The purpose of this policy is to establish a non-discriminatory procedure when evaluating residential
handicapped parking spaces and to provide the best parking solution for handicapped persons and everyone within the Borough of Danville.
It is the policy of the Borough of Danville to give a legal summary and to establish departmental guidelines of Residential Handicapped parking within the Borough of Danville.
III. Effective ___2009
There are no federal or state laws regulating the issuance of on-street handicapped parking. State law permits, but does not require, local authorities to issue on-street handicapped parking spots.
The Americans with Disabilities Act (“ADA”) nor its regulations govern the issuance of on-street handicapped parking.
There are no regulations regarding size, number or guidance on the issuance of these parking spots.
Pennsylvania’s Vehicle Code permits local authorities to reserve certain areas of on-street parking for disabled residents. However, the applicable provision of the Vehicle Code is permissive and
does not mandate local authorities to issue these on-street handicapped parking spots. The Vehicle Code provides, in relevant part, that:
At the request of a person with a disability or severely disabled veteran, Danville Police Chief or his designee is authorized to designate a parking space near that persons place of residence
with a sign or signs indicating that such parking space is reserved for a person with a disability or a severely disabled veteran, that no parking is allowed thereby others, and that any unauthorized person parking there shall be subject to a fine and may be towed.
The request for designation of such parking space shall be made upon such form or forms and may be designed by the police department for such purpose. The application fee shall be as established by resolution of the Borough.
Chapter 131, Danville Borough Ordinance # 494 Section 28, Subsection 1 through 6), regarding designation of parking spaces for persons with disability.
75 Pa.C.S.A.§3354(d)(2). Furthermore, this provision of the Vehicle Code 75 Pa.C.S.A.§3354(d)(2). does not control the size, number, or otherwise regulate the issuance of these parking spots.
There are no state regulations that further explain or provide additional guidance regarding this provision of the Vehicle Code.
Title II of the ADA, which applies to public entities, is also silent on the issuance of on-street handicapped parking. Title II of the ADA generally provides that “no qualified individual with a disability shall,
by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public entity, or be subjected to discrimination by any such entity.” 42 U.S.C.A. § 12132. A “public entity”
includes “any State or local government” or “any department, agency, special purpose district, or other instrumentality of a State or States or local government 42 U.S.C.A. § 12131(1). The federal regulations implementing Title II do require public streets
and road to contain curb ramps for disabled people. See 28 C.F.R. § 35.151(e)(1) (“Newly constructed or altered streets, roads, and highways must contain curb ramps or other sloped areas at any intersection having curbs or other barriers to entry from a street level pedestrian walkway.”).
However, the regulations implementing Title II do not address reserved, on-street handicapped parking on publicly maintained streets and highways.
Likewise, Title III of the ADA does not regulate the issuance of on-street handicapped parking. The ADA Accessibility Guidelines for Buildings and Facilities (“ADAAG”), which were adopted by the Department of Justice (“DOJ”) as Appendix A to it rules implementing Title III of the ADA,
provides detailed requirements on the number and size of handicapped accessible parking spots. See 28 C.F.R. Part 36, Appendix A. For example, the ADAAG requires that a certain number of handicapped accessible spots be available depending on the total number of spots in the parking lot.
The Department of Transportation (“DOT”) has also issued federal regulations pursuant to Title III governing the requisite number of parking spaces for disabled people. See 36 C.F.R. Part 1191, Appendix B. However, neither the DOJ nor DOT regulations apply to on-street parking.
These regulations were issued pursuant to Title III, which only applies to “places of public accommodation” and do not regulate public entities, such as state or local governments. See 42 U.S.C.A. § 12181; 28 C.F.R. § 104. Moreover, these regulations only apply to parking lots and facilities,
not on-street parking on a publicly maintained street or highway.
On-street handicapped parking spots may only be issued to residents who have applied for and received a “person with a disability” or “severely disabled veteran” license plate and parking placard issued by the Commonwealth of Pennsylvania. See 75 Pa. C.S.A. § 1338; 75 Pa. C.S.A. § 1342.
It is recommended that on-street handicapped parking spaces only be provided if the resident does not have a driveway, garage, or other off-street parking available, or if, due to the resident’s disability, he cannot use his driveway, garage, or other off-street parking.
Finally, a municipality is not required to provide on-street handicapped parking in an area in which parking is not otherwise allowed. See Douris v. Newtown Borough, 2006WL 680930, at *5 (E.D. Pa. Mar. 14,2006) (Nothing in the [ADA], its purpose, or the regulations can reasonably be read
to give disabled parkers access to areas that would not be available to them if they were not disabled. “’).
Painting of blue lines. The Borough of Danville prohibits the painting of blue lines on residential Streets
Persons without vehicles: The Borough of Danville prohibits the application of handicapped spaces from persons without their own transportation.
By Order of:
Eric D. Gill
Chief of Police