(A) The city and owners of private property open to public use may designate parking zones and spaces to be used exclusively by vehicles displaying a special license plate for a person with a disability, or a special card as prescribed in Idaho Code 49-410. Any parking zones and spaces so designated shall conform to the following requirements.
(1) Parking will conform to the requirements of Federal Pub. Law No. 101-336, Americans with Disabilities Act of 1990, being 42 U.S.C. §§ 12101 et seq.
(2) One parking space shall be designated for every 35 spaces available on each downtown street block. These parking spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for use by a person with a disability shall conform to the Federal Americans with Disabilities Act. All accessible parking spaces shall be near curb cuts and ramps for wheelchair and other mechanical device usage. For the purposes of this section, the term DOWNTOWN means the business center of the city as designated by the City Council. The term STREET BLOCK means that portion of a city street between consecutive parallel intersections.
(3) For each designated parking space or area, there shall be posted immediately adjacent to, and visible from each stall or space, a sign, which is at least 36 inches above the ground, consisting of the international accessibility symbol as shown in Idaho Code 49-410.
(4) Should the city desire to modify any of the requirements of divisions (A)(1) or (A)(2) of this section, the City Council may do so by ordinance, after complying with the following requirements.
(a) The City Council, or any other body designated by the City Council by ordinance, shall receive a recommendation from a board, commission or committee created in conformity with Idaho Code 50-210, of which at least one-half of the members shall be persons with a disability as defined in Idaho Code 49-117.
(b) The city shall cause notice of public hearing on the proposed ordinance modifying the standards specified in divisions (A)(1) or (A)(2) above, to be published in a newspaper of general circulation in the city at least 14 days before the public hearing.
(B) Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in division (A)(3) above, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or card or temporary card for a person with a disability is displayed on the vehicle.
(C) Law enforcement officials are empowered to enter upon private property open to public use to enforce the provisions of this section.
(Prior Code, § 6-2-12) Penalty, see § 71.99