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HomeMy WebLinkAboutORD 1981-072 ORDINANCE NO. 81-72 AN ORDINANCE AUTHORIZING THE DIREC- TOR OF PUBLIC WORKS OR A PERSON WHO OWNS OR CONTROLS PROPERTY USED FOR PARKING TO DESIGNATE PARKING SPACES OR PARKING AREAS FOR THE EXCLUSIVE USE OF VEHICLES TRANSPORTING TEMPO- RARILY OR PERM�INENTLY DISABLED PER- SONS AND TO PLACE SIGNS IN ACCOR- DANCE WITH AND PURSUANT TO TEX. REV. CIV. STAT. ANN. ART. 6675a-5e. 1; PROVIDING A PENALTY; PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section 1. That the Director of Public Works and Persons who own or control property used for parking are hereby author- ized to designate one (1) or more parking spaces , parking area, or parking areas for the exclusive use of vehicles transporting temporarily or permanently disabled persons as those terms are defined in Tex. Rev. Civ. Stat. Ann. Art. 6675a-Se.l and pur- suant to said Statute. Section 2. The Director of Public Works and Persons who own or control property used for parking shall designate the space, spaces , or area by posting in a conspicuous place signs that conform with the design and posting requirements of Sec- tion 5 of Art. 6675a-5e. 1 Tex. Rev. Civ. Stat. as follows : A. Non-Movable ; B. Permanently mounted on the top of a pole that sits at least five (5) feet in height above the ground; C. Reflects a profile view of a wheelchair with an occupant in white on a blue background; D. Size of sign shall be 12" wide x 18" high; E. Notice of penalty shall be set out in a separate sign (12" wide x 9" high) located immediately beneath the sign that depicts the wheelchair with the following language stated on that sign: PENALTY $50 TO $200 (City Ordinance # 81-72) F. Parking space (s) shall be at least 14 ' wide x 21 ' long. Section 3. All requirements of Art. 6675a-5e. 1 Tex. Rev. Civ. Stat. Ann. are to be complied with by the parties posting _ such signs relative to designation of parking spaces for the disabled and the posting of same. Section 4. Al1 vehicles parking in Designated Parking Spaces shall display the identification issued by the State Department of Highways and Public Transportation pursuant to Tex. Rev. Civ. Stat. Ann. Art. 6675a-5e. 1. Section 5. (a) A person commits an offense if the person is neither temporarily or permanently disabled nor transporting a temporarily or permanently disabled person and parks a vehicle with such special device or displaying a temporarily disabled . person identification card in any parking space or parking area designated specifically for the disabled. (b) A person commits an offense if the person parks a vehicle neither displaying the special device nor displaying a temporarily disabled person identification card in a parking space or parking area designated specifically for the disabled. {c) A person commits an offense if the person parks a vehicle so that the vehicle blocks an access or curb ramp or any other architectural improvement designed to aid the dis- abled. (d) An offense under this section is punishable by a fine of not less than $50 nor more than $200. Section 6. Penalty. Except in Section 5, which is pro- vided above, any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two hundred dollars ($200. 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs. Section 7. Severability. If any section, article, para- graph, sentence, clause, phrase, or word in this ordinance, or application thereto to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdic- tion such holding shall not affect the validity of the remain- ing portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 8. Emergency. The fact that no present ordi- nances of the City of Grapevine providing for the establish- ment of Designated Parking Spaces or Designated Parking Areas for the exclusive use of vehicles transporting temporarily or permanently disabled persons and to place signs according- ly, creates an urgency and an emergency and in the preserva- tion of the public health, safety, and welfare requires that this ordinance shall take effect immediately from and after its passage and the publication of the caption as the law and charter in such cases provides. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of November, 1981. APPROVED: w <���''� Mayor ATTEST: � City Secr a . APPROVED AS TO FORM AND LEGALITY: City Attorney