[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.
