BOROUGH OF MT. OLIVER ORDINANCE NO. 1001  AN ORDINANCE OF THE BOROUGH OF MT. OLIVER AMENDING CHAPTER 248, ARTICLE XI, OF THE BOROUGH CODE OF ORDINANCES, RESERVED, RESIDENTIAL DISABILITY PARKING, TO AUTHORIZE BOROUGH OFFICIALS SO DESIGNATED BY BOROUGH COUNCIL TO APPROVE OR DENY APPLICATIONS FOR RESERVED, RESIDENTIAL DISABILITY PARKING SPACES AND TO MODIFY THE BLIGIBILITY  REQUIREMENTS FOR THE SAME spaces for persons with disabilities; and  WHEREAS, Mt. Oliver) Borough receives resident requests fori reserved residential parking WHEREAS, pursuant to Section 3354 of the Pennsylvania Vehicle Code, 75 Pa.C.S. $ 3354(d)(2), the Borough may establish reserved parking for persons with a disability or severely disabled veterans near the residence of a disabled person or severely disabled veteran; and WHEREAS, the Borough enacted Ordinance No. 985, which created Article XIofChapter 248 of the Mt. Oliver Borough Code of Ordinances, establishing regulations and procedures regardingapplying: for and obtaining reserved disability parking spaces near residences ofdisabled  persons or severely disabled veterans within the Borough; and  WHEREAS, the Borough desires to amend Article XI of Chapter 248, in order to allow Council to authorize a designee who will be responsible for reviewing and deciding applications  for reserved, residential disability parking spaces; and  WHEREAS, the Borough further desires to amend Article XI of Chapter 248, in order to modify the existing cigblityrequirements for receiving a reserved, residential disability parking  space.  NOW, THEREFORE, BE IT ORDAINED AND ENACTED by the Council of the I. The Council of the Borough of Mt. Oliver ordains that Chapter 248, Section 248-69, Definitions, of the Borough Code of Ordinances, is hereby amended to add "Block" as a new, defined term and to revise the definition for "Reserved Handicapped Parking Space," to read as  Borough ofMt. Oliver, as follows:  follows:  BLOCK - The street on which al handicapped person or severely disabled veteran lives, measuring 200 feet from the resident's house in both directions or to the RESERVED HANDICAPPED PARKING SPACE - A parking space designated by the Council ofl Mt. Oliver Borough, the Borough Manager, or other designee of  nearest dead end, whichever comes first.    Council for use by a handicapped person or severely disabled veteran which is II. The Council of the Borough ofMt. Oliver ordains that Chapter 248, Section 248- 70, Application and Renewal, is hereby amended to read in its entirety, as follows: A. Any handicapped person, severely disabled veteran or parent or person in loco parentis of a handicapped person on behalf of the handicapped person may applyt tol Mt. Oliver Borough for ai reserved handicapped parking spacel by filing an application with the Borough Secretary, supplying all of the following  posted with a sign as provided herein.  information:  1.Name ofhandicapped person or severely disabled veteran.  2. Date ofbirth. 3.Address.  4. Phone number where the applicant can be: reached.  5. Make and year of vehicle, license plate number, and registration to the handicapped person or severely disabled veteran by the Pennsylvania Department of' Transportation, Bureau of Motor Vehicles, or the primary vehicle in which al handicapped person or severely disabled veteran placard  is to be displayed. 6. One oft the following:  (a) Medical report signed by a physician licensed by the Commonwealth ofPennsylvania stating the following:  (a) Nature of the handicapped person's or severely  disabled veteran's disability;  (b). Date of onset of disability;  (c) Whether said disability is of a permanent or temporary nature and, if of a temporary nature, anticipated  length ofconvalescence; bei fully ambulatory; and certification, ifa applicable;  (d) How said disability affects the person's ability to (e) United States Veterans' Administration    (b) Documentation to show that the handicapped person or severely disabled veteran has an unexpired Persons with Disability Registration Plate, Persons with Disability Motorcycle Registration Plate, Disabled Veteran Registration Plate, or Severely Disabled Veteran Registration Platei issued byt the Pennsylvania Department of (c) Documentation to show that the handicapped person or severely disabled veteran has an unexpired Persons with Disability Parking Placard, Permanent Persons with Disability Parking Placard, Severely Disabled Veteran Placard, or a Temporary Persons with Disability Parking Placard issued by the Pennsylvania Department of  Transportation; or  Transportation.  7. Desired location ofreserved handicapped parking space.  8. Statement that the undersigned verifies that the statements contained in the application are true and correct; and that the applicant understands that false statements: made therein are subject toj penalties of18Pa.C.S.A. 84 4904 9. Signature of the handicapped person, severely disabled veteran or the parent or person in loco parentis of the handicapped person.  relating to unsworn falsification to authorities.  10. Date oft the application.  B. Upon receipt of the application, the Public Works Supervisor shall conduct an investigation and report to the Mt. Oliver Borough Council, the Borough 1. Number and location of any other reserved handicapped parking space within one (1) block of the handicapped person's or severely disabled 2. Number of other parking spaces available within one (1) block of the handicapped person's or severely disabled veteran's residence; 3. Availability of on-site parking on the handicapped person's or severely 4. The effect, ifany, which the reserved handicapped parking space would have as an impediment to the free flow of traffic, snow removal, fire  Manager, or other designee ofCouncil, the: following:  veteran's residence;  disabled veteran' s property;  protection or other access by emergency vehicles; and    5. The effect, ifany, that thei reserved handicapped parking space would have on the efficient and orderly usage ofc other nonreserved parking spaces in the C. Upon receipt ofthe application and the report of the Public Works Supervisor, the Mt. Oliver Borough Council, the Borough Manager, or other designee of Council shall, in its discretion, determine the need for and location of the designated reserved handicapped parking space, based on thei following criteria: 1. No more than one (1) reserved handicapped parking space shall be 2. The Borough may reject an application for a disability parking permit if approving the application would fundamentally alter the availability of non-disabled street parking on the resident's block. A fundamental alteration can occur when approving the application would result in more than two (2) reserved handicap parking spaces on thel handicapped person's or severely disabled veteran's block if on-street parking is limited to one (1) side of the street, or more than four (4) reserved handicap parking spaces on the handicapped person's or severely disabled veteran's block if on-street parking is available on both sides 3. No application shall be granted if the handicapped person or severely disabled veteran has access to onsite, off-street parking, except where said person provides a verified statement from their treating physician detailing the reasons why such parking is not accessible to the 4. No application shall be granted ifthe address oft thel handicapped person or severely disabled veteran does not have a vehicle registered at such address, unless thel handicapped person or severely disabled veteran has aj persons with disability parking placard or Severely Disabled Veteran Placard and relies on third party transportation from a caretaker. 5. The handicapped person or severely disabled veteran must provide at least one (1) oft the items identified in Section 248-70.A(6) above.  area.  issued per household;  ofthe street.  handicapped person or severely disabled veteran.  D. Ifthe Council, Borough Manager, or other designee ofCouncil determines that ar reserved handicapped parking space shall be SO designated, the space SO designated shall be posted with a sign or signs stating the following: "This parking spacei is reserved: forahandicapped person or severely disabled veteran. No parking is allowed by others. Any unauthorized person parking here shall E. All approved applications are valid for a period of two years from the date of issuance. The approval may bei renewed by filing ai renewal application with the Borough, supplying the information identified in Section 248-70.A,  be subject to a fine."  Subparagraphs (1) through (6) and (8) through (10).    II. Ifany provision ofthis Ordinance is for any reason. held tol bel legallyi invalid, such decision shall not affect remaining portions ofthis Ordinance and they shall remain in: full force and effect, III. In the event of any inconsistency between the provisions of this Ordinance and any prior  and to this end, the provisions oft this Ordinance are hereby declared severable.  Ordinance, the provisions hereof shall be determined to govern. IV.This Ordinance shall be effective immediately upon adoption.  This Ordinance ORDAINED AND ENACTED INTO LAW by the Borough Council oft the Borough of Mount Oliver at a duly assembled public meeting this 19th dayo of  August  2024.  (Signature Page to. Follow)    ATTEST:  BOROUGH OF MOUNT OLIVER By: Takbne-hi  9A4t Borough Manager APPROVED:  President, Borough Council  snlt  Certification ofRecording. This Ordinance recorded ini the Borough Ordinance book on  Auqust ao  20241 by the undersigned.   Borough  964