[Adopted 6-11-2002 by Ord. No. 8-2002]
Unless otherwise expressly stated, the following words and phrases shall be construed throughout this article to have the following meanings:
- The individual appointed by the Mayor and responsible for
the orderly operation and administration of all aspects of the handicapped
parking program, unless otherwise provided hereunder.[Amended 11-15-2005 by Ord. No. 19-2005]
- A resident (or the parent or guardian of the resident) who files an application for the installation of a handicapped parking space.
- The section of a City street identified by the hundreds, for example 0-99, 100-199, 200-299.
- The City of Lancaster.
- The Pennsylvania Department of Transportation.
- HP SPACE
- A parking space reserved for use by handicapped persons or disabled veterans utilizing vehicles lawfully bearing handicapped registration plates or placards.
- 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 handicap parking area.
- One who occupies real estate within a block of a City street and such real estate is used as his/her principal residence.
No fee. The application for the erection of a permanent or temporary HP space shall be made available to any City resident or parent or guardian of a City resident without a fee.
Application. The application will be designed and developed by the Administrator, but shall include, at a minimum, the identity of the applicant, the address of the applicant, the make, model and registration plate number of the applicant's vehicle (if any), the type of disability, whether the disability is permanent or temporary, whether off-street parking is available immediately adjacent to or on the applicant's property, the location of the current HP spaces on the same block where the applicant resides, an appropriate waiver of applicable privacy laws prepared by the City Solicitor, and a signature section. The application shall also contain a clause informing the applicant that the applicant is required to notify the Administrator immediately if and when the applicant moves from the address set forth on the application or no longer has a disability or no longer possesses a valid handicapped registration plate or placard. Upon receipt of any application from such handicapped or disabled individual or such person's parent or guardian, the Administrator may collect other relevant information as the Administrator deems necessary, including medical records evidencing the applicant's ongoing disability.
[Amended 11-15-2005 by Ord. No. 19-2005; 2-22-2011 by Ord. No. 4-2011]
In general. After acquiring a handicapped or disabled veteran's registration plate or placard from the Department, any City resident may file an application for the creation of a HP space upon the block which the resident resides. The possession of a handicapped or disabled veteran's registration plate or placard does not guarantee that the resident's application for a HP space will be granted.
Statement of disability. All applications for an HP space must be supported by proof of the applicant's asserted disability from a medical doctor, doctor of osteopathy, or doctor of podiatry medicine (collectively, "physician"). The physician's statement must be typewritten upon the physician’s letterhead, signed by the applicant's physician, must not be issued more than six months prior to the date of the application and must specifically set forth the nature of the impairment, how the impairment limits the applicant's mobility under Subsection C below, and the estimated duration of the applicant's impairment. Notwithstanding the applicant's provision of a physician's statement of disability, the Administrator may require the applicant to provide additional medical records evidencing the applicant's ongoing disability.
[Amended 11-15-2005 by Ord. No. 19-2005]
Criteria. In order to provide an adequate number of HP spaces in a particular block and to preserve adequate parking spaces for all City residents, before the City creates a HP space, the Administrator must determine that the limitations upon the number and placement of HP spaces on a particular block set forth in § 285-130 will not be exceeded if the requested HP space is created, that the applicant has proven that there is no handicapped accessible off-street parking available to the applicant, and that the applicant meets one or more of the following:
The applicant is medically required to use portable oxygen;
The applicant has limited or no use of one or both legs;
The applicant suffers from severe limitation in the ability to walk due to any arthritic, neurological or orthopedic condition or any physical ailment that prevents the applicant from walking 200 feet without stopping to rest;
The applicant suffers from a serious cardiac condition to the extent that the person's functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association; or
The applicant suffers from any other physical or mental impairment not heretofore mentioned which constitutes a substantial degree of disability and imposes great difficulty on the applicant to walk more than 200 feet without stopping.
Final determination. After collecting all pertinent information, the Administrator will review and investigate all information related to the application. The Administrator may obtain an independent medical review of the applicant's medical records and asserted disability. The Administrator shall deny the application if the medical review does not support the claimant's asserted ongoing disability. The Administrator may approve and authorize the creation of the HP space and installation signage in accordance with applicable state laws and regulations, as well as defining the duration of its validity, if the Administrator determines the applicant has met the requirements of this Article. In the event the Administrator determines the applicant has not met the requirements of this Article, the Administrator shall deny the application and inform the applicant in writing as to the denial and the reason(s) for the denial. The applicant has the right to appeal the decision of the Administrator to the Traffic Commission. The applicant shall file an appeal of the Administrator's decision within 20 days of the date thereof with the Traffic Commission or its designee. The Traffic Commission shall hear the appeal at its next regularly scheduled meeting occurring more than seven days after the filing of the appeal. The applicant and the City, including the Administrator, shall be entitled to present evidence in support of their position before the Traffic Commission. If the application is denied on the basis of a medical review, the applicant must present the testimony of a physician in support of the application to the Traffic Commission. The Traffic Commission's decision on the appeal shall be final.
Nonexclusive right. If a HP space is created under this Article, the HP space so created may be used by any person parking a vehicle lawfully bearing registration plates or placards issued to handicapped persons or disabled veterans. This Article shall not be construed as granting the applicant the exclusive right to park his/her vehicle in the HP space created hereunder.
Other parking regulations. Nothing in this Article shall exempt individuals utilizing HP spaces from other parking restrictions or regulations applicable to the space/block.
Neither the Administrator nor the Traffic Commission may authorize HP space(s) in excess of the limitations set forth below:
Central Business District. No additional HP spaces may be granted by the Administrator or the Traffic Commission within the Central Business District, (CB and CB1), as defined by the Zoning Ordinance of the City of Lancaster. The Director of Public Works may direct the installation of a HP space within the Central Business District as he/she deems appropriate.
[Amended 11-15-2005 by Ord. No. 19-2005]
One-way roadways. When the roadway is a one-way roadway, no more than two HP spaces may be granted on each side of the block on which parking is permitted.
Two-way roadways. When the roadway is a two-way street, no more than three HP spaces may be granted on each side of the block on which parking is permitted.
Other parking restrictions. The Administrator and Traffic Commission may consider other parking restrictions applicable to a particular block and other information regarding the block including but not limited to the size of the block, and may further restrict the number of HP spaces to maintain an adequate number of unregulated parking spaces, as they deem appropriate.
Council action. City Council may authorize more than the maximum number of HP spaces on a particular block by ordinance setting forth the block which is excluded from this limitation and the maximum number of HP spaces permitted on that particular block. Any such ordinance shall expire and be of no further force and effect after the expiration of two years from the effective date of the amending ordinance, unless reenacted by Council. The Administrator shall notify City Council, the Traffic Commission and each applicant on the subject block no more than 90 days and no less than 60 days prior to the expiration of such ordinance.
Generally. For a single application for a HP space, sign placements will be positioned as close as possible to the place of residence of the applicant as the street design permits. In the event more than the permissible number of HP spaces are requested on a one- or two-way roadway, the HP spaces may be located or relocated in the center of the block or otherwise adequately positioned to collectively reflect, as a whole, the needs of all applicants, as determined by the Administrator.
Authority to post. The City of Lancaster Department of Public Works Director will direct all postings, sign removals and replacements of HP spaces in accordance with Department rules and regulations. The Administrator will report the posting or removal of handicapped parking signs and all actions taken upon applications for handicapped parking spaces to the Traffic Commission at the next scheduled meeting.
Disputes regarding sign placement. The Administrator shall be responsible for investigating City and citizen complaints regarding the placement of handicapped parking signs. The Administrator shall require all complaints be in writing and shall conduct an investigation of the complaint within 90 calendar days. Upon conducting an investigation, the Administrator shall report the complaint, its investigation, and the Administrator's recommendation to the Traffic Commission. The Traffic Commission shall resolve all complaints in a manner it deems just and appropriate, including but not limited to the removal of the HP space. The complainant, block residents, applicant and City, including the Administrator, shall be entitled to present evidence to the Traffic Commission. Strict rules of evidence shall not apply, but the Traffic Commission may limit or prohibit irrelevant, repetitive or hearsay testimony. The Administrator shall inform the complainant, applicant, and interested parties of the Traffic Commission's action upon the complaint.
Annual reporting. After approval of the application, the applicant shall submit an annual renewal application. The renewal application shall be designed by the Administrator and require the applicant to verify the continuance of his/her disability. The Administrator shall require an applicant to submit an updated physician's statement of the applicant's disability, based on the criteria set forth under § 285-129. The Administrator may require the applicant to submit medical records, other than a physician's statement, which evidences the applicant's ongoing disability. In January of each year, the Administrator shall mail (via regular first class mail) each applicant (and applicants under prior rules and regulations) the renewal application referenced herein. If the applicant fails to submit the renewal application, including physician's statement of disability and additional medical records (if such records are requested) by March 15th of that year or the Administrator determines the applicant is no longer eligible for a HP space, the Administrator shall inform the Director of Public Works the HP space should be removed. The Administrator may obtain an independent medical review of applicant's medical records. The Administrator shall give written notice of his/her determination that the applicant is no longer eligible for an HP space to the applicant within 30 days of the City's receipt of the renewal application. The applicant may appeal the determination of the Administrator to the Traffic Commission in accordance with § 285-129D.
Registration plates and placards. The applicant shall be solely responsible for the cost of any and all state-related applications, filings, and documentation required for a placard or registration plate. The placard or registration plate must be displayed while the vehicle is parked in a public designated HP space.
It shall be unlawful for any person to knowingly and willfully, with the intent to deceive, make a false statement to any public official for purposes of obtaining a HP space. Any person who violates this provision shall, upon conviction thereof, be fined not less than $500 nor more than $1,000.