Words and phrases used in this article shall have, for purposes
of this article, the meanings given them in the then-current Pennsylvania
Motor Vehicle Code (MVC), except in those instances where the context
clearly indicates a different meaning. The singular shall include
the plural and the masculine shall include the feminine.
Any person (applicant) desiring to have a handicapped parking
space reserved on any street within the Borough on which parking is
presently permitted shall submit a written request to the Borough
office, which shall include the following information:
A. The name, address and telephone number of the person making the request;
B. The name, address and telephone number of the handicapped person
or severely disabled veteran for whom the handicapped parking space
is requested, if different from the person making the request;
C. The registration number of the handicapped or severely disabled veteran
registration plate or placard assigned by the Pennsylvania Department
of Transportation (PennDOT) to the person for whom the handicapped
parking space is requested;
D. A description of the physical impairment and whether a device such
as a wheelchair, crutches, or walker is used for the purpose of motion;
E. The location of the requested handicapped parking space and the name,
address and telephone number (if listed in a published telephone directory)
of the owners of property within 60 feet of the proposed parking space;
F. Any other information requested by the Borough Manager;
G. An application fee is hereby established and must be paid to the
Borough at the time of submission of the request required by this
section. The amount of any such fee shall be set from time to time
by resolution of the Port Vue Borough Council, which may be amended
from time to time by resolution. No request pursuant to this article
shall be considered until the fee is paid in full.
The Borough Manager shall review all requests submitted pursuant
to this article and shall submit to Borough Council a recommendation
regarding each request. The Borough Manager may obtain a traffic and
engineering study pursuant to 75 Pa.C.S.A. § 6109(e) and
the associated regulations relating to each such request. The Borough
Manager's recommendations shall be submitted to the Borough Council
within 60 days following receipt of the specific request by the Borough.
Borough Council shall consider the request at the next regularly scheduled
meeting of Borough Council after submission of the Borough Manager's
recommendation, and Borough Council shall take whatever action it
deems appropriate in its sole discretion.
The owners of properties within 60 feet of the proposed parking
space shall be notified by the Borough Manager of any request, which
notification shall include the date, time and place of the meeting(s)
of the Borough Council at which such request may be reviewed.
Borough Council shall consider the following criteria in determining
whether to grant a request for a parking space for a handicapped person
or severely disabled veteran:
A. The person for whom the handicapped parking space is requested shall
be a permanent resident of the Borough;
B. The applicant shall present evidence establishing that a handicapped
or severely disabled veteran registration plate or placard has been
issued by PennDOT to the handicapped person or severely disabled veteran
for whom the handicapped parking space is being requested;
C. No more than one handicapped parking space shall be issued to an
individual within the corporate boundaries of the Borough;
D. No handicapped parking space shall be provided for the location requested
if there exists a reasonably accessible and practicable off-street
parking space to serve such location;
E. The recommendations of any traffic and engineering study, if obtained,
shall be considered; and
F. Such other criteria as the Borough Manager or Borough Council deems
applicable or appropriate under the particular facts and circumstances
of each request.
The parking of any vehicle not lawfully bearing a handicapped
or severely disabled veteran registration plate or placard when the
vehicle is being operated by or for transportation of a handicapped
person or severely disabled veteran shall be prohibited at all times
in any handicapped parking space reserved by resolution pursuant to
this article, and no parking shall be permitted at any such handicapped
parking space by any vehicle other than that for which the handicapped
parking space has been reserved.
Nothing in this article is intended or shall be construed to
limit the Borough from establishing handicapped parking spaces within
the Borough in any other manner and at any time Borough Council deems
appropriate, to the extent authorized by the MVC or other laws.
Borough Council specifically authorizes its duly designated
Police Department, the Borough Manager, and any other person authorized
by Borough Council by motion passed at a public meeting of the Borough
Council to enforce this article and to issue citations for violations
of this article and to prosecute any such violations pursuant to the
terms of this article.