[Adopted 3-8-2004 by Ord. No. 729]
This article may be referred to as the "Borough
of Columbia Handicapped Parking Ordinance."
The Borough Council of the Borough of Columbia
enacts this article for the following purposes:
A.
To facilitate and provide adequate parking on public
streets for handicapped persons and severely disabled veterans;
B.
To prevent the proliferation of handicapped parking
spaces to the detriment of the community;
C.
To maintain and preserve an adequate amount of parking
spaces for handicapped persons and severely disabled veterans residing
in the Borough of Columbia; and
D.
To provide for an application process with clearly
established eligibility and evaluation criteria for obtaining handicapped
parking spaces.
Words and phrases used in this article shall
have, for the purposes of this article, the meanings given them in
the current Pennsylvania Motor Vehicle Code ("MVC"), except in those
instances where the context clearly indicates a different meaning.
The singular shall include the plural, and the masculine shall include
the feminine. Notwithstanding the foregoing, unless otherwise expressly
stated, the following words and phrases shall be construed throughout
this article to have the following meanings:
Owners of properties in the Borough of Columbia which share
a common property line with the property occupied by the resident
for whom a handicapped parking space is requested.
One who is handicapped or who is a severely disabled veteran
who occupies real estate as his or her principal residence in the
Borough and who files an application for the installation of a handicapped
parking sign.
[Amended 1-8-2007 by Ord. No. 774]
The Borough of Columbia, Lancaster County, Pennsylvania.
The Borough Council of the Borough of Columbia, Lancaster
County, Pennsylvania.
The Borough Manager of the Borough of Columbia, Lancaster
County, Pennsylvania or his designee.
The Code Enforcement Officer and/or official of the Borough
of Columbia, Lancaster County, Pennsylvania.
A parking space reserved for use by handicapped persons or
severely disabled veterans utilizing vehicles lawfully bearing handicapped
registration or severely disabled veterans plates or placards.
The Pennsylvania Department of Transportation.
An instrument of notice that is hung from the inside rearview
mirror of a vehicle indicating that said vehicle is currently authorized
to park in a handicapped parking space.
The Public Safety Committee of the Borough Council.[1]
[1]
Editor's Note: The former definition of "resident,"
which immediately followed this definition, was repealed 1-8-2007
by Ord. No. 774.
Any applicant wishing to reserve a handicapped
parking space on any street within the Borough upon which public parking
is currently permitted shall submit a written request to the Borough
Manager, which must include the following information:
A.
The name, address and telephone number of the applicant
if the applicant is a person other than the resident.
B.
The name, address and telephone number of the resident.
C.
The registration number of the handicapped or severely
disabled veteran registration plate or placard issued by PennDOT to
the resident or the applicant on behalf of the resident.
D.
Proof of ownership of a vehicle by the applicant or
the resident for whom the handicapped parking space is requested along
with the make, model and license plate number of such vehicle.
E.
A description of the physical impairment of the resident,
a statement as to whether the impairment is permanent or temporary
(if temporary, a detailed statement of the anticipated term of the
impairment) and whether a device such as wheelchair, crutches or walker
is used by such resident for locomotion. The applicant shall supply
with the written request proof of the resident's asserted medical
disability from a medical doctor, doctor of osteopathy or doctor of
podiatry medicine (collectively, "physician"). The physician's statement
must be signed by the resident's physician, must not be issued more
than six months prior to the date of the written request and must
specifically set forth the nature of the impairment, how the impairment
limits the resident's mobility and the estimated duration of the resident's
impairment.
F.
The location of the requested handicapped parking
space.
G.
The names, addresses and telephone numbers (if listed
in a published telephone directory) of adjacent property owners of
all real estate sharing a common property line with the resident's.
H.
Any other information requested by the Borough Manager,
including medical records evidencing the resident's ongoing disability.
Moreover, if the disability is not permanent, the applicant shall,
when requested by the Borough Manager, submit any and all documents
requested by the Borough Manager to evidence that the disability of
the resident continues to exist.
I.
Payment of the application fee as set from time to
time by resolution of Borough Council. Notwithstanding the foregoing,
no applicant or resident for whom the handicap parking space is requested,
shall be required to pay any such fee should such applicant or resident
for whom the handicap parking space is requested have a current severely
disabled veteran plate and/or severely disabled veteran placard issued
by the Commonwealth of Pennsylvania in accordance with 75 Pa.C.S.A.
§ 1342, as amended from time to time.
[Amended 3-11-2013 by Ord. No. 831]
J.
Copy and proof of a valid driver's license issued
to the applicant.
[Added 1-8-2007 by Ord. No. 774]
[Amended 1-8-2007 by Ord. No. 774]
The Code Enforcement Officer or his designee
shall review all requests submitted for reservation of a handicapped
parking space and shall submit to the Borough Manager a recommendation
regarding each request. If required by the MVC or pursuant to PennDOT
regulations, the Code Enforcement Officer or the Borough Manager shall
obtain a traffic and engineering study related to each request. The
cost of any such request shall be borne by the applicant. The recommendations
of the Code Enforcement Officer or his designee shall be submitted
to the Borough Manager within 60 days following receipt by the Borough
of the request, unless the applicant, in writing, agrees and consents
to a waiver of this time requirement. The Borough Manager shall consider
the request within 30 days following submission of the recommendations
from the Code Enforcement Officer, and the Borough Manager may take
whatever action he deems appropriate in his sole and absolute discretion.
Should the Borough Manager grant the request, he shall provide written
notice thereof to the applicant and shall direct the proper officials
of the Borough to post an appropriate sign at the approved location
upon payment to the Borough by the applicant of all costs of and for
acquisition and installation of the sign, including the signpost and
any and all other related costs. Should the Borough Manager deny the
request, he shall, in writing, inform the applicant of the same, and
in such writing set forth the reasons for the denial; said writing
is to be mailed within seven business days following the date the
Borough Manager denies the request.
[Amended 1-8-2007 by Ord. No. 774]
The Code Enforcement Officer shall, in writing,
notify the adjacent property owners that an application has been submitted
and that they can submit to the Borough Manager, in writing, their
support or opposition to the request. The notice shall set forth the
date and time by which such written support or objection must be received
by the Borough Manager.
[Amended 1-8-2007 by Ord. No. 774]
A.
While all requests for the reservation of a handicapped
parking space lie solely and absolutely in the discretion of the Borough
Manager, and while the possession of a handicapped or severely disabled
veteran's registration plate or placard does not guarantee that the
applicant's request will be granted, the Borough Manager shall, among
others, consider the following factors in rendering his or her decision
on each request:
(1)
Whether the person for whom the handicapped parking
space is requested is a resident;
(2)
Whether PennDOT has issued a handicapped or severely
disabled veteran registration plate or placard to the resident or
on behalf of the resident for whom the request is made. Notwithstanding
the foregoing, should no one residing in the dwelling with the resident
have such a handicapped or severely disabled veteran registration
plate from PennDOT, the resident or the applicant shall not be entitled
to the issuance of a handicapped parking space under this article;
(3)
Whether there exists a reasonably accessible and practicable
off-street parking space to serve the location, it being understood
that if such off-street parking place exists, the Borough Manager
shall not grant the request;
(4)
The recommendation of the Code Enforcement Officer;
(5)
Whether the resident has any other handicapped parking
spaces reserved unto him in the Borough, it being understood that
the Borough Manager shall grant no more than one parking space per
resident;
(6)
The recommendations and findings of any traffic and/or
engineering studies, if any, for the location;
(7)
The nature of the resident's disability, and whether
that disability creates a need for a reserved handicapped parking
space that outweighs the public interest in maintaining that space
for general public use;
(8)
All information set forth in the written request of
the applicant; and
(9)
Any other information which the Borough Manager deems
applicable or appropriate under the particular facts and circumstances
of each request.
B.
The Borough Manager, in his or her sole and absolute
discretion, may limit the number of handicapped parking spaces on
any street within the Borough of Columbia.
[Added 10-10-2023 by Ord. No. 947-2023]
If a handicapped parking space is approved pursuant to this
chapter, the Borough may, at the request of the applicant, designate
the approved handicapped parking space for a specific vehicle, specific
license plate, specific placard number, or some other category of
designation to be determined by the Borough.
[Amended 1-8-2007 by Ord. No. 774; 1-27-2009 by Ord. No.
797]
A.
Annual renewal. Any and all handicapped parking spaces created hereby shall remain in full force and effect for a period of one year from the date created or renewed, unless sooner terminated in accordance with the provisions of this article. Any applicant wishing for the space created at his or her request to be renewed for an additional one-year period shall submit a written request to the Borough Manager, including the information required by § 207-87 hereof, along with a renewal fee of $10, which fee may be modified from time to time by resolution of Borough Council. The request for renewal shall be reviewed in accordance with the provisions of § 207-90 hereof.
B.
Termination. In the event that the applicant for whom a handicapped
parking space was created ceases to permanently reside at the location
for which the space has been reserved, is no longer disabled, ceases
to have a current handicapped or severely disabled veterans registration
plate or placard, fails to file the annual renewal or pay the annual
renewal fee, fails to comply with any other terms of this article,
or if the Borough Manager shall determine that such applicant is no
longer entitled to the handicapped parking space, the Borough Manager
shall, by written letter directed to the applicant, rescind the approval
for such handicapped parking space and direct the proper officials
of the Borough to remove all signs designating such handicapped parking
space.
C.
Appeals. Any person aggrieved by a decision of the Borough Manager
pursuant to this article, may appeal that decision by filing a written
request for appeal with the Borough Manager within 10 days of the
Borough Manager's actions being so appealed. All such appeals shall
be heard by the Public Safety Committee at its next regularly scheduled
public meeting occurring more than seven days after the filing of
the appeal.
Borough Council specifically authorizes its
duly appointed police officers, Code Enforcement Officer and Borough
Manager and any other person authorized by Borough Council by resolution
to enforce this article and to issue citations for violations of this
article and to prosecute any such violations pursuant to the terms
of this article.
[Amended 1-8-2007 by Ord. No. 774]
A.
The parking of any vehicle not lawfully bearing a
handicapped or severely disabled veteran's registration plate or placard
when the vehicle is being operated for the transportation of a handicapped
person or severely disabled veteran shall be prohibited at all times
in any parking space reserved pursuant to this article, and no parking
shall be permitted at any such handicapped parking space by any vehicle
other than that for which a handicapped parking space has been reserved.
B.
If a handicapped parking space is created under this
article, the handicapped parking space so created may be used by any
person parking a vehicle lawfully bearing registration plates or placards
issued by PennDOT to handicapped persons or severely disabled veterans.
This article shall not be construed as granting the applicant for
whom the request was submitted the exclusive right to park his or
her vehicle in the handicapped parking space created hereunder.
A.
Any person violating any of the provisions of this
article, upon summary conviction, shall be sentenced to pay a fine
of not more than $600, plus costs of prosecution.
B.
Nothing in this section is intended to limit or prohibit
the issuance of citations for violations of the MVC. The penalties
of this section shall be deemed to be in addition to, and not in place
of, any violations of the MVC, provided only that the total of all
such fines for each violation shall not exceed $600.
C.
Each citation issued hereunder shall be considered
a separate violation, and separate violations shall not be combined
in calculating the total of such violations.
Nothing in this article is intended to or shall
be construed to limit Borough Council from establishing handicapped
parking spaces within the Borough in any other manner and at any time
Borough Council deems appropriate, to the extent authorized by the
MVC, PennDOT regulations and other applicable laws.
Handicapped parking spaces in existence on the
effective date of this article shall be permitted to remain in place
subject to the annual renewal provisions hereof.
It shall be unlawful and a violation hereof
for any person to knowingly and willfully make a false statement to
any public official for purposes of obtaining a handicapped parking
space.
In addition to all costs which are made the
responsibility of the applicant by the terms hereof, the applicant
and/or the resident for whom the applicant is making the request for
a handicapped parking space shall be solely responsible for the cost
of any and all state-related applications, filings and documentation
required for a placard or registration plate (handicapped or severely
disabled veteran). All such placards or registration plates must be
displayed while the vehicle is parked in a public designated handicapped
parking space.
[Added 1-8-2007 by Ord. No. 774]
The Borough Manager or his or her designee shall
at all times keep a written list of all handicapped parking spaces
reserved in the Borough of Columbia and shall promptly update such
list each time a new space is reserved or repealed.
