BOROUGH OF BALDWIN
ORDINANCE NO. _______
AN ORDINANCE OF THE BOROUGH OF BALDWIN,
COUNTY OF ALLEGHENY, COMMONWEALTH OF
PENNSYLVANIA, AMENDING ORDINANCE 368, AND ALL
SUBSEQUENT
AMENDMENTS,
ESTABLISHING
PROHIBITIONS FOR THE PARKING OF VEHICLES ON
PRIVATE RESIDENTIAL LAWN AREAS WITHIN THE
BOROUGH
WHEREAS, the Borough of Baldwin wishes to amend Ordinance 368, which was
enacted on September 16, 1968, and all subsequent amendments thereto; and
WHEREAS, the indiscriminate parking of motor vehicles on residential lawn areas
and outside of off-street parking areas which were specifically built and designed for the
parking of motor vehicles has many deleterious effects on the community; and
WHEREAS, if left unregulated, can create problems which can have a detrimental
impact on property values and the aesthetic beauty of the community; and
WHEREAS, the parking of vehicles in such a manner causes the destruction of lawn
areas, resulting in the creation of dirt, mud and other debris on private and public property
and said debris being scattered and spread onto public streets by motor vehicles so parked
when those vehicles leave the premises; and
WHEREAS, the prohibition of parking vehicles on private residential lawn areas
within the Borough of Baldwin will promote the health, safety, and welfare of the community
by preventing hazards associated with said parking, and by eliminating a nuisance that creates
the appearance of economic blight.
NOW, THEREFORE, BE IT ORDAINED and ENACTED by the Borough
Council of Baldwin, Allegheny County, Pennsylvania, and it is ORDAINED and
ENACTED as follows:
SECTION 1: That Ordinance 368 is hereby amended by adding Article III, which
will read as follows:
ARTICLE III: Parking Regulations; Residential Private Property
§154-17 Preamble/Purpose/Intent.
The indiscriminate parking of motor vehicles on residential lawn areas and outside of offstreet parking areas which were specifically built and designed for the parking of motor
vehicles has many deleterious effects on the community. These include the destroying of
lawn areas, resulting in creating dirt, mud and other debris on private and public property.
Not only do these deleterious conditions lower the value of individual properties, thereby
causing an overall lowering of all property value in the neighborhoods, but also mud, dirt
and other debris are scattered and spread onto public streets by motor vehicles so parked
when those vehicles leave the premises. Therefore, in order to stop the scattering of these
materials, which have a deleterious effect on the public streets and the community as a
whole, the Borough hereby declares that the parking of motor vehicles on residential
private property outside of off-street parking areas is a public nuisance and prohibits the
same.
§154-18 Definitions:
Driver. A person who drives or is in actual physical control of vehicle.
Lawn Areas. The areas on a residential property not specifically designed for the parking
of motor vehicles. Areas specifically designed for the parking of motor vehicles are hard
surfaced driveways or pads constructed of concrete, asphalt, brick, gravel with barriers or
permanent curbing, and the like.
Motor Vehicle. A vehicle which is self-propelled including, but not limited to, automobiles,
trucks, motorcycles, scooters, motor bikes and recreational vehicles, except one which is
propelled solely by human power or any vehicle which is designed for the conveyance of
one handicapped person.
Off-Street Parking. The halting of a motor vehicle in any area beyond the street right-ofway, whether occupied or not, except momentarily for the purpose of and while actually
engaged in loading or unloading property or passengers.
Off-Street Parking Area. An area or structure located beyond the street right-of-way, which
is designed to be used for parking motor vehicles.
Owner. Means any person, operator, firm or corporation having a legal or equitable interest
in the property; or recorded in the official records of the municipality as holding title to the
property; or otherwise having control of the property, including the guardian of the estate
of any such person, and the executor or administrator of the estate of such person if ordered
to take possession of real property by a court.
Vehicle. Every device in, upon or by which any person or property is or may be transported
or drawn upon a highway.
§154-19 Parking Prohibited.
Off-street parking of motor vehicles is expressly prohibited on lawn or landscaped areas
located in residential districts.
§154-20 Responsibility of Owners/Drivers.
The owner and/or driver shall be responsible for complying with the provisions of §15419 of this Chapter.
§154-21 Notice of Field Violations.
Upon the discovery of any violation under the terms of this Ordinance, the Borough,
through its authorized agents, is authorized to give notice to the owner and/or driver of a
violation either by personal delivery to such owner and/or driver, by United States mail
directed to the last known address of such owner and/or driver or by leaving the same on
the vehicle which is parked in violation of this Ordinance.
If such owner and/or driver, within 7 days after delivery, mailing or leaving of such notice,
pays to the Borough the sum of $25.00 for the violation, the same will constitute full
satisfaction for the violation noted in said notice.
Each day that a violation exists shall constitute a separate violation. The failure of such
owner and/or driver to make payment, as aforesaid, with 7 days shall render such owner
and/or driver subject to the penalties as provided herein.
If such owner shall, in fact, make payment after such 7 day period but before the filing of
a complaint with the District Magistrate on account of such violation, the sum of $35.00
shall be in full satisfaction of such violation
§154-22 Penalties.
On neglect or refusal of the owner and/or driver to comply with the provisions of this
Ordinance, he, she or they shall, upon conviction of such default, neglect, failure or refusal,
pay a fine of not less than $50.00 and not more than $500.00, plus costs of prosecution and,
in default of payment of such fine and costs, to undergo imprisonment for not more than 5
days. The continuation or reoccurrence of the violation of this Ordinance after a period of
24 hours shall constitute a new and separate offense for each successive additional 24- hour
period.
SECTION 2: That all other provisions of Ordinance 368, as amended, shall remain
in full force and effect and this amended ordinance shall take effect immediately.
ORDAINED AND ENACTED INTO LAW, this ___ day of _______, 2016.
ATTEST:
BOROUGH OF BALDWIN
_______________________
Borough Manager
By: _______________________________
Michael Stelmasczyk, President of Council
APPROVED AS TO FORM:
Examined and approved this ___ day of
______, 2016.
________________________
Borough Solicitor
________________________________
David Depretis, Mayor