[HISTORY: Adopted by the City Council of
the City of Pottsville 4-14-1997 by Ord. No. 578. (This ordinance
also repealed former Ch. 133, Handicapped Parking, adopted 11-9-1982
by Ord. No. 309.) Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 210.
Any vehicle owner with a vehicle registered
to an address within the City of Pottsville, after acquiring a handicapped
or disabled veteran registration plate from the Commonwealth of Pennsylvania,
may make application to the City of Pottsville for a handicapped parking
space sign. This application shall be made on the appropriate form
to the City Health Officer, who will review each application to determine
whether the applicant, by virtue of medical or physical necessity,
requires a parking space in close proximity to his or her residence
so as to make a significant improvement in the quality of life of
said applicant or a person in the applicant's immediate family with
whom he or she resides and for whom the applicant is the primary care
provider. If the City Health Officer approves, he shall forward the
application to the Bureau of Police, who will review each application
approved by the City Health Officer to determine if the physical area
in which the requested handicapped parking space sign is to be placed
requires the placement by considering the physical circumstances of
the area and the lack of alternative parking available. The City Health
Officer and the Bureau of Police will conduct a review of each handicapped
parking space sign erected under the provisions of this chapter on
or about the date of the yearly renewal, to determine if the circumstances
under which the sign was originally erected still exist. The City
Health Officer or the Chief of Police may, whenever he reasonably
believes the placement of the handicapped parking space sign is inappropriate
or unnecessary, deny the application or, if after review determines
circumstances no longer exist which make the handicapped parking sign
appropriate or necessary, he may direct the Street Department to remove
the sign.
If the sign is approved for installation, the
applicant shall pay $100 to cover the cost of labor and materials.
[Added 4-9-2012 by Ord. No. 815[1]]
If a handicapped parking space is created under this chapter,
the handicapped parking space so created may be used by any person
parking a vehicle lawfully bearing registration plates or placards
issued to handicapped persons. This chapter shall not be construed
as granting the applicant the exclusive right to park his/her vehicle
in the handicapped parking space created hereunder.
[Added 4-9-2012 by Ord. No. 815]
Nothing in this chapter shall exempt individuals utilizing handicapped
parking spaces from other parking restrictions or regulations applicable
to the space/block.
[Added 4-9-2012 by Ord. No. 815]
Either the Health Officer or Police Department may authorize
handicapped parking space(s) in excess of the limitations set forth
below:
A.
One-way roadways. When the roadway is a one-way roadway, no more
than two handicapped parking spaces may be granted on each side of
the block on which parking is permitted.
B.
Two-way roadways. When the roadway is a two-way street, no more than
three handicapped parking spaces may be granted on each side of the
block on which parking is permitted.
C.
Other parking restrictions. The Police Department may consider other
parking restrictions applicable to a particular block and other information
regarding the block, including but not limited to the size of the
block, and availability of off-street parking and may further restrict
the number of handicapped parking spaces to maintain an adequate number
of unregulated parking spaces, as they deem appropriate.
D.
Existing handicapped parking spaces. Handicapped parking spaces in
excess of the limitations set forth in this section and existing on
the effective date of this chapter shall be permitted to remain in
place, subject to the removal if a significant parking hardship in
the neighborhood exists or if the annual reporting requirement is
not met.
[Added 4-9-2012 by Ord. No. 815]
A.
Generally. For a single application for a handicapped parking space,
sign placements will be positioned as close as possible to the place
of residence of the applicant as the street design permits. In the
event more than the permissible number of handicapped parking spaces
are requested on a one- or two-way roadway, the HP spaces may be located
or relocated in the center of the block or otherwise adequately positioned
to collectively reflect, as a whole, the needs of all applicants,
as determined by the Police Department.
B.
Authority to post. The Superintendent of Streets will direct all
postings, sign removals and replacements of handicapped parking spaces
in accordance with Department rules and regulations.
C.
Disputes regarding sign placement. The Police Department shall be
responsible for investigating City and citizen complaints regarding
the placement of handicapped parking signs. The Police Department
shall require all complaints be in writing and shall conduct an investigation
of the complaint within 90 calendar days. Upon conducting an investigation,
the Police Department shall report the complaint, its investigation,
and a recommendation to the Chief of Police. The Chief shall resolve
all complaints in a manner he or she deems just and appropriate, including
but not limited to the removal or relocation of the handicapped parking
space.
[Added 4-9-2012 by Ord. No. 815]
After approval of the application, the applicant shall submit
an annual renewal application along with a yearly renewal fee of $25.
The renewal application shall be obtained from the Health Office and
require the applicant to verify the continuance of this/her disability.
The City reserves the right to request that an applicant submit medical
records, which evidence the applicant's ongoing disability. In
January of each year, the Health Office shall mail (via regular first
class mail) each applicant (and applicants under prior rules and regulations)
the renewal application. If the applicant fails to submit the renewal
application and fee by March 15 of that year or the applicant is no
longer eligible for a handicapped parking space, the Health Officer
will inform the Superintendent of Streets the handicapped parking
space should be removed.
[Added 4-9-2012 by Ord. No. 815]
The applicant shall be solely responsible for the cost of any
and all state-related applications, filings, and documentation required
for a placard or registration plate. The placard or registration plate
must be displayed while the vehicle is parked in a public designated
HP space.
[Added 4-9-2012 by Ord. No. 815]
It shall be unlawful for any person to knowingly and willfully,
with the intent to deceive, make a false statement to any public official
for purposes of obtaining a handicapped parking space. Any person
who violates this provision shall, upon conviction thereof, be fined
not more than $1,000.
