[Adopted 6-6-1994 as Ord. No. 1994-5]
As used in this Article, the following terms
shall have the meanings indicated:
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.
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.
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.
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.Â
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.