HomeMy Public PortalAbout020-1984 - -ORDINANCE AMENDING THE DESIGNATION OF HANDICAPPED PARKING SPACES TO PERMIT ONLY VEHICLES IDENTIFIED BY THE INDIANA STATE BUREAU OT MOTOR VEHICLES AS BEING USED TO TRANSPORT HANDICAPPED PERSONSORDINANCE NO. 20 - 1984
AN ORDINANCE AMENDING THE DESIGNATION OF HANDICAPPED PARKING
SPACES TO PERMIT ONLY VEHICLES IDENTIFIED BY THE INDIANA STATE
BUREAU OF MOTOR VEHICLES AS BEING USED TO TRANSPORT HANDICAPPED
PERSONS, AND TO CLARIFY THAT SUCH DESIGNATION AS A HANDICAPPED
PARKING AREA DOES NOT EXEMPT SUCH SPACE FROM OTHER APPLICABLE
PARKING OR TRAFFIC RESTRICTIONS.
WHEREAS, it is the express intention.of the Common Council for the
City of Richmond, Indiana, that only those vehicles identified by
the Indiana Bureau of Motor Vehicles as being used to transport
handicapped be allowed to use designated handicapped parking spaces;
and
WHEREAS, it is the express intention that the designation of a parking
space as a handicapped space does not of itself exempt that space nor
the vehicle parked in that space from any other applicable,
traffic or parking regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY
OF RICHMOND, WAYNE COUNTY, INDIANA, AS FOLLOWS:
That Section I of Amended Ordinance No. 8-1984 be amended to read
as follows:
SECTION I
The Board of Public Works and Safety of the City of Richmond,
Indiana, shall reserve parking spaces, on municipally owned parking
areas, or city streets, as needed to be used for the exclusive use
of physically handicapped persons.
Use of these designated parking spaces, shall be limited to
vehicles displaying a placard, license or registration plate, or
other means of identification issued by the Bureau of Motor Vehicles,
as authorized by I.C. 9-7-4.1-2, which designates the vehicle as
one used to transport handicapped persons.
Designation of a parking space as one for the exclusive use
of handicapped persons shall not exempt the space nor the vehicle
parked in that space from any other applicable traffic or parking
laws, statutes, ordinances, or regulations, unless so determined
by the Board of Public Works and Safety.
The owner of a vehicle parked in violation of this Section,
shall be subject to a $50.00 fine payable in the office of the City
Clerk in the City of Richmond, Indiana.
PASSED AND ADOPTED by the Common Council of the City of Richmond,
Indiana, this Z nd day of 1 4.
r ident o on Council
ATTEST: ��
City CYerkk
PRESENTED by the City Clerk to the Mayor of the City of Richmond,
Indiana, this Vt�e day of 1984.
APPROVED by me, Frank H. Waltermann, Mayor of the City of Richmond,
Indiana, this L/ a day of , 1984.
Mayor
ATTEST:
City Clrk
CITY OF RICHMOND
of Rrciy
`{ �O 50 NORTH FIFTH STREET
u R PPP o RICHMOND, INDIANA 47374
* * TELEPHONE (317) 966-5561 FRANK H. WALTERMANN
MAYOR
�ryDiAN� KENNETH E. BARDEN
CITY ATTORNEY
March 21, 1984
Mr. Jack Elstro, President of Common Council
Members of Common Council
Dear Mr. Elstro and Members of Common Council:
Ordinance No. 20-1984 makes some changes necessary in the handicapped
parking ordinance passed by Council earlier this year. It has
been discovered that there is a decal displaying the international
handicapped symbol available for commercial sale. Ordinance No.
20-1984 would clarify the intent of Council to limit such
handicapped parking to only those vehicles displaying placards,
license or' registration plates, or other means of identification
issued by the Bureau of Motor Vehicles which would identify such
:vehicles as ones used to transport handicapped persons. This change
would reduce the: availabil.ity:of means with which someone could
circumvent the intent of the law.
Another proposed change is the addition of language which would reaffirm
the intent that designation of a space as one for handicapped parking
will not relieve the person who parks the vehicle from complying
with any other applicable traffic or parking laws, rules, regulations,
or ordinances. However, the Board of Public Works and Safety could
elect to alter the other parking regulations applicalbe to that
particular space if it so chooses. For instance if the handicapped
space was located in a two-hour time restricted zone in a residential
area, it may be desirable for the Board to allow that particular space
to be exempt from=the two-hour limitation. However, the Board would
have to indicate such determination.
These proposed amendments do not reflect the unenforceability of the
handicapped parking ordinance that was passed. Amended Ordinance
No. 8-1984 is fully enforceable as written; however, it was felt that
the changes stated in Ordinance No. 20-1984 were necessary for
clarity.
Respectfully submitted::-
Kenneth E. Barden
City Attorney
cc: Police Dept.
Board of Public Works and Safety