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HomeMy WebLinkAboutOrdinance No. 05 05 Handi PkngORDINANCE NO. 0 5 / 0 5 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF UNIVERSITY PARK, AS HERETOFORE AMENDED, BY AMENDING CHAPTER 10, SECTION 10.1208 TO PROVIDE REGULATIONS FOR PARKING FOR HANDICAPPED OR DISABLED PERSONS; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVE ~RABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND ($1,000.00) DOLLARS FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION1. That Chapter 10, Article 10.1200, Section 10.1208, Ordinances of the City of University Park, is hereby amended to read as follows: of the Code of "Section 10.1208 Parking For Handicapped or Disabled Persons (a) The City or a person who owns or controls property used for parking may designate one or more parking spaces or a parking area for the exclusive use of vehicles transporting persons with disabilities. (b) The City must designate a parking space or area by conforming to the standards and specifications adopted by the Texas Commission of Licensing and Regulation relating to the identification and dimensions of parking spaces for persons with disabilities. (c) A person who owns or controls private property used for parking must designate a parking space or area by conforming to those standards and specifications referred to in Subsection (b) above. (d) A private property owner or private person who controls property used for parking and who designates one or more uncovered parking spaces for the exclusive use of vehicles transporting persons with disabilities shall assign at least half of those spaces for the exclusive use of vehicles displaying a white on blue shield disabled parking placard, except that if an odd number of spaces is designated, only the number of spaces that is the largest whole number less than half of the number of designated spaces must be assigned for the exclusive use of vehicles displaying a white on blue placard. Van-accessible parking spaces shall be counted as assigned spaces under this subsection. These assigned spaces must be the spaces located closest to an accessible route to an entrance accessible to a person with a disability. The remaining designated parking spaces may be used by vehicles displaying a 71047 white on blue shield disabled parking placard, a white on red shield disabled parking placard, or license plates issued by the state to persons with disabilities. This subsection applies only to a property used for parking that serves a building or other facility required to be accessible to persons with disabilities and which was completed on or after September 1, 1999. (e) Each accessible parking space shall be designated as reserved by a vertically mounted or suspended sign showing the symbol of accessibility provided in the Texas Manual on Uniform Traffic Control Devices. For appropriate spaces, an additional sign "Van-Accessible" shall be mounted below the symbol of accessibility. Characters and symbols on such signs shall be located a minimum of sixty inches above the ground, floor, or paving surface, so they cannot be obscured by a vehicle parked in the space. (f) The provisions of Section 681.011 of the Transportation Code shall apply to a parking space or area for persons with disabilities on _private property that is designated in compliance with the identification requirements referred to herein. Parking spaces assigned as handicapped or disabled parking spaces may be supplemented with pavement markings where there is a suitable pavement surface. Such markings shall be in compliance with the manual. (g) A vehicle beating a license plate or placard bearing the intemational symbol of accessibilitY and issued by the State of Texas may be parked in any parking area or space designated for parking by persons with disabilities at any time when such vehicle is being operated by or for the transportation of a disabled person. (h) The owner of a vehicle displaying a license plate or placard bearing the international symbol of accessibility and issued by the State of Texas while being operated by or for the transportation of a disabled person, shall be exempt from payment of fees or penalties imposed by the City for parking at a meter or in a space with a limitation on the length of time for parking. (i) A person commits an offense if the person leaves, stands, or parks a vehicle on which a license plate or placard beating the international symbol of accessibility and issued by the State of Texas is not displayed in a parking space or area designated specifically for individuals with disabilities by the City or private property owner who owns or controls property used for parking. (j) A person commits an offense if the person stands a vehicle so that th~ vehicle vehicle blocks an architectural improvement designed to aid persons {vith disabilities, including an access aisle or curb ramp. 71047 (k) A person commits an offense if the person stands a vehicle on which is displayed license plates or a disabled placard issued by the State of Texas in a parking space or area for which there is an exemption under this section, but the person does not have a disability, is not transporting a person with a disability, and does not pay the applicable fee related to use of the space or area or exceeds a limitation on the length of time for standing in the space or area. (i) In a prosecution under this Section, it is presumed that the registered owner of the motor vehicle is the person who left the vehicle standing at the time and place the offense occurred. (m) An offense under this Section is a misdemeanor punishable by a fine of not less than $250 or more than $500. If it shown on the trial of an offense under this Section that the person has been previously convicted one time of an offense under this Section, the offense is punishable by a fine of not less than $300 or more than $600. If it is shown on the trial of an offense under this Section that the person has been previouslY convicted two times of an offense under this Section, the offense is punishable by a fine of not less than $300 or more than $600 and not less than ten or more than twenty hours of community service. If it is shown on the trial of an offense under this Section that the person has been convicted three times of an offense under this Section, the offense is punishable by a fine of not less than $500 nor more than $1,000 and not less than twenty or more than fifty hours of community service. If it is shown on the trial of an offense under this Section that the person has been previously convicted four times of an offense under this Section, the offense is punishable by a fine of $1,000 and fifty hours of community service." SECTION 2. That all other ordinances of the City of University Park in conflict with the provisions of this ordinance be, and the same are hereby, repealed. SECTION 3. That should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance or the Code of Ordinances, as amended hereby, be adjudged or held to be unconstitutional, illegal, or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, unconstitutional or illegal and shall not affect the validity of the Code of Ordinances as a whole. SECTION 4. That any person violating any of the provisions of this ordinance or the Code of Ordinances as amended hereby, shall be deemed guilty of a misdemeanor and, upon conviction in 71047 the municipal court of the City of University Park, shall be fined in an amount not to exceed the sum of One Thousand ($1,000.00) Dollars for each offense. SECTION 5. That this ordinance shall take effect immediately from and after its passage and the publication of the caption, as the law and Charter in such cases provide. DULY PASSED by the City Council of the City of University Park, Texas, on the 1st day of February 2005. CITY ATTORNEY 01LD/meh/1/19/05) ~I/A~ES H. HOL1V~ES I~11, MAYOR I(,II~A,~SO"~Y SECRETARY 71047