[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.
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.
A.
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.
B.
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]
A.
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.
B.
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]
C.
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:
(1)
The applicant is medically required to use portable
oxygen;
(2)
The applicant has limited or no use of one or both
legs;
(3)
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;
(4)
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
(5)
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.
D.
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.
E.
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.
F.
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:
A.
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[1] 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]
B.
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.
C.
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.
D.
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.
E.
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.
A.
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.
B.
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.
C.
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.
A.
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.
B.
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.
