[HISTORY: Adopted by the City Council of the City of Harrisburg 1-25-2005 by Ord. No.
46-2004. Amendments noted where applicable.]
The Council of the City of Harrisburg deems it to be in the
interest of the citizens of the City to provide for the establishment
of a residential reserved disabled parking permit program to ensure
that persons with disabilities and severely disabled veterans residing
within the City have access to a parking space in closest proximity
to their residence as traffic and parking considerations in their
neighborhood will allow. The powers and duties as contained in this
chapter are enacted for the maintenance of the public safety and welfare
of the citizens of the City and shall be performed by an Administrator
who shall be designated by the Mayor (hereinafter "Administrator").
The Administrator may be an individual, bureau or other legal entity.
The Administrator is authorized to adopt rules and regulations
necessary for the implementation and administration of this residential
disabled parking permit program.
A.
Any City resident who has been issued a person with disability ("PD")
or severely disabled veteran ("disabled veteran") license plate, or
on whose behalf said license plate has been issued, pursuant to Section
1338 of the Pennsylvania Vehicle Code[1] may submit an application for a residential disabled parking
permit to the Administrator on a form provided by him/her. Applications
shall be submitted on an annual basis and must contain the identity
of the person with a disability or severely disabled veteran, said
person's place of residence, the make, model, registration number
and license plate number of the vehicle for which the application
is filed, and a statement as to whether the applicant drives the identified
automobile or is being driven by another identified individual because
of the applicant's disability. All applications shall be accompanied
by documentation evidencing the issuance of a PD plate or disabled
veteran plate. Failure to file a completed application will result
in such application being denied.
[Amended 12-30-2010 by Ord. No. 17-2010]
[1]
Editor's Note: See 75 Pa.C.S.A. § 1338.
B.
All applications must be accompanied by an annual nonrefundable administrative
fee of $15. The annual fee shall be prorated such that applicants
who apply for a permit after the eighth month of the permit year shall
pay only 1/3 of the total fee for such permit. Failure to include
payment of the annual fee with an application will result in denial
of the application.
A.
Upon receipt of a complete application and a favorable review of
such application by the Administrator, a permit shall be issued only
to the owner of a vehicle bearing a PD plate or disabled veteran plate.
The permit shall display the motor vehicle's serial number, license
number and the expiration date of the permit.
[Amended 12-30-2010 by Ord. No. 17-2010]
B.
Upon the issuance of a permit, the Administrator shall review the
number of existing reserved disabled parking signs in the block on
which the permit holder resides to determine whether the installation
of an additional sign is necessary or possible in consideration of
the restrictions provided by this chapter. The issuance of a residential
disabled parking permit does not guarantee the installation of a sign
in front of the permit holder's residence, nor does the issuance
of a permit guarantee or reserve to the permit holder any particular
reserved disabled parking space. Upon the issuance of a permit, the
Administrator shall notify the permit holder of the location of all
reserved disabled parking signs within a one-block radius of his/her
residence.
The Administrator is authorized to revoke the residential disabled
parking permit of any permit holder found to be in violation of this
chapter, and, upon written notification thereof, the permit holder
shall surrender such permit to the Administrator. The permit holder's
failure to surrender a residential disabled parking permit, when requested
to do so by the Administrator, shall constitute a violation of this
chapter.
Upon making a determination that there is a need for such in
a particular residential area within the City, the Administrator shall
submit a request to the City Engineer and/or the Department of Public
Works for the installation, removal or relocation of one or more reserved
disabled parking signs on the public street or highway in that area.
In determining whether installation, removal or relocation of a sign
is warranted in a particular area, the Administrator shall take into
consideration the number of permit applications received from residents
in a particular neighborhood and the number of signs already installed
in that area; provided, however, that in any block within the City
the number of reserved disabled parking spaces shall not exceed 20%
of the total number of on-street parking spaces available in that
block.
Any applicant who is aggrieved by a decision of the Administrator
regarding the issuance or revocation of a permit or the installation,
relocation or removal of a reserved disabled parking sign shall have
the right to seek a review in writing of the Administrator's
decision by the Chief of Police or his/her designee. All requests
for review must be made on the form provided by the Administrator
and be received by the Chief of Police or his/her designee within
20 days of the date of the decision of which a review is being sought.
In reviewing the Administrator's decision the Chief of Police
or his/her designee shall consult with all necessary persons, including
but not limited to the applicant, the City's Affirmative Action
Officer, residents of the affected area or representatives of the
disabled community.
A.
Notwithstanding any provision of this chapter to the contrary, the
holder of a residential disabled parking permit shall be permitted
to stand or park a motor vehicle operated by him/her or on his/her
behalf in any residential parking space designated as reserved disabled
parking. While a vehicle for which a residential disabled parking
permit has been issued is so parked, such permit shall be displayed
so as to be clearly visible through the windshield of the vehicle.
A residential disabled parking permit shall not exempt the holder
from the observance of any other traffic or parking regulation within
the City.
B.
No person other than the permit holder named thereon shall use a
residential disabled parking permit or display it on any vehicle,
nor shall any permit holder display his/her residential disabled parking
permit on any vehicle other than the vehicle for which the permit
has been issued. Any such use or display shall constitute a violation
of this chapter by the permit holder and/or by the person who so used
or displayed the permit.
[Amended 4-9-2013 by Ord.
No. 3-2013]
C.
It shall constitute a violation of this chapter for any person to
falsely represent himself or herself as eligible for a residential
disabled parking permit or to furnish any false information in an
application to the Administrator in order to obtain a residential
disabled parking permit.
D.
Upon any change in circumstance or physical condition of a permit
holder that would make the permit holder no longer eligible for a
residential disabled parking permit, the permit holder shall immediately
report any such change and surrender his/her permit to the Administrator.
The permit holder's failure to surrender a residential disabled
parking permit within 30 days of the occurrence of any such change
in circumstance or physical condition shall constitute a violation
of this chapter.
Any of the fees imposed by the provisions of this chapter may
be reduced or waived by the Administrator upon proof of indigence
being submitted by the applicant.
[Added 11-12-2014 by Ord.
No. 13-2014]
A.
Except as otherwise provided herein, whoever violates any provision of this chapter shall, upon conviction thereof, be guilty of a summary offense and subject to the general code penalty, § 1-301.99 of these Codified Ordinances.
[Amended 4-9-2013 by Ord.
No. 3-2013]
B.
No vehicle shall be parked in a space that has been posted as reserved
pursuant to the provisions of this chapter except a vehicle bearing
a disabled licence plate and displaying a permit issued pursuant to
the provisions of this chapter. Whoever parks a vehicle in violation
of any provision of this chapter will be subject to towing at the
expense of the vehicle owner and, upon conviction thereof, is guilty
of a summary offense and shall pay to the City an unlawful parking
charge of no less than $50 and no more than $200.
