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HomeMy Public PortalAbout061-2014 - Amending Subsection 74.29 - Handicap SignsORDINANCE NO. 61-2014 A GENERAL ORDINANCE AMENDING SUBSECTION 74.29 OF RICHMOND CITY CODE WHEREAS, Section 29 of Chapter 74 of the Richmond City Code regulates handicapped parking within the City of Richmond; and WHEREAS, It is desirable to make changes to certain provisions in connection with designated handicapped spaces on City streets within residential areas; and WHEREAS, It is in the best interest of the City of Richmond to update Section 74.29 of the Richmond City Code. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond, Indiana, that the following section 74.29 of Richmond Code shall be amended to read as follows with insertions in bold font: 74.29 HANDICAPPED PARKING (a) The Board of Public Works and Safety may reserve parking spaces on City owned parking lots or City streets for the exclusive use of physically handicapped persons in accordance with Indiana Code 5-16-9. (b) The Board of Public Works and Safety may reserve parking spaces on City streets in residential areas for the exclusive use of a designated physically handicapped person in accordance with Indiana Code 5-16-9. (c) The owners or operators of privately owned parking lots within the City may reserve parking spaces for the exclusive use of physically handicapped persons in accordance with Indiana Code 5-16-9. (d) 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, the Indiana Rehabilitative Services Agency or any other authorized state, local or federal agency, which designates the vehicle as one used to transport handicapped persons, or as one registered to a Disabled American Veteran. Use of a designed parking space on City streets in residential areas shall also be limited for use by the person who requested a new or renewal designation that is approved by the Board of Public Works and Safety as set forth in this section. (Ord. 61-2014) (e) Persons requesting reserved handicapped parking spaces in residential areas shall meet the following requirements: (1) The person requesting the reserved handicapped parking space must not have accessible off-street parking available at the site of the proposed handicapped parking space. (2) The person requesting must either: (A) Be handicapped himself/herself, or (B) Reside with the handicapped person and be responsible for his/her transportation, or (C) Not reside with the handicapped person, but be primarily responsible for his/her transportation. Requests meeting the criteria of (A) or (B) will generally be in the nature of a handicapped parking space, as near as possible to the residence, and limited to one space per residence. Requests meeting the criteria of (C) may require supporting evidence of frequency of transportation of the handicapped person, and may be granted in the form of a "loading zone" type limited -time handicapped space where traffic flow would justify such. The space is to be located at the residence of the handicapped person. (3) The space cannot conflict with any parking restriction already in place, or restrict the normal flow of traffic. Where existing parking restrictions limit only the duration of parking (as in a two-hour limit), a "loading zone" type limited -time handicapped space may be issued. Where no parking is allowed at all, or is not allowed during designated hours due to restriction of traffic flow, no handicapped space will be designated. (4) The person requesting the handicapped space shall notify the Traffic Division of the Richmond Police Department when the handicapped plate or placard expires or when the person requesting or the handicapped person moves, so that the sign designating a handicapped parking space can be removed. (5) Requests for residential handicapped parking spaces will be granted for a term of one (1) year, renewable annually by request in writing to the Board of Public Works and Safety stating that the facts of the original request remain true. The renewal request may be made by letter to the Office of the City Clerk during the period from thirty (30 days prior to thirty (30) days after the date one (1) year from the granting of the request. If no renewal has been received by the Clerk's Office thirty (30) days after this one (1) year date, the handicapped parking sign may be removed by the Traffic Division without notice to the person requesting. The Traffic Division shall keep accurate records of requests granted and dates granted. (6) Persons who are granted a residential handicapped parking space shall pay an initial fee of $25.00. Persons whose handicapped spaces are renewed shall pay a renewal fee of $5.00. (Ord. 117-1984; Ord. 49-1990) After approval by the Board of Public Works and Safety of the new or renewal designation, the designation tag issued by the City Clerk's office will contain the assigned number that matches the number posted on the sign designating the reserved space. Upon complaint by a person who is granted a new or renewal residential handicapped parking space, unauthorized persons or owners of unattended vehicles parking within said reserved residential space shall be deemed to be in violation of this section and shall be fined as set forth in subsection (f) below. (Ord.61-2014) (f) Designation of parking space for the exclusive use of handicapped persons shall not exempt the spaces nor the vehicles parked in such spaces from any other applicable traffic or parking laws, ordinances and regulations unless so determined by the Board of Public Works and Safety. The operator of a vehicle or the owner of an unattended vehicle parked in violation of this section shall be fined $50.00. (Ord. 86-1994) NOW, THEREFORE, be it also ordained by the Common Council of the City of Richmond, Indiana, that this Ordinance shall be in full force and effect from and after its passage and adoption by the Common Council of the City of Richmond, Indiana. Passed and adopted this 15th day of December 2014, by the Common Council of the City of Richmond, Indiana, to be effective. President ATTE (Karen Chasteen, IAMC, MMC) PRESENTED to the Mayor of the City of Richmond, Indiana, this/li day of at at 9:00 a.m. Lz�t1r'Clerk (Karen Chasteen, IAMC, MMC) APP OVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this � day of 2014, at 9:05 a.m. i Mayor (Sarah L. Hutton) ATTE : aren Chasteen, IAMC, MMC)