(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DRIVER. The person that is operating or has the care, custody or control of the motor vehicle at the time of the violation.
HANDICAP PARKING SPACE. Any space contained within a public parking area that is clearly designated by signs either vertically and/or horizontally, reserved for parking a motorized vehicle containing a physically disabled person.
PUBLIC PARKING. Any space that is accessible from a public street, which is by design and/or construction, used primarily for the purpose of parking motor vehicles.
(B) Any driver who parks a motor vehicle which does not have displayed a placard or a registration plate for a person with a physical disability or a disabled veteran, issued under I.C. 5-16-9-1 et seq. and 9-18.5 et seq. or under the laws of another state, in a parking space specifically reserved for persons with a physical disability, is in violation of this section.
(C) Any driver who parks a motor vehicle in a parking space reserved for a person with a physical disability that is not transporting a physically disabled person at the time is in violation of this section, regardless of I.C. 5-16-9-1 et seq. and 9-18.5 et seq.
(D) This section shall be enforced by all persons empowered by the City Marshal to enforce local ordinances, and a person enforcing this section may issue a complaint and summons for a violation as allowed by I.C. 5-16-9-10.
(E) It shall not be a defense that the vehicle was unattended at the time of the violation. If the vehicle is unattended at the time of the violation, the responsibility rests solely on the registered owner of the vehicle regardless of who was operating the vehicle at the time of the violation.
(F) If the vehicle is registered to a business or corporation at the time of the violation, the responsibility rests on the assigned driver of the vehicle. If it cannot be readily determined who was the assigned driver of the vehicle at the time of the violation, the responsibility rests solely with the chief executive officer (CEO) or the person responsible for vehicle assignments.
(G) If the vehicle is registered to a leasing company or a rental company and the driver cannot be readily determined at the time of the violation, the responsibility rests with the leasing agent or rental agent.
(Prior Code, § 58-217) (Ord. 96-21, passed 8-12-1996) Penalty, see § 72.99