§ 94-101. Parking and access for the disabled.

(a)

The owner of each property or building constructed or modified in the city which provides or is required to provide vehicle parking spaces shall provide parking spaces or a parking area for the exclusive use of vehicles transporting temporarily or permanently disabled persons according to the following formula:

Total number of parking spaces available at property or building	Number of spaces required for exclusive use of disabled persons
10— 25	1
26— 50	2
51— 75	3
76—100	4
Over 100	5 percent of total number of spaces available

 

(b)

The owner of property required to designate one or more parking spaces for the exclusive use of vehicles transporting temporarily or permanently disabled persons shall comply with the sign and dimension requirements for the parking spaces by conforming to the rules promulgated by the state purchasing and general services commission under Vernon's Ann. Civ. St. art. 9102, architectural barriers of the State Purchasing and General Services Act.

(c)

A property owner who is not required by this section to designate parking spaces for the disabled may voluntarily designate parking spaces for the exclusive use of temporarily or permanently disabled persons by conforming with the sign and dimensional requirements set out in subsection (b) of this section.

(d)

A property owner may designate an access or curb ramp or other architectural improvement designed to aid the disabled which meets the dimensional requirements and the sign requirements of Vernon's Ann. Civ. St. art. 9102, architectural barriers of the State Purchasing and General Services Act.

(e)

No vehicle may be parked in a parking space designated as required in this section for the exclusive use of vehicles transporting temporarily or permanently disabled persons unless the vehicle is properly identified by license plate or official identification card issued by the state department of highways and public transportation pursuant to Vernon's Ann. Civ. St. art. 6675a-5e.1.

(f)

Any vehicle upon which such license plate or identification card is properly affixed, when being operated by or for the transportation of a disabled person, shall be allowed to park in any space or parking area designated specifically for the handicapped as provided in this section.

(g)

A peace officer or a person designated by the city to enforce parking or a security officer commissioned under the Private Investigators and Private Security Agencies Act, Vernon's Ann. Civ. St. art. 4413(29bb), and employed by the owner of the property may file charges against a person who commits an offense under this section by unlawfully parking in a space or parking area or blocking an access or curb ramp which has been designated pursuant to this section for the exclusive use of temporarily or permanently disabled persons.

(h)

Any vehicle parked in violation of this section may be towed from the handicapped parking space or area or from a ramp or other architectural improvement designed to aid the disabled at the expense of the owner of such vehicle, and such vehicle may be impounded until all towing and storage charges are paid and, if such vehicle is not claimed, may be disposed of in compliance with law as an abandoned vehicle.

(i)

It shall be unlawful and a violation of this section for any person:

(1)

Who is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person to park a vehicle with such special license plates or displaying a temporarily disabled person identification card in any parking space or parking area specifically for the disabled.

(2)

To park a vehicle neither displaying a special license plate nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the disabled.

(3)

To park a vehicle so that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the disabled.

(4)

To fail to provide the required number of parking spaces for the exclusive use of vehicles transporting temporarily or permanently disabled persons.

(5)

To fail to comply with the sign and dimension requirements for the parking spaces designated for the exclusive use of vehicles transporting temporarily or permanently disabled persons.

(j)

In any prosecution of an offense designated in subsection (i)(1), (i)(2) or (i)(3) of this section, it is presumed that the registered owner of the motor vehicle that is the subject of the prosecution is the person who parked the vehicle at the time and place the offense occurred. This presumption may only be rebutted by the registered owner of the vehicle appearing and identifying the person that operated the vehicle in violation of this section.

(k)

In any prosecution of an offense designated in subsection (g)4 or (g)5 of this section, it is presumed that the record owner of the property is the person required to furnish properly identified and dimensional parking places for the disabled. This presumption may only be rebutted by the record owner appearing and identifying the person responsible for compliance with this section.

(l)

Any person violating subsection (i)(1), (i)(2), (i)(3) or (i)(5) of this section shall, upon conviction, be subject to a fine of not more than $200.00. Any person violating subsection (i)(4) of this section shall, upon conviction, be subject to a fine as provided in section 1-13, the city council having declared this subsection to be for the health and safety of the occupants of the city.

(m)

This section shall apply to all new construction and modifications or alterations to existing structures requiring a building permit in the city.

(Code 1968, § 29-158)