Municipality of Kingston, PA
Luzerne County
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Table of Contents
Table of Contents
[Adopted 6-6-1994 as Ord. No. 1994-5]
As used in this Article, the following terms shall have the meanings indicated:
HANDICAPPED PARKING PERMIT
An emblem or permit issued by the Municipality of Kingston in the exercise of its discretion, as a revocable license, to a handicapped person upon payment of the fees and charges herein ordained, taking into account the location of the handicapped parking space, traffic ordinance of the Municipality of Kingston, provisions of the Pennsylvania Motor Vehicle Code, or any emergency or other traffic regulation presently or hereafter promulgated by the municipality.
HANDICAPPED PERSON
A person who shall qualify for the issuance of a handicapped motor vehicle registration plate or placard by the Commonwealth of Pennsylvania, in accordance with the provisions of Section 1338 of the Pennsylvania Motor Vehicle Code,[1] as presently in effect or hereafter amended.
MOTOR VEHICLE
A motor vehicle owned by the handicapped person or a family member residing with or at the residence of the handicapped person within the municipality, and for which a handicapped motor vehicle registration plate or placard has been issued by the Pennsylvania Department of Transportation, Bureau of Motor Vehicles.
PARKING SPACE
Such space as the municipality may determine, from time to time, is reasonably required for the parking of a vehicle permitted by this Article, in order to accomplish the objective thereof, and which shall be nonexclusive, as hereinafter ordained.
[1]
Editor's Note: See 75 Pa. C.S.A. § 1338.
A. 
A handicapped person, as hereinbefore defined, may apply, in writing, to the Municipality for the issuance of a handicapped parking permit, in accordance with the provisions of this article, for which, if issued, the applicant shall pay to the municipality upon issuance a fee of $75. The initial application fee shall cover the cost of signs to be supplied and installed by the Municipality designating a parking area as a handicapped parking area.
[Amended 3-6-2006 by Ord. No. 2006-1]
B. 
No permit shall be granted to any municipal resident who shall have available any off-street parking or a driveway serving the residence of any such resident.
C. 
Only one permit shall be issued to a resident or family unit residing at a specific address, and such permit, which shall be a revocable license, shall be issued only to the disabled applicant.
D. 
Any permit issued pursuant to the terms and provisions of this Article shall be nontransferrable, subject to all present and future Pennsylvania Motor Vehicle Code, municipal traffic and street cleaning and snow removal regulations and ordinances of the Municipality of Kingston.
E. 
The handicapped parking spaces provided pursuant to the terms and provisions of this Article shall be nonexclusive; and the holder of a permit therefor may not exclude or prohibit parking in such space by another vehicle to which a handicapped motor vehicle registration plate or placard has been issued by the Pennsylvania Department of Transportation, Bureau of Motor Vehicles.
F. 
On or before January 31 of each year, the holder of a handicapped parking permit shall recertify his or her need and eligibility for said permit on a form to be supplied by the Municipality.
[Added 3-6-2006 by Ord. No. 2006-1]
G. 
Within 30 days after the death of a person to whom a handicapped parking permit has been issued, the personal representative of the deceased shall inform the Municipality of Kingston of the death. If there is no personal representative, the spouse or, if tree is no spouse, the next of kin of the deceased shall inform the Municipality of the death. Upon receipt of the notification, the handicapped parking sign shall be removed by the Municipality of Kingston at the Municipality's expense.
[Added 3-6-2006 by Ord. No. 2006-1]
A. 
Any person to whom a handicapped parking permit has been issued pursuant to the terms and provisions of this Article and who shall violate any of the terms and provisions hereof shall be subject to revocation of the permit so issued and the removal of handicapped parking signs installed by the municipality designating the permitted area as a handicapped parking area for the applicant.
B. 
Any person not possessing a handicapped placard or a handicapped registration plate issued by the Commonwealth of Pennsylvania Department of Transportation who shall park in or occupy a handicapped parking space designated and established by this Article shall, upon conviction of such violation, be subject to a fine of not more than $50.
C. 
Any person not possessing a handicapped placard or a handicapped registration plate issued by the Commonwealth of Pennsylvania Department of Transportation who shall park in or occupy a handicapped parking space designated and established by this Article shall be summarily subject to the removal of any vehicle or object so parked in such place by the Municipality of Kingston's Police Department, acting through its designated vehicle tower, in order to protect the health, welfare and safety of the handicapped person to whom a handicapped parking permit has been issued; and all costs incurred in the removal of any such vehicle or object shall be at the cost of the owner thereof.