A. 
Any person desiring to have a handicapped parking place reserved on any street within the Borough of Dallastown shall submit a written request to the office of the Borough Manager.
B. 
The request shall include the following information:
(1) 
The name, address and telephone number of the person making the request.
(2) 
The name, address and telephone number of the handicapped person or severely disabled veteran for whom the handicapped parking place is requested to be reserved, if different from the person making the request.
(3) 
The registration number of the handicapped person's or severely disabled veteran's registration plate or the placard assigned by the Pennsylvania Department of Transportation to the person for whom the handicapped parking place is requested to be reserved.
(4) 
A description of the physical impairment and if a device such as a wheelchair, crutches or walker is used for the purpose of locomotion.
(5) 
The location of the requested handicapped parking space and the name, address and location (if listed in a published telephone directory) of the owners of property within 60 feet of the proposed parking space.
(6) 
Any other information requested by the Borough Manager.
C. 
An application fee is hereby established and must be paid to the Borough upon submitting the aforesaid written request. The amount of application fee may be set from time to time by resolution of the Dallastown Borough Council as the Dallastown Borough Council may deem appropriate. Upon such fee being set by resolution, no request hereunder will be considered until the same is paid in full.
[Amended 2-11-2008 by Ord. No. 554[1]]
The owners of all properties located within 60 feet of the proposed parking place for the handicapped person or severely disabled veteran shall be notified by the Borough. The notice shall also contain a statement that the owner may submit written comments on such request to the Zoning Officer giving the notice within 30 days following the date of the notice.
[1]
Editor's Note: This ordinance also redesignated former § 212-30, Review of request, as amended, as § 212-31.
[Amended 11-10-2003 by Ord. No. 505; 2-11-2008 by Ord. No. 554[1]]
The Dallastown Borough Zoning Officer shall review all requests for a parking place to be reserved for a handicapped person or severely disabled veteran and shall obtain a traffic and engineering study regarding the request if the regulations of the Pennsylvania Department of Transportation require such study. The Zoning Officer shall determine whether to grant or to deny the request following consideration of the criteria for the same stated in § 212-32, the traffic and engineering study, if one is required, and any written comments from adjacent property owners. The Zoning Officer shall make such determination, in writing, within 60 days following receipt of such request by the Borough. The written determination shall be mailed, by regular mail, to the person who submitted the request and to any adjacent property owner who has requested the same in writing. In the event the Zoning Officer is unavailable, the Dallastown Borough Manager shall perform the foregoing review and determination. If the determination upon the aforesaid request is not made within 60 days following receipt of the request by the Borough, then appeal therefrom may be made by the applicant to the Dallastown Borough Council which may consider the request at a regularly scheduled Council meeting held following the end of that sixty-day period.
[1]
Editor's Note: This ordinance also redesignated former § 212-31, Notification of adjacent property owners, as § 212-30.
A. 
In determining whether to grant a request for a parking place for a handicapped person or severely disabled veteran, the following criteria shall be considered:
(1) 
That the handicapped person or the severely disabled veteran is a resident of the Borough of Dallastown.
(2) 
Evidence shall be presented establishing that a handicapped person or severely disabled veteran registration plate or placard has been issued by the Pennsylvania Department of Transportation to the handicapped person or the severely disabled veteran for whom the handicapped parking place is being reserved.
(3) 
No more than one handicapped parking place shall be issued to an individual within the corporate boundaries of the Borough of Dallastown.
(4) 
No handicapped parking place shall be provided for the location so requested if there exists a reasonably accessible and practicable off-street parking place to serve such location.
(5) 
Whether the traffic and engineering study regarding the request, if required to be made, recommends the reservation of a handicapped parking place as requested.
B. 
The criteria set forth in this section are not inclusive criteria, and any other criteria deemed applicable may also be considered.
[Amended 6-9-2003 by Ord. No. 495; 2-11-2008 by Ord. No. 554]
If the request is granted, a handicapped parking place shall be reserved at the location approved, which reservation shall be valid for one year, subject to review as set forth below. The determination shall be kept on file in the Dallastown Borough Office with other determinations made on applications for parking places for handicapped persons or severely disabled veterans, which record shall be available for public inspection. The appropriate sign shall be posted at that location upon the applicant depositing with the Borough a sum sufficient to pay for the sign, sign post, erection of the sign and any advertising that may have been done or may be needed regarding the requested handicapped parking space, which amount will be determined by the Borough Manager based upon the then-current costs for the same. The approval of the request shall not take full effect until the said deposit is made. If the amount so deposited is more than the actual cost of these items for the handicapped parking space requested by the applicant, then the balance remaining shall be refunded to the applicant. If the amount so deposited is insufficient to cover the actual cost of these items for such handicapped parking space, then the applicant and the handicapped person or severely disabled veteran on whose behalf the handicapped parking space was requested shall pay the uncovered excess to the Borough within 30 days after the Borough sends the bill for the same, and, if not timely paid, then legal action to recover the same may be initiated against the applicant and the handicapped person or severely disabled veteran on whose behalf the handicapped parking space was requested, and a municipal claim may be filed against the property of the handicapped person or severely disabled veteran listed in the application, if owned by such person, including attorneys' fees for any action for collection.
The parking of any vehicle not lawfully bearing a handicapped or severely disabled veteran registration plate or displaying a handicapped or severely disabled veteran parking placard when such vehicle is being operated by or for the transportation of a handicapped person or a severely disabled veteran shall be prohibited at all times in any handicapped parking place reserved by resolution in accordance with this article, and no parking is or shall be allowed at any such handicapped parking place by others.
[Amended 2-11-2008 by Ord. No. 554]
The applicant shall submit review data once annually on a form provided by the Borough. The Dallastown Borough Zoning Officer shall review all handicapped parking places or areas at least once annually to determine whether any person for whom a handicapped parking place has been reserved continues to be eligible under the criteria set forth herein or under any other conditions which may be imposed by the Dallastown Borough Council from time to time. In making said determination, the Zoning Officer shall consider the review data submitted by the applicant. If the applicant does not submit the review data, despite having been sent the form for the same, the Zoning Officer may take that fact into consideration in making the determination under this section.
[Amended 2-11-2008 by Ord. No. 554]
The Dallastown Borough Zoning Officer may terminate the approval of a handicapped parking place and direct the removal of any handicapped parking sign if there is a change of circumstances which would render the handicapped person or severely disabled veteran for whom the handicapped parking space was reserved ineligible for a handicapped parking place under the criteria set forth herein or under any other conditions which may be imposed by the Dallastown Borough Council. A determination of termination under this section shall be kept on file at the Dallastown Borough Office with other such termination determinations, which records shall be available for public inspection.
Pursuant to the authority granted by the Vehicle Code of Pennsylvania, the Dallastown Borough Council may establish handicapped parking places within the Borough of Dallastown in any other manner and at any time that the Dallastown Borough Council deems appropriate.
Any person violating any of the provisions of this article shall, upon summary conviction thereof, be sentenced to pay a fine of not less than $50 nor more than $200, plus costs of prosecution, together with any other fine separately imposed under the Vehicle Code, provided that the total of such fines shall not exceed $600.