(a) Definitions.
(1) "Public parking lot" means any land owned by or having been dedicated for a public use, other than as a street or alley, to the Municipality, the State or any subdivision or school district thereof, and which is improved to accommodate travel by motor vehicles, and upon some portion of which parking of motor vehicles is invited or permitted, expressly or impliedly, whether by publicly or privately owned motor vehicles, or both, and whether for a consideration or not.
(2) "Private parking lot" means any land of any owner, other than any of those mentioned in the definition of "public parking lot," which land is improved to accommodate travel by motor vehicles, and upon which four or more motor vehicles can be parked simultaneously without blocking ingress and egress of other cars, the operators of which are intending to park thereon or to travel thereon for any purposes intended to be accommodated by the owner, and upon which land the owner invites or permits parking by other than motor vehicles in the owner's service.
(3) "Travel by motor vehicles" means movement of any motor vehicle upon the land in such a place as to come into close proximity to parked motor vehicles or persons leaving or approaching parked motor vehicles.
(4) "Owner" means any person entitled to the use and possession of the land, whether as freeholder, vendee, lessee, tenant or otherwise.
(5) "In the owner's service" means owned, driven or leased as lessee by the owner, his agent, employee, independent contractor or other person with a pre-existing contractual relationship to the the owner, which relationship contemplates such use of the owner's land. Motor vehicles under bailment solely for parking or storage or the rendition of services thereon by the owner shall not be deemed in the owner's service although driven exclusively by one of the foregoing while on the owner's premises.
(6) "Parking lot" means a public parking lot, or a private parking lot, or both, as the context may require.
(b) No person shall park upon, or otherwise use, a parking lot in violation of regulations of the following types conspicuously posted on or about such parking lot:
(1) Concerning prohibition of the use of the parking lot or some portion thereof by motor vehicles of certain types or weights. However, no owner shall be required to post signs prohibiting a use by a vehicle which obviously cannot be reasonably accommodated;
(2) Concerning prohibition of the use of the parking lot or some portion thereof by motor vehicles being driven for other than certain specified purposes or by other than certain persons or classes of persons;
(3) Concerning payment for the privilege of parking.
(c) No person other than the owner or his duly authorized agent shall post any signs purporting to establish such regulations.
(Ord. 87-005. Passed 4-1-87.)
(d) Except as otherwise provided in this subsection, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.