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Borough of Spring Grove, PA
York County
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Table of Contents
Table of Contents
[Added 7-1-2002 by Ord. No. 5-2002]
Words and phrases used in this article shall have, for purposes of this article, the meanings given them in the then current Pennsylvania Motor Vehicle Code (MVC), except in those instances where the context clearly indicates a different meaning. The singular shall include the plural and the masculine shall include the feminine.
Any person desiring to have a handicapped parking space reserved (applicant) on any street within the Borough on which parking is presently permitted shall submit a written request to the Borough office, which shall include the following information:
A. 
The name, address and telephone number of the person making the request.
B. 
The name, address and telephone number of the handicapped person or severely disabled veteran for whom the handicapped parking space is requested, if different from the person making the request.
C. 
The registration number of the handicapped or severely disabled veteran registration plate or placard assigned by the Pennsylvania Department of Transportation (PennDOT) to the person for whom the handicapped parking space is requested.
D. 
A description of the physical impairment and whether a device such as a wheelchair, crutches, or walker is used for the purpose of locomotion.
E. 
The location of the requested handicapped parking space and the name, address and telephone number (if listed in a published telephone directory) of the owners of property within 60 feet of the proposed parking space.
F. 
Any other information requested by the Borough Manager.
G. 
An application fee is hereby established and must be paid to the Borough at the time of submission of the request required by this section. The amount of any such fee shall be set from time to time by resolution of the Spring Grove Borough Council, which may be amended from time to time by resolution. No request pursuant to this article shall be considered until the fee is paid in full.
[Amended 5-5-2003 by Ord. No. 2-2003]
The Borough Manager shall review all requests submitted pursuant to § 375-18 and shall submit to Borough Council a recommendation regarding each request. The Borough Manager shall obtain a traffic and engineering study relating to each such request if required by the MVC or PennDOT regulations. Such recommendations shall be submitted to the Borough Council within 60 days following receipt by the Borough of the request. Borough Council shall consider the request at the next regularly scheduled meeting of Borough Council after submission of the recommendation, and Borough Council shall take whatever action it deems appropriate in its sole discretion.
[Amended 5-5-2003 by Ord. No. 2-2003]
The owners of properties within 60 feet of the proposed parking space shall be notified by the Borough Manager of any request, which notification shall include the date, time and place of the meetings of the Borough Council at which such request may be reviewed.
Borough Council shall consider the following criteria in determining whether to grant a request for a parking space for a handicapped person or severely disabled veteran:
A. 
The person for whom the handicapped parking space is requested shall be a permanent resident of the Borough.
B. 
The applicant shall present evidence establishing that a handicapped or severely disabled veteran registration plate or placard has been issued by PennDOT to the handicapped person or severely disabled veteran for whom the handicapped parking space is being requested.
C. 
No more than one handicapped parking space shall be issued to an individual within the corporate boundaries of the Borough.
D. 
No handicapped parking space shall be provided for the location requested if there exists a reasonably accessible and practicable off-street parking space to serve such location.
E. 
The recommendations of any traffic and engineering study, if required, shall be considered.
F. 
Such other criteria as the Borough Manager or Borough Council deems applicable or appropriate under the particular facts and circumstances of each request.
[Amended 5-5-2003 by Ord. No. 2-2003]
A. 
If the request is granted, a specifically adopted handicapped parking space shall be reserved by resolution duly adopted by Borough Council at the location approved.
B. 
An appropriate sign shall be posted at the approved location, all costs of which sign, including the sign, the post, and any other costs, shall be paid by the applicant. No signs shall be erected by Borough Council until the cost of such sign is received by the Borough.
The parking of any vehicle not lawfully bearing a handicapped or severely disabled veteran registration plate or placard when the vehicle is being operated by or for transportation of a handicapped person or severely disabled veteran shall be prohibited at all times in any handicapped parking space reserved by resolution pursuant to this article, and no parking shall be permitted at any such handicapped parking space by any vehicle other than that for which the handicapped parking space has been reserved.
A. 
The Borough Manager shall review all handicapped parking spaces or areas at least once annually and report to Borough Council whether any person for whom a handicapped parking space has been approved continues to be eligible under the criteria set forth in this article or under any other conditions which may be imposed by Borough Council from time to time.
B. 
In the event that the handicapped person or severely disabled veteran ceases to reside at the location for which the handicapped parking space has been reserved, ceases to have a currently licensed or registered motor vehicle with a current handicapped or severely disabled veteran registration plate or placard, or Borough Council determines pursuant to Subsection A that the applicant is no longer entitled to the handicapped parking space, then Borough Council shall, by resolution, rescind its approval for such handicapped parking space, and the Borough shall remove all signs designating the handicapped parking space.
[Amended 5-5-2003 by Ord. No. 2-2003]
Nothing in this article is intended or shall be construed to limit the Borough from establishing handicapped parking spaces within the Borough in any other manner and at any time Borough Council deems appropriate, to the extent authorized by the MVC or other laws.
A. 
Any person violating any of the provisions of this article shall, upon summary conviction, be sentenced to pay a fine of not less than $50 nor more than $200, plus costs of prosecution. Nothing in this section is intended to limit or prohibit the issuance of citations for violation of the MVC. This section shall be considered in addition to, and not in place of, any violations of the MVC, provided only that the total of all such fines for each violation shall not exceed $600.
B. 
Each citation issued under this section and article shall be considered a separate violation, and separate violations shall not be combined in calculating the total of such violations.
Borough Council specifically authorizes its duly designated Police Department, the Borough Manager, and any other person authorized by Borough Council by motion passed at a public meeting of the Borough Council to enforce this article and to issue citations for violations of this article and to prosecute any such violations pursuant to the terms of this article.
Each section or portion of any section of this article shall be considered a separate provision and shall be independent of all other provisions of this article, and if any section or portion of any section shall be declared to be unconstitutional, invalid, illegal, or unenforceable by any court of competent jurisdiction, such decision shall not affect the validity of any of the remaining sections or parts of this article. It is intended that this article would have been enacted had such unconstitutional, invalid, illegal or unenforceable provision not have been included in this article.