Borough of Brookville, PA Article X Handicapped Parking

[Added 1-3-2017 by Ord. No. 1096]

§ 213-73 Reserved parking spaces for handicapped may be provided.

A. The Mayor and Council, at its discretion, may provide, at convenient and suitable locations, regulated and nonregulated street parking and reserved spaces for the disabled, and shall designate those spaces by appropriate signs. Except for persons parking vehicles lawfully bearing a person with a disability or a disabled veteran's registration plate or parking placard, no person shall park a vehicle in any such parking space reserved for a person with a disability or a disabled veteran. Likewise, it shall be unlawful for any unauthorized person to utilize a person with a disability or disabled veteran's registration plate or parking placard.

B. Additionally, the Borough shall comply with the Americans With Disabilities Act in regards to the number, size and location of disability parking spaces created on Borough-owned property and public streets.

§ 213-74 Creation of on-street disabled reserved parking; appeal procedure.

A. The Borough may establish a disability parking space on any public street having regulated parking. The location of such space shall be approved by the Chief of Police and Borough Manager. Anyone legally utilizing a disability parking space where parking is regulated shall be granted an additional 60 minutes of time beyond the posted time limit before a violation is deemed to have occurred.

B. The Borough may establish a disability parking space on any public street having nonregulated parking should a qualified individual submit a formal application to the Borough and satisfy the criteria set forth in § 213-75 below. The designated representative of the Chief of Police shall review all applications for an on-street disability parking space and shall make a recommendation to the following levels of authority who shall approve or reject all such applications; the Chief of Police and the Borough Manager. Upon approval, the Chief or his designated representative shall permit the creation of an on-street disability parking space.

C. In the event the application is denied, the Borough Manager shall notify the applicant, in writing, of the reasons for denial. The applicant shall have the right to appeal the denial to the Borough Council within 60 days of the date of notification of the denial. The appeal procedure shall be governed by the Local Agency Law.[1]

[1] Editor's Note: See 2 Pa.C.S.A. § 551 et seq.

D. The Chief of Police or his designated representative shall review all disability parking spaces on any public street having nonregulated parking annually, to determine whether or not the individual so requesting the renewal of disability parking space continues to be eligible under the criteria hereinafter set forth.

§ 213-75 Criteria for disability parking spaces.

A. An individual applying for a disability parking space shall exhibit proof that he/she has been issued a disabled person's registration plate or a disabled veteran's registration plate under the regulations issued by the Pennsylvania Department of Transportation for the vehicle indicated on the application.

B. No more than one disability parking space shall be issued to any one individual within the corporate limits of the Borough.

C. No more than one disability parking space shall be provided per individual dwelling unit within the corporate limits of the Borough.

D. No disability parking space shall be provided for the location so requested if there exists a reasonably accessible and practicable off-street parking space to serve such location on the property of the location. The term "reasonably accessible and practicable" shall consider the terrain of the property, including buildings, and the necessary accommodation of the disabled person. "Off-street" does not include parking in an alley where all or a portion of a vehicle must rest in the alley right-of-way or which unreasonably blocks access to a driveway or garage on the opposite side of the alley.

E. The individual applying for the disability parking space shall first demonstrate to the designated representative of the Chief of Police that either the individual making the application or the person for whom the applicant is the primary mode of transportation has a physical impairment to the extent that a disability parking space is warranted. Such impairments may include, but not be limited to, the loss of use of a lower extremity or a cardiopulmonary condition which substantially restricts the movement of the individual or otherwise requires the use of a wheelchair, crutches, walker or similar device for purposes of locomotion. The designated representative of the Chief of Police shall visit the residence of the applicant, or the person for whom the applicant is the primary mode of transportation, in order to inspect the property and vehicle and interview the applicant, or the person for whom the applicant is the primary mode of transportation.

F. No disability parking space shall be created unless it can be demonstrated that the physical condition giving rise to the request is reasonably expected to persist for a period of not less than six consecutive months.

G. All applicants who have a disability parking space approved by the procedures set forth in this article are required to reapply for renewal of the space once every year on or before the date of original approval for the disability parking space. Such reapplication shall be made to the Chief of Police or his designated representative in order to demonstrate continued need for the disability parking space. The renewal application shall be free of cost. For any person having an approved space who has not made a renewal application as required, every reasonable effort shall be made to contact that person. Should contact not be successful after a reasonable amount of time, the Chief of Police may direct the disability space be removed.

H. Any individual who has an approved disability parking space must report any change in his/her disability status or place of residence within 30 days.

I. In considering an application for a disability parking space, a report or letter from the applicant's treating physician may be considered, but such report shall not by itself be considered conclusive of the need for a disability parking space.

J. 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 under the criteria set forth herein, the disability parking space shall be removed. Likewise, the disability parking space shall be removed if there is a change in circumstances such that the disability parking space shall no longer be appropriate under the criteria referred to herein.

K. The Chief of Police may, at any time without notice, have a disability parking sign removed when the privilege is being abused. Any complaint of such abuse will first be investigated by the Chief of Police, or his designated representative, who will make a decision in this regard.

L. The creation of the disability parking space is not a reserved parking space for the applicant but may be utilized by any vehicle with the proper disability parking placard or registration plate. In the event that an individual other than the person for whom the space was approved begins to utilize the space on a consistent or regular basis simply because that individual does not want to follow the procedures to secure his or her own disability parking space, the following action is authorized: A certified letter shall be sent to the registered owner of the vehicle advising him or her to cease utilizing the space and warning that continued use of the space will constitute an illegal use subject to penalties listed in § 213-77, and, additionally, recommending that such person apply for his or her own disability space. Should the person fail to positively respond to the letter, a violation of the provisions of this article shall be deemed to have occurred.

§ 213-76 Fees.

All applications for a disability parking space are to be accompanied by an application fee, which shall be set from time to time by resolution of Borough Council. The application fee is nonrefundable and is not included in the costs to create the space. Should the application be approved, the applicant, as a condition to the creation of that disability parking space by the erection of the appropriate signs and the like, shall deposit with the Borough the actual costs of the materials, plus the labor costs to the Borough, to establish the disability parking space, which amount shall not exceed $125.

§ 213-77 Violations and penalties.

Any person violating the provisions of this article is guilty of a summary offense and shall, upon conviction, be sentenced to pay a fine of not less than $50, nor more than $200, together with all costs of prosecution.