[HISTORY: Adopted by the Borough Council of the Borough of
Auburn 6-7-2017 by Ord. No. 2017-2. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 320.
A.
The Auburn Borough Council, recognizing the needs of disabled persons
in Auburn Borough, hereby enacts the Handicapped Parking Ordinance
which will facilitate access to and from the disabled person's
place of residence, providing a reserved parking area in front of
an individual's residence experiencing mobility issues.
B.
This chapter is enacted pursuant to Pennsylvania Motor Vehicle Code,
75 Pa.C.S.A. § 3354(d)(2), permitting local authorities
to erect on a street as close as possible to a place of residence
a sign or signs indicating that a parking space is reserved for a
vehicle bearing a "handicapped" parking license plate.
C.
This chapter is additionally enacted under the powers enumerated
and granted, including, but not limited to, the Commonwealth Borough
Code, 8 Pa.C.S.A. § 1202(5) and (12).
D.
The purpose and scope of this chapter is to set forth rules and regulations
for the creation and designation of handicapped parking and to restrict
the use of a handicapped space onto an individual suffering from physical
limitations, in order that said person experiencing physical limitations
shall enjoy ingress, egress and regress from their residence. The
Borough Council legislative intent includes that of individual residential
restricted handicapped parking as opposed to that of a commercial
handicapped parking for general public use onto the handicapped person
at retail and wholesale places of business on a first-come-first-served
basis.
Any Auburn Borough resident who has been issued by the Commonwealth
of Pennsylvania a handicapped license plate, handicapped placard,
or disabled veterans license plate, or on whose behalf said license
plate has been issued, pursuant to § 1338 of the Pennsylvania
Motor Vehicle Code, shall be eligible for the installation, in front
of said person's residence, or as close as possible, of a sign
indicating that parking in such space is restricted specifically onto
the applicant whose vehicles bear a handicapped license plate, which
eligibility shall expire 12 months from the date such sign is installed
at the commencement of a calendar year should the application have
been approved other than on or about January 1 of the calendar year,
together with specific signage of handicapped placard number or handicapped
license information, or other information necessary for giving notice
of restricted parking for reservation of said handicapped parking
place for the specific individual experiencing mobility limitation
for ingress, egress and regress into a private residence. Application
for such restricted parking sign shall be made to the Mayor, Borough
Secretary, Code Enforcement Officer, or any authorized individual
Borough Council shall designate through either resolution or motion.
A.
Application for and content. Application for a restricted handicapped
parking space shall be made on a form provided by Auburn Borough.
The application must be accompanied by documentation evidencing issuance
of a handicapped plate by the Commonwealth of Pennsylvania. Applications
can be obtained at the Borough Building. Only a handicapped license
plate will be considered valid.
B.
Initial application fee. An initial application fee of $5 is required,
and said application fee shall be subject to amendment through either
resolution or motion of Borough Council.
C.
Annual renewal. All approved applicants shall be required to file
a renewal application by February 15 of each succeeding year in which
the reserved space is held. A renewal fee of $1 must accompany the
application. Renewal applications can be obtained at the Borough Building,
and the renewal application and fee shall be subject to amendment
either through resolution or motion of Borough Council.
D.
Applications are to be completed in their entirety. Applications
not completed in their entirety will not be considered, and rejected
as administratively complete. Failure to file a renewal application
will result in forfeiture of the individual's right to a handicapped
reserved parking sign. Said sign will be removed by the Auburn Borough
designee upon authorization of the Auburn Borough Council.
E.
Approval or denial of an application will be made within 60 days
by Auburn Borough.
If an application is approved by the Auburn Borough Council,
the Streets Department will be notified and installation of two reserved
parking signs, together with the applicant's handicapped placard
number, handicapped license number or other information providing
notice of restricted parking, will be completed for specific reservation
and designation of the disabled individual's parking space. The
signs remain property of Auburn Borough.
A.
It shall be unlawful for any individual, other than the person receiving
a handicapped parking permit, to park a motor vehicle or place an
obstruction in the handicapped-designated parking space.
B.
Unlawful signs. It shall be unlawful for any person or owner of realty
to erect a reserved parking sign or handicapped parking sign upon
the streets of Auburn Borough without first making application to
Auburn Borough Council. Any violation will be subject to the penalties
set forth herein.
C.
Reserved parking or handicapped parking signs do not supersede existing
parking regulations, including, but not limited to, street cleaning,
snow ban or snow removal regulations.
D.
The Auburn Borough Council shall be notified immediately if an eligible
person no longer qualifies for a sign under this article; for example,
if an eligible person enjoys an improved health condition or moved
from the premises wherein the sign is located. Failure to notify Auburn
Borough Council constitutes a violation of this chapter.
E.
Auburn Borough reserves the right to remove any handicapped parking
signs for cause shown.
A.
The Auburn Borough Council may empower, designate and appoint an
Official responsible for enforcement of this chapter, including, but
not limited to, any law enforcement agency, Auburn Borough Mayor,
Code Enforcement Officer, or any other individual so empowered through
either resolution of motion of the Auburn Borough Council.
B.
Any person who parks in a reserved parking space who is not authorized
to do so shall be subject to immediate citation, and the vehicle will
be subject to immediate removal.
C.
No person shall erect a handicapped parking sign upon the streets of Auburn Borough without proper application and approval cited in § 220-3.
D.
Any person violating any of the provisions of this chapter shall,
upon summary conviction thereof in a summary proceeding before a Magisterial
District Judge, be sentenced to pay a fine of not less than $200,
but not more than permitted by the Commonwealth Borough Code at 8
Pa.C.S.A. § 3321, or any successive legislative amendment,
as well as costs and/or to be imprisoned in the county jail for a
period not to exceed 90 days. Each and every day upon which any person
violates or continues to violate the provision of this chapter shall
constitute a separate offense. Auburn Borough Council may enforce
this chapter through any remedy available at law, including, but not
limited to, criminal, civil, law, equity and summary citation.
