[Ord. 1827, 6/10/1996, § 2, as amended by Ord.
2135, 4/13/2015]
1.
The Burgess and Town Council of the Borough of Pottstown, at its
discretion, may provide, at convenient and suitable locations, regulated
and nonregulated street parking and reserved spaces for the disabled,
and shall designate those spaces by appropriate signs. Except for
persons parking vehicles lawfully bearing a person with a disability
or a disabled veteran's registration plate or parking placard, no
person shall park a vehicle in any such parking space reserved for
a person with a disability or a disabled veteran. Likewise, it shall
be unlawful for any unauthorized person to utilize a person with a
disability or disabled veteran's registration plate or parking placard.
2.
Additionally, the Borough shall comply with the Americans With Disabilities
Act in regards to the number, size and location of disability parking
spaces created on Borough-owned property and public streets.
[Ord. 1827, 6/10/1996, § 2, as amended by Ord.
2135, 4/13/2015]
1.
The Borough may establish a disability parking space on any public
street having regulated parking. The location of such space shall
be approved by the Chief of Police and Borough Manager. Anyone legally
utilizing a disability parking space where parking is regulated shall
be granted an additional 60 minutes of time beyond the posted time
limit before a violation is deemed to have occurred.
2.
The Borough may also establish a disability parking space on any
public street having nonregulated parking should a qualified individual
submit a formal application to the Borough and satisfy the criteria
set forth in § 1203 below. The designated representative
of the Chief of Police shall review all applications for an on-street
disability parking space and shall make a recommendation to the following
levels of authority who shall approve or reject all such applications:
the Chief of Police, the Borough Manager and the member of the Borough
Council in whose ward the proposed disability parking space is to
be located. Upon approval, the Chief or his designated representative
shall permit the creation of an on-street disability parking space.
3.
In the event the application is denied, the Borough Manager shall
notify the applicant, in writing, of the reasons for denial. The applicant
shall have the right to appeal the denial to the Borough Council within
60 days of the date of notification of the denial. The appeal procedure
shall be governed by the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 551 et seq.
4.
The Chief of Police or his designated representative shall review
all disability parking spaces on any public street having nonregulated
parking annually, to determine whether or not the individual so requesting
the renewal of disability parking space continues to be eligible under
the criteria hereinafter set forth.
[Ord. 1827, 6/10/1996, § 2, as amended by Ord.
2135, 4/13/2015]
1.
An individual applying for a disability parking space shall exhibit
proof that he/she has been issued a disabled person's registration
plate or a disabled veteran's registration plate under the regulations
issued by the Pennsylvania Department of Transportation for the vehicle
indicated on the application.
2.
No more than one disability parking space shall be issued to any
one individual within the corporate limits of the Borough of Pottstown.
3.
No more than one disability parking space shall be provided per individual
dwelling unit within the corporate limits of the Borough of Pottstown.
4.
No disability parking space shall be provided for the location so
requested if there exists a reasonably accessible and practicable
off-street parking space to serve such location on the property of
the location. The term "reasonably accessible and practicable" shall
consider the terrain of the property, including buildings, and the
necessary accommodation of the disabled person. "Off-street" does
not include parking in an alley where all or a portion of a vehicle
must rest in the alley right-of-way or which unreasonably blocks access
to a driveway or garage on the opposite side of the alley.
5.
The individual applying for the disability parking space shall first
demonstrate to the designated representative of the Chief of Police
that either the individual making the application or the person for
whom the applicant is the primary mode of transportation has a physical
impairment to the extent that a disability parking space is warranted.
Such impairments may include, but not be limited to, the loss of use
of a lower extremity or a cardiopulmonary condition which substantially
restricts the movement of the individual or otherwise requires the
use of a wheelchair, crutches, walker or similar device for purposes
of locomotion. The designated representative of the Chief of Police
shall visit the residence of the applicant, or the person for whom
the applicant is the primary mode of transportation, in order to inspect
the property and vehicle and interview the applicant, or the person
for whom the applicant is the primary mode of transportation.
6.
No disability parking space shall be created unless it can be demonstrated
that the physical condition giving rise to the request is reasonably
expected to persist for a period of not less than six consecutive
months.
7.
All applicants who have a disability parking space approved by the
procedures set forth in this Part are required to reapply for renewal
of the space once every year on or before the date of original approval
for the disability parking space. Such reapplication shall be made
to the Chief of Police or his designated representative in order to
demonstrate continued need for the disability parking space. The renewal
application shall be free of cost. For any person having an approved
space who has not made a renewal application as required, every reasonable
effort shall be made to contact that person. Should contact not be
successful after a reasonable amount of time, the Chief of Police
may direct the disability space be removed.
8.
Any individual who has an approved disability parking space must
report any change in his/her disability status or place of residence
within 30 days.
9.
In considering an application for a disability parking space, a report
or letter from the applicant's treating physician may be considered,
but such report shall not by itself be considered conclusive of the
need for a disability parking space.
10.
In the event there is a material improvement in the physical condition
of the applicant to the extent that the applicant would no longer
qualify under the criteria set forth herein, the disability parking
space shall be removed. Likewise, the disability parking space shall
be removed if there is a change in circumstances such that the disability
parking space shall no longer be appropriate under the criteria referred
to herein.
11.
The Chief of Police may, at any time without notice, have a disability
parking sign removed when the privilege is being abused. Any complaint
of such abuse will first be investigated by the Chief of Police, or
his designated representative, who will make a decision in this regard.
12.
The creation of the disability parking space is not a reserved parking
space for the applicant but may be utilized by any vehicle with the
proper disability parking placard or registration plate. In the event
that an individual other than the person for whom the space was approved
begins to utilize the space on a consistent or regular basis simply
because that individual does not want to follow the procedures to
secure his or her own disability parking space, the following action
is authorized: A certified letter shall be sent to the registered
owner of the vehicle advising him or her to cease utilizing the space
and warning that continued use of the space will constitute an illegal
use subject to penalties listed in § 1205, and, additionally,
recommending that such person apply for his or her own disability
space. Should the person fail to positively respond to the letter,
a violation of the provisions of this Part shall be deemed to have
occurred.
[Ord. 1827, 6/10/1996, § 2, as amended by Ord.
2135, 4/13/2015]
All applications for a disability parking space are to be accompanied
by an application fee, which shall be set from time to time by resolution
of Borough Council. The application fee is nonrefundable and is not
included in the costs to create the space. Should the application
be approved, the applicant, as a condition to the creation of that
disability parking space by the erection of the appropriate signs
and the like, shall deposit with the Borough of Pottstown the actual
costs of the materials, plus the labor costs to the Borough, to establish
the disability parking space, which amount shall not exceed $125.
[Ord. 1827, 6/10/1996, § 2]
Any person violating the provisions of this Part is guilty of
a summary offense and shall, upon conviction, be sentenced to pay
a fine of not less than $50, nor more than $200, together with all
costs of prosecution.
