This article shall be known as the "City of Marlborough Handicapped
Parking Ordinance."
The following words, as used in this article, shall have the
following meanings:
CITY
The City of Marlborough, County of Middlesex, Commonwealth
of Massachusetts.
PHYSICALLY HANDICAPPED PERSON
A person confined to a wheelchair; a person who because of
the use of braces or crutches or because of the loss of a foot or
leg or because of an arthritic, spastic, pulmonary or cardiac condition
walks with difficulty or insecurity; a person who, due to a brain,
spinal or peripheral nerve injury, suffers from faulty coordination
or palsy; a person who is blind or whose sight is so impaired that,
functioning in a public place, said person is insecure or exposed
to danger; a person whose motor vehicle bears the distinctive number
plates issued by the Massachusetts Registrar of Motor Vehicles to
handicapped persons as authorized by MGL c. 90, § 2.
No person shall park or stand a motor vehicle in any space or
area designated "physically handicapped parking only," which is owned
or leased by the City unless such person is a physically handicapped
person who has obtained a numbered window sticker as hereinafter provided;
or has obtained a distinctive number plate issued by the Massachusetts
Registrar of Motor Vehicles pursuant to MGL c. 90, § 2.
The number or percentage of handicapped parking spaces to total
number of parking spaces in those areas and facilities owned or leased
by the City shall be as follows:
Total Number of Spaces
|
Handicapped Spaces
|
---|
60 to 25
|
1
|
26 to 40
|
2
|
41 to 100
|
5% of the total
|
101 to 300
|
4% of the total
|
301 to 800
|
3% of the total
|
Greater than 800
|
2% of the total
|
[Amended 10-6-2014 by Ord. No. 14-1005921A]
The Building Commissioner shall inspect all handicapped parking
facilities owned or leased by the City. Such facilities shall be designed
and constructed in compliance with all applicable local, state and
federal rules, regulations and laws promulgated or enacted for the
regulation of handicapped parking facilities.
The Mayor is hereby empowered and authorized to negotiate and
execute, on behalf of the City, leases with persons, corporations,
partnerships and other business enterprises for the rental of private
parking facilities for physically handicapped persons, provided that
the cost to the City does not exceed $2 per parking place per year,
and provided that all leases are executed on a lease form identified
as LF82-01, a copy of which is attached hereto and incorporated herein
by reference. Nothing contained herein shall prevent the Mayor from
executing said lease on the form prescribed with minor, nonsubstantial
changes necessary to reflect the legal needs of the City or the lessor.
Upon the effective date of this article, the Commissioner of
Public Works shall erect suitable signs on the main entrance roads
to the City. Such signs will state that this article exists and will
be enforced with the jurisdictional limits of the City, and will display
the International Sign for Handicappers.
If any section, subsection, sentence, clause, phrase or portion
of this article is for any reason held invalid or unconstitutional
by any court of competent jurisdiction, such portion shall be deemed
a separate, distinct and independent provision, and all other portions
of the article will remain in full force and effect.
All ordinances and parts of ordinances in conflict with the
provisions of this article are hereby repealed.
The provisions of this article shall become effective on July
1, 1981, subject, however, to a period of orientation from July 1
to July 30, 1981, during which time the Police Department of the City
shall issue offense tickets for warning purposes only.