(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER. It is the intent of this subchapter to define a driver as the person that is operating or has the care, custody or control of the motor vehicle at the time of this violation.
HANDICAP PARKING SPACE. Any space contained within a public parking area that is clearly designated by signs either vertically and/or horizontally, reserved for parking a motorized vehicle containing a physically disabled person.
PUBLIC PARKING. Any area that is accessible from a public street, which is by design and/or construction, used primarily for the purpose of parking motor vehicles.
(B) (1) Any driver who parks a motor vehicles which does not have displayed a placard or a registration plate of a person with a physical disability or a disabled veteran, issued under IC 9-18-18, IC 9-18-22 or under the laws of another state, in a parking space specifically reserved for persons with a physical disability, is in violation of this section.
(2) Any driver who parks a motor vehicle in a parking space reserved for a person with a physical disability that is not transporting a physically disabled person at that time is in violation of this section, regardless of IC 9-18-18 or IC 9-18-22.
(C) (1) This section shall be enforced by all persons empowered by the Police Chief to enforce local ordinances, and a person enforcing this ordinance may issue a complaint and summons for a violation as allowed by IC 5-16-9-10.
(2) It shall not be a defense that the vehicle was unattended at the time of this violation. If the vehicle is unattended at the time of the violation, the responsibility rests solely on the registered owner of the vehicle regardless of who was operating the vehicle at the time of the violation.
(3) If the vehicle is registered to a business or corporation, at the time of the violation, the responsibility rests on the assigned driver of the vehicle. If it cannot be readily determined who was the assigned driver of the vehicle at the time of the violation, the responsibility rests solely with the CEO (Chief Executive Officer) or the person responsible for vehicle assignments.
(4) If the vehicle is registered to a leasing company or a rental company and the driver cannot be readily determined at the time of the violation, the responsibility rests with the leasing agent or rental agent.
(Ord. 042094, passed 5-4-94; Am. Ord. 100798B, passed 10-21-98)