[HISTORY: Adopted by the Borough Council
of the Borough of Lehighton 2-9-1987 by Ord. No. 368. Amendments noted where
applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 213.
[Amended 5-22-2006 by Ord. No. 542-2006]
Any person requesting an on-street handicapped
parking space within the Borough of Lehighton shall make application
to the Chief of Police by appropriate form provided by the Police
Department. Any person who proposes to maintain eligibility for existing
handicapped parking spaces beyond December 31, 2006, shall submit
an application to the Chief of Police.
The Chief of Police shall review all applications submitted and shall make a recommendation to the Mayor. The Mayor shall approve or reject all applications utilizing the criteria set forth under § 125-3 of this chapter. Anyone aggrieved by the decision of the Mayor shall have the right to appeal under the Local Agency Act to Borough Council. The Mayor shall include in his monthly report at the regular Borough Council meeting, information as to the handicapped parking space permits upon which action was taken since the prior month's report to the Council. The Chief of Police shall review all handicapped parking spaces or areas at least once annually to determine whether or not the individuals so requesting the handicapped parking space or area continues to be eligible under the criteria hereinafter set forth.
The criteria for the creation of a handicapped
parking space shall be as follows:
A.
The person so requesting the space shall exhibit proof
that he or she has qualified for a handicapped person's license plate
under the regulations issued by the Pennsylvania Department of Transportation.
B.
No more than one handicapped parking space shall be
issued to any one individual within the corporate limits of the Borough
of Lehighton.
C.
No more than one handicapped parking space shall be
provided per dwelling unit within the corporate limits of the Borough
of Lehighton.
D.
No handicapped 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.
E.
The individual requesting the handicapped parking
space shall provide evidence that he or she has physical impairment
such as a loss of use of a lower extremity, cardiopulmunary condition
or other condition which substantially restricts movement or otherwise
requires the use of a wheelchair, crutches, walker or similar devise
for purposes of locomotion.
F.
In considering an application for handicapped parking
space, a report or letter from the applicant's treating physician
may be considered but any such report shall not by itself be considered
conclusive.
G.
No handicapped parking space shall be created unless
it can be demonstrated that the physical condition giving rise to
the request is reasonably expected to continue for a period of no
less than six consecutive months.
H.
In the event there is a material improvement in the
physical condition of the applicant, supported by a report or letter
from the applicant's treating physician, to the extent that the applicant
would no longer qualify under the criteria set forth herein, the handicapped
parking space shall be removed. Likewise the handicapped parking space
shall be removed if there is a change in the circumstances such that
the handicapped parking space shall no longer be appropriate under
the criteria referred to herein.
[Amended 5-22-2006 by Ord. No. 542-2006]
A fee of $150, payable at the time of the notification
of approval of the handicapped parking request, is hereby set. The
fees provided will be used to cover the cost of materials and labor
to establish the parking space.
[Amended 5-22-2006 by Ord. No. 542-2006]
A.
All approved applications shall be subject to an annual
renewal/administrative fee of $10 each year for a nonpersonalized
parking space each year. Said fee is to be paid to the Borough of
Lehighton not later than January 31 of each year. In the event said
fee is not paid by said date, then the existing handicapped parking
space shall terminate and be removed as of January 31 of each year.
B.
Any person who proposes to maintain eligibility for
existing handicapped parking spaces beyond December 31, 2006, shall
submit a renewal application to the Chief of Police. Said application
shall be accompanied by the annual renewal administrative fee of $10
for a nonpersonalized parking space each year.
[Amended 11-7-2008 by Ord. No. 559-2008]
A.
Borough Council, at its discretion, may provide, at
convenient locations within the Borough, reserved parking spaces for
the handicapped and shall designate these spaces by appropriate signs.
B.
It shall be unlawful and a violation of this chapter
for any person to park in any reserved parking space or space designated
as handicapped any vehicle, unless that vehicle bears or displays
either a handicap registration plate, a handicap parking placard,
a disabled veteran registration plate or a disabled veteran placard.
C.
Any person who parks a motor vehicle contrary to this
section shall be guilty of a violation of this section and shall be
sentenced to pay a fine of not less than $50 nor more than $200 plus
costs.
[Amended 1-26-2009 by Ord. No. 567-2009]
Whenever the Mayor or other authorized Borough
representative determines that there are reasonable grounds to believe
that there has been a violation of any provisions of this chapter
or of any regulation adopted pursuant thereto, the Chief of Police
shall give notice to said individual and/or entity of such alleged
violation and/or noncompliance as herein provided. Such notice shall
be in writing and include a statement of the reason for its issuance
and/or revocation of handicapped parking space.
[Amended 8-26-1991 by Ord. No. 413]
Any person and/or entity who fails to comply
with any or all of the request or provisions of this chapter or who
fails or refuses to comply with any notice, order or directive of
the Chief of Police or other authorized representative of the Borough
shall be guilty of a summary offense and, upon conviction, shall pay
a fine to the municipality of not less than $25 nor more than $600,
plus costs of prosecution, and, in default of payment of such fine
and costs, shall be subject to imprisonment in the county jail for
a term not to exceed 30 days.
