This article shall be known as the "Accessible Parking Ordinance for Persons with Disabilities" and is enacted pursuant to the Borough Code, 53 P.S. § 46202(6) (Health and safety regulations)[1]; 53 P.S. § 46202(17) (Street regulations)[2]; 53 P.S. § 46202(74) (General powers)[3]; and the Motor Vehicle Code, 75 Pa.C.S.A. § 3354(d)(2)(3)(i) and (ii), § 3354(e), § 3354(f) (additional parking regulations).
[Added 6-25-1997 by Ord. No. 568]
A.
The Borough of New Cumberland recognizes that residents with disabilities which limit or impair the ability to walk may require reasonable parking accommodations on public streets adjacent to their residences within the municipality.
B.
The Borough of New Cumberland desires to create a uniform system and procedure for the establishment of a reserved, vehicle parking space for the benefit of a resident who lives in a dwelling without a sufficient off-street parking area and where such resident has a documented disability which limits or impairs the ability to walk.
C.
The Borough of New Cumberland recognizes that the laws of the Commonwealth of Pennsylvania provide discretionary authority for the establishment of reserved, vehicle parking spaces for persons with disabilities which limit or impair the ability to walk.
D.
The Borough of New Cumberland recognizes that any uniform system and procedure establishing reserved, vehicle parking spaces for the benefit of persons with disabilities is a reasonable accommodation which must conform with existing public parking conditions characterized by significant demand for parking spaces by all persons living and driving within the municipality.
E.
The Borough of New Cumberland desires to encourage persons with disabilities which limit or impair the ability to walk to obtain residential dwellings which provide sufficient accommodations for off-street parking, including driveways, garages, carports and other private parking areas, or to modify existing residential dwellings to provide for reasonable off-street parking.
As used in this article, the following terms shall have the meanings indicated:
The Borough of New Cumberland, its agents, employees, and staff.
The Pennsylvania Department of Transportation.
When permitted, means the temporary storing of a vehicle, whether occupied or not, off or on a street. When prohibited, means the halting of a vehicle, whether occupied or not, except momentarily for the purpose of and while actually engaged in loading or unloading property or passengers.
A natural person, firm, corporation, partnership, association or copartnership.
Any person who, as determined by one licensed physician:
Cannot walk 200 feet without stopping to rest; or
Cannot walk without the use of or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; or
Is restricted by lung disease to such an extent that the person's forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg on room air at rest; or
Uses portable oxygen which limits the ability to walk; or
Has a cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association and approved by a licensed physician; or
Are severely limited in the ability to walk due to an arthritic, neurological, or orthopedic condition;
Each persons disability to be reviewed on a case by case basis.
A person dwelling permanently or continuously for period exceeding 60 consecutive days within the Borough of New Cumberland.
To terminate by formal action of the municipality any privilege, permit or ordinance established by the municipality for the benefit of a person with a disability which limits or impairs the ability to walk.
A public thoroughfare for vehicular traffic and/or pedestrian traffic, whether designated as a street, highway thoroughfare, parkway, roadway, avenue, boulevard, lane, or alley.
Indicates that an action is required or prohibited.
A license plate bearing symbols or writing displaying the International Symbol of Access, together with letters or numbers on such plate.
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the public for vehicular travel. The term includes a roadway open to the use of the public for vehicular travel on grounds of any public or private school, library or park publicly maintained by the Borough of New Cumberland.
Any activity, including the parking of any vehicle, which interferes with the clear sight triangle at any intersection or driveway intersection with a street, or which obstructs vision at street intersections or at the intersection of any driveway with a street.
Any device, excluding a motorcycle or motor home, designed for carrying not more than 15 passengers, including the driver, and primarily used for the transportation of persons. This term includes motor vehicles which are designed with seats that may be readily removed and reinstalled, but does not include such vehicles if used or maintained primarily for the transportation of property.
A temporary or permanent, two-sided hanger-style placard which displays the International Symbol of Access which is at least three inches in height, centered on the placard, and is white on a blue shield, and also displaying an identification number, an expiration date and seal of the Commonwealth of Pennsylvania.
Establishment of reserved parking space for person with a disability which limits or impairs the ability to walk.
A.
Application for parking space permit. No parking space for a person with a disability which limits or impairs the ability to walk shall be issued by the Borough prior to the completion of an application in accordance with the requirements of this article.
B.
Parking space permit requirements. Any applicant applying for a parking space for a person with a disability which limits or impairs the ability to walk shall complete an application approved by the Borough. Such application shall be verified and shall contain the following information:
(1)
Applicants name, address, telephone number, date of birth and driver's license number; and
(2)
The nature of the applicant's disability and whether such disability is temporary or permanent; and
(3)
A written explanation as to why the applicant is in need of a parking space; and
(4)
The make, model, color, vehicle identification number, handicapped license plate number issued by the Commonwealth of Pennsylvania, registered name and year of the vehicle which will occupy the parking space, or any vehicle currently being used to transport the resident applicant, if a permit is issued; and
(5)
The requested location for the parking space for the vehicle occupying the reserved parking space; and
(6)
A written explanation as to whether any off-street parking, driveway or garage exists and/or is available at the applicant's residence. If off-street parking, a driveway or garage is available or could be available, the applicant shall explain why such use cannot be utilized or modified to provide off-street parking.
C.
Additional requirements. In addition to a completed and verified application, an applicant shall submit the following documents with the application for a reserved parking space:
(1)
One certificate of a licensed physician that the applicant meets the standards for a person with a disability which limits or impairs the ability to walk, together with the name and address of the applicant's physician; and
(2)
An application fee in the amount of $50 which shall be applied to the purchase cost of a sign, marking the area adjacent to a reserved parking area, and the reasonable cost of sign erection, if granted.
(3)
Proof of issuance of a handicapped license plate and/or a handicapped placard issued by the Commonwealth of Pennsylvania, e.g., photocopy of either or both; and
(4)
A written release, signed by the applicant, releasing the Borough from any liability from injury or damages, if any, sustained by the applicant in association with the requested parking space.
(5)
The applicant shall pay a $5 annual fee to the Borough of New Cumberland during the month of January to renew validation of an existing permit.
A.
No parking space shall be granted to any applicant where sufficient off-street parking, a driveway, garage, carport or private parking area, is reasonably available.
B.
No parking space shall be granted to any applicant where current parking restrictions prohibit parking at the requested location, or where the request is not consistent with PA DOT regulations or would create a traffic hazard.
C.
No parking space shall be granted to any applicant where the applicant fails to complete an application, or where the applicant falsifies information on an application, or where the applicant fails to provide any information or documents as required by this article.
D.
No parking space shall be granted to any applicant where the applicant is seeking a parking space, if approved, exceeding 22 feet in length.
E.
No parking space shall be granted to any nonresident.
F.
No parking space shall be granted to any applicant who is requesting a permit for a non-passenger vehicle.
A.
Review of application. Upon receipt of any application, an agent, employee, or committee appointed by the Borough Council shall review the application in order to determine whether the application meets the requirements of this article. Within 30 days after receipt of a completed application, the agent, employee or committee shall submit a written report to the Borough Council which shall review the report and determine whether or not to grant the request for the application for a parking space. Such approval shall be by action of the Borough Council and such decision shall be rendered by Borough Council within 60 days after the Borough's receipt of a completed application and necessary fee.
B.
Issuance of parking permit. In the event the Borough Council approves the application based upon the requirements of this article and the report of the agent, employee or committee which reviewed the application, a permit shall be issued to the applicant for a reserved parking space.
C.
Sign and marking requirements. Upon issuance of a parking permit, the Borough shall paint the curbing adjacent to area of the reserved parking space with blue paint and shall erect a sign which complies with PA DOT requirements which contains the following information:
A.
Expiration of permit. A reserved parking permit shall expire upon the occurrence of any of the following events:
(1)
Removal or departure of the applicant from the registered address; or
(2)
Failure of the applicant to pay the costs or fees as set forth in this article or as hereinafter enacted by Borough Council; or
(3)
Expiration, revocation or termination of the applicant's special license plate or windshield placard issued by the Commonwealth of Pennsylvania or agency issuing the license plate or placard; or
(4)
Restoration of the person's physical condition so that such person is no longer classified as a person with a disability which limits or impairs the ability to walk; or
(5)
Failure to contact Borough office during the month of January each year.
B.
Revocation of permit. Any parking permit issued by the authority of this article may be revoked for any of the following events:
(1)
Failure to maintain a windshield placard on the vehicle authorized to use the parking space; or
(2)
Use of the parking space by persons (other than the applicant) who are permitted by applicant to use the parking space; or
(3)
Intentional or reckless acts of the applicant or his agents which damage or modify any sign erected by the Borough for a reserved parking space for a resident with a disability which limits or impairs the ability to walk; or
(4)
The use of the reserved parking space as a storage area for any vehicle.
(5)
Failure to adhere to traffic laws regulating the parking of vehicles on public streets.
C.
Removal of sign. A sign may be removed for failing to apply for renewal, or if upon investigation and after notice, the Borough determines that the applicant has moved or that the privilege is being used in violation of this article. The notice to the individual shall be mailed by certified mail to the applicant's registered or mailing address, shall state the reasons for the anticipated removal of the sign and shall give the applicant 30 days to correct the violation. Failure to correct the violation within the thirty-day period shall result in removal of the sign.
A.
Prohibited activity.
(1)
No person shall park any vehicle in a parking space designated for a person with a disability which limits or impairs the ability to walk, other than the vehicle so designated by the permit issued to an applicant.
(2)
No person shall park any vehicle in a parking space designated for a person with a disability which limits or impairs the ability to walk other than the person identified on the application and subsequent permit.
(3)
No person shall use or display a windshield placard in any vehicle other than the vehicle registered in the name of the resident issued a reserved parking space permit.
B.
Penalty for violation:
(1)
Any person who shall violate any of the provisions of this article shall, upon conviction thereof, be sentenced to pay a fine of not less than $50, nor more than $200, together with the costs of prosecution, to be collected as other fines and costs are now recovered by law.
(2)
Any person who knowingly submits a false application to the Borough shall, upon conviction thereof, be sentenced to pay a fine of not less than $200, nor more than $600, and costs. Each false application shall constitute a separate offense.
C.
Enforcement. Enforcement of this article shall be the duty of the New Cumberland Borough Police Department. Nothing in this article shall be construed to prevent the Borough from pursuing equitable or other relief directly within the Court of Common Pleas for continuing violations of this article. The New Cumberland Borough Police Department is further authorized to tow or direct the towing of any motor vehicle which violates any provisions of this article, with the costs of such towing to be charged against the owner or operator of the motor vehicle violating this article.
This article shall become effective in accordance with law.
In the event that any provision, section, sentence, clause or part of this article shall be held to be invalid, such invalidity shall not affect or impair any remaining provision, section, sentence, clause or part of this article or other ordinances affected by this article, it being the intent of the Borough that such remainder shall be and shall remain in full force and effect.
All other ordinances, parts of ordinances or parts of resolutions inconsistent herewith shall be and the same are expressly repealed.