(A) Defined. DISABLED PARKING SPACES are those parking spaces marked as required by state statutory requirements, whether on private property or public property, including streets.
(B) Use. The use of any disabled parking space shall be unlawful except for those persons parking vehicles being operated by or for a person with disabilities, which vehicles display:
(1) A valid disabled parking placard issued pursuant to Tex. Transportation Code Ch. 681;
(2) A valid license plate issued pursuant to Tex. Transportation Code § 504.201 or § 504.202; or
(3) A license plate or placard that:
(a) Bears the international symbol of access; and
(b) Is issued by a state or by a state or province of a foreign country to the owner or operator of the vehicle for the transportation of a person with a disability.
(C) Enforcement.
(1) The Chief of Police is authorized to appoint persons to have authority to file a charge against a person who commits an offense under Tex. Transportation Code Ch. 681.
(2) A person appointed under this section must:
(a) Be a United States citizen of good moral character who has not been convicted of a felony;
(b) Take and subscribe to an oath of office that he or she will faithfully perform the duties assigned; and
(c) Successfully complete a training program of at least four hours in length developed by the Police Department.
(3) A person appointed under this section:
(a) Is not a peace officer;
(b) Has no authority other than the authority applicable to a citizen to enforce a law other than this chapter; and
(c) May not carry a weapon while performing duties under this section.
(4) A person appointed under this section is not entitled to compensation for performing duties under this section, or to indemnification from the city or the state for injury or property damage the person sustains, or liability the person incurs, in performing duties under this section.
(5) Neither the city nor the state are liable for any damage arising from an act or omission of a person appointed under division (C)(1) in performing duties under this section.
(a) Application. This section and Tex. Transportation Code § 681.011 apply to a parking space or area for persons with disabilities on private property that is designated in compliance with the identification requirements referred to in Tex. Transportation Code § 681.009(b).
(b) Offenses, penalties. Offenses are defined and penalties are provided for by Tex. Transportation Code § 681.011.
(c) Towing. Any vehicle not displaying the proper disabled license plate, tag or device may be towed from a handicapped parking space defined by division (A) of this section, at the expense of the owner of that vehicle, and may be impounded until all towing and storage charges are paid.
(Ord. 346, passed 2-16-2015)