[HISTORY: Adopted by the Borough Council
of the Borough of Brentwood 1-27-2009 by Res. No. 2009-13. Amendments noted
where applicable.]
This chapter regulating the issuance of handicapped
parking spaces and signs, providing for application review and procedures
for issuance of handicapped parking spaces and signs and renewal of
handicapped parking spaces and signs, shall be supplemental to the
Brentwood Borough Code. Any conflict between these rules of procedure
and the Brentwood Borough Charter shall be resolved in accordance
with the Brentwood Borough Charter.
A.
HANDICAPPED PERSON
HANDICAPPED PARKING SIGN
ISSUING AUTHORITY
OWNER
As used in this chapter, the following terms shall
have the meanings indicated, unless a different meaning clearly appears
from the context:
An individual possessing a handicapped or severely disabled
veteran registration plate or placard.
A sign issued by the Borough of Brentwood reserving parking
for one vehicle space and erected at a designated and agreed upon
area for access for a handicapped person.
Brentwood Code Enforcement Office.
Actual owner, agent or custodian of the property wherein
a sign will be erected.
B.
In this chapter, the singular shall include the plural;
the plural shall include the singular; and the masculine shall include
the feminine and neuter.
A.
Any resident of the Borough of Brentwood may make
application to the Borough of Brentwood for a handicapped parking
space only after acquiring a handicapped license plate or placard
or a disabled veteran license plate from the Commonwealth of Pennsylvania.
B.
Applications are to be completed in their entirety.
An incomplete application form will be denied by the Borough of Brentwood.
C.
All applications shall be delivered to the Borough
of Brentwood, 3624 Brownsville Road, Pittsburgh, Pennsylvania 15227,
c/o Office of Code Enforcement.
D.
New applications shall be reviewed and approved by
the Brentwood Borough Code Enforcement Office, which will make the
final determination regarding the granting of a handicapped parking
space.
E.
Renewal applications shall be reviewed and approved
by the Brentwood Borough Code Enforcement Office, which will make
the final determination regarding renewal of existing spaces.
F.
Each applicant shall complete an application whether
for a new permit or a renewal, and provide the Borough of Brentwood
with all the information requested.
G.
Temporary applications shall be reviewed and approved
by the Brentwood Code Enforcement Office, which will make the final
decision in granting this temporary handicapped space for a period
not to exceed three months in length. If the space is needed for a
longer period of time, a renewal application must be filled out and
returned to the Borough of Brentwood no later than two weeks before
the expiration date of the handicapped space or it will be denied.
Renewal applications for temporary handicapped parking spaces shall
be reviewed and approved by the Brentwood Code Enforcement Office,
which will make the final determination regarding the renewal of existing
spaces.
H.
The Borough of Brentwood will promulgate and have
available said applications for handicapped parking signs.
J.
All approved applications shall be subject to annual
review.
K.
Each applicant shall submit with the completed application
a written statement from his or her treating physician describing
disability at the time of application, including, but not limited
to the anticipated duration of disability.
L.
Approval or denial of applications will be made within
30 days by the Brentwood Code Enforcement Office.
A.
Each permit for a handicapped parking space shall be renewed on an annual basis, except for temporary handicapped spaces, as in § 119-3G, above.
B.
Applications for renewal, except for temporary space
renewal, shall be submitted to the Borough of Brentwood, 3624 Brownsville
Road, Pittsburgh, Pennsylvania 15227, between January 1 and January
31 of each calendar year, with the renewal fee as identified on the
most current Borough of Brentwood Fee Resolution.[1]
C.
In making the final determination regarding the renewal
of a previously permitted handicapped space, the Borough of Brentwood
shall apply the criteria contained in this chapter.
D.
Once a permit is not renewed for any reason, any application
by the same applicant shall be considered a new application and shall
be governed by the provisions of this chapter.
A.
The initial application fee for permanent and temporary
handicapped parking spaces is identified on the most current Borough
of Brentwood Fee Resolution. This fee also applies to any person permitted
a handicapped parking space who fails to file a renewal application
within the time frame allowed by this chapter.
B.
The application fee for renewal applications for handicapped
parking spaces shall be as identified on the most current Borough
of Brentwood Fee Resolution.
C.
All fees for permanent and temporary handicapped parking
spaces and renewal of permanent and temporary handicapped parking
spaces are nonrefundable.
A.
No more than two handicapped parking spaces shall
be located on any block where parking is permitted on both sides of
the street.
B.
No more than one handicapped parking space shall be
located on any block where parking is permitted on only one side of
the street.
C.
All handicapped parking spaces permitted prior to
the effective date of this chapter shall be allowed to remain as located
but must be renewed annually between January 1 and January 31 of each
calendar year thereafter.
D.
In the event that previously permitted spaces exceed
the maximum allowed per block, the Borough of Brentwood shall refrain
from granting any additional spaces in that block until the number
of handicapped spaces falls below the maximum allowed.
The Brentwood Code Enforcement Office shall
maintain a log of all existing handicapped parking spaces at the time
of the effective date hereof. Further, the Brentwood Code Enforcement
Office will maintain a log of all applications for handicapped parking
spaces for a maximum of 30 days.
A.
No permit shall be granted where adequate handicapped-accessible,
off-street parking is available (i.e., the applicant has a driveway).
B.
The owner of the vehicle used for the applicant must
reside at the same address as the applicant. A copy of the vehicle
registration must accompany the application as proof of residence.
C.
Any change in address or change in health status must
be reported to the Borough of Brentwood, in writing, within 30 days
of change.
D.
All applicants shall meet at least one of the following
requirements:
(1)
The applicant is wheelchair confined.
(2)
The person requesting the permit is caring for a person
who has a severe physical or mental disability.
(3)
The applicant is unable to walk a distance of 200
feet without stopping to rest. The applicant may be asked to perform
this and/or produce documentation verifying this condition.
(4)
The applicant has severe cardiopulmonary insufficiency
requiring the use of ambulatory oxygen.
(5)
The applicant requires the use of prosthetic devices
that restrict normal ambulation.
(6)
The applicant has other physical or mental limitations
that the Borough of Brentwood believes are severe enough to warrant
a handicapped parking space.
The Borough of Brentwood reserves the right
to revoke any permit or remove any sign for a handicapped parking
space at any time for any reason.
A.
A person owning a vehicle parked in a designated handicapped
parking area without a handicapped plate or placard properly displayed
and qualifying under this chapter will be subject to citation.
B.
It shall be unlawful for any person or owner of realty
to erect a handicapped parking sign upon the streets of the Borough
of Brentwood without first making application for a handicapped parking
sign through the Borough of Brentwood. Any violations hereunder will
constitute a summary criminal offense under the laws of the Commonwealth
of Pennsylvania, and each day of violation hereunder will be considered
a separate offense.
C.
The fine and penalty for a violation of the regulations
here and before designated shall be $50, if paid to the Borough of
Brentwood within five days of the time of said violation; and, if
paid after the lapse of five days after the time of such violation,
then the fine shall be $100 until citation is issued.
Disabled veterans of any branch of the armed
forces are exempt from paying any and all application fees, renewal
fees or penalties as set forth in this chapter upon showing proof
of same.
A.
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.
B.
Handicapped parking spaces shall not supersede existing
parking regulations, including, but not limited to, street sweeping,
snow ban or snow removal regulations.
C.
Handicapped parking signs will remain the property
of the Borough of Brentwood.
D.
The issuing authority will police and control areas
governed by a handicapped parking sign.
E.
The issuing authority will take the following factors
into consideration in the issuance of handicapped parking signs:
(1)
Overall availability of parking in the area wherein
a sign is requested.
(2)
The living arrangements of an individual applicant
herein; for example, a disabled person living alone and responsible
for his or her own transportation.
(3)
Existing parking problems in the area wherein a sign
is requested.
(4)
Impact on traffic and safety concerns.
F.
The granting of a handicapped parking space permit
does not entitle the applicant to the exclusive use of this space.
Any person with a "person with a disability" or "severely disabled
veteran" plate or placard may park in the space. See 75 Pa.C.S.A.
§ 3354(d)(2)-(3), (f).
The foregoing policy may be amended from time
to time by a majority vote of the Council.
If any sections, sentence or provision of this
chapter, or the application thereof to any person or circumstances,
shall be declared invalid, such invalidity shall not affect any of
the other sections, sentences, provisions or applications of this
chapter which can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are declared
to be severable.
All prior resolutions are hereby repealed in
whole or in part to the extent inconsistent herewith.
The provisions of this chapter shall take effect
on February 1, 2009.
