(a) Designation of accessible parking spaces. A person or political subdivision who owns or controls public or private property used for parking and who is subject to the Americans with Disabilities Act of 1991 must designate one or more parking spaces or a parking area for the exclusive use of vehicles transporting disabled persons by conforming such spaces to the parking space specifications in the Americans with Disabilities Act Accessibility Guidelines (ADAAG).
(1) Standards for accessible and "van-accessible" spaces. The ADAAG specifications are the standard by which all property owners offering public services, benefits or activities and/or places of public accommodation will be held responsible for in determining the following parking space requirements:
a. minimum number of required accessible spaces; .
b. location of spaces as related to building entrances;
c. width and slope of parking spaces and parking access aisles;
d. requirement of "van accessible" spaces and vertical clearance minimums.
(2) Provision of passenger loading zones; valet parking:
a. Where passenger loading zones are provided, then at least one shall comply with the ADAAG requirements with regard to the following:
1. vertical clearance requirements;
2. provision of access aisle(s) and width and length requirements;
3. necessity of curb ramps; and
4. slope requirements.
b. Valet parking facilities shall provide a passenger loading zone in compliance with the ADAAG regulations and located on an accessible route to the building entrance.
(3) Signage required; regulated by ADAAG:
a. Accessible parking spaces shall be designated as reserved by a sign showing the International Symbol of Accessibility as described in the ADAAG regulations.
b. Spaces complying with the "van-accessible" requirements shall have an additional sign "van-accessible" mounted below the symbol of accessibility.
c. Such signs shall be located so they cannot be obscured by a vehicle parked in the space and there must be a minimum of five (5) feet from pavement to the bottom of the sign.
d. Property owners subject to these provisions are responsible for acquiring and properly posting the conforming signs.
(4) Duty of property owners. Property owners shall acquire appropriate information necessary to conform parking spaces designated for the disabled to the requirements of this section and federal law.
(b) Offenses. It is unlawful to stop, stand, or park a vehicle:
(1) displaying neither a special license plate or disabled parking placard in parking space or area designated for the exclusive use of vehicles transporting disabled persons;
(2) displaying a special license plate or disabled parking placard in a parking space designated for the exclusive use of vehicles transporting disabled persons at a time when the driver is neither a disabled person nor engaged in transporting a disabled person;
(3) so as to block an aisle or clear space, access ramp, curb ramp or other architectural improvements designed to aid disabled persons.
(c) Removal of unauthorized vehicles. The owner of a parking facility, whether public or private, or any peace officer having jurisdiction within the corporate limits may remove or cause the removal of or issue a citation to any vehicle parked in violation of this section.
(d) Presumption-registered owners. In a prosecution under subsection (b) of this section, it is presumed that the registered owner of the motor vehicle that is the subject of the prosecution is the person who parked the vehicle at the time and place the alleged offense occurred.
(e) Definitions. As used in this section:
Disabled parking placard. The term “disabled parking placard” shall mean the placard issued by the Texas Department of Transportation or successor agency to a disabled person under state law.
Disabled person. The term “disabled person” shall mean a person who is permanently or temporarily disabled within the meaning of state law or within the meaning of the Americans with Disabilities Act, and who has applied for and received a special license plate or disabled parking placard from the Texas Department of Transportation or successor agency.
Special license plate. The term “special license plate” shall mean the symbol, tab, or other device issued by the Texas Department of Transportation or successor agency to a permanently disabled person under state law and designed for a vehicle transporting a permanently disabled person.
(f) Citation authority. All certified Texas peace officers, volunteer individuals authorized to issue citations for violation of disabled parking statutes and ordinances that are apponted by the City of Longview pursuant to Chapter 681 of the Texas Transportation Code, as amended, and security officers commissioned under Chapter 1702 of the Texas Occupations Code, as amended, that are employed by the owner of private property, shall have and possess authority to issue citations for violation of the provisions of this section and state statutes which apply to disabled parking violations. Persons other than certified Texas peace officers that are authorized by the City Council to issue citations pursuant to this section shall meet all of the requirements of state law, including the successful completion of a training program of at least four hours.
(g) Penalty. An offense under this section is a misdemeanor punishable by a fine as specified in V.T.C.A., Transportation Code § 681.011, as amended.
(Ord. No. 3030, § 2, 4-26-01; Ord. No. 3525, § 40, 6-14-07; Ord. No. 3597, §2, 8-21-08)