(A) The Common Council finds that the fine currently charged by the city for individuals who improperly park in handicapped parking places is insufficient to deter non-handicapped individuals from parking the handicapped parking spaces.
(B) I.C. 5-19-9-9 allows a city to enforce an ordinance regulating the standing or parking of motor vehicles in spaces reserved for persons with physical disabilities so long as the ordinance does not conflict with state law.
(1) The City of Washington, by passage of this section adopts the provisions set forth in I.C. 5-16-9-1 through 5-16-9-10 and also pursuant to I.C. 9-21-1-3 and 9-21-18-4.
(2) That the within section shall be applicable to the regulation of parking on all city streets and also on private shopping centers and business property where the owner or lessee of that private business property or shopping center has agreed that the city may regulate parking of vehicles and traffic at the shopping center and/or private business property.
(3) The purpose of this section is to regulate parking in spaces reserved for individuals with physical disabilities and to permit motor vehicles displaying an unexpired parking permit for a person with a physical disability, an unexpired disabled veteran's registration plate, or an unexpired registration plate or decal for a person with a physical disability issued under the laws of another state to stand or park in a space reserved for a person with a physical disability but only when the vehicle is being used to transport a person with a physical disability.
(4) It shall be a violation for any person to park a motor vehicle which does not display a placard of a person with a physical disability or a disabled veteran issued under I.C. 9-14-5 or under the laws of another state or a registration plate of a person with a physical disability or a disabled veteran issued under I.C. 9-18-18, I.C. 9-18-22 or under the laws of another state, in a parking space reserved under this section for a vehicle of a person with a physical disability.
(5) It shall be a violation for a person to knowingly park in a parking space reserved for a person with a physical disability while displaying a placard to which neither the person nor the person's passenger is entitled.
(6) It shall be a violation for a person to display for use in a parking space reserved for a person with a physical disability, a placard or special license plates that was not issued under I.C. 9-14-5, I.C. 9-18-18, I.C. 9-18-22, or under the laws of another state.
(7) It shall be a violation for a person who, in a parking space reserved for a person with a physical disability, parks a vehicle that displays a placard or special registration plate entitling a person to park in a parking space reserved for a person with a physical disability if that person is not, at that time, in the process of transporting a person with a physical disability or disabled veteran.
(8) It shall be a violation for an owner or lessee of a motor vehicle to park a motor vehicle in a parking space in a parking facility reserved for the use of persons with physical disabilities if that motor vehicle does not display an unexpired parking permit for a person with a physical disability issued under I.C. 9-14-5; an unexpired disabled veteran's registration plate under I.C. 9-18-18; an unexpired registration plate or decal for a person with a physical disability under I.C. 9-18-22; or an unexpired parking permit for a person with a physical disability, an unexpired disabled veteran's registration plate, or an unexpired registration plate or a decal fro a person with a physical disability issued under the laws of another state.
(9) It is a defense that I.C. 9-30-11-8 applies to the violation.
(10) It is a defense that the motor vehicle was the subject of an offense described in I.C. 35-43-4 at the time of the violation.
(11) The City Police Department shall be empowered to enforce this section and to issue citations to individuals believed to have violated the section.
(12) The penalty for a violation shall be $50 per violation, which shall be made payable to the City of Washington.
(13) The Clerk-Treasurer is hereby designated as the Violations Clerk for purpose of this section.
(Prior Code, § 72.50) (Ord. 4-96, passed 5-13-1996; Am. Ord. 3-2010, passed 2-22-2010) Penalty, see § 72.99