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File #: 2018-0942    Version: 1
Type: Ordinance Status: Passed Finally
File created: 10/2/2018 In control: Committee on Public Safety Services
On agenda: 10/2/2018 Final action: 10/9/2018
Enactment date: 10/9/2018 Enactment #: 39
Effective date: 10/11/2018    
Title: Ordinance amending Pittsburgh City Code, Title Five: Traffic, Article VII: Parking; by amending language to Sections 541.01 and 541.04.
Sponsors: Darlene M. Harris
Indexes: PGH. CODE ORDINANCES TITLE 05 - TRAFFIC

Title

Ordinance amending Pittsburgh City Code, Title Five: Traffic, Article VII: Parking; by amending language to Sections 541.01 and 541.04.

 

Body

WHEREAS, residential streets are intended primarily for residents to park their personal vehicles near and around their homes; and,

 

WHEREAS, businesses are using residential streets as permanent parking spots for their business vehicles which are often times oversized or commercial vehicles; and

 

WHEREAS, these oversized and commercial vehicles are not only unsightly in neighborhoods, but they also pose serious public safety threats for residents and motorists pulling in and out of driveways and intersections; and

 

WHEREAS, the City of Pittsburgh has a legitimate interest in balancing the interests of businesses, residents and motorists,

 

Be it resolved by the Council of the City of Pittsburgh as follows:

 

Section 1. Amending Pittsburgh City Code, Title Five: Traffic, Article VII: Parking; by amending language to Sections 541.01 and 541.04

 

CHAPTER 541: - GENERAL PARKING REGULATIONS

 

§ 541.01 - DEFINITIONS.

For the purpose of this Chapter, the following terms shall have the meanings as set forth:

(A) OVERSIZED VEHICLE means a vehicle which meets one (1) or more of the following criteria:

(1) Vehicle exceeds seven and one-half (7.5) feet in height (not including any accessory items that may be secured to the top of the vehicle); or

(2) Vehicle exceeds nine (9) feet in width, as measured from the widest portion of the vehicle or load, but not including mirrors; or

(3) Vehicle length, including load length if any, exceeds twenty-two (22) feet in combination with any attached trailers; or

(4) Manufacturer's gross vehicle weight exceeds seventeen thousand one (17,001) pounds.

 

(B)                     COMMERCIAL VEHICLE: means a motor vehicle or combination designed or used to transport passengers or property (Also See 75 P.A.C.S. 1603):

(1)                     If the vehicle has a gross weight rating or gross vehicle weight of 26,001 or more pounds;

(2)                     If the vehicle has a gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater;

(3)                     If the vehicle is designed to transport 16 or more passengers, including the driver;

(4)                     If the vehicle is a school bus; or

(5)                     If the vehicle is transporting hazardous materials and is required to be placarded in accordance with State or Local regulations.

§ 541.02 - PROHIBITIONS IN SPECIFIED PLACES.

Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with law or the directions of a police officer or official traffic control device, no operator of a vehicle shall, and no owner of a vehicle shall allow the vehicle to:

(A) Stop, stand or park a vehicle:

(1) On the roadway side of any vehicle stopped or parked at the edge or curb of a street except that a pedalcycle may be parked as provided in Vehicle Code 3509(b)(2).

(2) On a sidewalk except that a pedalcycle may be parked as provided in Vehicle Code 3509(b)(2).

(3) Within an intersection.

(4) On a crosswalk.

(5) Between a safety zone and the adjacent curb within thirty (30) feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by official traffic control devices.

(6) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic.

(7) Upon any bridge or other elevated structure upon a street or within a street tunnel.

(8) On any railroad tracks.

(9) In the area between roadways of a divided street, including crossovers.

(10) At any place where official signs prohibit stopping.

(11) In a restricted time parking zone during the posted prohibited times.

(12) Within fifteen (15) feet of a transit stop sign.

(13) Other than a taxicab in a taxicab stand.

(14) To make repairs except in an emergency.

(B) Stand or park a vehicle:

(1) In front of a public or private driveway or within three (3) feet thereof.

(2) Within fifteen (15) feet of a fire hydrant.

(3) Within twenty (20) feet of a crosswalk at an intersection.

(4) Within thirty (30) feet upon the approach to any flashing signal, stop sign, yield sign or traffic control signal located at the side of a roadway.

(5) Within twenty (20) feet of the driveway entrance to any fire station or, when properly sign posted, on the side of a street opposite the entrance to any fire station within seventy-five (75) feet of the entrance.

(6) Where the vehicle would prevent the free movement of a public transit vehicle.

(7) On a limited access highway unless authorized by official traffic control devices.

(8) At any place where official signs prohibit standing.

(C) Park a vehicle:

(1) Within fifty (50) feet of the nearest rail of a railroad crossing.

(2) At any school where official signs prohibit parking.

(3) Overtime in a limited time parking zone.

(4) In a no parking street cleaning zone if (1) the street cleaning actually occurs that day and (2) the violation occurs before the street cleaning takes place.

(5) In a no parking zone.

(6) If displayed for sale on any street.

(7) For longer than thirty (30) minutes in a loading zone.

(8) In front of an entrance to a residence in such a manner as to limit or completely block ingress and egress to said residence.

 

§ 541.03 - PARALLEL AND ANGLE PARKING; PERMIT FOR BACKING TO CURB.

(A) Except when angle parking is permitted or when necessary in obedience to traffic regulations or traffic signs or signals, no operator of a vehicle shall stop, stand, or park, and no owner of a vehicle shall allow the vehicle to stop, stand or park in a roadway other than parallel with the edge of the roadway, headed in the direction of traffic, and with the curb side wheels of the vehicle within six (6) inches of the edge of the roadway. Upon streets marked or signed for angle parking, vehicles shall be parked at the angle to the curb indicated by the marking. Angle parking shall be head-in parking unless otherwise posted.

(B) The Director shall determine upon which streets or parts thereof angle parking is to be permitted, and shall cause the same to be so marked or signed.

(C) The Director is authorized to designate and mark no parking street cleaning zones.

(D) The Director is hereby authorized to issue to the owner of any vehicle used to transport merchandise or materials, a permit, renewable annually and with terms stated therein, allowing the driver of the vehicle the privilege of backing against the curb for loading and unloading at specific locations.

(Ord. No. 53-2015, § 1, eff. 12-9-15) § 541.04 - PASSENGERS AND LOADING ZONES.

(A) The Director is hereby authorized to determine the location and effective hours of passenger zones and loading zones by the placement of appropriate signs.

(B) Passenger and loading zones shall be for the use of the general public.

(C) No operator of a vehicle shall stop, stand or park, and no owner of a vehicle shall permit the vehicle to stop, stand or park in any passenger zone for a period of time longer than is necessary for the expeditious loading or unloading of passengers.

(D) No operator of a vehicle shall stop, stand or park, and no owner of a vehicle shall permit the vehicle to stop, stand or park in any loading zone for a period of time longer than is necessary for the expeditious loading or unloading of passengers, or delivery or pick up and loading of merchandise or materials. In no case shall the stop for loading or unloading merchandise or materials in a loading zone exceed thirty (30) minutes.

(E) In places and hours when stopping for loading and unloading merchandise or materials is permitted, an operator may back a vehicle to the curb to take on or discharge loads, provided the Director has issued a permit for loading or unloading at the specific location.

(F) No operator of a vehicle shall load or unload and no owner of a vehicle shall permit the vehicle to be loaded or unloaded after the time permitted for loading or unloading on any street.

(G) No operator of any Commercial vehicle, camper, trailer unconnected to a vehicle, or boat shall permit the vehicle to park on any street for longer than two (2) hours, between the hours of 10:00 p.m. and 7:00 a.m. However, this provision shall not apply to the loading or unloading of commercial vehicles as otherwise provided by law. This Section shall not prohibit the parking of wheelchair-accessible vans on public streets. This section does not apply to oversized vehicles, which are prohibited from parking in residential zoning districts as set forth in section 541.04 (H).

(H)                     Within residential zoning districts, it is unlawful for any person to park an Oversized vehicle or trailer unconnected to a vehicle on any public street for longer than two (2) hours, between the hours of 10:00 p.m. and 7:00 a.m. However, this provision shall not apply to the loading or unloading of Oversized or Commercial vehicles as otherwise provided by law or otherwise permitted by a validly obtained permit or variance. This section shall not prohibit the parking of wheelchair-accessible vans on public streets.

§ 541.05 - OBSTRUCTING SIDEWALK AREAS.

In loading or unloading vehicles, sidewalks shall not be obstructed without a written permit from the Director.

§ 541.06 - REGISTERED OWNER RESPONSIBLE FOR UNLAWFUL PARKING.

Every person in whose name a vehicle is registered shall be responsible for any violation of this Chapter caused by the parking of the vehicle in violation hereof. It shall be no defense that the vehicle was parked illegally by another, unless proof is presented that the vehicle had been stolen and had not been returned to the registered owner by the date of the violation, or that the vehicle had been valet parked in accordance with Chapter 548 of the City Code.

§ 541.07 - VEHICLES OBSTRUCTING TRAFFIC.

All persons who own or operate a disabled vehicle or a vehicle involved in an accident, which results in the vehicle interfering with the normal movement of traffic or creating a safety hazard, shall promptly cause the vehicle to be moved so as to eliminate the interference or hazard. In the event the owner or operator is unable, unwilling or otherwise fails to promptly remove the vehicle, the person shall be deemed to have authorized the City or its contractor to act as the person's agent to promptly remove the vehicle on the person's behalf to a place of storage and such person shall be liable to the person providing the removal and storage services for the cost thereof.

 

 

§ 541.08 - PENALTY.

Whoever violates any provision of this Chapter where another penalty is not otherwise provided shall pay a penalty of not more than twenty-five dollars ($25.00) and costs equivalent to the costs for summary offenses established by the governing authority as provided in the Judicial and Judiciary Code (see 42 P.S. 1725.1). Whoever violates Section 541.01(c)(4) shall pay a penalty of twenty-five dollars ($25.00) and costs equivalent to the costs for summary offenses established by the governing authority and provided in the Judicial and Judiciary Code (42 P.S. 1725.91), provided, however, that all summary citations issued for violations of Section 541.01(c)(4), shall specify prominently, in writing, that citations for violations of the street cleaning provisions shall be null and void if the citation is issued after street cleaning takes place on that day or if no street cleaning actually occurs that day.

§ 541.09 - PUBLIC PARKING AUTHORITY OF PITTSBURGH.

(A) The Public Parking Authority of Pittsburgh shall, pursuant to agreement with the City, have and exercise all powers necessary or convenient for the administration, supervision and enforcement of an efficient system of on-street parking regulation. The powers shall include the following powers and rights:

(1) To issue parking tickets for illegally parked vehicles;

(2) To administer, supervise and enforce the Residential Permit Parking Program in Chapter 549; and

(3) To own or lease any personal property used in connection with the exercise of any power provided herein.

(B) The authority established in division (a) shall not supersede, diminish or restrict the exercise by the City of its full police powers, which include, but are not limited to, the power to establish parking ordinances and regulations and charges for on-street parking.

(C) Ordinance No. 1, effective February 4, 2000, extended the term of existence of the Parking Authority until January 31, 2050, pursuant to the Parking Authority Law, Act of 1967, P.L. 458, as amended.