OR 96-755 Parking regulations for persons with disabilities AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 96755
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE
CODE OF ORDINANCES OF THE CITY OF COPPELL, TEXAS, BY
AMENDING CHAPTER 8 SECTION 8-3-3 TO PROVIDE PARKING
REGULATIONS FOR PERSONS WITH DISABILITIES; PROVIDING A
REPEALING CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF FIVE ($$00.00) HUNDRED DOLLARS FOR
EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell recognizes the importance of providing equal access
to persons with disabilities, and the importance of providing specially designated parking
places for the transportation of persons with disabilities;
WHEREAS, the City of Coppell desires to provide for offenses which protect the
equal access right of persons with disabilities;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That Chapter 8, Section 8-3-3, of the Code of Ordinances of the City
of Coppell, Texas, be, and the same is hereby amended, in part, to read as follows:
"See. 8-3-3 PARKING FOR PERSONS WITH DISABILITIES
A. The following definitions are established for the purpose of this
section:
1. "Disabled Parking Placard" shall mean a placard issued
under Section 681.002 of the Tex. Trans. Code, as
amended, or a license plate or device, tab, sticker.
placard, card, or permit that bears the international
symbol of access issued by another state, or by a state or
province of a foreign country, to the owner or operator
of a vehicle for the transportation of a person with
disabilities.
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2. "Parking space designated specifically for persons with
disabilities" shall mean a parking space or parking area
designated specifically for persons with disabilities by the
City or by a person who owns or controls private
property used for parking; and includes any space which
has markings or a sign which gives notice to a
reasonable person that the parking space is intended for
the exclusive use of vehicles transporting persons with
disabilities regardless of whether the means of
designating the parking space or area comply with this
section, or with State or Federal law. A parking space
or area for persons with disabilities includes striped or
otherwise designated space adjacent to the actual
parking area which is intended for use as an access aisle.
3. "International Symbol of Access" means the symbol
adopted by Rehabilitation International in 1969 at its
Eleventh World Congress on Rehabilitation of the
Disabled.
B. DESIGNATION OF PARKING SPACES
A political subdivision or a private property owner or a person
who controls property used for parking shall:
1. designate one or more parking spaces or a parking area
for the exclusive use of vehicles transporting persons
with disabilities;
2. conform to the standards and specifications adopted by
the Commissioner of licensing and regulation under
Section 5(c), Article 9102, Texas Revised Statutes, as
amended, and the Americans with Disabilities Act of
1990 as amended, when designating a parking space or
area for persons with disabilities;
3. erect and maintain appropriate signage as required by
this section;
4. designate parking spaces for the exclusive use of vehicles
transporting persons with disabilities in the number
required by the following formula:
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Total Number of Parking Required Minimum Number
Spaces in Parking Area of Spaces Designated for
Vehicles Transporting
Persons with Disabilities
1 to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1000 2% of total
Over 1000 20 plus 1% for each 100
spaces over 1000 spaces
5. locate parking spaces and parking areas designated for use by
vehicles transporting persons with disabilities as close as
possible to a building entrance that is accessible to persons with
disabilities;
6. insure that each parking space and passenger loading zone
designated for vehicles transporting persons with disabilities is
at least 96 inches wide with an adjacent access aisle not less
than 60 inches in width unless otherwise provided in this
subsection. Such parking spaces and access aisles must be level
with surface slopes not exceeding 1:50 (2%) in all directions.
Two contiguous parking spaces may share a common access
aisle (See Figure 1.);
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Figure 1
7. provide one in eveq eight (8) parking spaces but not less than
one (1), that are designated for use by vehicles transporting
persons with disabilities with an access aisle ninety-six (96)
inches in width that is designated by an additional sign
proportionall)' designed and lettered, "Van Accessible". (See
Figure 2A). It is an affirmative defense to this subsection that
at least one (1) space in every off-street parking area and no
fewer than one (1) in every eight (8) spaces designated for use
by vehicles transporting persons with disabilities is a minimum
of 132 inches wide with a 60 inch wide access aisle (See Figure
2B);
8. designate each parking space designated for the exclusive use
of vehicles transporting persons with disabilities with an above-
ground sign, permanently mounted on a sign post directly in
front of the parking space or affixed to a wall in front of the
parking space that is within six feet (6') of the front line of the
parking space. When the parking space is a parallel parking
space, the sign may be mounted on a sign post adjacent to the
parking space. The signs shall be at least twelve (12) inches
wide and eighteen (18) inches high, displaying at least the
international symbol of access. The bottom edge of each sign
shall be located no closer than six (6) feet and no higher than
eight (8) feet from the surface of the parking area;
9. The standards in section 8-3-3 apply to new construction and to
restripping or resurfacing of a parking area on and after the
effective date of this ordinance. An existing parking area shall
comply with the standards in section 8-3-3 provided however
City enforcement of the standards shall commence on July 1,
1996.
C. CONFLICTS
In the event any of the standards in this section conflict with
State or Federal law, the more restrictive standard shall apply
unless otherwise preempted by State or Federal law.
D. OFFENSES; PRESUMPTIONS; RECIPROCITY
1. A person commits an offense if the person parks, stands,
or stops a vehicle which displays a disabled parking
placard so that any portion of the vehicle is in any
portion of a parking space or area designated specifically
for persons with disabilities if the person is neither
disabled nor transporting a person with a disability.
2. A person commits an offense if the person parks, stands
or stops a vehicle not displaying a disabled parking
placard so that any portion of the vehicle is in any part
of a parking space or area designated specifically for
individuals with disabilities.
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3. A person comndts an offense if the person parks, stands
or stops a vehicle so that the vehicle blocks or obstructs
an architectural improvement designed to aid persons
with disabilities, including an access or curb ramp.
4. A person commits an offense if the person lends a
disabled parking placard issued to the person to another
person knowing that such person intends to use the
placard in violation of this section.
5. In a prosecution under this section, it is presumed that
the registered owner of the motor vehicle is the person
who parks, stands or stops the vehicle at the time and
place the offense occurred.
6. This section applies to a parking space or area for
persons with disabilities on public and private property.
7. A private property owner or a person who controls
property used for parking commits an offense if such
person fails to designate and maintain parking spaces
and parking areas for the exclusive use of vehicles
transporting persons with disabilities as required by
Section 8-3-3(B).
8. It is the policy of the City for purposes of enforcement
of this section to recognize the designation of any
vehicle used to transport persons with disabilities when
such vehicle is so designated by any state of the United
States or by a state or province of a foreign country, in
accordance with the law of that state or country. It is an
affirmative defense to prosecution under this section that
the vehicle was marked for the transportation of persons
with disabilities in accordance with the law of the state
or country in which the vehicle is registered or in
accordance with the laws of the, state or country political
subdivision where the registered owner resides; provided,
said vehicle was in fact transporting a person with
disabilities.
E. PENALTY
]. An offense under this section is a Class C misdemeanor.
Except as provided by subdivisions (2)-(6) of this
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subsection, an offense under this section is punishable by
a fine of no less than $100 or more than $200.
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 $200 or more than
$300.
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 fine of not less than $300 or more than
$400.
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 fine of not less than $400 or more than
$500.
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 $500.
6. An offense under this section is punishable by a sentence
of community service not to exceed 100 hours."
SECTION 2. That all provisions of the Code of Ordinances of the City of Coppell,
Texas, in conflict with the provisions of this ordinance be, and the same are hereby,
repealed and all other provisions not in conflict with the provisions of this ordinance shall
remain in full force and effect.
SECTION 3. That should any word, phrase, paragraph, section or portion of this
ordinance or the Code of Ordinances, as amended hereby, beheld to be void or
unconstitutional, the same shall not effect the validity of the remaining portions of said
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ordinance or the Code of Ordinances, as amended hereby, which shall remain in full force
and effect.
SECTION 4. An offense committed before the effective date of this ordinance is
governed by the prior law and the provisions of the Code of Ordinances, as amended, in
effect when the offense was committed and the former law is continued in effect for this
purpose.
SECTION 5. That any person, firm, or corporation violating any of the provisions of
this ordinance or the Code of Ordinances as amended hereby, shall be guilty of a
misdemeanor and upon conviction in the Municipal Court of the City of Coppell, Texas,
shall be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00) for each
offense; and each and every day such offense is continued shall constitute a new and
separate offense.
SECTION 6. That this ordinance shall become effective from and after its passage
and the publication of the caption, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on this the
,-,: day of . i, ~ ~ ~' , 1996.
AGG07947
APPROVED:
TOM MORTON, MAYOR
ATFEST:
LINDA GRAU, CITY SECRETARY
APPROVED AS TO FORM:
P'ET~R G. SMI~,,CITY AITORNEY
(PGS/JCM/lm 2/19/96)
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