§ 94-101.5. Authority of disabled—parking enforcement volunteers to enforce the disabled parking law.  


Latest version.
  • (a)

    That the chief of police shall have the authority and sole discretion to appoint and remove any person who is a citizen of the United States to issue citations on any vehicle found to be parked in a parking space or parking area designated for the exclusive use of vehicles transporting persons with disabilities in the city in violation of section 94-101 of the Code of Ordinances of the city, pursuant to Vernon's Ann. Civ. St. art. 6675a-5e.1, § A.(d) and all other applicable law.

    (b)

    That each disabled parking enforcement volunteer appointed by pursuant to this section shall complete an application, and satisfactorily complete a course of training on disabled parking enforcement to be developed and conducted by the chief of police.

    (c)

    That the application required by subsection (b) of this section shall show the correct name, current address and telephone number of the applicant. The chief of police or his designee, is specifically authorized to require additional information from the applicant. Upon receipt of the application required by subsection (b) of this section, the chief of police shall cause a thorough and complete review to be made of the applicant and make his decision regarding the application.

    (d)

    Disabled parking enforcement volunteers are hereby authorized to issue citations on any vehicle found to be in violation of section 94-101 of the Code of Ordinances of the city or any vehicle found to be in violation of Vernon's Ann. Civ. St. art. 6675a-5e.1, as amended (disabled/handicapped parking), in the same manner as any law enforcement officer of the state or county or municipality of the State of Texas, subject to the following limitations:

    (1)

    No disabled parking enforcement volunteer shall be deemed a peace officer, nor receive any compensation from the city while in the capacity of a disabled parking enforcement volunteer.

    (2)

    No disabled parking enforcement volunteer shall be required to complete training as a peace officer.

    (3)

    No disabled parking enforcement volunteer shall have the power or duty to enforce other traffic or civil or criminal laws.

    (4)

    No disabled parking enforcement volunteer shall possess or carry firearms or other weapons of the purpose of enforcing the disabled parking law.

    (5)

    No disabled parking enforcement volunteer shall be entitled to any indemnification from the State of Texas, County of Anderson, or city for any injury or property damage sustained as a result of enforcement activities. Each disabled parking enforcement volunteer shall specifically acknowledge that such disabled parking enforcement volunteer has no such rights to any claim of injury or property damage resulting from disabled parking enforcement activities.

    (6)

    No government, agency, department or officer of the State of Texas, Anderson County, or the city shall be liable or accountable for any act or omission of any person appointed to issue disabled parking citations pursuant to this section. Each disabled parking enforcement volunteer shall specifically hold harmless the city, its employees, officers, and agents, from liability for any such act or omission by such parking enforcement specialist.

(Ord. No. O-19-99, 8-9-99)

Editor's note

Ord. No. O-19-99, adopted August 9, 1999 pertained to the authority of disabled parking enforcement volunteers and was designated as § 94-101A. In order to preserve Code format the editor has redesignated § 94-101A as § 94-101.5.