[Adopted at time of adoption of Code (see
Ch. 1, General Provisions, Art. I)]
The article shall be known and may be cited
as the "Handicapped Parking Ordinance."
The following words and terms, when used in
this article, shall have the meanings given to them in this section
unless the context clearly indicates otherwise:
Jefferson Borough, York County, Pennsylvania.
A natural person, corporation, partnership and association.
The Pennsylvania Motor Vehicle Code, 75 Pa.C.S.A. § 101
et seq.
A.
This article shall be the exclusive procedure which
a person who seeks to have a handicapped parking space in the Borough
shall follow unless a county, state or federal regulation or law supersedes
this article.
B.
This article shall govern and regulate all handicapped
parking spaces in the Borough.
C.
To the extent that any other ordinance conflicts with
this article or is inconsistent with the same, it is hereby repealed
and invalidated.
The Borough Council recognizes the importance
and significance of adhering to the Americans with Disabilities Act
and to accommodate those residents within the Borough that, because
of a bona fide handicap, find it necessary to have a designated parking
space available to them.
A.
Any person who wishes to have a parking space designated
as a handicapped parking space shall apply to the Borough and must
meet at least one of the following requirements:
(1)
The applicant is wheelchair-confined.
(2)
The person requesting a permit is caring for a person
who has a severe physical or mental disability.
(3)
The applicant is unable to walk a distance of 50 feet.
(Applicant may be asked to perform this and/or produce documentation
verifying this condition.)
(4)
The applicant has severe cardiopulmonary insufficiency
requiring the use of ambulatory oxygen.
(5)
The applicant requires the use of a prosthetic device
that restricts normal ambulation.
(6)
The applicant has other physical limitations that
the Borough believes are severe enough to warrant a handicapped parking
space.
B.
Proof shall be provided that the applicant resides
within 100 feet of the place where he or she is requesting the handicapped
parking space or spaces be designated.
In the event that Borough Council decides that
it should designate a space or spaces as handicapped, it shall be
designated in one or more of the following manners:
A.
The handicapped parking space and the curb in front
of the handicapped parking space may be painted blue.
B.
The handicapped parking symbol may be painted prominently
inside the space.
C.
The Borough may decide to have a handicapped parking
sign, as provided in the Vehicle Code, and accompanying regulations
erected in the space. The sign shall advise that any person violating
75 Pa.C.S.A. § 3354(d)(2) or (3) may be towed and is guilty
of a summary offense and, upon conviction, may be sentenced to pay
a fine of not less than $50 nor more than $200.
The exclusive method of designating or abandoning
a handicapped parking space in the Borough shall be by resolution.
A handicapped parking space may be abandoned when it is clear that
the person who applied for it no longer meets the requirements for
it.
No person shall park in a designated handicapped
parking space unless a handicap placard is displayed in the window
or on the license plate. Any person parking in a designated handicapped
parking space without displaying a handicap placard or license plate
is violating 75 Pa.C.S.A. § 3354(d)(2) or (3). Any person
violating 75 Pa.C.S.A. § 3354(d)(2) or (3) may be towed
and is guilty of a summary offenses and, upon conviction, be sentenced
to pay a fine of not less than $50 nor more than $200, or such other
fines and costs as shall be provided under the applicable provisions
of the Vehicle Code which may be in effect at the time of the commission
of the offense.
The provisions of this article shall be enforced
by any police officer having authority within Jefferson Borough and
any other individual authorized by law.
