(a) The Chief of Police and Director of Public Works are hereby authorized and directed to designate by signs and additional markings as deemed necessary and reasonable, no less than a total of two places marked “Reserved for Disabled Persons” for free stopping, standing or parking, such areas to be located in close proximity to the City Building, Police Station and Fire Station and shall be reserved solely for physically disabled and handicapped persons during the hours that such buildings are open for business, and such areas shall be located in such a manner as to provide the maximum convenience for such disabled and handicapped persons as may, in the discretion of the Chief of Police and Public Works Director be appropriate. Such areas may be designated on streets or Municipal off-street parking lots as may be reasonable and appropriate.
(b) Any person whose vehicle properly displays a valid special registration plate, mobile windshield placard or decal, as issued by the Commissioner of the West Virginia Department of Motor Vehicles, may park such vehicle for unlimited periods of time in such parking areas reserved for physically disabled and handicapped persons, unrestricted as to length of parking time permitted, 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.
(c) The privileges provided for in this section, shall apply only during those times when the vehicle is being used for the transportation of a physically handicapped or disabled person. Any person who knowingly exercises or attempts to exercise such privilege at a time when the vehicle is not being used for the transportation of a physically handicapped or disabled person shall, upon conviction thereof, be fined not less than one hundred dollars ($100.00).
(d) No person may stop, stand or park a motor vehicle in an area designated or marked for the handicapped or physically disabled, 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 the West Virginia Department of Motor Vehicles, provided, that any person in the act of transporting a handicapped or physically disabled person as defined herein, may stop, stand or park a motor vehicle not displaying a distinguishing insignia for the handicapped in an area designated or marked for the handicapped or physically disabled only for the limited purpose of loading or unloading his handicapped or physically disabled passenger and, provided, however, that such vehicle shall be promptly moved after the completion of such limited purpose. Any person who violates the provisions of this subsection shall, upon conviction thereof, be fined one hundred dollars ($100.00). (Passed 2-8-96.)
(e) As used in this section, a physically handicapped person is any person who suffers from a permanent physical condition making it unduly difficult and burdensome for such person to walk.
(f) As used in this section, a physically disabled person means any person who has sustained a temporary disability rendering it unduly difficult and burdensome for such person to walk.
(g) Nothing contained herein shall prohibit the Chief of Police and Director of Public Works from designating and reserving additional areas for disabled and handicapped persons, on streets or Municipal parking lots as may, in their discretion, be reasonable and appropriate. All of the provisions of this section shall apply to all such places or areas designated and reserved for disabled and handicapped persons.
(h) In addition to the penalties provided for herein, a Municipal police officer shall have the authority to remove and impound, at the owner’s expense, any motor vehicle parked in violation of the provisions of this section.
(i) Each and every provision of this section shall also apply and extend to privately owned property which is open to public use, except it shall be the sole responsibility of the property owner to properly designate areas for motor vehicle parking for the handicapped and physically disabled. Nothing contained herein shall require owners of private property open to public use to designate parking areas for the handicapped and physically disabled.
(j) If any provision of this section shall be held invalid, such invalidity shall not affect the remaining provisions which can be given effect without the invalid provisions, it being the intention that all such provisions hereof are severable and not joint.
(Ord. 0-2-87. Passed 1-8-87.)