[HISTORY: Adopted by the City Council of the City of Harrisburg 1-25-2005 by Ord. No. 46-2004. Amendments noted where applicable.]
The Council of the City of Harrisburg deems it to be in the interest of the citizens of the City to provide for the establishment of a residential reserved disabled parking permit program to ensure that persons with disabilities and severely disabled veterans residing within the City have access to a parking space in closest proximity to their residence as traffic and parking considerations in their neighborhood will allow. The powers and duties as contained in this chapter are enacted for the maintenance of the public safety and welfare of the citizens of the City and shall be performed by an Administrator who shall be designated by the Mayor (hereinafter "Administrator"). The Administrator may be an individual, bureau or other legal entity.
The Administrator is authorized to adopt rules and regulations necessary for the implementation and administration of this residential disabled parking permit program.
Any City resident who has been issued a person with disability ("PD") or severely disabled veteran ("disabled veteran") license plate, or on whose behalf said license plate has been issued, pursuant to Section 1338 of the Pennsylvania Vehicle Code may submit an application for a residential disabled parking permit to the Administrator on a form provided by him/her. Applications shall be submitted on an annual basis and must contain the identity of the person with a disability or severely disabled veteran, said person's place of residence, the make, model, registration number and license plate number of the vehicle for which the application is filed, and a statement as to whether the applicant drives the identified automobile or is being driven by another identified individual because of the applicant's disability. All applications shall be accompanied by documentation evidencing the issuance of a PD plate or disabled veteran plate. Failure to file a completed application will result in such application being denied.
[Amended 12-30-2010 by Ord. No. 17-2010]
Editor's Note: See 75 Pa.C.S.A. § 1338.
All applications must be accompanied by an annual nonrefundable administrative fee of $15. The annual fee shall be prorated such that applicants who apply for a permit after the eighth month of the permit year shall pay only 1/3 of the total fee for such permit. Failure to include payment of the annual fee with an application will result in denial of the application.
Upon receipt of a complete application and a favorable review of such application by the Administrator, a permit shall be issued only to the owner of a vehicle bearing a PD plate or disabled veteran plate. The permit shall display the motor vehicle's serial number, license number and the expiration date of the permit.
[Amended 12-30-2010 by Ord. No. 17-2010]
Upon the issuance of a permit, the Administrator shall review the number of existing reserved disabled parking signs in the block on which the permit holder resides to determine whether the installation of an additional sign is necessary or possible in consideration of the restrictions provided by this chapter. The issuance of a residential disabled parking permit does not guarantee the installation of a sign in front of the permit holder's residence, nor does the issuance of a permit guarantee or reserve to the permit holder any particular reserved disabled parking space. Upon the issuance of a permit, the Administrator shall notify the permit holder of the location of all reserved disabled parking signs within a one-block radius of his/her residence.
The Administrator is authorized to revoke the residential disabled parking permit of any permit holder found to be in violation of this chapter, and, upon written notification thereof, the permit holder shall surrender such permit to the Administrator. The permit holder's failure to surrender a residential disabled parking permit, when requested to do so by the Administrator, shall constitute a violation of this chapter.
Upon making a determination that there is a need for such in a particular residential area within the City, the Administrator shall submit a request to the City Engineer and/or the Department of Public Works for the installation, removal or relocation of one or more reserved disabled parking signs on the public street or highway in that area. In determining whether installation, removal or relocation of a sign is warranted in a particular area, the Administrator shall take into consideration the number of permit applications received from residents in a particular neighborhood and the number of signs already installed in that area; provided, however, that in any block within the City the number of reserved disabled parking spaces shall not exceed 20% of the total number of on-street parking spaces available in that block.
Any applicant who is aggrieved by a decision of the Administrator regarding the issuance or revocation of a permit or the installation, relocation or removal of a reserved disabled parking sign shall have the right to seek a review in writing of the Administrator's decision by the Chief of Police or his/her designee. All requests for review must be made on the form provided by the Administrator and be received by the Chief of Police or his/her designee within 20 days of the date of the decision of which a review is being sought. In reviewing the Administrator's decision the Chief of Police or his/her designee shall consult with all necessary persons, including but not limited to the applicant, the City's Affirmative Action Officer, residents of the affected area or representatives of the disabled community.
Notwithstanding any provision of this chapter to the contrary, the holder of a residential disabled parking permit shall be permitted to stand or park a motor vehicle operated by him/her or on his/her behalf in any residential parking space designated as reserved disabled parking. While a vehicle for which a residential disabled parking permit has been issued is so parked, such permit shall be displayed so as to be clearly visible through the windshield of the vehicle. A residential disabled parking permit shall not exempt the holder from the observance of any other traffic or parking regulation within the City.
No person other than the permit holder named thereon shall use a residential disabled parking permit or display it on any vehicle, nor shall any permit holder display his/her residential disabled parking permit on any vehicle other than the vehicle for which the permit has been issued. Any such use or display shall constitute a violation of this chapter by the permit holder and/or by the person who so used or displayed the permit.
[Amended 4-9-2013 by Ord. No. 3-2013]
It shall constitute a violation of this chapter for any person to falsely represent himself or herself as eligible for a residential disabled parking permit or to furnish any false information in an application to the Administrator in order to obtain a residential disabled parking permit.
Upon any change in circumstance or physical condition of a permit holder that would make the permit holder no longer eligible for a residential disabled parking permit, the permit holder shall immediately report any such change and surrender his/her permit to the Administrator. The permit holder's failure to surrender a residential disabled parking permit within 30 days of the occurrence of any such change in circumstance or physical condition shall constitute a violation of this chapter.
Any of the fees imposed by the provisions of this chapter may be reduced or waived by the Administrator upon proof of indigence being submitted by the applicant.
[Added 11-12-2014 by Ord. No. 13-2014]
Chapter 3-141 shall be deemed to authorize and empower authorized agents of the City to enforce parking regulations consistent with this chapter and the Traffic Code, in accordance with such provisions or as otherwise authorized by law.
Nothing in Chapter 3-141 shall be deemed to impede the police powers of the City.
Except as otherwise provided herein, whoever violates any provision of this chapter shall, upon conviction thereof, be guilty of a summary offense and subject to the general code penalty, § 1-301.99 of these Codified Ordinances.
[Amended 4-9-2013 by Ord. No. 3-2013]
No vehicle shall be parked in a space that has been posted as reserved pursuant to the provisions of this chapter except a vehicle bearing a disabled licence plate and displaying a permit issued pursuant to the provisions of this chapter. Whoever parks a vehicle in violation of any provision of this chapter will be subject to towing at the expense of the vehicle owner and, upon conviction thereof, is guilty of a summary offense and shall pay to the City an unlawful parking charge of no less than $50 and no more than $200.