§ 72.028 HANDICAPPED PARKING.

   The Chief of Police is hereby authorized and empowered to enforce handicapped parking designations on public streets and in areas where parking is limited but not prohibited by ordinance, including spaces set aside for such purposes in parking areas of public access or resort including grocery store, shopping center and restaurant parking lots.

   (A)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      (1)    PHYSICALLY HANDICAPPED PERSON. Any person certified by a qualified physician to be disabled in a manner rendering it impossible or difficult and burdensome for him or her to walk.

      (2)    PHYSICALLY INCAPACITATED PERSON.

         (a)   Any person having an ambulatory defect of 85% or more and having a valid operator's license issued by the State of Indiana; and

         (b)   Any person eligible for a handicapped special registration plate as provided under state law.

      (3)    PHYSICALLY IMPAIRED PERSON. Any physically incapacitated person or a physically handicapped person as defined herein.

   (B)   The vehicle of any person authorized as above, when parking pursuant to this section, shall either have a special handicapped vehicle registration plate issued pursuant to I.C. 9-7-4.1-1 or carry a sticker or card conspicuously displayed at all times.

   (C)   The unauthorized possession or use of such card and/or sticker is hereby declared a violation of this section and subject to a penalty of $25 to be enforced as provided by the general penalty provisions of this code.

   (D)   Parking of a vehicle by any person in a space reserved hereunder without a visible permit or special registration plate showing such parking to be authorized shall be unlawful and shall subject the owner and/or driver of the vehicle so parked to a penalty of $25 for the first violation and $50 for each subsequent violation, and all penalties are to be enforced as provided by the general penalty provision of this code.

   (E)   Sections 72.040 through and including 72.046 shall apply unless there be specific conflict, and in that instance § 72.028 shall prevail and apply.

(Ord. 32-92, passed 11-23-92; Am. Ord. 18-2008, passed 11-10-08; Am. Ord. 17-2009, passed 1-11-10)