(A) (1) At the request of any handicapped person, the Borough Council shall, by motion, upon written request of such handicapped person, approve the establishment of a handicapped parking space on any street within the borough as close as possible to such person’s place of residence, subject to the following restrictions.
(2) A HANDICAPPED PERSON is anyone who:
(a) Cannot walk without use of, or assistance from, a brace, cane, crutch, another person, prosthetic device, wheelchair or other assistive device;
(b) Is restricted by lung disease to such an extent that the person’s forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg an room air at rest;
(c) Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV according to the standards set by the American Heart Association;
(d) Is severely limited in his or her ability to walk due to an arthritic, neurological of orthopedic condition; and
(e) Is a person in loco parentis to a person specified in divisions (A)(2)(a) through (A)(2)(d) above.
(B) To qualify for the establishment of a handicapped parking space, the person requesting the same shall hold and exhibit to the borough a current handicapped registration plate or placard issued by the Commonwealth pursuant to 75 Pa.C.S.A. § 1338 for the motor vehicle proposed to be parked in such space. In addition, such person shall also submit to the borough a physician’s statement in writing, dated not less than 30 days prior to the request, certifying that the handicapped person qualifies as such pursuant to the standards set forth in division (A) above.
(C) (1) Upon the establishment of a handicapped parking space, the borough shall erect, or cause to be erected, a sign or signs identifying such space and may erect a sign indicating the registration plate or placard number assigned to such space.
(2) It shall be unlawful for any person other than the person for whom the parking space was established to park a motor vehicle in such space, and where the registration plate or placard number is assigned. It shall be unlawful for any person other than the person in possession of the corresponding registration plate or placard to park a motor vehicle in such place.
(D) Only one parking space shall be permitted for each family dwelling.
(E) A handicapped parking space shall not be approved if off-street parking is available.
(F) Any person violating division (C) above shall, upon summary conviction thereof by a district justice, be sentenced to pay a fine or penalty as provided by 75 Pa.C.S.A. § 3354(f).
(G) When the reason for having established a handicapped parking space shall no longer exists by reason of the handicapped person:
(1) Having moved from the residence for which it was established;
(2) Having ceased to be handicapped; or
(3) Having died, then such parking space shall cease to exist and the sign shall be removed.
(2006 Code, § 15-411) (Ord. 88-1, passed 2-1-1988; Ord. 94-09, passed 11-7-1994, Art. I; Ord. 2018-01, passed 7-1-2018; Ord. 2023-03, passed 6-13-2023) Penalty, see § 72.99