Borough of Brentwood, PA Chapter 119 Handicapped Parking

[HISTORY: Adopted by the Borough Council of the Borough of Brentwood 1-27-2009 by Res. No. 2009-13. Amendments noted where applicable.]

GENERAL REFERENCES

Borough property — See Ch. 41.

Parking fines — See Ch. 153.

Parking in residential districts — See Ch. 154.

Streets and sidewalks — See Ch. 180.

Vehicles and traffic — See Ch. 201.

Fees — See Ch. A215.

§ 119-1 Effect on Charter.

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.

§ 119-2 Definitions and word usage.

A. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context:

HANDICAPPED PERSON

An individual possessing a handicapped or severely disabled veteran registration plate or placard.

HANDICAPPED PARKING SIGN

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.

ISSUING AUTHORITY

Brentwood Code Enforcement Office.

OWNER

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.

§ 119-3 Application procedure.

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.

I. Upon approval of a new or temporary handicapped parking space, the applicant shall pay a fee as identified on the most current Borough of Brentwood Fee Resolution.[1]

[1] Editor's Note: See Ch. A215, Fees.

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.

§ 119-4 Application renewal.

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]

[1] Editor's Note: See Ch. A215, Fees.

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.

§ 119-5 Fees. [1]

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.

[1] Editor's Note: See Ch. A215, Fees.

§ 119-6 Location of handicapped parking spaces.

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.

§ 119-7 Issuing authority to maintain logs.

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.

§ 119-8 Permit requirements and standards.

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.

§ 119-9 Revocation of permit and removal of sign.

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.

§ 119-10 Violations and penalties.

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.

§ 119-11 Exemptions.

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.

§ 119-12 Eligibility stipulations; issuance and effect of regulations and signs.

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).

§ 119-13 Amendments to rules of procedure.

The foregoing policy may be amended from time to time by a majority vote of the Council.

§ 119-14 Severability.

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.

§ 119-15 Repealer.

All prior resolutions are hereby repealed in whole or in part to the extent inconsistent herewith.

§ 119-16 Effective date.

The provisions of this chapter shall take effect on February 1, 2009.