[HISTORY: Adopted by the Council of the City of Sunbury 9-23-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 101, Handicapped Parking, adopted 12-13-1993 by Ord. No. 1182, as amended.
The City Council of the City of Sunbury hereby recognizes the special needs of handicapped persons in the City of Sunbury and hereby establishes a Reserved Parking Program which will facilitate access to and from the handicapped person's place of residence. This chapter hereby replaces any and all prior ordinances relative to handicapped parking in the City of Sunbury, and any said prior ordinance is hereby abolished.
As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:
GENERAL RESERVED PARKING SIGN
A sign issued by the City of Sunbury reserving parking for one vehicle space and erected at a designated and agreed-upon area for access for either applicants who possess a handicapped or severely disabled veteran registration plate and for some reason do not qualify for a reserved handicapped parking sign; or applicants able to show an extraordinary business or personal need for the space in order to receive an application.
HANDICAPPED PERSON
An individual possessing a handicapped or severely disabled veteran registration plate.
ISSUING AUTHORITY
The City of Sunbury.
RESERVED HANDICAPPED PARKING SIGN
A sign issued by the City of Sunbury reserving parking for one vehicle space and erected at a designated and agreed-upon area for access for a specific handicapped person, which shall designate said space for the sole use of said handicapped person.
A. 
Application for reserved handicapped parking sign.
(1) 
Applications. The City of Sunbury will promulgate and have available applications for reserved handicapped parking signs. Once the application has been completed, it will be submitted for review to the City Administrator and Department of Public Works Supervisor.
(2) 
Application fee. Upon submission of an application, the applicant shall pay a one-time nonrefundable fee to the City of Sunbury, in an amount as set by resolution of the City Council.
(3) 
Renewal. All approved applicants shall be required to file a renewal application by February 1 of each year in which the reserved space is to be held. Renewal forms will be sent to the applicant each year in January. A nonrefundable renewal fee, in an amount to be set by resolution of the City Council, must accompany the application. A physician's signature is not required on the renewal application by an applicant previously adjudged permanently disabled.
(4) 
Registration plate or placard. Applicants must possess a handicapped or severely disabled veteran registration plate or a handicapped placard in order to obtain an application.
(5) 
Completion of application. Applications are to be completed entirely. Any application not completed in its entirety will be denied as ineligible for the City of Sunbury's Reserved Handicapped Parking Program.
(6) 
Physician's statement. Each applicant shall submit with the completed application a written statement from his or her physician, describing the disability at the time of the application, including but not limited to the anticipated duration of the disability. Nondriver applications will be denied.
(7) 
Decision. Approval or denial of applications for reserved handicapped parking signs will be made within 60 days by the City Administrator and the Supervisor of the Department of Public Works.
(8) 
Reserved handicapped parking sign. Upon approval of an application and payment of requisite fees, the City of Sunbury will erect one reserved handicapped parking sign, applicable to one parking space, with the applicant's vehicle registration number, for use by the applicant.
(9) 
Reserved handicapped space log. The City Administrator's office shall maintain a log of valid reserved handicapped parking spaces within City limits.
(10) 
Appeals. An applicant or affected City resident shall have a right to appeal the decision of approval or denial within 60 days of the City's decision. All appeals will be heard and decided by the City Council.
(11) 
Notice of need. It is the responsibility of the applicant to notify the City when the reserved space is no longer necessary for the applicant for any reason. In the event of the applicant moving, passing away, losing the right to drive, or no longer possessing a handicap placard, the applicant or his or her agent shall immediately inform the City Administrator's office.
(12) 
Previously granted spaces. All handicap parking spaces granted to a City resident prior to the date of adoption of this chapter shall remain viable, and no further fee relative thereto shall be required, unless and until the applicant's need for the space has ceased.
B. 
Application for general reserved parking sign.
(1) 
Applications. The City of Sunbury will promulgate, and have available, applications for general reserved parking signs in the office of the City Administrator. After completion of the required application, said application will be submitted for review to the City Administrator and Department of Public Works Supervisor, who shall have the authority to decide whether or not to issue said sign.
(2) 
Application fee. Upon submission of an application, the applicant shall pay a one-time nonrefundable fee to the City of Sunbury, in an amount as set by resolution of the City Council.
(3) 
Qualifications. Applicants must possess a handicapped or severely disabled veteran registration plate but be unable to qualify for a reserved handicapped parking sign, or they must be able to show an extraordinary business or personal need for the space in order to be granted a general reserved parking sign.
(4) 
Completion of application. Applications are to be completed entirely. Applications not completed entirely will be denied and considered ineligible to have a general reserved parking sign installed.
(5) 
Consideration period. Approval or denial of applications for general reserved parking signs will be made within 60 days of the filing of the application therefor by the City Administrator and the Supervisor of the Department of Public Works.
(6) 
General reserved space log. The City Administrator's office shall maintain a log of valid general reserved parking spaces within City limits.
(7) 
Appeals. An applicant or affected City resident shall have a right to appeal the decision of approval or denial within 60 days of the City's decision. All appeals will be heard and decided by City Council.
(8) 
Previously granted spaces. All general reserved parking spaces granted to a City resident prior to the date of adoption of this chapter shall remain viable, and no further fee relative thereto shall be required, unless and until the applicant's need for the space has ceased.
A. 
It shall be unlawful for any person not employed to do so by the City of Sunbury to erect a reserved handicapped parking sign or general reserved parking sign upon the streets or ways of the City of Sunbury. Any person who erects or utilizes such a sign is subject to penalties set forth herein.
B. 
Any stipulations made at the time of application regarding the eligibility of an applicant may be updated periodically at the request of the issuing authority.
C. 
Reserved parking signs shall not supersede existing parking regulations, except street sweeping.
D. 
Reserved parking signs will remain the property of the City of Sunbury.
E. 
Failure to notify the issuing authority that an eligible person no longer qualifies for a sign under this chapter constitutes a violation of this chapter and subjects the applicant to the penalties set forth herein.
F. 
The issuing authority will take the following factors into consideration when issuing reserved parking signs:
(1) 
Overall availability of parking in the area wherein a sign is requested.
(2) 
The living arrangements of an individual applicant, for example, a disabled person living alone and responsible for his or her own transportation.
(3) 
Existing parking problems in the area where a sign is requested.
G. 
The issuing authority reserves the right to remove any reserved parking signs or handicapped parking signs for cause shown, which cause shall include the failure of the applicant to further qualify for an ongoing reserved parking space for any reason.
H. 
No reserved parking sign will be placed in front of the home of a person other than the applicant unless that property owner signs a notarized statement stating that they have no objection to the placement of the sign.
I. 
Any person who parks in a reserved parking space and who is not authorized to do so shall be subject to immediate citation, and said vehicle will be subject to immediate removal.
J. 
The provisions of this chapter are severable. If any part of this chapter is declared to be unconstitutional, illegal or invalid, the validity of the remaining provisions shall be unaffected thereby.
K. 
The City Council will issue by resolution at the yearly budget meeting any fees that may be needed to maintain this program. It shall be the Council's intent to fund this program with moneys accumulated by handicapped parking fines.
L. 
This chapter shall become effective 10 days after final adoption by Sunbury City Council.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person violating any of the provisions of this chapter shall be guilty of a summary offense and, upon conviction thereof, shall pay a fine or penalty of not more than $1,000, plus costs of prosecution, or 90 days' imprisonment, or both. Each and every day upon which any person violates or continues to violate the provisions of this chapter shall constitute a separate offense.