The building official of the city is hereby authorized to designate
specific parking stalls, spaces or areas upon public property as disabled
parking spaces. Upon the request of the owner or operator of any existing
off-street parking facility, the building official of the city is
authorized to approve stalls, spaces or parking areas in an off-street
parking facility as handicapped parking spaces. The building official,
in the approval process for off-street parking facilities, is authorized
to designate stalls, spaces or parking areas in an off-street parking
facility as disabled parking spaces. Disabled parking spaces are for
the exclusive use of vehicles which display a distinguishing license
plate, specially designated symbols, tags or other devices issued
pursuant to Texas Transportation Code §§ 502.253 — 502.255
to disabled persons and veterans. Such stalls or spaces shall be designated
by posting, at the businesses' expense, signs which comply with
the requirements of the said statute. The dimensions of all parking
spaces so designated shall comply with state commission of licensing
and regulation guidelines.
[Ord. No. 1493-24 adopted 3/11/2024]
A vehicle or vehicles not displaying the proper state issued
handicapped designation may, at the discretion of any peace officer,
be towed, or otherwise removed, from a properly designated handicapped
parking space at the expense of the owner of said vehicle and, if
towed, may be impounded and detained until all towing and storing
charges are paid.
[Ord. No. 1493-24 adopted 3/11/2024]
(a) Generally.
A vehicle or vehicles not displaying the
proper state-issued disability designation which is stopped, standing,
parked or left in any parking space properly designated for the exclusive
use of persons with disabilities within the city may, at the discretion
of any peace officer or other authorized parking enforcement agent,
be issued a parking citation. Authorized parking enforcement agents
shall include any city police officer or employee or city volunteer
designated by the chief of police or the city manager to enforce the
provisions of this section.
(b) Penalty.
Any person, firm or corporation who violates,
disobeys, omits, neglects or refuses to comply with or who resists
the enforcement of any of the provisions of this section:
(1)
Except as provided by this subsection
(b), an offense under this division is a misdemeanor punishable by a fine of not less than $250.00 or more than $500.00.
(2)
If it is 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 $300.00 or more than $600.00.
(3)
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.
A fine of not less than $300.00 or more than $600.00; and
b.
Not less than ten or more than 20 hours of community service.
(4)
If it is shown on the trial of an offense under this section
that the person has been previously convicted three times of an offense
under this section, the offense is punishable by:
a.
A fine not less than $500.00 or more than $1,000.00; and
b.
Not less than 20 or more than 50 hours community service.
(5)
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 $1,000.00
and 50 hours of community service.
[Ord. No. 1493-24 adopted 3/11/2024]