Borough of Emmaus, PA OFF-STREET UNMETERED PARKING

Lot	Parking Prohibited
Arch Street Park [Added by Ord. No. 1214, 9/20/2021]	School days: 6:00 a.m. to 9:00 a.m./ 2:00 p.m. to 5:00 p.m. All days: no more than 3 hours during any 24-hour period
Emmaus Public Library	9:00 p.m. to 8:00 a.m.
Emmaus Community Park	9:00 p.m. to 8:00 a.m.
Emmaus Borough Building [Amended by Ord. No. 1246, 9/5/2023]	Parking prohibited 24 hours per day. Employee parking only.
Jubilee Street Parking Spaces (5th Street to 6th Street)	All vehicles that utilize these spaces shall possess current motor vehicle inspection and insurance. No vehicle shall remain parked in the same space for a period longer than 24 hours. Boats, recreational vehicles, trailers, and any vehicles larger than the allotted marked parking space are prohibited from utilizing these spaces. Conducting vehicle maintenance on any vehicle is prohibited in any of the allotted spaces.
Jubilee Street between 5th Street and 6th Street, adjacent to Emmaus Police Department, located east of 525 Jubilee Street [Added by Ord. No. 1226, 4/4/2022; amended by Ord. No. 1246, 9/5/2023]	Parking prohibited 24 hours per day for the 12 parking spaces, beginning at the eastern boundary of the parking lot and going westward. Borough vehicle and employee parking only.

[Ord. 675, 11/17/1986; as amended by Ord. 931, 6/18/2001; by Ord. 973, 12/15/2003; by Ord. 1099, 8/19/2013, § 25; by Ord. 1101, 11/4/2013; by Ord. 1105, 4/7/2014; by Ord. 1108, 7/21/2014; by Ord. 1113, 10/6/2014; by Ord. 1120, 3/2/2015; by Ord. 1124, 4/6/2015; by Ord. 1130, 9/8/2015; by Ord. 1132, 11/16/2015; by Ord. 1139, 4/18/2016; by Ord. 1140, 5/16/2016; by Ord. 1143, 8/15/2016; by Ord. 1145, 10/3/2016; by Ord. 1149, 1/3/2017; by Ord. 1154, 3/20/2017; by Ord. 1164, 11/6/2017; by Ord. No. 1168, 12/18/2017; by Ord. No. 1171, 4/2/2018; by Ord. No. 1175, 5/7/2018; by Ord. No. 1179, 8/20/2018; by Ord. No. 1180, 10/15/2018; by Ord. No. 1182, 11/5/2018; by Ord. No. 1187, 3/18/2019; by Ord. No. 1194, 11/18/2019; and by Ord. No. 1204, 9/8/2020]

Definitions. As used in this chapter, the following terms shall have the meanings indicated, unless a different meaning clearly appears from the context.

DISABLED PARKING SIGN

A sign issued by the Borough of Emmaus reserving parking for one vehicle space and erected at a designated and agreed upon area for access for a disabled person. The sign shall have the international symbol for persons with disabilities, stating that the penalty for violation is a minimum of $50 and a maximum of $200, and that violators' vehicles may be towed.

ISSUING AUTHORITY

Borough of Emmaus.

OWNER

The approved applicant for a general disabled parking space or specific person (or designated vehicle) for a disabled parking space limited to that person or vehicle.

PERSON WITH A DISABILITY (formerly referred to as "HANDICAPPED") or SEVERELY DISABLED VETERAN (hereinafter jointly referred to as "DISABLED")

A person with a disability or severely disabled veteran possessing a disabled license plate or placard (or possessing a previously issued handicapped license plate or placard).

Disabled Parking in Parking Lots.

[Amended by Ord. No. 1228, 6/20/2022; and by Ord. No. 1246, 9/5/2023]

Borough Council at its discretion may provide, at convenient and suitable locations in any unmetered parking lot, reserved parking spaces for disabled persons, and shall designate those spaces by appropriate signs. It shall be unlawful, and a violation of this section, for any person to park in any such reserved parking space any vehicle unless that vehicle bears or displays either: a "disabled person license plate," a "disabled person parking placard," a "disabled veteran license plate," or a "disabled veteran placard." Provided: all provisions, requirements and restrictions governing parking contained in the Code of Ordinances and state statutes apply to vehicles lawfully parked in reserved parking spaces for disabled persons.

Parking Lot	Side	Location
28 South 4th Street (3 spaces) 14th Street Parking Lot (5 spaces)		Town Hall Parking Lots
Emmaus Community Park (10 spaces)		1401 Shimerville Road, including marked spaces in all parking lots
Emmaus Public Library (2 spaces)		11 East Main Street
100 North 6th Street (2 spaces) 311 Main Street (2 spaces)		Central Station Parking Lots
Main Street (near Triangle Park)	North	327 Main Street

Disabled Parking on Public Streets.

Borough Council at its discretion may provide at convenient and suitable locations in any public street reserved parking spaces for disabled persons and shall designate those spaces by appropriate signs. It shall be unlawful, and a violation of this section, for any person to park in any such reserved parking space, any vehicle unless that vehicle bears or displays either: a "disabled person or disabled veteran license plate," or a "disabled person or disabled veteran placard." Provided: all provisions, requirements and restrictions governing parking contained in the Code of Ordinances and state statutes apply to vehicles lawfully parked in reserved parking spaces for disabled persons.

Street	Side	Location
2nd Street	West	Building located at 48 North 2nd Street
121 North 2nd Street	East
3rd Street	West	Building located at 26 North 3rd Street
3rd Street	West	Building located at 139 North 4th Street
4th Street (2 spaces)	East	Building located at 333 Ridge Street
4th Street (2 spaces)	East	Building located at 139 North 4th Street
28 South 4th Street	North
North 5th Street (2 spaces) [Amended by Ord. No. 1242, 5/1/2023]	East	Building located at 35 North 5th Street (Sundays only)
North 5th Street	East	Building located at 105 North 5th Street
220 North 5th Street	West
404 North 5th Street
38 North 6th Street [Added by Ord. No. 1206, 12/7/2020]		In front of 38 North 6th Street
317 South 6th Street	East
221 North 7th Street [Added by Ord. No. 1213, 9/20/2021]		In front of 221 North 7th Street
106 South 12th Street [Added by Ord. No. 1238, 2/6/2023]
224 Adrian Street
243 Adrian Street [Added by Ord. No. 1224, 3/7/2022; repealed by Ord. No. 1237, 2/6/2023]
348 Broad Street
376 Broad Street	South
525 Broad Street
555 Broad Street [Added by Ord. No. 1211, 3/15/2021]		In front of 555 Broad Street
568 Broad Street [Added by Ord. No. 1224, 3/7/2022]		In the public street located adjacent to 568 Broad Street; the permit number for the assigned location shall be P02314T
819 Chestnut Street	North
902 Evergreen Street [Added by Ord. No. 1213, 9/20/2021]		In front of 902 Evergreen Street
228 Furnace Street
572 Jubilee Street
332 Main Street	South	10:00 a.m. to 2:00 p.m. Sundays during farmers market
529 Minor Street [Repealed by Ord. No. 1237, 2/6/2023]
1248 West Minor Street [Added by Ord. No. 1211, 3/15/2021]		In front of 1248 West Minor Street
North Street (2 spaces)	South	Building located at 139 North 4th Street
509 North Street	North
425 Railroad Street	North	Building located at 427 Railroad Street at Jubilee Street
430 Ridge Street	South	Building located at 35 North 5th Street
Ridge Street	North	Building located at 215 Ridge Street
551 Ridge Street
543 Ridge Street	North
553 Ridge Street	North
613 Walnut Street	North
629 Walnut Street [Added by Ord. No. 1247, 9/18/2023]
637 Walnut Street [Repealed Ord. No. 1207, 12/7/2020]

Disabled Parking Requests.

Ability to Apply for a Disabled Parking Space.

(1)

Any resident of the Borough of Emmaus may make application to the Borough for a disabled parking space only after acquiring a disabled license or placard or a disabled veteran license plate.

(2)

A resident requesting a disabled parking space on a public street or in a public space may request a reserved permitted space in accordance with Pennsylvania Act 144: Title 75 § 3354(d).

(3)

Applications are to be completed in their entirety. An incomplete application form will be denied by the Borough of Emmaus.

Application Procedure.

(1)

All applications shall be delivered to the Emmaus Police Department, 400 Jubilee Street, Emmaus, PA 18049.

(2)

Applicant and/or disabled person must reside at the address to which the vehicle is registered.

(3)

Vehicle must have a disabled person license plate issued by the Commonwealth of Pennsylvania. In the absence of a disabled license plate, a valid disabled placard issued by the Commonwealth of Pennsylvania may be substituted.

(4)

The individual cannot have an off-street parking space available. If an off-street space is available, but the home is not easily accessible from the space, the issuing authority may consider granting a space.

(5)

The disabled person must be mobility-impaired to the extent that ambulation is severely restricted.

(6)

Parking width in front of the property must be at least 25 feet. If this is not the case, the section titled "Notification to Neighbors," in the application, must be completed.

(7)

Applicant and/or disabled person must submit a copy of his/her driver's license and the vehicle registration when submitting application.

(8)

The application must be accompanied by a check or money order in the amount prescribed by ordinance or resolution of Council, payable to the "Borough of Emmaus." Other appropriate payment methods may be authorized in accordance with the Borough of Emmaus procurement and payment policies.

(9)

Upon receipt and verification of the application, the applicant shall be contacted by a representative of the issuing authority, at which time an interview and parking survey shall be scheduled.

(10)

Applicants shall be notified in writing as to the approval of their application.

(11)

Any change in address or change in health status must be reported to the Borough of Emmaus in writing within 30 days of change.

Disabled Parking Criteria.

(1)

The disabled person must be eligible for, and have in their possession, a valid PD or DV license plate or placard from the Pennsylvania Department of Transportation for their vehicle.

(2)

The driver of the vehicle is not required to be the disabled person, as long as the driver resides in the household of the disabled person - i.e., spouse, parent. A disabled sign will only be granted if the disabled individual's disability is severe enough to warrant a space.

(3)

The disabled person must be mobility-impaired to the extent that ambulation is severely restricted.

(4)

The street width in front of the residence must be adequate to allow parking.

(5)

(6)

All applicants shall meet at least one of the most recent amended form or equivalent of the eligibility requirements of the Pennsylvania Department of Transportation MV-145A (8-18): Person with Disability Parking Placard Application.

(7)

The parking width in front of the property must be at least 25 feet. If this is not the case, the person requesting must obtain the signature of the person who owns the adjacent property indicating that they have no objection to the installation of the disabled parking zone.

(8)

No temporary disabled space will be installed for less than one year.

(9)

The person requesting the restricted disabled parking zone must complete an application for residential parking for people with disabilities which shall include a physician's certification of disability. There shall be a fee set forth by Borough Council via ordinance or resolution for the application for residential parking, which shall be returned to the applicant if the space designation is not approved. Physician's certification is separate.

(10)

The criteria set forth above is not required for restricted parking spaces allotted for the general public or for spaces located entirely on private property.

General Disabled Parking Spaces.

(1)

Disabled parking spaces on public streets and in public parking lots are considered for disabled public use and can be utilized by any individual with an authorized disabled placard or license plate. No disabled parking space is guaranteed for exclusive use by an applicant, unless such a permit is obtained by the applicant.

(2)

Applicants requesting a disabled parking space in a public space may apply for a permit for their specific and exclusive use of the associated disabled space.

(3)

Applicants shall complete the application requirements.

(4)

Approval of applications shall be in accordance with this section.

Issuance of Permit.

(1)

Assignment of Permit Number.

(a)

The issuing authority shall assign a permit number to each approved permit.

(b)

The permit number shall be the applicant's disabled license plate number or, in its absence, the applicant's disabled parking placard.

(2)

Posting of Permit Number on Sign.

(a)

The issuing authority, upon approval of the permit, shall prominently display the permit number on the disabled parking sign in the public parking lot or on the public street.

(3)

Permit Number Must Match Vehicle Plates or Placard.

(a)

Permittees are not permitted to share the placard or license plate with other nonpermitted vehicles.

(b)

If the permittee changes vehicles, they shall follow the requirements of this section to notify the issuing authority.

(c)

Violations of this subsection shall result in parking violations in accordance with the penalties section of this chapter.

(d)

Violation of this subsection may result in revocation of the permit.

(4)

Placard Must Be Prominently Displayed In Plain Sight.

(a)

The placard, at all times, must be displayed in clear site while parked in the permitted disabled parking space.

(b)

The placard, and/or disabled license plate, shall be clearly legible at all times.

(c)

Failure to prominently display the placard shall result in parking violations in accordance with the penalties section of this chapter.

Application Renewal.

(1)

The applicant shall respond to the mailing which shall be issued on the annual anniversary date of the granting of the disabled space, to certify that the conditions warranting the granting of the disabled parking space still exist and that the space is still warranted. Failure to complete and return the annual recertification shall result in the discontinuance of the disabled parking space and the space and sign shall be removed.

(2)

Renewal applications shall be reviewed and approved by the Borough of Emmaus issuing authority, who will make the final determination regarding renewal of existing spaces.

(3)

All approved applications shall be subject to annual review.

(4)

Applications for renewal, except for temporary space renewal, shall be submitted to the Borough of Emmaus, between January 1 and January 31 of each calendar year. In the instance when the original application and approval is less than one year old, the applicant shall be permitted to forego the renewal application until the following year.

(5)

In making the final determination regarding the renewal of a previously permitted disabled space, the Borough of Emmaus shall apply the criteria contained in this chapter.

(6)

Once a permit is not renewed for any reason, any application by the same applicant shall be considered a new application and shall be governed by the provisions of this chapter.

Fees.

(1)

The initial application and installation fee for permanent and temporary disabled parking spaces is $75. This fee also applies to any person permitted a disabled parking space who fails to file a renewal application within the time frame allowed by this chapter. This fee shall be for any applicant requesting a disabled space be placed in a public lot or on the public street. Any individual with a disabled placard or disabled license plate shall be permitted to park in this space.

(2)

The initial application and installation fee for a permanent and temporary permitted disabled parking space, assigned exclusively to a specific individual is $150. This fee also applies to any person permitted a disabled parking space who fails to file a renewal application within the time frame allowed by this chapter.

(3)

The application and installation fee for renewal applications for disabled parking spaces is $5.

(4)

All fees for permanent and temporary disabled parking spaces and renewal of permanent and temporary disabled parking spaces are nonrefundable. However, if a request is denied, the applicant shall receive a full refund of their application fee.

(5)

There shall be a fee set forth by Borough Council via ordinance or resolution for the application for residential parking, which shall be returned to the applicant if the space designation is not approved. Physician's certification is separate.

Location of Disabled Parking Spaces.

(1)

No more than two disabled parking spaces shall be located on any block where parking is permitted on both sides of the street. Exceptions may be granted by the issuing authority and Borough Council in certain extreme circumstances.

(2)

No more than one disabled parking space shall be located on any block where parking is permitted on only one side of the street. Exceptions may be granted by the Issuing Authority and Borough Council in certain extreme circumstances.

(3)

All disabled parking spaces permitted prior to the effective date of this chapter shall be allowed to remain as located but must be renewed annually between January 1 and January 31 of each calendar year thereafter.

(4)

In the event that previously permitted spaces exceed the maximum allowed per block, the Borough of Emmaus shall refrain from granting any additional spaces in that block until the number of disabled spaces falls below the maximum allowed. Exceptions may be granted by the issuing authority and Borough Council in certain extreme circumstances.

Issuing Authority.

(1)

The Borough of Emmaus and the Emmaus Police Department shall maintain a log of all existing disabled parking spaces at the time of the effective date hereof. Further, the Borough of Emmaus will maintain a log of all applications for disabled parking spaces for a maximum of one year.

Revocation of Permit and Removal of Sign.

(1)

The Borough of Emmaus reserves the right to revoke any permit or remove any sign for a disabled parking space at any time for any reason.

Penalties.

(1)

A person owning a vehicle parked in a disabled parking designated area without a disabled plate or placard properly displayed and qualifying under this chapter will be subject to citation.

(2)

It shall be unlawful for any person or owner of realty to erect a disabled parking sign upon the streets of the Borough of Emmaus without first making application for a disabled parking sign through the Borough of Emmaus. Any violations hereunder will constitute a summary criminal offense under the laws of the Commonwealth of Pennsylvania, and each day of violation hereunder will be considered a separate offense.

(3)

The fine and penalty for a violation of the regulations here and before designated shall be $50, if paid to the Borough of Emmaus within 10 days of the time of said violation; after the lapse of 10 days after the time of such violation, a citation is issued in accord with the state law.

Exemptions.

(1)

Disabled veterans of any branch of the armed forces are exempt from paying any and all application and installation fees, renewal fees or penalties as set forth in this chapter, upon showing proof of same.

General Provisions.

(1)

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.

(2)

Disabled parking spaces shall not supersede existing parking regulations, including, but not limited to street sweeping, snow ban or snow removal regulations.

(3)

Disabled parking signs will remain the property of the Borough of Emmaus.

(4)

The issuing authority will police and control areas governed by a disabled parking sign.

(5)

The issuing authority will take the following factors into consideration in the issuance of disabled parking signs:

(a)

Overall availability of parking in the area wherein a sign is requested.

(b)

The living arrangements of an individual applicant herein; for example, a disabled person living alone and responsible for his or her own transportation.

(c)

Existing parking problems in the area wherein a sign is requested.

(6)

The granting of a disabled parking space permit does not entitle the applicant to the exclusive use of this space. This space can be used by other disabled persons and disabled veterans, except wherein the space is a permitted space reserved exclusively to a permittee.

Removal of Disabled Parking Signs and Spaces.

The Borough of Emmaus hereby authorizes the removal of the disabled parking signs and assigned spaces, in accordance with Chapter 15 § 602.2.A of the Emmaus Borough Code at the following locations:

Street	Side	Location
South 5th Street		Building located at 32 South 5th Street
221 North 7th Street
120B North 7th Street	West	Building located at 702 Broad Street
446 South 7th Street
Chestnut Street	North	Building located at 327 Main Street
540 Ridge Street	South
517 Seem Street	North
Walnut Street (638)

Parking Lot	Side	Location
Main Street (near Triangle Park)	North	327 Main Street

The Council of the Borough of Emmaus authorizes the Director of Public Works and Chief of Police to remove all signs and street markings for the addresses listed above that indicate assignment of disabled parking.

Addition of Disabled Parking Signs and Spaces.

The Council of the Borough of Emmaus hereby authorizes the addition of the disabled parking signs and assigned spaces, in accordance with § 15-602, Subsection 2A of the Emmaus Borough Code at the following locations:

Parking Lot	Side	Location
Main Street (near Triangle Park)	South	338 Main Street
Emmaus Community Park (2 spaces)		near EPMFA Pavilion
Emmaus Community Park (2 spaces)		Rear Office
Community Park (upper lot)(4 spaces)		Near Well #6

Street	Side	Location
North Street (2 spaces)	South	St. John's UCC
22 Elm Street	North
542 Broad Street	South
319 Main Street	North	Buss Paints
20 North 5th Street (2 spaces)	West

The officers and employees of the Borough of Emmaus are hereby empowered and directed to erect such signs as may be necessary to notify the public of this chapter.

Private Statement to Violators. The issuing authority hereby authorizes an owner of a disabled person parking permit to issue statements to violators or violating vehicles in the form prescribed by the issuing authority.

Repealer. All existing ordinances of the Borough or parts thereof inconsistent with the provisions of this chapter are hereby repealed.

Savings Clause. If any section or provision of this chapter is declared by any Court of competent jurisdiction to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect the constitutionality, legality or validity of this chapter as a whole, nor the constitutionality, legality or validity of any other section or provision of this chapter other than the one so declared to be unconstitutional, illegal or invalid.