HomeMy WebLinkAbout2003-OR-261 BEFORE THE COMMON COUNCIL
2 OF ~ CITY OF JEFFERSONVILLE, INDIANA
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4 ORDINANCE NO. 2003-OR-26
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6 AN ORDINANCE AMENDING ORDINANCE NO. 84-OR-19:
7 AN ORDINANCE DESIGNATING PENALTIES
8 FOR IMPROPER PARKING IN HANDICAPPESD SPACES
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lO BE IT HEREBY ORDAFNED BY THIS COMMON COUNCIL OF THE CITY OF
11 JEFFERSONVILLE, INDIANA:
12 SECTION ONE
13 WtIEREAS, the Common Council of the City of Jeffersonville, Indiana desires to
14 provide and maintain readily accessible parking for those members of the community who have
15 physical disabilities, and
16 WHEREAS, the Indiana law requires owners and operators of privately owned parking
17 lots accessible to the public to provide parking facilities for persons with a physical disability,
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19 WtIEREAS, local officials have the authority to enforce the provisions of said law
20 pursuant to Indiana Code, and
21 WltEREAS, it has come to the attention of the Common Council of the City of
22 Jeffersonville that certain of the parking facilities designated for individuals with physical
23 disabilities are currently misused. The Common Council of the City of Jeffersonville believes it
24 is in the best interest oftbe City of Jeffersonville to protect the rights of the physically disabled
25 citizens in the City by adopting the following Ordinance.
26 .SECTION TWO
27 DEFINITIONS
1 A. A parking facility: Any facility or combination of facilities for motor vehicle parking
2 which contains parking spaces for the public. This shall include a privately owned area
3 which is normally used for parking and which is accessible to the public. This does not
4 include a parking facility which charges a fee for parking spaces.
5 B. A person with a physical disability: Any person who has been issued a placard under I.C.
6 9-14-5 or a person with a disability registration plate for a motor vehicle by the Bureau of
7 Motor Vehicles under I.C. 9-18-22 or City Ordinance 86-OR-46.
8 C. A motor vehicle: is defined as set forth in I.C. 9-13-2-105.
9 SECTION THREE
10 NOW, TItEREORE, BE IT ORDANED that it shall be unlawful for any person to park
11 a motor vehicle, motorcycle, moped, bicycle Or other vehicle of any nature which does not have
12 displayed a placard or special registration plate as set forth herin, in a parking space reserved in a
13 parking facility for a physically disabled person's vehicle.
14 SECTION FOUR
15 IT IS FURTHER ORDAINED that if any vehicle is parked unlawfully in violation of
16 any of the provisions of this Ordinance, and the identity of the driver cannot be determined, the
17 owner or person in whose name the vehicle is registered shall be held prima facie responsible for
18 the violation.
19 SECTION FIVE
20 IT IS FURTirlF~R ORDAINED that in addition to any fines which may be given as a
21 result of violations of this Ordinance, any vehicle which is parked in a manner in violation of this
22 Ordinance may be towed to an area designated by the Chief of Police of the City of
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Jeffersonville, Indiana, at the owner's expense. The owner shall also be required to pay any and
all storage fees resulting from this action.
SECTION SIX
PENALTIES
IT IS FURTm~R ORDAINED that any person receiving a citation as a result ora
violation of any of the provisions of this Ordinance shall pay an assessment of seventy-five
dollars ($75.00) (except as herein provided) if paid within seventy-two (72) hours of the time of
such violation to the Clerk-Treasurer of the City of Jeffersonville whose office is located at 421
City-County Building, Jeffersonville, Indiana. In the event that any person who is charged with
a violation heretmder fails to pay as provided, such person shall be charged in City Court and
upon conviction shall be fined not less than seventy-five dollars ($75.00) nor more than five
hundred dollars ($500.00)~
Attest:
SECTION SEVEN
IT IS FURTItER ORDAINED that any Ordinance or part thereon contlict with this
Ordinance is hereby repealed.
SECTION EIGHT
IT IS FURTilER ORDAINED that this Ordinance shall become effective upon its
passage, approval and publication as required by statute and shall hereby be entitled "An
Ordinance Designating Penalties for Improper Parking in Spaces for the Physically Disabled."
Adopted this 2~ day of ~ ,2003.
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Peggy Wil~le~.~Lal~rk-Trea surer
Presented by me as Clerk-Treasurer to the Mayor of said City of Jeffersonville on this
dayof ~ ,2003 at
?m.
PeggY Wilde?, Clerk-Treasurer
Approved and signed by me on this~,C~ day of 2003.