[Adopted 9-4-2018 by Ord.
No. 1354]
Unless otherwise expressly stated, the following words and phrases
shall be construed throughout this article to have the following meanings:
A property owner (or the parent or guardian of the resident)
who files an application for the installation of an unreserved handicapped
parking space.
The section of a Borough street identified by the hundreds,
for example 0-99, 100-199, 200-299.
The Borough of Middletown.
The Pennsylvania Department of Transportation.
One who occupies real estate within a block of a Borough
street and such real estate is used as his/her principal residence.
A parking space dedicated for use by handicapped persons
or disabled veterans utilizing vehicles lawfully bearing handicapped
or disabled veteran registration plates or permanent placards.
A.
The application for the installation of an unreserved HP space shall
be made available to any resident who is an owner of property in the
Borough. Application fees shall be set by Borough resolution.
B.
Application. The application will be designed and developed by the
Borough, but shall require, at a minimum, the identity of the applicant,
the address of the applicant, the type of disability per the eligibility
requirements and reasons defined by the Department, whether handicapped
accessible off-street parking is available immediately adjacent to
or on the applicant's property, the location of the current unreserved
HP spaces on the same block where the applicant resides, proof of
a valid unexpired handicapped or disabled veteran registration plate
or permanent placard issued by the Department, an appropriate waiver
of applicable privacy laws prepared by the Borough Solicitor, and
a signature section. The application shall also contain a clause informing
the applicant that the applicant is required to notify the Borough
immediately if and when the applicant moves from the address set forth
on the application or no longer has a disability or possesses a valid
handicapped registration plate or permanent placard. Upon the receipt
of any application from such handicapped or disabled individual or
such person's parent or guardian, the Borough may collect other relevant
information as the Borough deems necessary to process the application.
A.
In general. After acquiring a handicapped or disabled veteran's registration
plate or permanent placard from the Department, any Borough property
owner may file an application for the creation of an unreserved HP
space in front of the property where the resident resides. The possession
of a handicapped or disabled veteran's registration plate or permanent
placard does not guarantee that the resident's application for an
unreserved HP space will be granted. (Disabled parking permits and/or
temporary placards do not satisfy this requirement.)
B.
Criteria. In order to provide an adequate number of unreserved HP
spaces in a particular block and to preserve adequate parking spaces
for all Borough residents, before the Borough creates an unreserved
HP space, the Borough must determine that the limitations upon the
number and placement of unreserved HP spaces on a particular block
will not be exceeded if the requested unreserved HP space is created,
that the applicant has proven that there is no handicapped accessible
off-street parking available to the applicant that the applicant should
reasonably be able to use given applicant's disability, that the applicant
possesses a handicapped or disabled veteran's registration plate or
permanent placard, and there is sufficient length of on-street parking
available inside the frontage boundary of the applicant's property
or written approval to encroach on the frontage of the neighboring
property has been provided.
C.
Final determination. After collecting all pertinent information,
the Borough will review and investigate all information related to
the application. The Borough may approve and authorize the creation
of the unreserved HP space and installation signage in accordance
with applicable state laws and regulations, as well as defining the
duration of its validity, if Borough Council determines the applicant
has met the requirements of this article. In the event Borough Council
determines the applicant has not met the requirements of this article,
Borough Council shall deny the application and inform the applicant
in writing as to the denial and the reason(s) for the denial. Borough
Council's decision shall be final.
D.
Nonexclusive right. If an unreserved HP space is created under this
article, the unreserved HP space created may be used by any person
parking a vehicle lawfully bearing registration plates or a permanent
placard issued to handicapped persons or disabled veterans. This article
shall not be construed as granting the applicant the exclusive right
to park his/her vehicle in the unreserved HP space created hereunder.
E.
Other parking regulations. Nothing in this article shall exempt individuals
utilizing unreserved HP spaces from other parking restrictions applicable
to the space/block.
Borough Council may not authorize unreserved HP space(s) in
excess of the limitations set forth below:
A.
Roadways. The maximum number of unreserved HP spaces is two per one
length of block, whether the street is one-way traffic or two-way
traffic on streets where parking is permitted.
B.
Other parking restrictions. Borough Council may consider other parking
restrictions applicable to a particular block and other information
regarding the block including but not limited to the size of the block,
and may further restrict the number of unreserved HP spaces to maintain
an adequate number of unregulated parking spaces, as they deem appropriate.
A.
Generally. For a single application for an unreserved HP space, sign
placements will be positioned in front of the applicant's property.
If the applicant does not have adequate frontage, the applicant shall
be required to supply written approval to encroach on neighboring
property.
B.
Authority to post. The Borough of Middletown Public Works Director
shall direct all postings, sign removals and replacements of unreserved
HP spaces in accordance with Department rules and regulations. The
Public Works Director will report the posting or removal of handicapped
parking signs and all actions taken upon applications for unreserved
HP spaces to the Borough Council at the next scheduled workshop meeting.
C.
Disputes regarding sign placement. The Code Enforcement Office shall
be responsible for investigating Borough and resident complaints regarding
the placement of handicapped parking signs. The Code Enforcement Officer
shall require all complaints be in writing and shall conduct an investigation
of the complaint within 90 calendar days. Upon conducting an investigation,
the Code Enforcement Officer shall report the complaint, its investigation,
and the Code Enforcement Officer's recommendation to Borough Council.
Borough Council shall resolve all complaints in a manner it deems
just and appropriate, including but not limited to the removal of
the unreserved HP space. The complainant, block residents, applicant
and Borough, including the Code Enforcement Officer, shall be entitled
to present evidence to the Borough Council. Strict rules of evidence
shall not apply, but Borough Council may limit or prohibit irrelevant,
repetitive and/or hearsay testimony. The Code Enforcement Officer
shall inform the complainant, applicant, and interested parties of
Borough Council's action upon the complaint.
A.
Annual renewal and reporting. After approval of the application,
the applicant shall submit an application annually along with a renewal
fee which shall be set by Borough resolution. The renewal application
shall require the applicant to verify the continuance of his/her disability.
In January of each year, the Borough Secretary shall mail (via regular
first-class mail) each applicant (and applicants under prior rules
and regulations) the renewal application referenced herein. If the
applicant fails to submit the application for renewal by March 15
of that year or the Borough Council determines the applicant is no
longer eligible for an unreserved HP space, the Borough Council shall
inform the Director of Public Works that the unreserved HP space should
be removed. The Borough Manager shall give written notice of the Borough
Council determination that the applicant is no longer eligible for
an unreserved HP space to the applicant within 30 days of the Borough's
receipt of the renewal application.
B.
Registration plates and permanent placards. The applicant shall be
solely responsible for the cost of any and all state-regulated applications,
filings, and documentation required for a handicapped and/or disabled
veteran's registration plate or permanent placard. The registration
plate or permanent placard must be conspicuously displayed while the
vehicle is parked in a public unreserved HP space.
Handicapped parking spaces existing in the Borough on the effective
date of this article shall be permitted to remain in place subject
to the annual renewal and reporting requirements set forth herein
and shall be added to the Borough's list of HP spaces.
It shall be unlawful for any person to knowingly and willfully,
with the intent to deceive, make a false statement to any public official
for purposes of obtaining an unreserved HP space.
The Borough Manager or his or her designee shall create and
maintain a list of all unreserved HP spaces authorized throughout
the Borough and shall update said list as often as may be necessary
to add newly authorized spaces and to remove ineligible or unauthorized
spaces.
Any person who violates this provision shall, upon conviction
thereof, be fined not less than $500 nor more than $1,000 plus costs
of prosecution. Each day during which a violation occurs shall constitute
a separate offense. This section does not limit or prohibit citation
for violations of laws and regulations enacted by the Department under
the Vehicle Code.
All prior ordinances or parts of ordinances or resolutions or
policies that are inconsistent herewith shall be and the same expressly
are repealed.
