Wherever a space is marked off on any street
for the parking of an individual vehicle, every vehicle parked there
shall be parked wholly within the lines bounding that space, and it
shall be a violation of this article for any person to park a vehicle
or allow it to remain parked otherwise.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XIV (§
248-64), attached to and made a part of this chapter.
No person shall park a vehicle upon any of the streets or parts of streets described in Schedule XV (§
248-65), attached to and made a part of this chapter, during the hours specified in said schedule, on any day except Saturdays, Sundays and holidays.
No person shall park a vehicle or allow the same to remain parked upon any of the streets or parts of streets described in Schedule XVI (§
248-66), attached to and made a part of this chapter, between the hours specified, for longer than the time indicated in said schedule.
[Amended 6-16-2010 by Ord. No. 2841; 2-15-2024 by Ord. No. 23-002]
A. That any person with a disability or severely disabled veteran who
desires to have the Borough erect on a roadway as close as possible
to their place of residence or to an accessible entrance at their
place of residence a sign or signs indicating that such place is reserved
for a person with a disability or severely disabled veteran, that
no parking is allowed by others who are not disabled, and that any
unauthorized person parking there shall be subject to a fine in the
minimum amount of $50 and maximum amount of $200, plus costs, pursuant
to the provisions of Section 3354(d) of the Pennsylvania Motor Vehicle
Code, 75 Pa. C.S.A. § 3354(d), shall make application for
the erection of such sign or signs to the Wilkinsburg Borough Chief
of Police or his or her designee. This application shall have a simple,
fill-in-the-blank format substantially in the form attached hereto
as Exhibit A and shall include, but not be limited to, the following
information:
(1) A vehicle must be registered to and must be driven by a resident
with a disability, a family member of the resident who also resides
at the same address, or a caretaker of the resident upon whom the
resident relies for transportation.
(2) A copy of an unexpired persons with disabilities parking placard
or special registration plate for one passenger car or other vehicle
with a registered gross weight of not more than 14,000 pounds, designating
the vehicle so licensed as being used by a person with a disability
pursuant to Section 1338(a) of the Pennsylvania Motor Vehicle Code,
75 Pa. C.S.A. § 1338(a).
(3) Verification of the requirements listed in Subsection
B of this section, said proof to be provided, in writing.
B. In making the final determination regarding the grant of a new application
or the renewal of a previously permitted disabled space, the Chief
of Police or his or her designee, in accordance with state and federal
law, including the Americans with Disabilities Act, the Rehabilitation Act, and the Fair Housing Act, shall apply the following criteria:
(1) No more than one disabled parking space shall be issued per household.
(2) The Borough may reject an application for a disability parking permit
if approving the application would fundamentally alter the availability
of non-disabled street parking on the resident's block (Note:
for the purpose of this section a "block" shall be defined as the
street on which the resident lives, measuring 200 feet from the resident's
house in both directions or to the nearest dead end, whichever comes
first). A fundamental alteration can occur when approving the resident's
application would result in more than two parking spaces on the resident's
block being designated as disability parking spots if street parking
is limited to one side of the street, or more than four spots being
designated if street parking is available on both sides of the street,
and the number of dwellings on the block without off-street parking
exceeds the number of non-disability-designated parking spaces available
on the block. In making these determinations, the Borough shall utilize
the Disability Parking Permit Worksheet attached hereto as Exhibit
B.
(3) No permit shall be granted to a resident who has access to on-site,
off-street parking, except where said applicant provides a verified
statement from their treating physician detailing the reasons why
such parking is not accessible to the applicant. Note: the requirement
for a verified medical statement can be satisfied by attaching to
the applicant's application a copy of the approved "person with
disability" registration plate or parking placard application submitted
to the Pennsylvania Department of Transportation (PennDOT) which contains
the health care provider certification required by PennDOT, provided
that any placard application was for a permanent placard and was approved
by PennDOT.
(4) No permit shall be granted if the address of the applicant does not
have a vehicle registered at the address requested, unless the resident
has a persons with disabilities parking placard and relies on third-party
transportation from a caretaker.
(5) All applicants must meet at least one of the following requirements:
(a)
The applicant has an unexpired persons with disability parking
placard, permanent persons with disability parking placard, or a temporary
persons with disability parking placard issued by the Pennsylvania
Department of Transportation;
(b)
The applicant has an unexpired persons with disability registration
plate, persons with disability motorcycle registration plate, disabled
veteran registration plate, or severely disabled veteran registration
plate issued by the Pennsylvania Department of Transportation; and/or
(c)
The person requesting a permit is caring for a person who meets one of the criteria of Subsection
B(5)(a) and/or
(b).
C. In the event the Chief of Police or his or her designee rejects an application or renewal application for a disability parking permit under the provisions of this section, the Chief of Police or his or her designee shall engage in an interactive process with the applicant to determine if an alternative reasonable accommodation is available. In the event the Chief of Police or his or her designee determines that an alternative reasonable accommodation is not available, the Borough will provide the resident with a notice of rejection in accordance with Subsection
D.
D. In the event the Borough rejects an application or renewal for a
disability parking permit or terminates a disability parking permit,
the Borough will provide the resident with a written notice of this
determination. This written notice shall inform the resident: 1) of
the basis for the rejection or termination; and 2) that the resident
may appeal this decision and receive a hearing before the Council
of the Borough of Wilkinsburg to review their application for a disability
parking permit. Where the Council rejects an application on appeal,
the resident will be notified of their right to appeal this decision
in accordance with Pennsylvania Local Agency Law, 2 Pa.C.S.A. § 702.
E. Whenever a resident's PennDot issued parking placard expires, the resident must renew their disability parking permit with the Borough of Wilkinsburg. For residents with a disability registration plate, but no placard, the resident must renew the disability parking permit with the Borough when the disability registration plate expires. In either case, the resident must submit a copy of PennDot's renewal of the plate or placard to the Chief of Police or his or her designee within 60 days following PennDot's approval of said plate or placard. If the renewal is not submitted within 60 days, the Borough may terminate the parking permit and remove the disability parking space, so long as the Borough notifies the resident of the Borough's intent to terminate and remove the parking permit and provides the resident with an opportunity to submit a copy of their PennDot renewal at least 15 days' prior to terminating the disability parking permit. If a copy of the resident's PennDot renewal is not filed with the Chief of Police or his or her designee within said time period, the parking permit shall expire and shall not be valid until the resident submits a new application and receives approval by the Chief of Police or his or her designee. Disability parking permits issued on the basis of a temporary persons with disability parking placard issued by PennDOT are not renewable. All disability parking spaces permitted prior to the effective date of this section shall be allowed to remain as located subject to the approval of an application which must be submitted within 60 days of receiving notice from the Borough of Wilkinsburg following the effective date of this section. In the event the Borough determines that an applicant no longer qualifies under the criteria set forth herein at the time of application the Borough may terminate the disability parking permit and remove the disability parking space. Notice and an opportunity to object to any determination made by the Borough under this section shall be provided to the resident in accordance with the provisions of Subsection
D.
F. Any material misstatement, error, incomplete or misleading representation
in an application, renewal application, or part thereof, which would
make the resident ineligible for a disability parking permit under
the criteria set forth in this section, shall nullify any grant, and
the parking permit may be forfeited and parking space removed.
G. A parking space so designated as being for a person with a disability
or severely disabled veteran will be open to anyone with an appropriate
plate or placard for their vehicle.
H. Severability. If any provision of this section or the application
thereof to any person or circumstances is held invalid, such holding
shall not affect the other provisions or applications of this section
which can be given effect without the invalid provision or application,
and to this end, the provisions of this section are declared severable.
I. All ordinances or parts of ordinances which are inconsistent herewith
are hereby repealed to the extent of such inconsistency.
J. Effective date. This section shall become effective on February 1,
2024.
[Amended 11-18-2015 by Ord. No. 2943]
It shall be unlawful for any person to park
a commercial vehicle, which shall mean any truck the chassis of which
shall exceed 3/4 ton manufacturer's rated capacity, or any trailer
or tractor, upon any street or alley in the Borough, or to allow the
same to remain parked thereon, at any time, except that such commercial
vehicles may be parked during such hours for such reasonable period
as may be required for the prompt loading or unloading and except
for commercial vehicles parked in connection with work at an active
construction site.
[Amended 11-30-1994 by Ord. No. 2473]
Parking shall be prohibited on the streets in
the Borough on such days and at such times as may be established by
resolution of Council. Signs shall be posted designating the days
and hours during which parking is prohibited.
[Added 3-1-2000 by Ord. No. 2628]
No person shall park, stand or stop a vehicle upon any of the streets or parts of streets described in Schedule XXI (§
248-71), attached to and made a part of this chapter, during the hours and days specified in said schedule.