[Adopted 6-14-2007 by Ord. No. 2007-2]
Any person requesting an on-street handicapped
parking space within the Borough of Jim Thorpe shall make application
to the Chief of Police by appropriate form provided by the Police
Department. Any person who proposes to maintain eligibility for existing
handicapped parking spaces beyond December 31, 2007, shall submit
an application to the Chief of Police.
The Chief of Police shall review all applications submitted and shall make a recommendation to the Mayor. The Mayor shall approve or reject all applications utilizing the criteria set forth under § 420-39 of this article. Anyone aggrieved by the decision of the Mayor shall have the right to appeal under the Local Agency Act[1] to Borough Council. The Mayor shall include in his monthly
report at the regular Borough Council meeting information as to the
handicapped parking space permits upon which action was taken since
the prior month's report to the Council. The Chief of Police shall
review all handicapped parking spaces or areas at least once annually
to determine whether or not the individuals so requesting the handicapped
parking space or areas continues to be eligible under the criteria
hereinafter set forth.
[1]
Editor's Note: See 2 Pa.C.S.A. § 551
et seq. and § 751 et seq.
The criteria for a nonpersonalized handicapped
parking space shall be as follows:
A.
The person so requesting the space shall exhibit proof
that he or she has qualified for a handicapped person's license plate
under the regulations issued by the Pennsylvania Department of Transportation.
B.
No more than one handicapped parking space shall be
issued to any one individual within the corporate limits of the Borough
of Jim Thorpe.
C.
No more than one handicapped parking space shall be
provided per dwelling unit within the corporate limits of the Borough
of Jim Thorpe.
D.
No handicapped parking space shall be provided for
the location so requested if there exists a reasonably accessible
and practicable off-street parking space to serve such location.
E.
The individual requesting the handicapped parking
space shall provide evidence that he or she has physical impairment
such as a loss of use of a lower extremity, cardiopulmonary condition
which substantially restricts movement or otherwise requires the use
of a wheelchair, crutches, walker or similar device for purposes of
locomotion.
F.
In considering an application for handicapped parking
space, a report or letter from the applicant's treating physician
may be considered but any such report shall not by itself be considered
conclusive.
G.
No handicapped parking space shall be created unless
it can be demonstrated that the physical condition giving rise to
the request is reasonably expected to continue for a period of no
less than six consecutive months.
H.
In the event there is a material improvement in the
physical condition of the applicant, supported by a report or letter
from the applicant's treating physician, to the extent that the applicant
would no longer qualify under the criteria set forth herein, the handicapped
parking space shall be removed. Likewise, the handicapped parking
space shall be removed if there is a change in the circumstances such
that the handicapped parking space shall no longer be appropriate
under the criteria referred to herein.
A fee of $250 payable at the time of the notification
of approval of the handicapped parking request is hereby set. The
fees provided will be used to cover the cost of materials and labor
to establish the parking space.
A.
All approved applications shall be subject to an annual renewal/administrative fee of $10 each year for a nonpersonalized parking space each year. Said fee is to be paid to the Borough of Jim Thorpe and submitted with a renewal application (which includes proof of eligibility as required by § 420-39 above) not later than January 15 of each year. In the event said fee is not paid by said date, then the existing handicapped parking space shall terminate and be removed as of January 15 of each year.
B.
Any person who proposes to maintain eligibility for existing handicapped parking spaces beyond December 31, 2007 shall submit a renewal application, which included proof of eligibility as required by § 420-39 above, to the Chief of Police. Said application shall be accompanied by the annual renewal administrative fee of $10 for a nonpersonalized parking space each year.
This article shall not limit the discretion
of the Borough Council of the Borough of Jim Thorpe to establish handicapped
parking areas at other locations where the Borough Council deems appropriate.
Whenever the Mayor or other authorized Borough
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this article
or of any regulation adopted pursuant thereto, the Chief of Police
shall give notice to said individual and/or entity of such alleged
violation and/or noncompliance as herein provided. Such notice shall
be in writing and include a statement of the reason for its issuance
and/or revocation of handicapped parking space.
Any person and/or entity who fails to comply
with any or all of the request or provisions of this article or who
fails or refuses to comply with any notice, order or directive of
the Chief of Police or other authorized representative of the Borough
shall be guilty of a summary offense and, upon conviction, shall pay
a fine to the municipality of not less than $25 nor more than $600
plus costs of prosecution, and in default of payment of such fine
and costs, shall be subject to imprisonment in the county jail for
a term not to exceed 30 days.
