Old Forge Borough may establish a handicapped parking space
on a street within the Borough of Old Forge for those qualifying as
a handicapped person or severely disabled veteran and may remove such
a parking space on a street within Old Forge for those no longer eligible
pursuant to the criteria and conditions hereinafter set forth.
The Borough Manager is hereby authorized to make all determinations
with respect to establishment, continuation and removal of handicapped
parking spaces. This delegated authority is applicable to preexisting
handicapped spaces, their continuation and removal, notwithstanding
that such spaces were established and authorized by a separate ordinance.
Anyone aggrieved by the determination of the Borough Manager may appeal
to the Borough Council of Old Forge Borough, and the determination
on the appeal shall be final. The appeal must be in writing and submitted
to Old Forge Borough within 15 days of the Borough Manager's determination,
with a payment of a filing fee as set from time to time by resolution
of the Borough Council. If the appeal is not timely filed or if no
appeal is timely filed, the aggrieved individual's appeal shall be
waived.
A resident of Old Forge or other individual requesting an on-street
handicapped parking space within the Borough of Old Forge ("applicant")
shall submit an application to the Borough, along with a filing fee
as set from time to time by resolution of the Borough Council. All
applications so submitted shall be reviewed for approval or rejection
by the Borough Manager in consultation with the Mayor and Police Chief
under the criteria and conditions hereinafter set forth. The applicant
shall furnish all requested information and otherwise cooperate with
the Borough in order that a determination be made of such applicant's
eligibility or continued eligibility for the handicapped parking space
under the criteria and conditions hereinafter set forth.
The criteria and conditions for the creation and continuation
of a handicapped parking space within the Borough of Old Forge at
the request of an applicant shall be as follows:
A.
The applicant requesting the handicapped parking space, or continuation
thereof, shall exhibit proof of the issuance of or qualification for
a handicapped person's or severely disabled veteran's license plate
or placard under the regulations of the Pennsylvania Department of
Transportation.
B.
No more than one handicapped parking space shall be established upon
any one individual application. No more than one handicapped parking
space shall be provided per unit of a residential or other building.
No more than two handicapped parking spaces shall be allowed per residential
dwelling or other building.
C.
No handicapped parking space shall be allowed along a street or portion
thereof where parking is prohibited, or which is of an insufficient
width, or where the physical conditions of the street or traffic conditions
would make it unsafe for a handicapped parking space for access and
use by a handicapped/disabled person.
D.
No handicapped parking space shall be provided for any residence
or other location if there exists a reasonably accessible and practicable
off-street parking area or space to serve such residence or other
location, if the requested location does not serve or no longer serves
as the applicant's residence, or if the applicant has been deceased.
E.
The applicant for whom the handicapped parking space or continuation
thereof is sought shall demonstrate that he or she has a physical
impairment, such as a loss of use of a lower extremity or a cardiopulmonary
condition, which substantially restricts their movement or requires
their use of a wheelchair, crutches, walker or similar device or requires
assistance from another person for purposes of locomotion.
F.
No handicapped parking space shall be created or continued unless
it can be demonstrated that the applicant's physical condition justifying
such a parking space is reasonably expected to persist for a period
of not less than one year.
G.
For the establishment or continuation of a handicapped parking space,
a report from the applicant's treating physician may be considered,
but any such report without more shall not be considered conclusive.
Any such medical report shall be independent and reliable, and otherwise
not be from a physician whom is familiarly related to the applicant.
H.
In the event there is a material improvement in the physical condition
of the applicant to the extent that the applicant would no longer
qualify as a handicapped person or severely disabled veteran under
the criteria set forth herein, the handicapped parking space shall
be removed. Likewise, the handicapped parking space shall be removed
if there is a change in the circumstances or conditions, such as the
applicant's death or moving to another location, such that the handicapped
parking space shall no longer be necessary or otherwise appropriate
under the criteria referred to herein.
The Borough shall solely determine the particular location of
the handicapped parking space within the street and shall have the
appropriate signs or street or curb markings placed thereat.
Nothing herein shall create a right in any person to a handicapped
parking space or continuation thereof. Any approval of a handicapped
parking space at the request of or for a particular applicant or the
establishment of a handicapped parking space at a particular location,
whether heretofore or hereafter, shall not create or be deemed to
have created a right to a handicapped parking space or continuation
thereof in any person or appurtenant to any property.
The discretion of Old Forge Borough to establish handicapped
parking areas at other locations where the Borough deems appropriate
or to continue preexisting handicapped parking spaces is not limited
hereby.
Any person, other than the applicant for which this parking
space has been established, found to be parking in such handicapped
space or who owns a vehicle parked in such space shall be in violation
of this article.
Any person violating the provisions of this article shall be
deemed guilty of a summary offense and punished by a fine of not more
than $600, plus costs of prosecution.
Any vehicle found to be in violation of the provisions of this
article shall, upon the direction of any police officer of the Borough
of Old Forge, be towed at the owner's sole cost and expense.
