(1) Definitions.
(a) Physically Handicapped Person. Any person who is eligible to receive a handicapped plate or handicapped parking placard as defined in Section 1338 of the Vehicle Code, 75 Pa. C.S. § 1338, or any subsequent amendment thereto.
(b) Severely-Disabled Veteran. Any veteran who is eligible to receive a severely-disabled veteran plate or severely-disabled veteran placard as defined in Section 1342 of the Vehicle Code, 75 Pa. C.S. § 1342, or any subsequent amendment thereto.
(c) Handicapped Plate. As defined in Section 1338(a) of the Vehicle Code, 75 Pa. C.S. § 1338(a), or any subsequent amendment thereto.
(d) Handicapped Parking Placard. As defined in Section 1338(b) of the Vehicle Code, 75 Pa. C.S. § 1338(b), or any subsequent amendment thereto.
(e) Severely-Disabled Veteran Plate. As defined in Section 1342(a) of the Vehicle Code, 75 Pa. C.S. § 1342(a), or any subsequent amendment thereto.
(f) Severely-Disabled Veteran Placard. As defined in Section 1342(b) of the Vehicle Code, 75 Pa. C.S. § 1342(b), or any subsequent amendment thereto.
(g) Disabled Veteran Plate. As defined in Section 1342(c) of the Vehicle Code, 75 Pa. C.S. § 1342(c), or any subsequent amendment thereto.
(h) Disabled Veteran. Any veteran who is eligible to receive a disabled veteran plate.
(i) Disabled Parking Permit. A Handicapped Plate, Handicapped Parking Placard, Severely-Disabled Veteran Plate or Severely-Disabled Veteran Placard. 132
(j) Disabled Person. A Physically Handicapped Person or Severely-Disabled Veteran. 133
(k) Handicapped Parking Space. A parking space reserved for physically handicapped persons and severely-disabled veterans, including any parking space in a public garage or public parking lot that is identified as an accessible parking space. 134
(2) Exemption for physically handicapped persons and disabled or severely-disabled veterans from parking time limits and parking meter fees. 135
(a) When a motor vehicle bearing a handicapped plate, a handicapped parking placard, a severely- disabled veteran's plate, or a severely-disabled veteran placard is being operated by or for the transportation of a physically handicapped person or a severely-disabled veteran, the driver shall be entitled to park for a period of sixty (60) minutes in excess of the maximum time limit and without payment of any parking meter fees during that sixty (60) minute period on streets where parking is limited but not prohibited by ordinance or by the Vehicle Code. Such motor vehicles shall comply with all parking prohibitions.
(b) When a motor vehicle that is identifiable as a wheelchair lift-equipped van is being operated by or for the transportation of a physically disabled person or a severely disable veteran, the driver shall be entitled to park without limitation as to time and without payment of any parking meter fees on streets where parking is limited but not prohibited by ordinance of by the Vehicle Code. Such motor vehicles shall comply with all parking prohibitions.
(3) Reserved on-street parking for physically handicapped persons and severely-disabled veterans; reserved on-street accessible parking spaces. 136
(a) After an investigation determining need has been performed through the Department of Health with the information set forth in (3)(b) and approved by the Department of Streets for practicality and feasibility of traffic operations, the Department of Streets may designate reserved on-street parking for the physically handicapped and severely-disabled veterans.
(b) When applying for an on-street parking space for the exclusive use by handicapped persons or severely-disabled veterans, at least the following information shall be supplied by the applicant to the City and, in part, shall be used as criteria for determining the appropriate location for a handicapped parking space:
(.1) the nature and use of adjacent buildings;
(.2) the availability and proximity of off-street parking;
(.3) any other information which the Department of Streets and/or the Department of Health may require.
(c) When a motor vehicle bearing a handicapped plate, a handicapped parking placard, a severely- disabled veteran plate or a severely-disabled veteran placard is being operated by or for the transportation of a physically handicapped person or severely-disabled veteran, the driver shall be permitted to park without limitation as to time in any reserved on-street parking space for physically handicapped persons and severely-disabled veterans.
(d) Reserved on-street parking spaces shall be located as close as practicable to educational institutions, government buildings, hospitals, medical centers, cultural institutions and recreational facilities. Reserved on-street parking in residential areas shall be provided for under Section 3354(d) of the Vehicle Code, 75 Pa. C.S. § 3354(d), or any subsequent amendment thereto.
(e) Reserved on-street parking spaces shall not be provided at any other location where parking is prohibited by ordinance or by the Vehicle Code.
(f) On each side of each hundred block on which there is metered parking, one reserved accessible parking space shall be located as close as possible to an accessible curb ramp, marked by signs at both ends of the space showing the symbol of accessibility. Parking at each accessible space shall be regulated by a parking meter which has no moving parts, handles or thumb slides. No vehicle may park at any such space except a motor vehicle bearing a handicapped plate, a handicapped parking placard, a severely-disabled veteran's plate, or a severely- disabled veteran placard and which is being operated by or for the transportation of a physically handicapped person or a severely-disabled veteran. Drivers of such vehicles shall be entitled to park in an accessible space for a period of sixty (60) minutes in excess of the maximum time limit and without payment of any parking meter fees during that sixty (60) minute period. Such motor vehicles shall comply with all parking prohibitions, including, but not limited to, snow emergency, street cleaning or resident parking. 137
(4) Eligibility requirements for special parking privileges.
(a) Handicapped and severely-disabled veterans' plates and parking placards shall be prominently displayed on the motor vehicle.
(b) No person shall park a vehicle in a Handicapped Parking Space unless that vehicle lawfully bears a Disabled Parking Permit and is being driven by or being used to transport a Disabled Person. 138
(.2) A person who parks a vehicle in a Handicapped Parking Space shall be subject to the enhanced penalties set forth in Section 12-2809 for fraudulently parking in a Handicapped Parking Space if the vehicle bears a Disabled Parking Permit but is not being driven by or used to transport a Disabled Person. 140
(c) No person shall drive or park a vehicle that displays a replica or counterfeit copy of a Disabled Parking Permit, or any document, plate or placard that bears a sufficient likeness to a Disabled Parking Permit as to be capable of or with the intent of deceiving a member of the public or an enforcement officer. 141
(5) Administrative provisions.
(a) Any handicapped person or severely-disabled veteran as defined in subsections 12-1117(1)(a) and (b) may request that an investigation be conducted to determine the need for a parking space for a handicapped person or severely-disabled veteran. An application shall be submitted to the Department of Health and to the Department of Streets.
(b) After an investigation has been completed by the Department of Health and approved by the Department of Streets with regard to practicality and feasibility of traffic operations, the Department of Streets shall install a sign or signs indicating that an on-street parking space is reserved for the exclusive use of handicapped persons or severely-disabled veterans, that no parking is allowed there by others, and that any unauthorized person parking in a reserved space is subject to the penalty provided for in this Section.
(c) The Department of Streets may promulgate such rules and regulations which are necessary or desirable to effectuate the purpose of this Section.
(d) The Police Department, in its discretion, may limit or temporarily suspend any of the parking privileges specified in this Section to cover emergencies or special events and may impose any other restriction deemed necessary in the interest of traffic safety and traffic control.
(6) Penalty. Any person violating subsection 12-1117(3), (4) or (5) shall be liable for payment of fines, costs and additional fees prescribed and assessed in accordance with the provisions of Chapter 12-2800 of this Title. 142
Notes
| 131 | Former Section repealed and new Section added, 1982 Ordinances, p. 1906; amended, 1988 Ordinances, p. 899. |
| 132 | Added, Bill No. 080149 (approved November 19, 2008). |
| 133 | Added, Bill No. 080149 (approved November 19, 2008). |
| 134 | Added, Bill No. 080149 (approved November 19, 2008). |
| 135 | Amended, Bill No. 000358 (approved January 23, 2001). |
| 136 | Amended, Bill No. 000358 (approved January 23, 2001). |
| 137 | |
| 138 | Amended, Bill No. 000359 (approved January 23, 2001). Section 3 of Bill No. 000359 reads as follows: "Effective dates. Section 1 of this Ordinance shall take effect with respect to the issuance or renewal of public garage and public parking lot licenses for periods beginning on and after January 1, 2001. Section 2 of this Ordinance shall take effect immediately." Amended, Bill No. 080149 (approved November 19, 2008). |
| 139 | Added, Bill No. 080149 (approved November 19, 2008). |
| 140 | Added, Bill No. 080149 (approved November 19, 2008). |
| 141 | Added, Bill No. 080149 (approved November 19, 2008). |
| 142 | Amended, 1989 Ordinances, p. 72. |