(a) The
traffic engineering division is hereby authorized to administer parking
spaces for the disabled and to place and maintain appropriate signs
or markings as authorized by state law indicating the location of
such parking. A parking space shall be designated for a location when,
in the opinion of the director of public works, a space for the disabled
is required by the Americans with Disabilities Act, as enacted in
1990, or as hereafter amended.
(b) All
of the provisions of chapter 681 of the Texas Transportation Code
as now adopted, or as subsequently amended, shall apply.
(c) Section
681.011 of the Texas Transportation Code, which sets forth the offenses
and punishment provisions, shall apply in the city to any parking
pace or area for the disabled on public or private property designated
in compliance with the identification requirements referred to in
section 681.009 of the Texas Transportation Code.
(Ordinance 84-69, sec. 1, adopted 8/14/84; Ordinance 89-37, sec. 1, adopted 5/9/89; Ordinance 92-16, sec. 1, adopted 2/25/92; Ordinance 93-21, sec. 1, adopted 5/11/93; Ordinance 94-51, sec. 1, adopted 7/12/94; Ordinance 2007-10 adopted 2/27/07; 1957 Code, sec. 18-55)
(a) The
chief of police shall have the authority and sole discretion to appoint
and remove any person who is a citizen of the United States to issue
citations on any vehicle found to be parked in a parking space or
parking area designated for the exclusive use of vehicles transporting
persons with disabilities in the city in violation of section 681.011,
Texas Transportation Code, as now adopted or hereafter amended.
(b) Each
disabled-parking enforcement volunteer appointed pursuant to this
section shall complete an application and satisfactorily complete
a course of training on disabled parking enforcement to be developed
and conducted by the chief of police or his designee.
(c) The application required by subsection
(b) of this section shall show the correct name, current address, and telephone number of the applicant. The chief of police or his designee is specifically authorized to require additional information from the applicant. Upon receipt of the application required by subsection
(b) of this section, the chief of police shall make a complete and thorough review of the applicant and make a final decision regarding the application.
(d) Disabled-parking
enforcement volunteers are hereby authorized to issue citations on
any vehicle found to be in violation of section 12-3-111 of the city
code, or any vehicle found to be in violation of Texas Transportation
Code, chapter 681, as amended, in the same manner as any law enforcement
officer of the state, the county, or a municipality of the state,
subject to the following limitations:
(1) No disabled-parking enforcement volunteer shall be deemed a peace
officer nor receive any compensation from the city while in the capacity
of a disabled-parking volunteer.
(2) No disabled-parking enforcement volunteer shall be required to complete
training as a peace officer.
(3) No disabled-parking enforcement volunteer shall have the power or
duty to enforce other traffic, civil, or criminal law.
(4) No disabled-parking enforcement volunteer shall possess or carry
firearms or other weapons for the purpose of enforcing the disabled
parking law.
(5) No disabled-parking enforcement volunteer shall be entitled to any
indemnification from the state, the county or the city for any injury
or property damage sustained as a result of enforcement activities.
Each disabled-parking enforcement volunteer shall specifically acknowledge
that such disabled-parking enforcement volunteer has no rights to
any claim or injury or property damage resulting from disabled parking
enforcement activities.
(6) No government agency, department or officer of the state, the county
or the city shall be liable or accountable for any act or omission
of any person appointed to issue disabled parking citations pursuant
to this section. Each disabled-parking enforcement volunteer shall
specifically hold harmless the city and its employees, officers, and
agents from liability for any such act or omission by such disabled-parking
enforcement volunteer.
(Ordinance 99-51, sec. 1, adopted 10/26/99; 1957 Code, sec. 18-55.1)