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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