(A) Disabled persons may make application with the city administrative officer or his or her designee for a disabled on-street parking space. A disabled on-street parking space may be issued if the city administrative officer or his or her designee finds that:
(1) (a) Local ordinance or state statutes do not prohibit parking on the street;
(b) Notwithstanding the above, a disabled on-street parking space may be designated in front of a driveway area when the driveway is no longer used as a driveway by the applicant.
(2) The applicant resides at the given address on a permanent basis;
(3) The applicant has submitted documentation completed by a licensed physician certifying that the applicant is a person who:
(a) Cannot walk two hundred (200) feet without stopping to rest;
(b) Cannot walk without the use of or assistance from a brace, cane crutch, another person, prosthetic device, wheelchair or other assisting device;
(c) Is restricted by lung disease to the extent that the person’s forced respiratory and expiratory volume for one (1) second, when measured by spirometry is less than one (1) liter, or the arterial oxygen tension is less than sixty (60) mm/hg on room air at rest;
(d) Uses portable oxygen;
(e) Has a cardiac condition to the extent that the person’s functional limitations are classified in severity as Class III or Class IV according to standards set by the American Heart Association; or
(f) Is severely limited to their ability to walk due to an arthritic neurological or orthopedic condition.
(4) (a) The applicant does not have adequate off-street parking for one (1) vehicle;
(b) For purposes of this section, “adequate off-street parking” means parking sufficient to allow the applicant reasonable ingress and egress to and from the applicant’s vehicle from its parked location to the applicant’s residence in consideration of the physical structure of the area where the vehicle is parked.
(5) There is no existing disabled on-street parking space approved at the applicant’s address;
(6) A car is registered at the applicant’s address;
(7) A licensed driver resides at the applicant’s address; and
(8) The address at which the applicant is seeking a disabled on-street parking space is located within or fronting a residential zoning district.
(B) All designations of disabled on-street parking spaces shall expire annually on June 30, and may be renewed annually thereafter by written request and approval of the city administrative officer or his designee.
(C) The applicant or his or her agent is responsible for notifying the city administrative officer or his or her designee of any change in the applicant’s residency, the termination of the need for the space if the need no longer exists, or any other changes in the applicant’s status or health that would disqualify applicant for a disabled on-street parking space.
(D) The applicant shall submit a fee of fifty dollars ($50) upon completion of the initial application, including temporary disabled on- street parking spaces. Disabled on-street parking spaces renewed through the city’s annual renewal process shall not be assessed a fee. Individuals who cannot afford the fee may sign a sworn affidavit affirming that they are financially usable to pay the fee. Upon signing such affidavit, the fee may be waived by the city administrative officer.
(E) The city administrative officer or his or her designee shall render a decision to approve or deny an application for a disabled on- street parking space within thirty (30) days of the date that the application is submitted.
(F) The mayor shall appoint a hearing officer who will have the power to conduct hearings relating to grievances concerning the issuance or denial of on-street disabled parking permits. An aggrieved applicant desiring to file an appeal of the city administrative officer’s decision shall have thirty (30) days to file an appeal to the hearing officer. The hearing officer shall schedule a hearing within sixty (60) days of the date that the appeal is filed and he or she shall render a decision within fourteen (14) days of the date of the hearing. The decision of the hearing officer shall be final. Any appeal from the hearing officer by any interested party shall be made to a court of competent jurisdiction within thirty (30) days of the hearing officer’s decision.
(Ord. 91-11-3, passed 12-11-91; Am. Ord. 93-11-1, passed 12-29-93; Am. Ord. 97-9-4, passed 11-25-97; Am. Ord. 2004-02-01, passed 3-10-04; Am. Ord. 2004-08-03, passed 9-8-04; Am. Ord. 2004-11-02, passed 12-8-04)