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The Chief of Police of the City of Lawrence is hereby authorized and empowered to grant to physically impaired persons, as defined herein, the right to park vehicles for periods not to exceed 12 hours at any one time on streets and in areas where parking is limited but not prohibited by ordinance, including spaces set aside for the purpose in parking areas of public access or resort.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) PHYSICALLY HANDICAPPED PERSON. Any person certified by a qualified physician to be disabled in a manner rendering it impossible or difficult and burdensome for him or her to walk.
(2) PHYSICALLY IMPAIRED PERSON. One who is a physically incapacitated person or a physically handicapped person as defined herein.
(3) PHYSICALLY INCAPACITATED PERSON.
(a) Any person having an ambulatory defect of 85% or more and having a valid operator’s license issued by the State of Indiana; and
(b) Any person eligible for a handicapped special registration plate as provided in I.C. 9-18-22-1.
(B) Any person eligible for special privileges under this section who does not have a handicapped registration plate may request issuance of a card signed by the Chief of Police certifying that the holder thereof meets the requirements of this section, and the card shall be kept in his or her personal possession and be exhibited upon request to any police officer.
(C) The vehicle of any person authorized as above, when parking pursuant to this section, shall either have a special handicapped vehicle registration plate issued pursuant to I.C. 9-18-22-1 or carry a sticker conspicuously displayed at all times, which sticker shall be issued by the Chief of Police, indicating the right to park under the provisions of this section. The Chief of Police may limit the privilege granted to certain areas or streets and may impose other restrictions as he or she may deem necessary.
(D) The unauthorized possession or use of the card and/or sticker is hereby declared a violation of this section and subject to a penalty of $100.
(E) The Board of Public Works and Safety of the City of Lawrence is hereby authorized and empowered to grant to physically impaired persons the exclusive use of parking space adjacent to or directly across the street from their residence and/or place of employment, subject to the rules and regulations as the Board of Public Works and Safety may prescribe, in areas where that parking is otherwise permitted and not restricted, in the manner provided herein.
(F) (1) Any person eligible for special privileges under this section shall present to the Board of Public Works and Safety a written application on a form furnished by the Board for a permit entitling that person to the exclusive use for a period of one calendar year from date of issue of one parking space adjacent to or directly across the street from the applicant’s place of residence and/or one parking space adjacent to or directly across the street from the applicant’s place of employment. The application shall include a certificate by a qualified physician verifying that the applicant is a physically impaired person as defined in this section. The application for parking at a place of employment shall include evidence of approval by the employer.
(2) If the applicant seeks parking space across the street from his or her place of residence and/or employment, he or she shall also present written consent from the owner or tenant of the real estate in front of which the applicant’s parking space will be located. The written consent will be on a form approved by the Board of Public Works and Safety.
(G) (1) Upon receipt of the written application, the Board of Public Works and Safety shall, within a reasonable time, grant or deny the permit so applied for, subject to the following conditions.
(a) No applicant shall be granted a permit for more than one reserved space adjacent to or directly across the street from his or her place of residence and one reserved space adjacent to or directly across the street from his or her place of employment.
(b) No applicant shall be granted a permit who has access to off-street parking at his or her place of residence and/or place of employment; with the exception that the Board of Public Works and Safety may in its discretion grant a permit to an applicant who is able to demonstrate that the location of the off-street parking renders it unduly burdensome for him or her to utilize same.
(c) Each permit granted pursuant to the provisions of this section shall be assigned an identification number.
(2) Upon the grant of the permit, the Board of Public Works and Safety shall:
(a) Issue to the applicant a reserved space permit with an identification number;
(b) Mark the space(s) reserved by distinctive painting on the curb;
(c) Install a sign restricting use of the space to the permit holder only, which sign shall show thereon the holder’s permit number; and
(d) Upon request by the permit holder, authorize construction of one curb ramp within the reserved area, at the permit holder’s expense.
(3) From and after the granting of the permit, the permit holder shall:
(a) Display the reserved space permit in the windshield of any vehicle used by the permit holder and parked in the reserved space; and
(b) Promptly notify the Board of Public Works and Safety when he or she will no longer regularly use the parking space(s) allocated to the permit because of a change of condition, residence, employment or other circumstances.
(4) Any failure by a permit holder to comply with the above requirements shall be grounds for refusal by the Board of Public Works and Safety to issue the permit to the person thereafter, to revoke the permit prior to expiration or to make the issuance of further permits subject to reasonable conditions.
(H) Parking of a vehicle by any person in a space reserved hereunder without a visible permit showing the parking to be authorized shall be unlawful and shall subject the owner and/or driver of the vehicle so parked to a penalty of $125 for the first violation and $250 for each subsequent violation.
(Am. Ord. 10, 2013, passed 8-21-2013)
I.C. 9-18-22-1 was repealed by P.L. 198, sec. 298, effective July 1, 2016. Similar legislation (I.C. 5-16-9) was enacted by P.L. 198, sec. 13, effective July 1, 2016.