(a) Definitions.
Applicant - A resident (or the parent or guardian of the resident) who files an application for the installation of a handicapped parking space.
Block - The section of a City street identified by the hundreds, for example 0-99, 100-199, 200-299.
City - The City of York, Pennsylvania.
Department - The Pennsylvania Department of Transportation.
Handicapped parking space - A parking space reserved for use by handicapped persons or disabled veterans utilizing vehicles lawfully bearing handicapped registration plates or placards.
Placard - An instrument of notice that is hung from the inside rearview mirror of a vehicle indicating that said vehicle is currently authorized to park in a handicapped parking area.
Resident - One who occupies real estate within a block of a City street and such real estate is used as his/her principal residence.
Traffic Safety Committee - The Traffic Safety Committee organized and existing under the provisions of Article 516. (Ord. 3-2014. Passed 2-4-14.)
(b) Application Process.
(1) Fee. The application for the erection of a permanent or temporary handicapped parking space shall be made available to any City resident or parent or guardian of a City resident.
(2) Application. The application will be designed and developed by the Traffic Safety Committee, but shall include, at a minimum, the identity of the applicant, the address of the applicant, the make, model and license plate number of the applicant’s vehicle (if any), the type of disability, whether the disability is permanent or temporary, whether off-street parking is available immediately adjacent to or on the applicant’s property, the location of the current handicapped parking spaces on the same block where the applicant resides, and a signature section. The application shall also contain a clause informing the applicant that the applicant is required to notify the Traffic Safety Committee immediately if, and when the applicant moves from the address set forth on the application or no longer has a disability or no longer possesses a valid handicapped registration plate or placard. Upon receipt of any application from such handicapped or disabled individual or such person’s parent or guardian, the Traffic Safety Committee may collect other relevant information as the Traffic Safety Committee deems necessary, including medical records evidencing the applicant’s ongoing disability. (Ord. 8-2023. Passed 3-21-23.)
(c) Eligibility.
(1) In general, after acquiring a handicapped or disabled veteran’s registration plate or placard from the Department, any City resident may file an application for the creation of a handicapped parking space upon the block, which the resident resides. The possession of a handicapped or disabled veteran’s registration plate or placard does not guarantee that the resident’s application for a handicapped parking space will be granted.
(2) Statement of disability. All applications for a handicapped parking space must be supported by proof of the applicant’s asserted disability from a medical doctor, doctor of osteopathy, or doctor of podiatry medicine (collectively, “physician”). The physician’s statement must be signed by the applicant’s physician, must not be issued more than six months prior to the date of the application and must specifically set forth the nature of the disability, how the disability limits the applicant’s mobility, and the estimated duration of the applicant’s disability. Notwithstanding the applicant’s provision of a physician’s statement of disability, the Traffic
Safety Committee may require the applicant to provide additional medical records evidencing the applicant’s ongoing disability.
(3) Criteria. In order to provide an adequate number of handicapped parking spaces in a particular block and to preserve adequate parking spaces for all City residents, before the City creates a handicapped parking space, the Traffic Safety Committee must determine that the limitations upon the number and placement of handicapped parking spaces on a particular block set forth in subsection (d) hereof will not be exceeded if the requested handicapped parking space is created, that the applicant has proven that there is no handicapped accessible off-street parking available to the applicant, and that the applicant meets one or more of the following:
A. The applicant is medically required to use portable oxygen;
B. The applicant has limited or no use of one or both legs;
C. The applicant suffers from severe limitation in the ability to walk due to any arthritic, neurological or orthopedic condition or any physical ailment that prevents the applicant from walking 200 feet without stopping to rest;
D. The applicant suffers from a serious 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; or
E. The applicant suffers from any other physical or mental impairment not heretofore mentioned which constitutes a substantial degree of disability and imposes great difficulty on the applicant to walk more than 200 feet without stopping.
(4) Final determination. After collecting all pertinent information, the Traffic Safety Committee will review and investigate all information related to the application. The Traffic Safety Committee may obtain an independent medical review of the applicant’s medical records and asserted disability. The Traffic Safety Committee may approve and authorize the creation of the handicapped parking space and installation of signage in accordance with applicable state laws and regulations, as well as defining the duration of its validity, if the Traffic Safety Committee determines the applicant has met the requirements of this article. In the event the Traffic Safety Committee determines the applicant has not met the requirements of this article, the Traffic Safety Committee shall deny the application and inform the applicant in writing as to the denial and the reason(s) for the denial.
(Ord. 3-2014. Passed 2-4-14.)
(5) If a handicapped parking space is created under this article, the handicapped parking space so created may be used by up to two vehicles designated by the resident on their application and is lawfully bearing registration plates or placards issued to handicapped persons or disabled veterans. This article is adopting provisions set forth in Title 75 Section 3354(d)(2.1) which allows local authorities to limit access to a parking space reserved under paragraph (2) to a specific vehicle, license plate or other method of designation. This subsection shall not limit public use of any handicap parking spaces that are marked by Public Works as “OPEN TO THE PUBLIC”.
(Ord. 8-2023. Passed 3-21-23.)
(6) Other parking regulations. Nothing in this article shall exempt individuals utilizing handicapped parking spaces from other parking restrictions or regulations applicable to the space/block.
(d) Limitation on Number of Handicapped Parking Spaces. The Traffic Safety Committee may not authorize handicapped parking space(s) in excess of the limitations set forth below.
(1) Central Business District. No additional handicapped parking spaces may be granted by the Traffic Safety Committee within the Central Business District, as defined by the Zoning Ordinance of the City. The Director of Public Works may direct the installation of a handicapped parking space within the Central District as he/she deems appropriate.
(2) One-way roadways. When the roadway is a one-way roadway, no more than two handicapped parking spaces may be granted on each side of the block on which parking is permitted.
(3) Two-way roadways. When the roadway is a two-way street, no more than three handicapped parking spaces may be granted on each side of the block on which parking is permitted.
(4) Other parking restrictions. The Traffic Safety Committee 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 handicapped parking spaces to maintain an adequate number of unregulated parking spaces, as they deem appropriate.
(5) Council action. City Council may authorize more than the maximum number of handicapped parking spaces on a particular block by ordinance setting forth the block which is excluded from this limitation and the maximum number of handicapped parking spaces permitted on that particular block. Any such ordinance shall expire and be of no further force and effect after the expiration of two years from the effective date of the amending ordinance, unless reenacted by Council. The Traffic Safety Committee shall notify each applicant on the subject block no more than ninety days and no less than sixty days prior to the expiration of such ordinance.
(6) Existing handicapped parking spaces in excess of the limitations set forth in this section and existing on the effective date of this section shall be permitted to remain in place, subject to the removal after complaint and the annual reporting requirement set forth in this section.
(e) Placement of Signs.
(1) Generally. For a single application for a handicapped parking space, sign placements will be positioned as close as possible to the place of residence of the applicant as the street design permits. In the event more than the permissible number of handicapped parking spaces are requested on a one- or two-way roadway, the handicapped parking spaces may be relocated in the center of the block or otherwise adequately positioned to collectively reflect, as a whole, the needs of all applicants, as determined by the Traffic Safety Committee.
(2) Authority to post. The Department of Public Works Director will direct all postings, sign removal and replacements of handicapped parking spaces in accordance with Department rules and regulations. The Department of Public Works will report the posting or removal of handicapped parking signs and all actions taken upon applications for handicapped parking spaces to the Traffic Safety Committee.
(3) Disputes regarding sign placement. The Traffic Safety Committee shall be responsible for investigating City and citizen complaints regarding the placement of handicapped parking signs. The Traffic Safety Committee shall require all complaints be in writing and shall conduct an investigation of the complaint within ninety calendar days. Upon conducting an investigation, the Traffic Safety Committee shall report the complaint, its investigation and the Traffic Safety Committee’s recommendation to the Mayor. The Mayor shall resolve all complaints in a manner he/she deems just and appropriate, including but not limited to the removal of the handicapped parking space. The complainant, block residents, applicant and City, including the Traffic Safety Committee, shall be entitled to present evidence to the Mayor.
(f) Annual Reporting.
(1) Annual reporting. After approval of the application, the applicant shall submit an annual renewal application. The renewal application shall be designed by the Traffic Safety Committee and require the applicant to verify the continuance of his/her disability. The Traffic Safety Committee shall require an applicant to submit an updated physician’s statement of the applicant’s disability, based on the criteria set forth under the Eligibility and Determination subsection of this section. The Traffic Safety Committee may require the applicant to submit medical records, other than a physician’s statement, which evidences the applicant’s ongoing disability. In January of each year, the Traffic Safety Committee 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 renewal application, including physician’s statement of disability and additional medical records (if such records are requested) by March 15th of that year or the Traffic Safety Committee determines the applicant is no longer eligible for a handicapped parking space, the Traffic Safety Committee shall inform the Director of Public Works that the handicapped parking space should be removed. The Traffic Safety Committee may obtain an independent medical review of applicant’s medical records. The Traffic Safety Committee shall give written notice of his/her determination that the applicant is no longer eligible for a handicapped parking space to the applicant within thirty days of the City’s receipt of the renewal application. The applicant may appeal the determination of the Traffic Safety Committee in accordance with The Eligibility and Determination subsection of this section.
(2) Registration plates and placards. The applicant shall be solely responsible for the cost of any and all state-related applications, filings and documentation required for a placard or registration plate. The placard or registration plate must be displayed while the vehicle is parked in a public designated handicapped parking space.
(g) False Statements. 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 the purpose of obtaining a handicapped parking space. Any person who violates this provision shall, upon conviction thereof, be fined not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000).
(Ord. 38-2005. Passed 9-20-05.)
(h) Penalties for Violation. Whoever violates Section 513.18 by parking in a designated handicapped parking space and does not lawfully bear handicapped registration plates or placards shall be fined not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000) and in default of payment thereof shall be imprisoned not more than ninety days. (Ord. 12-2010. Passed 4-20-10.)