Borough of Hamburg, PA Part 8 HANDICAP PARKING SPACE REGULATIONS

§ 15-801 Definitions.

[Ord. 764-09, 4/13/2009]

As used in this Part, the following terms shall have the meanings indicated:

BOROUGH

The Borough of Hamburg, Berks County, Pennsylvania.

COMMITTEE

The Safety Committee of the Borough Council of the Borough, together with the Borough Manager and the Chief of Police.

DISABLED PERSON

Any individual who applies for a handicap parking space in accordance with this Part.

HANDICAP PARKING SPACE

An on-street parking space reserved for use by individuals in possession of a handicapped person, disabled person or disabled veteran handicap license plate or placard issued by the Pennsylvania Department of Transportation for his/her motor vehicle.

§ 15-802 Purpose.

[Ord. 764-09, 4/13/2009]

A disabled person meeting the criteria set forth in this Part shall be eligible for a handicap parking space, which is comprised of a blue curb and a handicap-only parking sign post in accordance with Pennsylvania law, to be installed in front of his/her residence to accommodate his/her parking needs in accordance with the guidelines of this Part.

§ 15-803 Intent.

[Ord. 764-09, 4/13/2009]

1. A handicap parking space is intended to provide safe, close parking for eligible individuals in a residential area of the Borough with a high parking demand, where parking in front of a residence may not be readily available.

2. A handicap parking space is not intended to replace off-street parking, which is otherwise available at the residence of the Disabled Person.

§ 15-804 Eligibility.

[Ord. 764-09, 4/13/2009]

1. If a disabled person meets the eligibility requirements for a handicap parking space through the application process set forth in § 15-805 of this Part, then the Borough shall reserve a handicap parking space in front of his/her residence in accordance with the terms and conditions of this Part.

2. A handicap parking space located within the Borough remains open for use by any individual in possession of a handicap person, disabled person or disabled veteran handicap license plate or placard issued by the Pennsylvania Department of Transportation for his/her motor vehicle. Accordingly, a disabled person granted a handicap parking space in front of his/her residence pursuant to this Part does not obtain an exclusive right to the use of said handicap parking space.

§ 15-805 Procedure.

[Ord. 764-09, 4/13/2009]

1. Application. A disabled person may request a handicap parking space in front of his/her residence by submitting an application to the Borough Manager. The application shall be made on a form provided by the Borough Manager. A copy of said form is attached hereto and incorporated herein as Exhibit "A."[1] The Borough Council may from time to time amend this form as necessary by resolution.

[1] Editor's Note: Exhibit "A" is attached to Ord. 764-09 and on file in the office of the Borough Secretary.

2. Criteria. In order for an application for handicap parking space to be approved, the disabled person shall meet the following conditions:

A. The disabled person must be a resident of the Borough of Hamburg;

B. The disabled person must be eligible for, and have in his/her possession, a handicapped person, disabled person or disabled veteran handicap license plate or placard issued by the Pennsylvania Department of Transportation for his/her motor vehicle; and

C. The driver of the vehicle need not be the disabled person, provided that the driver resides in the same residence as the disabled person (i.e., spouse or parent) in the event that the disabled person is not able to drive due to age or disability;

D. The disabled person is disabled, or will be disabled for a period of time exceeding one year, or the driver is residing with a disabled person, who is permanently disabled or will be disabled for a period of time exceeding one year;

E. The disabled person must be able to demonstrate, by providing documentation from a treating physician, that the disabled person's health condition meets at least one of the following criteria:

(1) The disabled person is impaired to the extent that ambulation is severely restricted;

(2) The disabled person is restricted by lung disease to the extent that his/her forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest; or

(3) The disabled person is restricted by a cardiac condition to the extent that his or her functional limitations are classified in severity as Class III or higher according to the standards established by the American Heart Association; and

F. The requested location for the handicap parking space shall be on a public street and the width of such public street shall be adequate to allow parking. No more than two handicap parking spaces in the aggregate shall be located on any street block where parking is permitted on both sides of the street. No more than one handicap parking space shall be located on the side of any street block where parking is permitted on only one side of the street. No handicap parking space shall be allowed along a street or portion thereof where parking is prohibited, or which is of insufficient width, or where the physical conditions of the street or traffic conditions would make it unsafe for a handicap parking space to be located for access and use by a disabled person;

[Amended by Ord. 816-15, 9/28/2015]

G. The disabled person resides at the address of the requested location of the handicap parking space;

H. The requested location for handicap parking space does not conflict with any parking restrictions already in place and the parking length in front of the residence must be at least 22 feet. If this is not the case, the disabled person must obtain the signature of his/her adjacent property owner(s) indicating that such neighbor(s) have no objection to the installation of the handicap parking space at the requested location; and

I. The disabled person shall not have an off-street parking space available.

3. Review. Upon receipt of a completed application from a disabled person, the Borough Manager shall immediately forward the application to the Committee, which shall have a period of 30 days from the date of submission of the application by the disabled person to review the application and issue a final determination. The Committee shall review the application to determine if the application meets all of the criteria set forth in § 15-805(2) of this Part. Following the review of such application, a timely final determination shall be made by the Committee and written notice of such determination shall be issued by the Committee to the disabled person.

4. Appeal. An aggrieved disabled person shall have the ability to appeal a final determination of the Committee to the entire Borough Council of the Borough. A disabled person shall file such appeal by submitting a written request for reconsideration in writing to the Borough Manager within 10 days of the date of the final determination. Upon such appeal, the Borough Council of the Borough shall review the application to determine whether the decision of the Committee shall be affirmed or reversed. The Borough Council of the Borough shall issue a decision on the appeal within 30 days of receipt of the appeal request from the aggrieved disabled person. The aggrieved disabled person shall have the ability to appeal any decision of the Borough Council of the Borough to the Berks County Court of Common Pleas in accordance with the Pennsylvania Local Agency Law.

5. Deemed Denial. If the Committee fails to timely issue a final determination in accordance with § 15-805(3) of this Part or if the Borough Council of the Borough fails to timely issue a decision on an appeal of a final determination in accordance with § 15-805(4) of this Part, the application of the disabled person shall be deemed denied by the Committee and/or the Borough Council of the Borough, as applicable. An aggrieved disabled person shall have the ability to appeal a deemed denial hereunder in accordance with § 15-805(4) of this Part.

6. Approval and Installation. If the application is approved, the Borough Manager shall cause the curb at the requested location of the handicap parking space to be marked in blue and install the handicap-parking-only sign post thereat in accordance with Pennsylvania law. The approval shall expire 12 months from the date of installation, unless renewed in accordance with § 15-806 of this Part.

7. Incomplete Application. An incomplete initial application under § 15-805(1) of this Part or renewal application under § 15-806(1) of this Part may be cause for the Committee to deny said application.

§ 15-806 Annual Renewal.

[Ord. 764-09, 4/13/2009]

1. All applications, which are approved in accordance with § 15-805 of this Part, shall be subject to an annual renewal process.

2. A disabled person may request renewal of an approved handicap parking space by submitting an application for renewal to the Borough Manager. An application for renewal shall be made on a form provided by the Borough Manager at least 30 days prior to the expiration of the previous approval. The application shall require the disabled person to verify that the statements and information as provided in the original application by the disabled person and as required in § 15-805(2) of this Part in order to maintain eligibility for a handicap parking space are still true and correct and subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unworn falsification to authorities. The renewal application shall be reviewed by the Committee in accordance with § 15-805(3) of this Part. Each approved renewal period shall expire 12 months from the date of approval of the renewal application.

§ 15-807 Removal.

[Ord. 764-09, 4/13/2009]

1. If, upon investigation, the Borough determines that the disabled person is not eligible, as such, under the criteria set forth in § 15-805(2) of this Part, the Borough shall have the ability to remove the blue curb and the handicap-parking-only sign from the location upon written notice to the disabled person. The written notice shall state the reason(s) for the removal and provide the disabled person with 10 days in which to request a hearing before the Committee to dispute the removal.

2. In the event that a previously approved disabled person fails to timely file an application for renewal in accordance with § 15-806 of this Part, the Borough shall have the ability to remove the blue curb and the handicap-parking-only sign from the location in accordance with the notice provisions set forth in § 15-807(1).

§ 15-808 Changes in Condition.

[Ord. 764-09, 4/13/2009]

1. In the event that the disabled person experiences a material improvement in his/her physical condition (as supported by documentation from his/her treating physician) to the extent that the disabled person would no longer qualify under the criteria set forth in § 15-805(2) of this Part, the disabled person shall immediately notify the Borough Manager of such change in condition within 15 days of notice from the treating physician to the disabled person. Upon receipt of such notice, the Borough Manager shall cause the removal of the blue curb and the handicap-parking-only sign from the location.

2. Upon the death of a disabled person, the personal representative of the disabled person shall immediately notify the Borough Manager of such change in condition within 15 days of notice of such event. Upon receipt of such notice, the Borough Manager shall cause the removal of the blue curb and the handicap-parking-only sign from the location.

3. In the event that the disabled person would no longer reside at the address of the location of an approved handicap parking space for a period of more than 30 consecutive days for whatever reason, the disabled person shall immediately notify the Borough Manager of such change in condition within 15 days of moving from said residence. Upon receipt of such notice, the Borough Manager shall cause the removal of the blue curb and the handicap-parking-only sign from the location.

§ 15-809 Penalty.

[Ord. 764-09, 4/13/2009]

1. An individual who submits a false application or renewal application shall, upon conviction thereof, be fined $500, plus costs, or imprisonment for not more than 30 days, or both. Each false application submitted shall constitute a separate violation of this Section.

2. An individual who fails to timely report a change in condition to the Borough Manager as required by § 15-808 of this Part shall, upon conviction thereof, be fined $100, plus costs. Each day that the change in condition is not reported shall constitute a separate violation of this Section.

3. An individual who parks a motor vehicle unlawfully in a handicapped parking space, shall, upon conviction thereof, be fined $250, plus costs, or imprisonment for not more than 30 days, or both.

§ 15-810 Application Fees and Costs.

[Ord. 816-15, 9/28/2015]

The fees and costs associated with new and renewal applications for a handicap parking space shall be established and amended from time to time by resolution of the Borough Council under its Schedule of Fees.