OR 87-386 Regulations of parking facilities for disabled AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 87386
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING CHAPTER 8
OF THE CODE OF ORDINANCES OF THE CITY OF COPPELL BY ADDING THERETO
A NEW SECTION PROVIDING REGULATIONS OF PARKING FACLIITIES FOR THE
PURPOSE OF ASSISTING DISABLED PERSONS; PROVIDING A REPEALING CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO HUNDRED DOLLARS ($200.00) FOR EACH OFFENSE
AND DECLARING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. ADDING NEW SECTION 8-3-3 TO CHAPTER 8 OF THE CITY CODE
OF ORDINANCES TO PROVIDE FOR THE REGULATION OF
PARKING FACILITIES FOR THE PURPOSE OF ASSISTING DISABLED
PERSONS
Chapter 8 of the Code of Ordinances of the City of Coppell is hereby amended
by adding thereto a new Section 8-3-3 to read as follows:
HANDICAPPED PARKING ORDINANCE - Page 1
Sec. 8-3-3 PARKIflG FOR THE DISABLED
A. Mandatory designation of parking spaces, etc., for disabled persons
in existing off-street parking areas and in off-street parking areas
to be built after the effective date of this ordinance.
1. The owner or operator of an off-street parking area which
contains twenty six (26) or more parking spaces shall designate
parking spaces for the exclusive use of vehicles transporting
disabled persons in the number required by the following
formula:
Number of Parking Spaces
Required to be Designated
On-site for Vehicles Transporting
Parking Spaces Disabled Persons
0-25 0
26-50 1
51-100 2
101-150 3
One additional space for disabled persons shall be required
for each additional one hundred (100) parking spaces or any
portion thereof.
Each parking space shall be at least thirteen (13) feet wide.
Each parking space shall have an aboveground sign designating
the space for vehicles transporting disabled persons only,
which designation shal] consist of a sign permanently mounted
on a sign post adjacent to said parking space or the sign may
be attached to the wall immediately in front of the parking
space or spaces so designated if said wall is within three
feet (3') of the front line of the disabled parking space and
upon each of said signs shall be displayed the international
symbol of access (a profile view of a wheelchair with
occupant) The face of said posted sign shall be no less than
one and one ha]f (11/2) feet long by one foot high. The
bottom edge of the posted sign shall not be closer than three
(3) feet to the sidewalk, asphalt or pavement in which the
post or wall is anchored and not higher than five (5) feet
from said sidewalk, asphalt or pavement.
2. When the owner or operator of a vehicle parking area is
required by this ordinance to provide parking spaces for
vehicles transporting disabled persons, the owner or operator
of the vehicle parking area shall provide incline ramps from
the parking area surface to the pedestrian walkway surface
in compliance with all applicable federal, state and local law
including rules promulgated by the State Purchasing and
General Services Commission (Article 601b V.T.C.S.). Each
inclined ramp not contained within a parking space designated
HANDICAPPED PARKING ORDINANCE - Page 2
for the disabled shall be marked by a sign on a post ¢,r the
sign may be attached to the wall immediately in front of the
inclined ramp designated for the disabled if said wall is within
three feet (3') of said inclined ramp and upon each sign shall
be displayed the international symbol of access for the
disabled (a profile view of a wheelchair with occupant). The
bottom edge of the posted sign shall not be closer than three
(3) feet to the sidewalk, asphalt or pavement in which the
post is anchored and not higher than five (5) feet froln the
sidewalk, asphalt or pavement.
3. No person shall park, stand, or stop a motor vehicle so as to
obstruct any inclined ramp which has been signed, designated
or posted as a ramp for the benefit of disabled persor~s.
B. COMPLIANCE REQUIRED BY dZ)C_j~./~ 1987.
1. The owner or operator of a parking area affected by this
ordinance and not in compliance with this ordinance on its
effective date, shah comply with the provisions hereDf by
~)c~rj.Z~.~/, __, 1987.
2. It shall be an affirmative defense to any prosecution against
an owner or operator of a parking area for a violation of
the City zoning laws that relate to a minimum number of
parking spaces for a particular use that such persons had met
the minimum number of parking spaces before the realig2ment
of the parking area to provide for disabled parking spaces
pursuant to this ordinance.
C. UNLAWFUL PARKING IN DESIGNATED SPACE; PRESUMPTIONS.
1. It shall be unlawful for any person to park a vehicle not
displaying a handicapped marker in a parking space designated
specifically for the disabled.
2. It shall be unlawful for any person to park a vehicle which
displays a handicapped marker in a parking space designated
specifically for the disabled if said person is neither
temporarily or permanently disabled nor transporting a
temporarily or permanently disabled person.
3. When any person is charged with a violation of this section,
proof that said vehicle as of the date of the offense alleged
is registered to the person charged with the offense shall
constitute prima facie evidence and a presumption that said
vehicle was parked by said person.
HANDICAPPED PARKING ORDINANCE - Page 3
4. The following definitions are established for purposes of this
section:
(a) "Handicapped marker" shall mean a specially designed
symbol, tab, disabled person identification card or other
device; obtained from a County Tax Collector pursuant
to Art. 6675a-5e.1 or from the City for the purpose
of marking a vehicle as one which transports the
handicapped, and properly displayed on a vehicle with
the tab or symbol on the license plate or the disabled
person identification card in the lower left hand side
of the front windshield.
(b) "Disabled" and "Disabled Person" shall mean a natural
person who has mobility problems that substantially
impair said person's ability to ambulate, or a person
who is legally blind. In this ordinance, "legally blind"
means having not more than 20/200 of visual acuity in
the better eye with correcting lenses, or visual acuity
greater than 20/200 but with a limitation in the field
of vision such that the widest diameter of the visual
subtends an angle no greater than 20 degrees.
(c) "Parking space designated specifically for the disabled"
shall mean any parking space which has markings or
signage which gives reasonable notice that the parking
space is reserved or meant for the use of vehicles
transporting permanently or temporarily disabled
persons, or handicapped persons, regardless of whether
the means of designating said parking space comply
with this ordinance or state law.
D. VIOLATION UNLAWFUL AND TOWING OF UNAUTHORIZED VEHICLE.
Violation of this section shall constitute a Class C Misdemeanor. The
police department is hereby authorized to have any vehicle parked in
violation of this section towed to the city pound at the expense of the
violator or owner of the vehicle if the violator is not the owner. It shall
also be unlawful for the owner or operator of a vehicle parking facility
subject to the terms of this section to violate this section.
E. RECIPROCITY.
The express purpose of this Code Section being the provision of sufficient
parking facilities for disabled persons, it is hereby declared the policy of
this city to recognize for purposes of enforcement of this ordinance the
designation of any vehicle used to transport a handicapped person which
vehicle is so designated by any state or political subdivision of the United
States in accordance with the law of that state or political subdivision.
Accordingly, it shall be an affirmative defense to prosecution under this
section that the vehicle was marked for the disabled in accordance with
the law of the location in which the vehicle is registered; provided said
vehicle was in fact transporting a disabled person when it parked in the
marked space.
HANDICAPPED PARKING ORDINANCE - Page 4
SECTION 2. REPEALING CLAUSE
All ordinances, or parts of ordinances, inconsistent or in conflict with the
provisions of this ordinance are hereby repealed.
SECTION 3. SEVERABILITY CLAUSE
If any article, paragraph or subdivision, clause or provision of this ordinance
shall be adjudged invalid or held unconstitutional, the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part so
decided to be invalid or unconstitutional.
SECTION 4. PENALTY CLAUSE
Any person, firm or corporation violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and, upon conviction, shall be punished by a
penalty of fine not to exceed the sum of Two Hundred Dollars ($200.00) for each offense,
and each and every day such offense is continued shall constitute a new and separate
offense.
SECTION 5. EFFECTIVE DATE
This ordinance shall take effect immediately from and after the publication of
its caption, as the law in such cases provides.
~DULY PASSED by the City Council of the City of Coppell, Texas, this the
//- day of ~ks~ /~ , 1987.
APPROVED:
OR
ATTEST:
APPROVED AS TO F~:
TTO EY
CO87-0613.1
HANDICAPPED PARKING ORDINANCE - Page 5