(a) Parking spaces provided by the town for certain disabled persons.
(1) All onstreet parking and all publicly owned and operated parking facilities over which the town has jurisdiction must be provided by the town with a minimum number of specially designed and marked motor vehicle parking spaces for the exclusive use of those severely physically disabled individuals who have permanent mobility problems that substantially impair their ability to ambulate and who have been issued a disabled parking permit pursuant to the provisions of division (d) of this section or of Section 320.0848, Florida Statutes. The amount of parking spaces to be provided, and the specific circumstances in which the parking shall be provided is, as set forth in division (a)(2) of this section.
(2) The following minimum number of such parking spaces shall be provided:
(A) For publicly maintained and operated parking facilities intended for public use, the number of parking spaces for disabled persons as set forth in the following table:
Required Number of Total Parking
Accessible Spaces in Lot
Up to 25 1
26 to 50 2
51 to 75 3
76 to 100 4
101 to 150 5
151 to 200 6
201 to 300 7
301 to 400 8
401 to 500 9
501 to 1,000 2% of total
Over 1,000 20 plus 1 for each 100 over1,000
However, when parking spaces are leased at such publicly maintained and operated parking facilities, the number of parking spaces for disabled persons shall be increased or decreased on demonstrated and documented need. A minimum of four parking spaces for disabled persons shall be provided at a physical restoration rehabilitation center or a hospital.
(B) One space shall be provided for each 150 metered onstreet parking spaces.
(C) One space in the immediate vicinity of a building which houses a governmental entity, if no parking is provided on the premises of the building.
(3) Such parking spaces shall be designed and located as follows:
(A) All spaces shall have accessible thereto a curb-ramp or curb-cut, when necessary to allow access to the building served and shall be located so that users will not be compelled to wheel behind parked vehicles.
(B) Diagonal or perpendicular parking spaces shall be a minimum of 12 feet wide.
(C) Parallel parking spaces shall be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces shall be of a height which will not interfere with the opening and closing of motor vehicle doors.
(4) Each such parking space shall be prominently outlined with paint and posted with a permanent above-grade sign of a color and design approved by the Florida Department of Transportation, bearing the international symbol of accessibility and the caption “PARKING BY DISABLED PERMIT ONLY.”
(5) It is unlawful for any person to stop, stand, or park a vehicle within any such specially designated and marked parking space provided in accordance with this section, unless such vehicle displays a disabled parking permit issued pursuant to the provisions of division (d) of this section or of Section 320.0848, Florida Statutes, and such vehicle is transporting a person eligible for the disabled parking permit.
(6) Whenever a law enforcement officer or a parking enforcement specialist finds a vehicle parked in violation of this division, that officer shall enforce the provisions of sub-section (a)(5). However, any person who is chauffeuring a handicapped person shall be allowed, without need for an identification parking permit, to momentarily park in any such designated parking space for the purpose of loading or unloading such handicapped person. No penalty shall be imposed upon the driver for such momentary parking. (§ 316.1955, Fla. Stat.)
(b) Parking spaces provided by private property owners for certain handicapped persons.
(1) Any business, firm or other person licensed to do business with the public may provide specially designed and marked motor vehicle parking spaces for the exclusive use of physically disabled persons who have been issued disabled parking permits pursuant to the provisions of division (d) of this section or of Sections 316.1958 or 320.0848, Florida Statutes. The minimum number of such parking spaces shall be as provided in division (a)(2)(A) above.
(2) Each such parking space shall conform to the requirements of division (a)(3) above and shall be posted and maintained with a permanent, above-grade sign bearing the international symbol of accessibility or the caption “PARKING BY DISABLED PERMIT ONLY,” or bearing both such symbol and caption. All handicapped parking spaces must be signed and marked in accordance with the standards adopted by the Department of Transportation.
(3) Any person who parks a vehicle in any parking space is guilty of a traffic infraction, punishable as provided in § 30-43.1, unless such vehicle displays a handicapped person disabled parking permit issued pursuant to the provisions of division (d) of this section or of Sections 316.1958, 320.084, 320.0842, 320.0843, 320.0845, or 320.0848, Florida Statutes, and such vehicle is transporting a person eligible for such parking permit. However, any person who is chauffeuring a handicapped person shall be allowed, without need for an identification parking permit, momentary parking in any such designated parking space for the purpose of loading or unloading such handicapped person. No penalty shall be imposed upon the driver for such momentary parking.
(4) Any law enforcement officer or parking enforcement specialist shall enforce the provisions of division (b)(3) above. (§ 316.1956, Fla. Stat.)
(c) Owner assumed to be responsible for parking violations. Whenever evidence shall be presented in any court of the fact that any automobile, truck, or other vehicle was found to be parked in a properly designated handicapped parking space in violation of the provisions of division (a) or (b) of this section, it shall be prima facie evidence that the vehicle was parked and left in the space by the person, firm, or corporation in whose name the vehicle is registered and licensed according to the records of the Florida Division of Motor Vehicles. (§ 316.1957, Fla. Stat.)
(d) Out-of-state vehicles bearing handicapped identification. Motor vehicles displaying a special license plate or parking permit issued to a handicapped person by any other state or district subject to the laws of the United States shall be recognized as a valid license plate or permit, allowing such vehicle the special parking privileges allowed pursuant to the provisions of division (a) or (b) of this section, provided such other state or district grants reciprocal recognition for handicapped residents of this state. (§ 316.1958, Fla. Stat.)
(e) Handicapped parking enforcement. The provisions of this section shall be enforced by the town enforcement authorities, whether on public or private property, in the same manner as is used to enforce other parking laws and ordinances of this town. (§ 316.1959, Fla. Stat.)
(f) Exemption of vehicles transporting certain disabled persons from payment of parking fees and penalties. The town shall not exact any fee for parking on the public streets or highways or in any metered parking space from the driver of a vehicle which displays a parking permit issued pursuant to Section 320.0848, Florida Statutes, or a license plate issued pursuant to Sections 320.084 or 320.0842, Florida Statutes, if such vehicle is transporting a person eligible for such parking permit or license plate; nor shall the driver of such vehicle transporting such person be penalized for parking, except in clearly defined bus loading zones, fire zones, or in areas posted as “No Parking” zones.
('75 Code, § 16-26.4) (County Ord. 79-31, passed 11-8-79; Town Ord. 80-10, passed 5-27-80; Town Ord. 94-07, passed 1-18-95)