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Editor's note(s)—Section 18-113.2, prohibiting parking in spaces reserved for the handicapped derived from Ord. No. 235-78, § 1, adopted Sept. 21, 1978, was repealed by § 1 of Ord. No. 188-83, adopted Oct. 6, 1983.
State law references(s)—Penalty for violation, KRS 189.990.
(1) Any vehicle parked in a designated handicapped parking slot on a public street or in an off-street parking facility offered for public use as defined in KRS 189.396 in violation of KRS 189.456 is, if unoccupied, declared to be a hazard which endangers the safety of handicapped individuals.
(2) Any police officer or safety officer of the urban county government or any parking control officer employed by or otherwise under the control of the Lexington and Fayette County Parking Authority is authorized to cause such illegally parked vehicle to be removed and impounded as provided in section 18-112 herein.
(Ord. No. 70-86, § 1, 5-1-86; Ord. No. 329-2005, § 8, 12-13-05)
(1) For purposes of this section, the following terms shall have the following meanings unless the context requires otherwise:
(a) International symbol of accessibility shall mean the stylized wheelchair stick figure drawn in white on a blue background or in blue on a white background as adopted by the 1969 Eleventh World Congress on Rehabilitation of the Disabled in Helsinki, Finland, and copies of which are available in the division of building inspection.
(b) Person shall mean the owner, developer, or manager of any building described in the current Kentucky Building Code.
(2) A designated accessible parking space in any parking area other than a public street shall be marked permanently with a metal, vinyl, or durable wood sign the dimensions of which are at least twelve (12) inches by eighteen (18) inches and which is attached to a pole at least sixty (60) inches, measured from the bottom of the sign, above the ground; provided, however, that the sign may be affixed to any wall immediately adjacent to a sidewalk which abuts a handicapped parking space. All accessible parking space signs shall be marked with the international symbol of accessibility.
(a) In area with "van accessible space," the additional space or aisle located beside the accessible parking space shall be painted with yellow, white, or blue hash lines and No Parking Anytime.
(b) Compliance with section (2)(a) will be required of all new development and subsequent re-developments. For all existing parking lots and structures, compliance will be required at the time that they are resurfaced, restriped, or remodeled/reconfigured.
(3) This section shall apply to all buildings described in the current Kentucky Building Code. Regulations regarding number and size of designated accessible parking spaces and their dimensions are set out in the current Kentucky Building Code.
(4) Any person failing to provide or maintain required accessible parking space signs or any person failing to provide or maintain the required van accessible parking additional space or aisle painting shall be fined not less than ten dollars ($10.00) nor more than one hundred dollars ($100.00) for each missing or non-maintained sign or aisle painting; any person failing to provide the number of accessible parking spaces required in the current Kentucky Building Code shall be fined as required in KRS 198B.990(1). Appeal of a citation for missing or nonmaintained accessible parking signs or aisle painting shall be taken pursuant to sections 18-174 and 18-175 of the Revised Code of Ordinances.
(5) Parking in an accessible aisle designated as No Parking Anytime is prohibited. Any person who shall violate this section shall be subject to the fine in section 18-166(i).
(a) When signs, permanent or temporary, are erected or placed, or otherwise designated giving notice of restricted parking within the limits of the urban county, no person shall park a vehicle in any such place so designated.
(b) Any vehicle parked in violation of subsection (a) above is declared to be a public nuisance and any police officer of the urban county government or any parking control officer employed by or otherwise under the control of the Lexington and Fayette County Parking Authority is authorized to cause the same to be removed to and impounded in a depository named by the urban county government for such purpose.
(c) A charge of three dollars ($3.00) shall be paid to the urban county government in addition to any fine which may be imposed, and all storage and hauling charges must be paid for the release of such impounded vehicle. If the vehicle was towed and impounded due to outstanding unpaid parking citations, the procedures for such impoundments set forth in article XII of this chapter shall apply.
(Ord. No. 48-70, § 1, 3-26-70; Ord. No. 50-2002, §§ 1, 2, 3-7-02; Ord. No. 188-2003, §§ 2, 3, 7-10-03; Ord. No. 329-2005, § 9, 12-13-05)
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