Borough of Yeadon, PA Handicapped Parking

Any Borough resident who has been issued a handicapped or severely disabled veteran license plate by the Commonwealth of Pennsylvania, or on whose behalf said license plate has been issued, pursuant to Section 1338 or Section 1342 of the Pennsylvania Motor Vehicle Code,[1] shall be eligible for the instillation, in front of, or as close as possible to, said person's resident of a sign indicating that parking in such space is restricted to any person's vehicle bearing a handicapped or severely disabled veteran license plate, which initial eligibility shall expire 12 months from the date that such sign is installed. Application for such restricted parking shall be made to Yeadon Police Department.

[1]

Editor's Note: See 75 Pa.C.S.A. § 1338 or 1342, respectively.

§ 172-2 Application form and content.

Application for a restricted handicapped or severely disabled parking space shall be made on a form provided by the Yeadon Police Department. The application information shall include the identity of the handicapped person or severely disabled veteran and the person's place of residence and shall be accompanied by documentation evidencing issuance of a handicapped or severely disabled veteran plate by the Commonwealth of Pennsylvania, and such other information as is deemed fitting and proper.

The application fee shall be $125 and must be remitted with the completed application.

§ 172-3 Factors in determining approval of application.

In review the application, the Yeadon Police Department shall take into consideration the following factors:

(1)

Impact on general safety;

(2)

Impact on traffic flow;

(3)

Impact on neighboring properties;

(4)

Nature of disability;

(5)

Availability of off-street parking, garage, and/or driveway;

(6)

Verification of application in general;

(7)

The physical condition giving rise to the request is reasonably expected to persist for a period of not less than six months.

The application shall not be approved if private off-street parking is available to the applicant unless the same cannot be utilized or if an undue hardship is created for the other residents parking in the area.

§ 172-4 Appeal of denial of application.

In the event that an 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 shall be governed by the Local Agency Law of the commonwealth.[1]

[1]

Editor's Note: See 2 Pa.C.S.A. §§ 551 et seq. and 751 et seq.

§ 172-5 Annual certification.

Each renewal period shall be for 12 months.

Application for renewal must be filed with Chief of Police no later than 30 days before the date the prior eligibility is due.

The Yeadon Police Department shall not accept an application for renewal unless it is also accompanied by a sworn statement containing the following averments:

(1)

The application continues to be disabled as evidenced by documentation signed by the applicant's physician;

(2)

The application continues to drive an automobile or is being driven by another identified individual because of the applicant's disability;

(3)

The applicant resides at the same address.

All handicapped plates and must be readily visible.

§ 172-6 Failure to file completed application.

Failure to file a completed initial application or a timely application for renewal shall be deemed a denial or nonrenewal. In the event an individual fails to file a completed application for recertification within the time allowed, that is, on an annual basis prior to expiration of the individual's eligibility, the right to such sign shall be forfeited and the sign shall be removed by the Department of Public Works and shall not be re-erected unless an application is filed along with a $50 fee.

§ 172-7 Current signs.

All residents currently having a restricted handicapped parking sign in front of their residence shall apply to the Yeadon Police Department within 90 days of the effective date of this chapter for renewal of their handicapped status. Failure to do so may result in the removal of the sign.

§ 172-8 Removal of sign.

In addition to removal of the sign for failure to properly apply for renewal, a handicapped parking restriction sign may be removed after notice to the applicant, if, upon investigation, the Borough determines either the applicant is not, in fact, handicapped or a severely disabled veteran; that the applicant has moved or deceased; or that the privilege is being abused in a manner inconsistent with its intent. The notice to the individual shall state the reason or reasons for the anticipated removal of the sign and shall give individual at least 60 days' notice.

§ 172-9 Installation.

Upon approval of the application, the Yeadon Police Department Chief or his/her designee shall review and approve all applications for handicapped parking which meets the requirements of this chapter and refer the approved application to the Borough Manager and the Department of Public Works for installation of a restricted parking sign.

All signs shall remain the property of the Borough and shall indicate the penalty for violation, including fine and that a violator's car may be towed away.

The sign installed by the Borough shall provide space for one vehicle and shall be situated in a fashion as to not affect traffic flow. The Borough shall only utilize a sign to denote a handicapped parking space.