[Added 7-19-2011 by Ord.
No. 1024]
This article is enacted pursuant to an Act of Assembly October
5, 1979, P.L. 197, No. 66, Section 1, 8 Pa.C.S.A. § 1202(31).
As used in this chapter, the following terms shall have the
meanings indicated:
A parking area on the streets and highways of the Borough
of Folcroft which is designated by the Borough Council of Folcroft
by way of erection of a sign issued by the Borough and/or the painting
of a restricted parking area upon the street for the parking of one
vehicle, which designated area shall be most expeditiously placed
to permit access for the person with a disability to residential quarters.
The designated space shall not, however, be construed as a private
parking space reserved for the applicant. On the contrary, said space
may and shall be legally occupied by any vehicle displaying a current
handicapped registration.
The Folcroft Borough Council.
Actual owner, agent or custodian of the property wherein
a handicapped parking area will be designated.
An individual who has applied for and been granted by the
Commonwealth of Pennsylvania a vehicle registration/license plate
providing that person and/or vehicle with the right to occupy a parking
space specifically reserved for persons with physical or mental disabilities.
A.
At the request of any person with a disability, as defined above,
the Borough Council may, upon motion made and seconded, authorize
the designation on a street or highway within the Borough, as close
as possible to the person with a disability's place of residence,
of an area indicating that said place is reserved for a person with
a disability and that no parking is allowed thereby other than a person
with a disability.
B.
Any person requesting the reservation of a handicapped parking space
because of a physical or mental disability shall make application
therefor, in writing, to the Borough Manager or other designee of
Council, which application shall be set forth or be accompanied by:
(1)
The name and address of the applicant;
(2)
The type of physical or mental disability of the applicant;
(3)
A current written medical report from a licensed physical certifying
the specific disability of the applicant and the need for handicapped
parking;
(4)
A valid handicapped or severely disabled veteran's vehicle registration/license
plate issued by the Pennsylvania Department of Transportation. Placards
without valid handicap registration or license plates will not be
accepted.
C.
All applicants shall be reviewed by the Folcroft Borough Police Department
for a recommendation to the Borough Council for approval or denial
of the application. In addition to the criteria established elsewhere
in this article, the Folcroft Borough Police Department may consider,
in determining the granting or denial of the application, whether
or not the applicant has sufficient off-street or other private parking
available, thereby negating the necessity of an on-street, public
parking space being allocated for this specific usage.
D.
Upon the approval of an application, a sign shall be erected and/or
a space painted at or near the applicant's residence designating the
handicapped-parking-only space.
E.
The Folcroft Borough Police Department shall maintain a log of all
existing handicapped parking signs at all times, and the Borough Manager
shall maintain a log of all applications made with the action taken
upon the request.
F.
All approved applications shall be subject to review every year from
date of issue by the Folcroft Borough Police Department.
G.
It shall be unlawful for any person or owner to erect a handicapped
parking sign upon private grounds of the owner and/or upon the sidewalks
of the Borough of Folcroft designating a handicapped parking only
space upon a street or highway of the Borough without first making
application for a handicapped parking area to the Borough Manager
for the Borough of Folcroft.
H.
The Folcroft Code Enforcement Officer shall advise the Folcroft Borough
Police Department and Borough Manager of the sale of a property with
a designated handicapped parking spot, at which time a determination
will be made regarding removal of the handicapped sign and street
markings.
Any stipulations made at the time of application regarding the
eligibility of an applicant may be updated periodically at the request
of the issuing authority.
Handicapped parking signs shall not supersede existing parking
regulations, including but not limited to parking permits, street
repair, street sweeping, snow ban or snow removal.
Handicapped parking signs will remain the property of the Borough
of Folcroft.
A.
The issuing authority shall be notified immediately if an eligible
person no longer qualifies for a handicapped parking sign under this
chapter; for example, if an eligible person enjoys an improved health
condition or is required to move from the premises wherein the sign
is located.
B.
The Folcroft Borough Police Department will police and control areas
governed by a handicapped parking sign.
C.
The Folcroft Borough Council will take the following factors into
consideration in the issuance of handicapped parking signs:
(1)
Overall availability of parking in the area wherein a sign is requested.
(2)
The living arrangements of an individual applicant herein; for example,
a disabled person living alone and responsible for his or her own
transportation.
(3)
Existing parking or traffic problems in the area wherein a handicapped
parking sign is requested.
(4)
Recommendation of Folcroft Borough Police Department.
The Folcroft Borough Police Department reserves the right without
Borough Council approval to have any handicapped parking sign or street
markings removed at its discretion to insure the public safety and
welfare.
The Borough of Folcroft Highway Department will make an annual
inspection of all existing handicapped parking signs and repair or
replace those signs as needed.
A.
A person owning a vehicle parked in a handicapped parking designated
area without a handicapped plate properly displayed shall be guilty
of a summary offense and shall be subject to a fine of $100.
B.
Any person designating a handicapped parking area without authority
under this chapter shall be guilty of a summary offense and shall
be subject to a fine of not less than $100 and nor more than $150.
Notwithstanding anything to the contrary elsewhere in this article,
Folcroft Borough shall have the authority, on its own, to designate
certain spaces, either on-street or in municipal parking lots, as
restricted to handicapped parking; and, notwithstanding anything to
the contrary elsewhere in this article, the owners of private property
may set aside one or more parking spaces for the exclusive use of
vehicles owned/operated by persons bearing the handicapped registration
plate; however, Folcroft Borough and its police department shall have
no enforcement powers as to handicapped parking spaces on private
property, unless such spaces have been designated as so reserved,
the same as on-street spaces which are the subject of this article.
