As used in this chapter, the following terms shall have the meanings indicated:
APPLICANT
Any disabled person possessing a handicapped license plate or placard or a severely disabled veteran license plate, along with a valid Pennsylvania driver's license and a properly registered vehicle.
ELIGIBLE APPLICANT
Any applicant who, in the discretion of the Summit Hill Borough Council, is entitled to a handicapped parking space based on the applicant's application, accompanying documents and criteria set forth herein.
ELIGIBLE VEHICLE
The vehicle, information for which is contained in the application, which shall be parked in the appropriate parking space by an eligible applicant and upon which is affixed a permit sticker issued by the Borough of Summit Hill.
HANDICAPPED PARKING ADVISORY COMMITTEE
A committee formed by the Borough of Summit Hill, consisting of three members, to review and recommend action on an application for a handicapped parking space.
ISSUING AUTHORITY
The Borough of Summit Hill.
PARKING SIGN
A sign erected by the Borough of Summit Hill, designating a specific area as a parking space for an eligible vehicle; said parking sign shall have affixed to it the same permit number as affixed to the parking sticker issued to the eligible vehicle.
PARKING SPACE
That area designated by the Borough of Summit Hill, in accordance with the Americans Disabilities Act[1] and designated by blue paint, in which an eligible applicant may park an eligible vehicle.
PARKING STICKER
The sticker issued to an eligible applicant, to be affixed to an eligible vehicle, containing the permit number and year, along with the make, model and license plate number of the eligible vehicle.
[1]
Editor's Note: See 42 U.S.C. § 12101 et seq.
A. 
Any person may apply for a handicapped parking space by completing and submitting an application for handicapped parking space form, along with the required fee and accompanying documents, if any.
B. 
Upon submission, the Handicapped Parking Advisory Committee shall interview and investigate the circumstances surrounding the information contained in the application.
C. 
Upon completion of the interview and investigation, the Committee shall make a nonbinding recommendation to the issuing authority on whether or not the application should be granted.
D. 
If an application is granted, one sticker will be issued per applicant and must be affixed to the vehicle in the application.
An initial or renewal application must be accompanied by the applicable fee(s) set by resolution of the Council of the Borough of Summit Hill, and which such fees may be revised from time to time by resolution of the Council of the Borough of Summit Hill as it deems necessary and appropriate.
A. 
Each applicant must provide a full and complete application, along with any required documentation requested by the application or the Handicapped Advisory Committee.
B. 
All eligible applicants will receive a parking sticker to be affixed to the eligible vehicle, a parking sign to be placed by the Borough at a location designated by the Borough of Summit Hill and a permit number to identify these stickers and signs.
C. 
All handicapped stickers and signs will remain the property of the Borough of Summit Hill.
D. 
No signs and stickers will supersede existing parking regulations, including but not limited to street repairs, street sweeping, a snow ban, snow emergencies or snow removal.
E. 
The Borough Secretary will maintain a log of all existing handicapped signs and stickers at the time of the effective date of this chapter, as well as a log of all future applications and permits issued.
F. 
Any person who, prior to the enactment of this chapter, was previously granted a handicapped parking sticker and sign shall retain all rights to that sticker and sign notwithstanding the enactment of this chapter. Any such sticker and sign, however, shall be subject to the renewal criteria and other provisions set forth in this article as provided herein, except that should the renewal criteria of this article conflict with the renewal criteria under which the sticker and sign were previously granted, that previous renewal criteria shall be controlling.
A. 
Within 30 days of the anniversary date of a previously granted permit, each applicant is required to file a renewal application to determine continued eligibility for that applicant's sign and sticker. Said applicant shall pay any renewal fee in effect at that time as set by the Borough of Summit Hill.
B. 
Each renewal application must comply with all requirements as set forth in this article for initial applications.
C. 
After issuance of the initial permit, should the Handicapped Advisory Committee determine that an eligible applicant is no longer eligible for the sticker and sign, it shall recommend the revocation of said permit either at the time of the submission of the application renewal or any other time, based on information received to suggest the applicant is no longer entitled.
D. 
The Borough of Summit Hill may, at its discretion, waive the filing of a yearly renewal application if it deems the circumstances warranting the original issuance of the permit to the applicant are permanent in nature.
A. 
Any applicant whose total gross income does not exceed the limits set by resolution of the Council of the Borough of Summit Hill, and which such income limits may be revised from time to time by resolution of the Council of the Borough of Summit Hill as it deems necessary and appropriate, may apply for a hardship waiver from the Borough Council.
B. 
Said hardship waiver request shall accompany any application filed by the applicant, along with any supporting financial information requested by Summit Hill Borough Council.
C. 
In the event the Summit Hill Borough Council grants said waiver, any additional fees beyond the initial nonrefundable fee shall not be required.
The Handicapped Advisory Committee shall, in the investigation of any application, consider the following criteria, which shall not be a conclusive list:
A. 
Availability of on-street parking in the area of the applicant's home;
B. 
Availability of off-street parking on the applicant's property, including but not limited to garages, carports, and driveways, etc.;
C. 
Location and accessibility of any off-street parking on the applicant's property, including any impediments to applicant's ability to travel from this area to the residence;
D. 
Living arrangements of the applicant, including additional drivers in the same household or other adult individuals responsible for the applicant's transportation;
E. 
Existing parking problems in the area of the applicant's residence;
F. 
Location of entry into the applicant's residence, including location and number of steps;
G. 
Possibility of construction of off-street parking area to provide the applicant with adequate/sufficient parking to meet the applicant's ambulatory needs.
It shall be unlawful:
A. 
For any person to erect a handicapped parking sign upon private property of such person, or upon the sidewalks or streets of the Borough of Summit Hill without first making application for and being granted a permit to erect said sign by the Borough of Summit Hill;
B. 
For any person to park a vehicle in any parking space designated by a handicapped parking sign without said vehicle first having applied to it the appropriate corresponding parking sticker;
C. 
For any person to duplicate a parking sticker or parking sign as those terms are defined herein or to use a parking sticker inconsistent with this article; or
D. 
For any person to place a parking sticker issued by the Borough of Summit Hill upon a vehicle other than an eligible vehicle as defined herein.
Any person found in violation of Article V shall, upon conviction, pay a fine of not less than $200 and/or be imprisoned for not more than 10 days. Each day of violation shall constitute a separate offense.