If the number of commercial parking permits for which all applicant commercial
221 property owners are eligible is equal to or less than the number of available
222 commercial parking permits in the commercial parking district, then each
223 commercial property owner shall be issued the full number of commercial parking
224 permits for which the commercial property owner is eligible upon payment of the
225 applicable fee. If the number of commercial parking permits for which all applicant
226 commercial property owners are eligible is greater than the number of available
227 commercial parking permits in the commercial parking district, then the number of
228 commercial parking permits issued to the applicant commercial property owners
229 shall be prorated.
230 E. The commercial parking permits shall be renewed annually upon application of the
231 commercial property owner showing continued eligibility for the same number of
232 commercial parking permits.
233 F. Commercial parking permits shall be reissued to the successor commercial property
234 owner of the real property to which they relate, upon application of the successor
235 commercial property owner showing eligibility for the same number of commercial
236 parking permits.
237 G. The permit shall display the name of the commercial property owner, the
238 commercial parking district number, the permit expiration date, and such other
239 information as may deemed necessary or expedient by the Administrator.
240

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241 § 3-147.9. Responsibility of Permit Holder and Authorized User.
242 A. The permit holder of any commercial parking permit shall be responsible for the
243 violations of the regulations of the commercial parking district by any authorized
244 user of the permit holder.
245 B. Any authorized user of a commercial parking permit shall be permitted to park a
246 motor vehicle at no additional cost in the portion of the public highway established
247 for on-street parking generally, in the commercial parking district established on
248 the permit, during the enforcement hours of the district. While a vehicle is so
249 parked, such permit shall be displayed so as to be clearly visible through the
250 windshield of the vehicle. A commercial parking permit shall not guarantee or
251 reserve to the permit holder a parking space within the established commercial
252 parking district.
253 C. During the enforcement hours of a commercial parking district, any person may
254 park a motor vehicle, without cost and without displaying a commercial parking
255 permit, for temporary periods not exceeding fifteen minutes.
256 D. Outside the enforcement hours of a commercial parking district, a commercial
257 parking permit shall not be required for parking in a commercial parking district.
258 E. A commercial parking permit shall not allow an authorized user to park a motor
259 vehicle in such places or during such times as the stopping, standing, or parking of
260 motor vehicles is prohibited or set aside for specified types of vehicles or for street
261 cleaning or snow removal. A commercial parking permit shall not exempt the
262 permit holder or its authorized users from the observance of any traffic regulation
263 other than commercial permit parking restrictions in the commercial parking
264 district for which the permit is issued.
265 F. No person shall use a commercial parking permit or display it on a vehicle operated
266 or parked in a commercial parking district other than the permit holder named
267 thereon, or an authorized user of same, and any such use or display by any person
268 other than the permit holder or any such authorized user shall constitute a violation
269 of this chapter by the person who so used or displayed such parking permit.
270

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271 G. No parking ticket shall be issued to a vehicle parked in the manner permitted by
272 this Chapter.
273 H. It shall constitute a violation of this Chapter for any person to falsely represent
274 himself or herself as eligible for a commercial parking permit or to furnish any false
275 information in an application to the Administrator in order to obtain a commercial
276 parking permit.
277 I. It shall constitute a violation of this Chapter for any person to make, possess, or
278 otherwise display upon or in a vehicle any copy or facsimile of commercial parking
279 permit.
280

281 §3-147.10. Duties of Administrator; Fees.

282 A. The Administrator is authorized to revoke the commercial parking permit of any
283 permit holder found to be in violation of this Chapter, and, upon written notification
284 thereof, any such permit holder shall surrender such permit to the Administrator.
285 A permit holder’s failure to so surrender a commercial parking permit shall
286 constitute a separate violation of this Chapter.
287 B. The Administrator is authorized to establish application fees to cover the
288 administrative burden of processing applications, including the Administrator’s
289 compensation therefor.
290 C. The Administrator is authorized to adopt rules and regulations necessary for the
291 administration of the business parking permit program.
292 D. The Administrator is authorized upon petition of the majority of the commercial
293 property owners in any commercial parking district, or upon the Administrator’s
294 own initiative, to adjust the enforcement hours of commercial permit parking in a
295 commercial parking district upon a review of the relevant conditions prevailing in
296 the district. The Administrator shall transmit notice of the enforcement hours of
297 each commercial parking district, and any change in the enforcement hours, to the
298 City’s Traffic Engineer for appropriate action. No change in the enforcement hours
299 shall be effective until the signs in the commercial parking district reflect the
300 changed hours.
301

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302 § 3-147.11. Limitation on Authority of Administrator and Enforcement

303 Nothing herein shall be deemed to prohibit the right of passage of the traveling public, including
304 the right as against other members of the traveling public to stop temporarily for business necessity,
305 accident or the ordinary exigencies of travel.

306
307 § 3-147.12. Enforcement Governed by this Chapter.
308 A. This Chapter 3-147 shall be deemed to authorize and empower authorized agents
309 of the City to enforce parking regulations consistent with this Chapter and the
310 Vehicle Code, 75 Pa.C.S. § 101, et seq., in accordance with such provisions or as
311 otherwise authorized by law.
312 B. Nothing in this Chapter 3-147 shall be deemed to impede the police powers of the
313 City.
314
315 §3-147.99. Penalty.
316 A. Whoever violates any provision of this Chapter shall, upon conviction thereof, pay
317 to the City a fine in the amount of $30.00 for each separate violation.
318 B. Any duly authorized employee of the City under the direction of the Mayor, Chief
319 of Police, or Administrator, or a party authorized thereto by intergovernmental
320 cooperation agreement with the City, shall notify the violator of a violation of this
321 Chapter by placing a written notice or ticket under the windshield wiper, or in some
322 conspicuous place on such vehicle, indicating the time of the violation, the amount
323 of the fine, the place where payment of the fine shall be made and the manner of
324 payment. The fine shall be paid not later than ten (10) days after the date of the
325 violation, and the notice or ticket placed on the vehicle at the time of the violation
326 shall advise the owner or operator of such vehicle that, unless the unlawful parking
327 charge is paid within the time limits herein specified, the fine payable upon
328 conviction of such unlawful parking and failure to pay such charge shall be $50.00
329 as a fine plus costs and, in default of payment thereof, imprisonment for not more
330 than ten (10) days.
331

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332 SECTION 2. DELEGATION.
333 Appropriate City officials are authorized to take such actions as are necessary to effectuate
334 this ordinance.
335
336 SECTION 3. SEVERABILITY.
337 If any provision, sentence, clause, section, or part of this ordinance, or the application
338 thereof to any person or circumstance is for any reason found to be unconstitutional, illegal, or
339 invalid by a court of competent jurisdiction, such unconstitutionality, illegality, or invalidity shall
340 not affect or impair any of the remaining provisions, sentences, clauses, sections or parts of this
341 ordinance. It is declared as the intent of the Council of the City of Harrisburg that this ordinance
342 would have been adopted had such unconstitutional, illegal, or invalid provision, sentence, clause,
343 section, or part not been included.
344
345 SECTION 4. REPEALER.
346 All ordinances or parts of ordinances in conflict herewith be and the same are hereby
347 repealed.
348
349 SECTION 5. EFFECTIVE DATE.
350 This ordinance shall take effect in accordance with the law.
351
352 Seconded by: ________________________

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