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HomeMy WebLinkAboutD-2047-11 Add Sec.8-50 Handicapped Parking, As AmendedAN ORDINANCE OF THE COMMON COUNCIL OF THE CITY OF CARMEL INDIANA, AMENDING CHAPTER 8, ARTICLE 5 BY ADDING A NEW SECTION IDENTIFIED AS $8 -50 TO THE CARMEL CITY CODE WHEREAS, the Common Council of the City of Carmel, Indiana, pursuant to Indiana Code 9- 21-1-3, is authorized to regulate by ordinance the standing and parking of vehicles within the City's jurisdiction: and WHEREAS, certain parking spaces within the City of Carmel have been designated for use by individuals with physical disabilities: and WHEREAS, the Common Council now desires to regulate vehicular parking in spaces located within the City of Carmel and designated for use by individuals with physical disabilities. NOW, THEREFORE, BE IT ORDAINED by the Common Council for the City of Carmel, Indiana, as follows: Section 1: The foregoing Recitals are incorporated herein by this reference. Section 2: Chapter 8, Article 5 is amended by the addition of a new section identified as 8 -50 thereto, which shall read as follows: 8 -50 Handicapped Parking ORDINANCE D- 2047 -11 AS AMENDED (a) For the purposes of this section, a person with a physical disability is defined as an individual that has been issued a placard, special registration plate or decal for a motor vehicle by the State Bureau of Motor Vehicles under Indiana Code 9 -14 -5, 9- 18 -18, 9- 18 -22, or the laws of another state. (b) Parking spaces may be designated for the sole use by individuals with a physical disability. The designation may be made in any of the following methods: VERSION A 9/19/11 1. By placing a sign that indicates the space is reserved for handicapped, disabled parking, physically challenged or language to the same effect. 2. By placing a sign displaying the official international wheelchair symbol or a reasonable facsimile thereof. 3. By the painting on the pavement or by constructing with contrasting building materials, within a designated parking space, the international wheelchair symbol or a reasonable facsimile thereof. (c) Any one of these designations, in and of itself, will be sufficient to provide legal notice that the space is reserved for the sole use by those with a physical disability. (d) It shall be unlawful for any person to park a motor vehicle, motorcycle, moped, bicycle, or other vehicle of any nature, in a parking space designated for the sole use by a person with a physical disability, which does not have prominently displayed for public view a valid placard, special registration plate, or decal issued under the laws of this state or the laws of another state. (e) It shall be unlawful for any person to knowingly park in a space reserved or designated for a person with a physical disability while displaying a placard, special registration plate, or decal to which neither the person nor the person's passenger is entitled. (f) If any vehicle is parked unlawfully in violation of any provisions of this section, and the identity of the driver cannot be determined, the owner or person(s) whose names the vehicle is registered shall be held, prima facie responsible, for the violation. (g) In addition to any fines which may be imposed as a result of a violation of this section, any vehicle which is parked in a manner in violation of this section may be towed at the direction of the Carmel Police Department to an area designated by the City at the owner's expense. The owner shall also be required to pay any and all towing and storage fees resulting from this action. (h) No private individual, partnership, corporation, or any other entity shall have the legal authority to direct that a vehicle be towed for a violation of this section. This authority is restricted to the Carmel Police Department and its duly sworn officer and employees. Section 5: All prior ordinances or parts thereof inconsistent with any provision of this Ordinance are hereby repealed, to the extent of such inconsistency only, as of the effective date of this ordinance. However, the repeal or amendment by this Ordinance of any other ordinance does not affect any rights or liabilities accrued, penalties incurred or proceedings begun prior to the effective date of this Ordinance. Those rights, liabilities, and proceedings are continued and penalties shall be imposed and enforced under such repealed or amended ordinance as if this Ordinance had not been adopted. Section 6: This Ordinance shall be in full force and effect from and after its passage and signing by the Mayor. Section 7: If any portion of this Ordinance is for any reason declared to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this Ordinance, so long as enforcement can be given the same effect. PASSED by the Common Council of the City of Carmel, Indiana this T day of 2011, by a vote of 7 ayes and 6 nays. VERSION A 9/19/11 siding Officer W. Eric Seid nsticker, President V. Accetturo Ronald E. Carter ATTEST: Diana L. Cordray, IAMC, Cie Presented by me to the Mayor of the City of Carmel, Indiana this 1Q d ay of 2011, at ICY.d �.M. ATTEST: Approved by me, Mayor of the City of Carmel, Indiana, this 1.q day of 1\ COMMON COUNCIL FOR THE CITY OF CARMEL reasurer 2011, at It): Q.1? Richard L. arp Diana L. Cordray, IAMC, Clerk -Tre James Brainard, Mayor Diana L. Cordray, IAMC, Clerk- Tre.•urer This ordinance was prepared by Brian G. Poindexter, Carmel City Court Judge VERSION A 9/19/11