Township of Spring Garden, PA General Parking Regulations

Any person requesting the designation of a handicapped parking space within the Township shall provide the following information, at a minimum, on or attached to the application form, accompanied by a fee of $50, provided by the Township:

(a)

Identity of resident applicant.

(b)

Address of the resident for which the parking designation is requested.

(c)

Make, model, and license plate number of the resident's vehicle (if any).

(d)

Basis/reason for the request for a handicapped parking space.

(e)

Type of disability.

(f)

A statement of disability supported by proof of the asserted disability from a medical doctor, doctor of osteopathy, or doctor of podiatry medicine ("physician"). The physician's statement must be signed by the resident's physician, must be issued less than six months prior to the date of the application, and must specifically set forth the nature of the disability, how the disability limits the resident's mobility, and the estimated duration of the resident's disability.

(g)

Duration of disability (permanent or temporary).

(h)

Whether off-street parking is available immediately adjacent to or on the resident's property.

(i)

The location of any handicapped parking spaces currently on the resident's street.

(j)

The signature of the resident applicant verifying the validity of all statements made on the application.

(k)

Evidence of a valid and current PennDOT handicapped parking placard or license plate.

The possession of a handicapped registration plate or placard does not guarantee that the resident's application for a restricted parking space will be granted by the Township.

A resident shall no longer be eligible for a handicapped parking space when he or she no longer has a disability, no longer possess a valid registration plate or placard, or no longer resides within the Township.

In the event that a resident handicapped or disabled person moves from the residence for which the parking restriction was issued, is no longer in need of such spot (due to the elimination of the disability), or no longer maintains a valid handicapped placard or plate, such resident shall notify the Township, upon which the Township shall remove the parking restriction.

Review and approval process.

The Township Police Chief and Manager shall review every application submitted under this section. The review shall confirm the information presented in the application, investigate the location proposed for restriction, and determine if a handicapped parking space is permissible and in the Township's best interest.

The Police Chief and Manager may require other relevant information from the resident applicant, as deemed necessary, other than that listed above, in order to complete the approval process, including medical records or a physician's note evidencing ongoing disability. The Township may also require an independent medical review of the resident's medical records and asserted disability.

Upon review and approval of the application, the Township Manager will submit an ordinance to the Board of Commissioners for approval of a restricted parking space.

Upon the Board of Commissioners' approval, the Township will erect an appropriate sign, with the standard wheelchair symbol, along the public street as close as possible to the affected resident's residence. In positioning this sign and post, the Township shall consider the needs of the individual in conjunction with the Township's interest in the safety of all motorists.

(5)

Upon approval of the handicapped parking space, the resident shall reimburse the Township for any and all costs associated with the creation and designation of a parking space, including but not limited to the cost of the sign, post, ordinance advertising, installation, and staff review time, and any future replacement or maintenance of the sign or post.

Enforcement and violations.

A resident approved for a restricted parking space shall provide evidence of a current handicapped placard or plate on an annual basis in conjunction with a reenrollment application. The reenrollment application shall require the resident to verify the continuance of his or her disability in January of each year following the approval of a handicapped parking space. An updated physician's note must be attached to the reenrollment application. A resident's failure to submit the evidence or reenrollment application, or the Township's determination that the resident is no longer eligible for a restricted parking space, will result in removal of the parking restriction (including signs and markings).

The posting of a handicapped parking space shall permit the use of said space by any vehicle displaying a valid handicapped registration plate or placard.

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 the purpose of obtaining a handicapped parking space for himself/herself or another person. Any person who violates any portion of this section shall, upon conviction thereof, be fined not less than $500 nor more than $1,000 and, upon failure to pay said fine, may be subject to imprisonment.

Approved handicapped parking spaces. The following handicapped parking spaces have been approved by the Police Chief and Township Manager:

[Amended 6-9-2010 by Ord. No. 2010-07; 7-14-2010 by Ord. No. 2010-08; 3-14-2012 by Ord. No. 2012-10; 7-8-2015 by Ord. No. 2015-03; 11-11-2015 by Ord. No. 2015-04; 9-13-2017 by Ord. No. 2017-06]

	Location	Number of Spaces
	2 Elmwood Boulevard [Added 6-9-2021 by Ord. No. 2021-03]	1
	1502 Fourth Avenue [Added 8-11-2021 by Ord. No. 2021-06]	2
	Irving Road (west side), 50 feet (located at a point 115 feet north of York Hospital South Drive to a point 165 feet north of York Hospital South Drive)	—
	641 North Franklin Street	1
	Sixth Avenue, south side of the 1400 block, from a point 108 feet west of South Ogontz Street to a point 139 feet west of South Ogontz Street [Added 3-9-2022 by Ord. No. 2022-02]	1
	536 South Ogontz Street	1
	1380 Spahn Avenue [Repealed 5-11-2022 by Ord. No. 2022-06]
	Spahn Avenue, south side, at a point 143 feet west of South Ogontz Street to a point 183 feet west of South Ogontz Street [Added 5-11-2022 by Ord. No. 2022-06]	1

§ 300-34 Residential permit parking.

[Amended 5-14-1997 by Ord. No. 97-05]

Findings and purpose. The Township of Spring Garden finds that:

Certain residential areas in the Township of Spring Garden are subjected to commuter vehicles parking, therefore depriving the residents of those areas of spaces in which to park their own vehicles;

Those residential streets are also subjected to a high degree of commuter traffic which substantially reduces the quality of the ambient air level; and

The establishment of a parking permit program for certain affected areas should facilitate efficient movement of traffic by providing for parking preference during certain hours of the day and days of the week. Therefore, the Township of Spring Garden considers it to be in the interest of the people of the Township of Spring Garden to provide for the establishment of a residential permit parking program to ensure primary access to available parking spaces by neighborhood residents and so to provide a cleaner ambient air level.

Definitions. For the purpose of this section, words and term listed in this subsection, as follows, shall have the following meanings:

COMMUTER VEHICLE

A motor vehicle parked in a residential area by a person not a resident of that residential area.

PROPRIETOR

A person who owns or leases real estate within a residential area of which he is not a resident, but who owns or manages a business enterprise or professional office maintained at that address; for the purpose of this section, a proprietor shall be entitled to one parking permit for that business or professional office address.

RESIDENT

A person who owns or leases real property within a residential area and who maintains either a voting residence or bona fide occupancy, or both, at that address.

RESIDENTIAL AREA

A contiguous area containing public highways or parts of public highways primarily abutted by residential property or residential and nonbusiness property (such as schools, parks, places of worship, hospitals and nursing homes).

Eligibility for permit. Where restricted parking has been ordained, and where the enforcement of such restricted parking would work a hardship upon the property owners or their family members and/or tenants in the restricted area, the Township, upon proper application, will issue a permit authorizing the property owners or their family members and/or tenants to park in front of their residences or places of business or profession in excess of the time limit prescribed in the ordinance without being subjected to the usual fine for such violation.

In order to administer the provisions of this section, the Township will issue a proper sticker which the property owners, their family members and/or tenants must affix to their motor vehicles to indicate their right for such extended parking period.

The property owners who pay real estate taxes in the Township, their family members and/or tenants shall be issued this permit without additional fees or charges.

The Police Department of the Township shall determine in which areas the strict enforcement of the parking regulation would work a hardship upon the owners, their family members and/or tenants.

Designation of residential permit parking areas. Residential permit parking areas are identified specifically in previous sections of this chapter. Signs shall be erected along the streets in each residential permit parking area, indicating the days, hours, locations and conditions under which parking shall be by permit only.

Application for permit. Application for a residential parking permit shall be made to the Chief of Police by the person desiring the permit, who shall be only the owner or the driver of a motor vehicle who resides on or is a proprietor of property immediately adjacent to a street or other location within a residential parking permit area. A separate application shall be required for each motor vehicle, and each application shall contain the following information: the name of the owner or the driver, as the case may be, of the motor vehicle; the address of the resident or the proprietor, as the case may be; the make, model and registration number of the motor vehicle. At the discretion of the Chief of Police, the applicant shall be required, at the time of making application, to present the vehicle registration card or other proof of residence.

Issuance of permit. Upon receipt of the application and determination by him that the information upon the application shows that the applicant is entitled to a residential parking permit, the Chief of Police shall issue to the applicant a residential parking permit, which shall be valid for the designated time. The permit shall display the residential parking permit number and date of issue. It shall be unlawful and a violation of this section for any person to display other than the current and valid permit while standing or parked in a residential permit parking area at any time when those permits are to be displayed.

Temporary parking permits. Temporary parking permits may be issued by the Chief of Police to bona fide visitors of residents of a designated residential permit parking area.

Responsibility of permit holder.

Notwithstanding any provision of this section to the contrary, the holder of a residential parking permit shall be permitted to stand or park a motor vehicle operated by him within one block of his property in any designated residential parking area during those times when parking of motor vehicles is permitted in that area. While a vehicle for which a residential parking permit has been issued is so parked, that permit shall be displayed at the lower left corner of the windshield above the Pennsylvania inspection sticker as is to be clearly visible through the windshield of the vehicle. A residential parking permit shall not guarantee or reserve to the holder a parking space within a designated residential permit parking area.

A residential parking permit shall not authorize its holder to stand or park a motor vehicle in any place where or at any time when stopping, standing or parking of motor vehicles is prohibited or set aside for other specified types of vehicles, nor shall the permit exempt its holder from the observance of any traffic or parking regulation other than residential permit parking regulation or restriction.

No person other than the permit holder whose name appears on the permit shall set a residential parking permit or display it on a vehicle operated; any such use or display by a person other than the permit holder shall constitute a violation of this section by the permit holder and by the person who so used or displayed the parking permit.

It shall constitute a violation of this section for any person falsely to represent himself as eligible for a residential parking permit or to furnish false information in an application to the Chief of Police in order to obtain a residential parking permit.

(a)

Revocation of permits. The Chief of Police shall have authority to revoke the residential parking permit of any permit holder found to be in violation of any provision of this section. Upon written notification to him of the revocation, the permit holder shall surrender the permit to the Chief of Police. Failure to do so, when so requested, shall constitute a violation of this section, provided that any person receiving such a notice may, within 10 days after the date of the notice, appeal to the Board of Commissioners for a hearing on the revocation, and the decision of the Board of Commissioners shall be final.

§ 300-35 Parking of trailers.

[Added 8-9-1995 by Ord. No. 95-02; 5-8-1996 by Ord. No. 96-01; 12-10-1997 by Ord. No. 97-08]

Definitions. The following words, when used in this section, shall, for the purpose of this section, have the meanings respectively ascribed to them in this section, except in those instances where the context clearly indicates a different meaning:

BOAT

Any instrument or vehicle, whether or not self-propelled, which is designed primarily for the transportation of persons or cargo on or in water.

CAMPER

Every vehicle used in conjunction with motor vehicles and which is used primarily for the temporary housing of persons or supplies.

OPERATOR

Every person who is in actual physical control of a tractor.

OWNER

The person to whom or which the registration plate for the tractor-trailer or semitrailer or vehicle or motor vehicle has been issued by the Department of Transportation of the Commonwealth of Pennsylvania or the corresponding department of a state other than Pennsylvania.

PARKING

The standing of a vehicle, except police or fire department vehicles or ambulances, whether or not upon a highway, street or alley or any part of the right-of-way thereof, other than temporarily for the purpose and while actually engaged in loading or unloading or in obedience to traffic regulations or traffic signs or signals.

PERSON

Every natural person or persons, firm, copartnership, association or corporation.

RIGHT-OF-WAY

That area of public easement in lands of others obtained by use, condemnation or purchase, including, but not limited to, the paved portion of any street, alley or highway and any berm or shoulder incident and adjacent thereto.

SEMITRAILER

Every vehicle of the trailer type so designed and used in connection with a motor vehicle that some part of its own weight and own load rest upon or is carried by another vehicle.

TRACTOR

Every vehicle which is self-propelled and which is designed or used to draw a trailer or semitrailer.

TRAILER

Every vehicle, wagon, truck, boat or camper without mode of power designed to carry property or passengers wholly on its own structure and to be drawn by a motor vehicle.

VEHICLE

Every deice in, upon or by which any person or property is or may be transported or drawn or which may draw devices upon a public highway, excepting devices used exclusively upon stationary rails or tracks.

Parking prohibited. The parking of a trailer, semitrailer, boat or camper when the same are not attached to a tractor or a vehicle upon any of the streets, alleys, highways or rights-of-way in Spring Garden Township is hereby prohibited.

Operator penalties. Any operator who violates the provisions of Subsection B of this section shall be, upon conviction before any Magisterial District Judge, sentenced to pay a fine of not less than $50 and not more than $100 and costs for prosecution and, in default of payment thereof, shall be imprisoned in the county prison for a period of not less than 10 days nor more than 20 days.

Owner penalties. Any owner who violates or permits the violation by his servants, agents, employees or operators of the provisions of Subsection B of this section shall, upon conviction before any Magisterial District Judge, be sentenced to pay a fine of not less than $50 nor more than $100 and costs for prosecution and, in default thereof, if a natural person, shall be imprisoned in the county prison for a period of not less than 10 days nor more than 20 days, or said fine and costs may be recovered by legal means by which fines and penalties may be recovered.

Each day a separate offense. Each day that any person shall park a trailer, semitrailer, boat or camper in violation of the provisions of this section shall be a separate and distinct offense.

§ 300-36 Parking prohibitions in specified places.

[Added 5-8-1996 by Ord. No. 96-01]

Except when necessary to avoid conflict with other traffic or to protect the safety of any person or vehicle or in compliance with law or other directions of a police officer or official traffic control device, no person shall stop, stand or park a vehicle:

In front of a public or private driveway.

Within 15 feet of a fire hydrant.

Within 20 feet of a crosswalk at an intersection.

Within 30 feet upon the approach to any flashing signal, stop sign, yield sign or traffic-control signal located at the side of a roadway.

Within 20 feet of the driveway entrance to any fire station.

Within the Township public works access turnaround located between 432 and 428 West Springettsbury Avenue.

[Added 10-8-2014 by Ord. No. 2014-09]

In a designated handicapped parking space, unless specifically authorized by way of a handicapped parking plate, placard or other official designation.

[Added 9-11-2019 by Ord. No. 2019-03A]

In Grantley Park parking lot from dawn to dusk, unless when actively using the Grantley Park facilities.

[Added 12-11-2019 by Ord. No. 2019-06]

§ 300-37 Roadside parking regulations.

[Added 5-8-1996 by Ord. No. 96-01]

Two-way highways, road, streets or alleys. Except as otherwise provided in this article, every vehicle standing or parking upon a two-way highway, road, street or alley shall be positioned parallel to and with the right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the pavement.

One-way highways, roads, streets or alleys. Except as otherwise provided in this article, every vehicle standing or parked upon a one-way highway, road, street or alley shall be positioned parallel to the curb or edge of the pavement in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or, in the absence of a curb, as close as practicable to the right edge of the pavement, or its left-hand wheels within 12 inches of the left-hand curb or, in the absence of a curb, as close as practicable to the left edge of the pavement.

§ 300-38 Violations and penalties.

[Amended 5-8-1996 by Ord. No. 96-01; 12-23-2003 by Ord. No. 03-10]

Any person who shall violate any provision of this Article IV, except as provided in § 300-34, shall, upon conviction thereof before the Magisterial District Judge serving Spring Garden Township, be sentenced to pay a fine of not less than $50 nor more than $600 and costs of prosecution.

In addition, it shall be the duty of the parking enforcement person and/or the police officers of the Township to report to the Chief of Police all violations of any provisions of this article, indicating in each case:

The section thereof violated.

The license number of the vehicle involved in such violation.

The location where such violation took place.