(a) Residential Handicapped Parking.
(1) As used in this section a “physically handicapped person” or a “physically disabled person” means an individual who:
A. Possesses a valid WV handicap registration plate or removable windshield placard, and;
B. Requires constant use of oxygen supplemental equipment or,
C. Is confined to a wheelchair or,
D. Requires constant use of a walker, cane, or other device for mobility.
(2) Application for a personal residential handicapped parking space permit shall be made on proper form to the City of Moundsville. City Council, or its designee approved by majority vote of Council, shall have full discretionary powers as to the issuance or denial or any request. Each permit granted shall be valid for a period of one (1) year commencing from the date of approval, or earlier if the applicant shall no longer meet the criteria for issuance of a permit.
(3) Such permits shall only be granted to a “physically handicapped person” or a “physically disabled person” as defined herein, who has no alternative means for off-street parking. In addition thereto, City Council or its designee shall grant or deny such request after considering:
A. The extent of the applicant’s disability;
B. The length of time the applicant will leave the vehicle without operating the vehicle; and
C. The impact upon the applicant’s neighborhood.
(4) Should an applicant disagree with a decision made by Council’s designee, the applicant may appeal the same to City Council, upon written notice filed with the City Manager within thirty (30) days of the designee’s decision.
(b) Public Handicapped Parking.
(1) Free stopping, standing or parking places shall be designated in close proximity to all State, County, and Municipal buildings and other public facilities, and shall be marked with the words “reserved for disabled persons”, or with words or symbols of like import. Such places shall be reserved solely for physically disabled and handicapped persons during the hours that such buildings are open for business.
(2) In addition, the City Manager and the Chairman of the Traffic Safety Committee may designate any other parking space upon the streets, alleys, or rights of way of the City as limited to public handicapped parking only.
(3) Any person whose vehicle properly displays a valid handicap placard or valid handicap registration plate may park said vehicle for a period of no more than two hours; provided, that this privilege does not mean that the vehicle may park in any zone where stopping, standing or parking is prohibited or which creates parking zones for special types of vehicles or which prohibits parking during heavy traffic periods during specified rush hours or where parking would clearly present a traffic hazard. To the extent any provision of any ordinance of the City is contrary to the provisions of this section, the provisions of this section shall take precedence and shall apply.
The privileges provided for in this subsection shall apply only during those times when the vehicle is being used for the transportation of a physically handicapped or disabled person. No person shall knowingly exercise, or attempt to exercise, such privileges at a time when the vehicle is not being used for the transportation of a physically handicapped or disabled person.
(4) No person shall stop, stand, or park a motor vehicle in an area designated, zoned or marked for the handicapped or physically disabled, and no person shall stop, stand or park any motor vehicle at special, clearly marked, parking locations provided for the handicapped or physically disabled in or on privately owned parking lots, parking garages or other parking areas, when such person is not physically disabled or handicapped and does not have displayed upon his vehicle a distinguishing insignia for the handicapped issued by the Commissioner of Highways; provided, that any person, as defined by this section, may stop, stand or park a motor vehicle not displaying a distinguishing insignia for the handicapped or physically disabled for the limited purposes of loading or unloading his handicapped or physically disabled passenger; provided, however, that such vehicle shall be promptly moved after the completion of such limited purposes.
(5) All handicapped parking spaces that are established by the City Manager and the Chairman of the Traffic Safety Committee shall be kept on file and reviewed on an annual basis by the City Manager and the Chairman of the Traffic Safety Committee concerning their continued validity.
(Passed 12-1-09)