§ 86-153. Unauthorized parking in designated handicapped spaces.

(a)

Definitions.

(1)

Governmental facility means a building, structure, or improved area owned and operated by the state or any political subdivision thereof.

(2)

Public facility means a building, structure, or improved area to which the general public customarily has access or utilizes, and utilized for purposes of education, employment, transportation, or recreation; or, for the purchase, rental, or acquisition of goods and services, or housing other than privately owned one- or two-family dwellings. A public facility shall also include parking spaces belonging to privately owned parking areas, when the owners or lessees of such areas have reserved and designated them for the exclusive use of vehicles bearing the license plate issued to a handicapped driver. A public facility does not include a governmental facility.

(3)

Public facilities for accommodation means hotels, motels, apartment buildings, dormitories, resort lodges, and other such uses. A public facility for accommodation shall also include parking spaces belonging to privately owned parking areas, when the owners or lessees of such areas have reserved and designated them for the exclusive use of vehicles bearing the license plate issued to a handicapped driver.

(b)

Violation; penalty; additional costs. It shall be unlawful for any person to:

(1)

Park in any space designated for the handicapped at any governmental facility, public facility, or public facility for accommodation, without either a handicapped license plate or placard and actually transporting the person eligible for said license plate or placard; or

(2)

Effectively prevent the use of such a designated or restricted area, access aisle, route, ramp or curb cut in any manner;

Any person committing such violation shall be fined not less than $100.00 nor more than $250.00 or shall be imprisoned for not more than ten days, or both. On the second and subsequent offense, said person shall be fined not less than $200.00 imprisoned for no more than 30 days, or both. Except that if a non-motorized object such as a shopping cart, bicycle, large box or other item is used to violate this provision, then the stated penalties are optional and shall not apply to the owner of the object unless the owner is responsible for the object being placed in violation hereof.

(c)

Additional penalty for violations occurring during inclement weather or at night.

(1)

Whenever any violation of any of the provisions of this section occurs during any of the following conditions which may exist at any time during such violation, then the applicable penalties shall be doubled:

a.

During any form and degree or level of precipitation, such as and including but not limited to, rain, sleet, hail or snow; or

b.

Any time between sunset and sunrise and at any other time when, due to insufficient light or unfavorable atmospheric conditions, persons and vehicles on the highway are not clearly discernible at a distance of 500 feet ahead.

(2)

Whenever any violation of any of the provisions of this section occurs during any of the following conditions which may exist at any time during such violation, such conditions shall be aggravating circumstances which are to be considered in the imposition of sentence:

a.

The surrounding air temperature is above 90 degrees F; or

b.

The surrounding air temperature is below 32 degrees F.

Proof of the surrounding air temperature may be made by any reliable or verifiable evidence and source such as and including, but not limited to, a report of said temperature made by any National Weather Service agency for the area. Further, the existence of frozen water (ice) outdoors within the city will create a rebuttable presumption that the surrounding air temperature is below 32 degrees F.

(Ord. No. 319, 12-4-84; Ord. No. 504-96, 7-2-96)