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HomeMy WebLinkAbout1984-OR-19ORDINANCE NO. 84-OR-~ An Ordinance Designating Penalties for Improper Parking in Handicapped Spaces. BE IT HEREBY ORDAINED BY THE COMMON COUNCIL OF THE CITY OF JEFFERSONVILLE, INDIANA: SECTION ONE WHEREAS, the Common Council of the City of jeffersonville, Indiana, desires to provide and maintain readily accessible parking for those members of the community who are handicapped, and WHEREAS, the indiana. Construction Rules Section 512(a) require owners and operators of privately owned parking lots accessible to the public to provide parking facilities for the handicapped, and WHEREAS, local officials enforce the provisions of the Indian~ Construction Rules pursuant to I.C. Section 22-11-1-19, and WHEREAS, it has come to the attention of the Common Council of the City of jeffersonville that certain of the parking facilities designated for handicapped individuals are currently misused. The Common Council of the City of jeffersonville believes it is in the best interest of the City of Jeffersonville to protect the rights of handicapped citizens in the City by adopting the following ordinance. SECTION TWO DEFINITIONS A. A parking facility; any facility or combination of facilities for motor vehicle parking which contains parking spaces for the public. This shall include a privately owned area which is normally used for parking and which is accessible to the public. This does not include a parking facility which charges a fee for parking spaces. B. A physically handicapped person; any person who has been issued a placard or special registration plate or decal for a motor vehicle by the Bureau of Motor Vehicles under I.C. 9-7-4.1 Section 1 or City Ordinance 80-OR-46. SECTION THREE It shall be unlawful for any person to park a motor vehicle, motorcycle, moped, bicycle or other vehicle of any nature which does not have displayed a handicapped person's decal or registration plate as set forth above in a parking space reserved in a parking facility for a handicapped person's vehicle. SECTION FOUR If any vehicle is parked unlawfully in violation of any of the provisions of this Ordinance, and the identity of the driver cannot be determined, the owner or person in whose name the vehicle is registered shall be held prima facie responsible for the violation. SECTION FIVE In addition to any fines which may be given as a result of violations of this Ordinance, any vehicle which is parked in a m~nner in violation of this Ordinance may be towed to an area designated by the Chief of Police of the City of 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 Any person receiving a citation as a result of a violation of any of the provisions of of fifteen dollars ($15.00) paid within seventy-two (72) this ordinance shall pay an assessment (except as herein provided) if 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 in Jeffersonville, Indiana. In the event that any person who is charged with a violation hereunder fails to pay as above provided, such person shall be charged in City Court and upon conviction shall be fined not less than fifteen dollars ($15.00) one hundred dollars ($100.00). SECTION Any Ordinance or part there nor more than SEVEN n conflict With this Ordinance is hereby repealed. This ordinance approval and publication is required by statute. Adopted this ~day of SECTION EIGHT shall become effective upon its passage, ~/;~ , 1984. MAYOR DALE L. OREM Attest: C. ~ICHARD SpENCER~JR'~~ CLERK-TREASURER Presented by me as Clerk-Treasurer to the Mayor of said City of jeffersonville, this ~'-- day of 1984. CLERK-TREASURER Approved and signed by me this ~"~day of MAYOR DALE L. OREM