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
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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.
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(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
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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
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