(A) Any other provision to the contrary notwithstanding, a motor vehicle bearing a decal in its front windshield issued by the County Clerk pursuant to appropriate county ordinances for handicapped persons, when operated by a handicapped person or when transporting a handicapped person, may be parked in a designated handicapped parking place, or when parked in a metered parking space may be parked for two hours for no fee, or when parked where any parking limit is imposed may be parked for two hours in excess of the parking limit. The motor vehicle may be parked in a loading zone for that period of time necessary to permit entrance or exit of the handicapped person to or from the parked vehicle, but in no circumstances longer than 30 minutes.
(B) This section shall not permit parking in a “no stopping” or “no parking” zone nor where parking is prohibited for the purpose of creating a fire lane or to accommodate heavy traffic during morning, afternoon or evening hours, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.
(C) A physically handicapped person may hereafter submit application to the Chief of Police or his representative for a designated on-street handicap parking space.
(1) The applicant shall meet all the following criteria to qualify for a designated on-street handicap parking space:
(a) The applicant must provide proof of a handicap license plate pursuant to KRS 186.042; or a disabled veteran license plate pursuant to KRS 186.041; or a special handicap parking permit issued by the Kenton County Clerk pursuant to KRS 189.456 (permanent disability only).
(b) The applicant should own an automobile and possess a valid operator's license.
(c) The applicant must provide a copy of the deed showing ownership of the parcel of property to which the on-street handicap parking space will abut or, if the residence is rented, the applicant must provide written authorization from the owner indicating there is no objection to the on-street handicap parking space.
(d) The applicant's residence must either lack off-street parking, or the applicant's disability must render any available off-street parking inaccessible or impractical for the applicant's use (i.e. the applicant is unable to traverse steps and use of the off-street parking would require the applicant to use steps to access his/her residence).
(e) The proposed on-street handicap parking space must not interfere with public safety and other necessary public services.
(f) Only one designated parking space will be allowed per property.
(2) Application and approval. The following procedural guidelines shall be observed when making application for an on-street handicap parking space:
(a) A completed application form shall be submitted to the Chief of Police or his representative. All supporting documentation shall be submitted at the time of application.
(b) The application and supporting documentation will be reviewed by the Chief of Police or his representative to ensure compliance with the criteria as contained in division (A) of this section. As necessary, the Chief of Police may consult with the Director of Public Works, Fire Chief, or City Administrator in reviewing an application.
(c) A decision to approve or deny a request will be made in writing to the applicant within 14 calendar days after receipt of application by the city and shall be signed by the Mayor or his designee.
(d) If an application for on-street handicap parking space is approved, the city may charge a reasonable fee up to $50 or the actual cost of the sign and post to applicants for designated parking spaces before final processing of an application will occur.
(3) Installation and use.
(a) Upon receipt of an approved application, the city Public Works Department will install a handicap parking sign and may mark the boundaries of the parking space with painted lines at each end in order to designate the on-street handicap parking space. A designated parking space shall not be more than 23 feet in length.
(b) A designated space approved and marked in accordance with this ordinance is not reserved for the exclusive use of the applicant. Any handicapped person having the proper handicap designation on their vehicle may utilize an on-street handicap parking space. Only vehicles without the proper handicap parking designation will be ticketed.
(c) Vehicles parked in designated on-street handicap parking spaces shall be subject to all local ordinances and state statutes governing the parking of vehicles on the street where the handicap space has been designated.
(4) Space renewal/expiration and removal.
(a) All on-street handicap parking space designations granted under this ordinance shall expire on December 31 of each year. If the applicant has not reapplied to the Chief of Police within 30 days after said expiration to provide proof that the on-street handicap parking designation remains warranted, the designation will be removed, public works may remove the sign and any markings and, if the applicant wants to keep the designation, the application will be handled as a new application under this section. There shall be no fee to re-apply if the application is received by January 30.
(b) On-Street handicap parking spaces will be removed if the applicant moves or otherwise vacates the residence for more than 90 days.
(5) Non-residential designated handicap parking. Public buildings, churches, schools, and places of assembly shall also be eligible to apply for an on-street handicap parking space. Such requests shall be considered by the City Council on a case by case basis.
(6) Appeals.
(a) If the Chief of Police denies an application for a designated parking space, the applicant may appeal this denial to the Hearing Board (established under § 72.60) by filing a notice of appeal with the Chief of Police, within 30 days after the date of denial.
(B) If an applicant fails to appeal a denial by the Chief of Police within the time frames set forth herein, such denial or decision shall not be subject to further review. An applicant who is denied a designated parking space under this section may not re-apply for such a space for a period of 12 months after the date of denial or if such denial is appealed, 12 months after the date when a final decision is rendered in the appeal.
('88 Code, § 72.12) (Am. Ord. 2017-12, passed 6-19-17) Penalty, see § 72.99