Borough of Middletown, PA Article IV Handicapped Parking

§ 252-28 Designation of spaces.

Parking spaces for the physically handicapped are hereby recognized and established as special purpose parking spaces, as follows:

A. Existing spaces on present parking lots. The following spaces reserved exclusively for parking by the physically handicapped are identified by signs, bearing the internationally recognized wheelchair emblem, that have been inspected and approved by the Chief of Police as readily visible to and understandable by an ordinarily observant driver and their validity and adequacy is hereby confirmed.

(1) Six spaces northward from entrance to Giant Store.

(2) Four spaces at Frey Village at its four entrances (main, personal care, intermediate care and skilled nursing care).

(3) Two spaces northwestwardly from entrance to Interfaith Apartments.

(4) Two spaces at west end of entrance to Borough Parking Lot.

(5) One space adjacent to front entrance to Hardee's.

(6) One space immediately north of Middletown Swim Club Building entrance.

(7) Two spaces at the northwest corner in the parking lot of the Middletown Municipal Swimming Pool.

[Added 8-7-1989 by Ord. No. 988]

B. Other parking spaces exclusively for the physically handicapped provided at any time pursuant to building code provisions at any time enacted.

[Amended 7-11-2005 by Ord. No. 1194, approved 7-11-2005]

C. On all parking lots, including those antedating the requirements of Subsection B emerging in the building code of Middletown, now or hereafter providing 25 or more parking spaces, for each 25 such spaces, one space shall be reserved exclusively for parking by the physically handicapped, and this requirement is comparable to and extended by analogy to the building code requirement (but postponing an initial requirement of one such space where total parking in lot is up to 25 spaces, pending further study). This Subsection C may be enforced by the same penalties and remedies (hereby made applicable and incorporated herein by reference) applicable to the building code requirement concerning the required number of such spaces in relation to total parking in lot. As under that same building code section, each such reserved space shall be not less than 12 feet wide. As there, each such parking space shall be identified by above-grade signs as reserved for physically handicapped persons. These signs, complying, as the Chief of Police may require, with the reserved parking sign R7-8 detailed in Pennsylvania Code § 211.241,[1] will be a minimum of 12 inches by 12 inches, with green legend and border on white background and with white symbol on blue background, the symbol being the internationally recognized wheelchair symbol. Variations in signs, while grounds for the Chief of Police to order replacement under the public policy declared in 67 Pa. Code § 211.8,[2] shall not inure as a defense to the benefit of persons parking in any such space otherwise than for the special purpose of parking for the physically handicapped.

(1) For cause shown, the Code Enforcement Officer as Building Official may grant a variance or modify the requirements of Subsection C in the spirit of the provisions under Section 315 of the BOCA Building Code for modifications, upon application of the owner or the owner's representative.

(2) The Chief of Police may allow 180 days from the effective date hereof for compliance with Subsection C for identification of the space or spaces advantageous for use of the physically handicapped, for provision of the required twelve-foot width and for installation of the above-grade signs, to avoid unnecessary hardship with respect to existing facilities.

(3) The paving of such parking spaces shall be painted blue, covering the entire area of each such space, and on that blue ground shall be superimposed a white decal, approximately 48 by 36 inches in an overall size, displaying the internationally recognized wheelchair emblem. The purpose of this is to amplify notice (of which the above-grade signs are deemed quite sufficient) that these are special purpose parking spaces for the physically handicapped only. No variation in and no deterioration in or absence of such decal or painting shall inure as a defense to the benefit of persons parking in any such space otherwise than for the special purpose of parking for the physically handicapped. The Borough Manager is authorized, but not required, to initiate a cooperative program for such pavement marking and for future maintenance thereof.

[1] Editor's Note: This section has since been reserved; see now 67 Pa. Code § 212.115.

[2] Editor's Note: This section has since been reserved; see now 67 Pa. Code § 212.101.

D. Any person parking or causing to be parked a nonhandicapped licensed vehicle in any handicapped parking zone located in the Borough shall be ticketed and assessed a fine in accordance with § 252-29 of the Middletown Borough Code.

[Added 3-6-1995 by Ord. No. 1068]

§ 252-29 Violations and penalties.

Any person who violates any provisions of this Article IV shall, upon conviction thereof by a summary proceeding, be sentenced to pay costs in every case and a fine in the amount of $15 and, upon refusal to pay such fine and costs, to undergo imprisonment in Dauphin County Jail for a period not exceeding 10 days.