[Adopted 6-3-1998 by Ord. No. 22-1998; amended in its entirety 3-3-2010 by Ord. No.
3-2010]
The City Council of the City of Nanticoke, recognizing the special
needs of handicapped persons in the City of Nanticoke, hereby establishes
a handicapped parking program which will facilitate access to and
from the handicapped persons' place of residence.
As used in this article, the following terms shall have the
meanings indicated, unless a different meaning clearly appears from
the context:
A sign or signs issued by the City of Nanticoke reserving
parking for specific handicapped tagged vehicle(s) erected at a designated
area for access for handicapped persons who applied for and secured
the reserved space.
An individual possessing a handicapped or severely disabled
veteran registration plate or a handicapped parking placard.
Nanticoke City's Handicapped Coordinator and Police Department.
A.Â
The City of Nanticoke will promulgate and have available applications
for handicapped parking signs. Said applications can be obtained from
the Nanticoke City Municipal Building located on East Ridge Street
in Nanticoke. Once the application has been completed, it shall be
submitted to the City's Handicapped Coordinator for consideration.
B.Â
Application fee. Upon submission of the application, the applicant
shall include a check or money order in the amount, as established
from time to time by City Council, made payable to the Nanticoke Police
Department. This is to cover the costs of the signs and posts as well
as the administrative and labor costs associated with installation
of the signage. It is understood that when the handicapped signs are
no longer needed, they shall become the property of the City of Nanticoke.
Said application fee will be refundable in full to the applicant if
it is determined that the application is disapproved by the issuing
authority. The initial cost shall be as set from time to time by resolution
of City Council. If existing sign holders wish to add an additional
sign, they must pay a fee as set from time to time by Council for
the additional sign. If the old sign has to be removed and installed
again, then that sign will have to be paid for as well. The costs
to install the signs may be amended via resolution as labor and material
costs increase.[1]
C.Â
All approved applications shall be subject to annual review and are
subject to revocation for cause shown.
D.Â
Applicants must possess a handicapped or severely disabled veteran
registration plate or placard in order to obtain an application. (Owners
of disabled veteran plates, as distinguished from owners of severely
disabled veteran's plates, are not eligible for handicapped parking
signs.)
E.Â
Applications are to be completed in their entirety.
F.Â
Approval or denial of applications will be made within 45 days by
the issuing authority.
G.Â
Upon approval of an application and payment of requisite fees, the
City of Nanticoke will erect two handicapped parking signs as near
as practicable to the applicant's residence, with at least one of
the signs displaying the vehicle registration plate(s) which will
be authorized to use the reserved space. The only vehicles which will
be permitted to be parked in the reserved space will be those vehicles
bearing the registration plates set forth on the signage. Any other
person who parks in this space will be subject to immediate towing,
with towing costs to be paid by the violator. Further, any unauthorized
person using the space will be subject to the penalties set forth
in this article.
H.Â
The City of Nanticoke Handicapped Coordinator shall maintain a log
of all applications for handicapped parking signs and shall provide
the Nanticoke Police Department a copy thereof.
A.Â
It shall be unlawful for any person to erect handicapped parking
signs in the City of Nanticoke without first making application to
the City. Any person who erects or utilizes handicapped parking signs
who has not followed the requirements of this article is subject to
penalties set forth herein.
B.Â
Any stipulations made at the time of application regarding the eligibility
of any applicant shall be updated periodically at the request of the
issuing authority.
C.Â
Handicapped parking signs shall not supersede existing parking regulations,
including, but not limited to, street sweeping, snow parking ban or
snow removal regulations.
D.Â
The issuing authority shall be notified immediately if an eligible
person no longer qualifies for a sign under this article; for example,
if an eligible person enjoys an improved health condition or moves
from the premises wherein the sign is located. His survivors shall
notify the issuing authority in the event of his or her death. Failure
to notify the issuing authority constitutes a violation of this article.
E.Â
The issuing authority shall take the following factors into consideration
when issuing handicapped parking signs:
(1)Â
Overall availability of parking in the area wherein a sign is requested.
(2)Â
Living arrangements of an individual applicant; for example, a disabled
person living alone and responsible for his or her own transportation.
(3)Â
Existing parking problems in the area where a sign is requested.
(4)Â
Availability of off-street parking.
F.Â
The Nanticoke City Police Department reserves the right to remove
any handicapped parking signs for cause shown.
A.Â
Any vehicle parked in a handicapped parking space which is not displaying
the specifically designated registration plate(s) shall be subject
to a fifty-dollar fine.
B.Â
Failure to respond to a City parking ticket will cause a citation
to be filed against the violator in the office of the Magisterial
District Judge.
C.Â
Any person violating any of the other provisions of this article
shall, upon conviction thereof, be sentenced to pay a fine of not
less than $50 and not more than $1,000 plus costs or to a term of
imprisonment not to exceed 90 days, or both. Each day that a violation
of this article continues shall constitute a separate offense.
A.Â
For all handicapped parking signs installed prior to the effective
date of this amendment, the provisions of Ordinance No. 16 of 2004
shall apply for enforcement purposes, and Ordinance No. 16 of 2004
shall continue to be effective with regard to those signs.
B.Â
For all handicapped parking signs installed after the effective date
of this amendment, whether they be new applications or upgrades for
existing handicapped parking space holders from one sign to two signs,
the provisions of this amendment shall apply and all ordinances or
parts of ordinances inconsistent herewith are repealed.
