[Added 6-15-2020 by Ord.
No. 985]
As used in this article, the following terms shall have the
meanings indicated:
The placard issued by the Pennsylvania Department of Transportation,
Bureau of Motor Vehicles, which is prominently displayed on the right
front dash of a vehicle designating the vehicle in which it is displayed
as being used for the transportation, or use and benefit, of (a) handicapped
person(s).
Any person who is blind; does not have the full use of an
arm or both arms; cannot walk 200 feet without stopping to rest; cannot
walk without the use of, or assistance from, a brace, cane, crutch,
another person, prosthetic device, wheelchair or other assistive device;
is restricted by lung disease to such an extent that the person's
forced (respiratory) expiratory volume for one second, when measured
by spirometry, is less than one liter or the arterial oxygen tension
is less than 60 mm/hg on room air at rest; uses portable oxygen; has
a 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 is severely limited
in his or her ability to walk due to an arthritic, neurological or
orthopedic condition.
A parking space designated by the Council of Mount Oliver
Borough for use by a handicapped person or severely disabled veteran
which is posted with a sign as provided herein.
Any veteran whose service-connected disability is certified
at 100% by the United States Veterans' Administration or who has a
service-connected disability of the type enumerated in the definition
of "handicapped person" above.
The placard issued by the Pennsylvania Department of Transportation,
Bureau of Motor Vehicles, which is prominently displayed on the right
front dash of a vehicle designating the vehicle in which it is displayed
as being used for the transportation of (a) severely disabled veteran(s).
A.
Any handicapped person, severely disabled veteran or parent or person
in loco parentis of a handicapped person on behalf of the handicapped
person may apply to Mount Oliver Borough for a reserved handicapped
parking space by filing an application with the Borough Secretary,
supplying all of the following information:
(1)
Name of handicapped person or severely disabled veteran.
(2)
Date of birth.
(3)
Address.
(4)
Phone number where the applicant can be reached.
(5)
Make and year of vehicle, license plate number, and registration
to the handicapped person or severely disabled veteran by the Pennsylvania
Department of Transportation, Bureau of Motor Vehicles, or the primary
vehicle in which a handicapped person or severely disabled veteran
placard is to be displayed.
(6)
Medical report signed by a physician licensed by the Commonwealth
of Pennsylvania stating the following:
(a)
Nature of the applicant's disability;
(b)
Date of onset of disability;
(c)
Whether said disability is of a permanent or temporary nature
and, if of a temporary nature, anticipated length of convalescence;
(d)
How said disability affects the applicant's ability to be fully
ambulatory; and
(e)
United States Veterans' Administration certification, if applicable.
(7)
Desired location of reserved handicapped parking space.
(8)
Statement that the undersigned verifies that the statements contained
in the application are true and correct; and that the applicant understands
that false statements made therein are subject to penalties of 18
Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
(9)
Signature of the applicant or the parent or person in loco parentis
of the handicapped person.
(10)
Date of the application.
B.
Upon receipt of the application, the Public Works Supervisor shall
conduct an investigation and report to the Mount Oliver Borough Council
the following:
(1)
Number and location of any other reserved handicapped parking space
within two blocks of the applicant's residence;
(2)
Number of other parking spaces available within 500 feet of the applicant's
residence;
(3)
Availability of on-site parking on the applicant's property;
(4)
The effect, if any, which the reserved handicapped parking space
would have as an impediment to the free flow of traffic, snow removal,
fire protection or other access by emergency vehicles; and
(5)
The effect, if any, that the reserved handicapped parking space would
have on the efficient and orderly usage of other nonreserved parking
spaces in the area.
C.
Upon receipt of the application and the report of the Public Works
Supervisor, the Mount Oliver Borough Council shall, in its discretion,
determine the need for and location of the designated reserved handicapped
parking space.
D.
If the Council determines that a reserved handicapped parking space
shall be so designated, the space so designated by the Council shall
be posted with a sign or signs stating the following: "This parking
space is reserved for a handicapped person or severely disabled veteran.
No parking is allowed by others. Any unauthorized person parking here
shall be subject to a fine."
E.
All approved applications are valid for a period of two years from
the date of issuance. The approval may be renewed by filing a renewal
application with the Borough, supplying the following information:
(1)
Name of handicapped person or severely disabled veteran.
(2)
Date of birth.
(3)
Address.
(4)
Phone number where the applicant can be reached.
(5)
Make and year of vehicle, license plate number, and registration
to the handicapped person or severely disabled veteran by the Pennsylvania
Department of Transportation, Bureau of Motor Vehicles, or the primary
vehicle in which a handicapped person or severely disabled veteran
placard is to be displayed.
(6)
Medical report signed by a physician licensed by the Commonwealth
of Pennsylvania stating the following if the applicant's disability
stated on the initial application was of a temporary nature:
(a)
Nature of the applicant's disability.
(b)
Date of onset of disability.
(c)
Whether said disability is of a permanent or temporary nature
and, if of a temporary nature, anticipated length of convalescence.
(d)
How said disability affects the applicant's ability to be fully
ambulatory.
(e)
United States Veterans' Administration certification, if applicable.
(7)
Statement that the undersigned verifies that the statements contained
in the application are true and correct; and that the applicant understands
that false statements made therein are subject to penalties of 18
Pa.C.S.A. § 4904 relating to unsworn falsification to authorities.
(8)
Signature of the applicant or the parent or person in loco parentis
of the handicapped person.
(9)
Date of the application.
The Mount Oliver Borough Council reserves the right to terminate
the designated reserved handicapped parking space for cause shown
after written notice is given to the applicant stating the reason(s)
for the termination and advising the applicant of the right to an
administrative hearing before the Borough Council or a hearing officer
designated by Borough Council, according to the Local Agency Law.[1]
[1]
Editor's Note: See 2 Pa.C.S.A. § 105 et seq.
Any person who parks a vehicle in a designated reserved handicapped parking space as provided herein shall be subject to a fine pursuant to the provisions of § 248-24, unless said motor vehicle is displaying a handicapped license plate tag or a severely disabled veteran license plate tag, or handicapped or severely disabled veteran placard, as is, or may be in the future, issued by the Pennsylvania Department of Transportation, Bureau of Motor Vehicles.
