Accessible Parking Ordinance

72.001     Definition

72.002     Accessible parking spaces required; specifications

72.003     Special parking permit

72.004     Parking with special permits for persons with a disability

72.005     Falsification of special parking permit; unauthorized use

72.006     Penalty

72.007     Enforcement
 


§ 72.001 DEFINITION.

For the purpose of this chapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.

ACCESSIBLE PARKING. Parking set aside for person with disabilities, which limit or impair the ability to walk.

PERSON WITH A DISABILITY. Any person who has a severe visual, audio, or physical impairment, including partial paralysis, lower limb amputation, chronic heart condition, emphysema, arthritis, rheumatism, or other debilitating condition which limits or impairs one's personal mobility or ability to walk.

PERSON WITH A TEMPORARY DISABILITY. Any person who has a severe temporary visual, audio, or physical impairment, including partial paralysis, heart condition, emphysema, arthritis, rheumatism, or other debilitating condition, which limits or impairs one's personal mobility defined in KRS 186.042.

(1994 Jeff. Code, § 72.01) (Jeff. Ord. 4-1979, adopted and effective 3-27-1979; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)

§ 72.002 ACCESSIBLE PARKING SPACES REQUIRED; SPECIFICATIONS.

(A) All owners of off-street parking facilities intended for public use shall have a number of level parking spaces as set forth in the following table, with each space identified by an above grade sign as reserved for accessible parking. Each reserved parking space shall be so designated by striping and shall be either 12 feet wide or eight feet wide with five-foot attached designated walkway. The five-foot adjacent walkway may be contiguous to, and shared by, two eight-feet wide parking spaces. Either on or affixed to each above grade sign required by this subsection shall be a clearly visible warning that states the maximum fine according to state law.

(B) The number of accessible spaces shall be as follows:

Total Parking Spaces Required Number of
in Lot Accessible Spaces

0 to 3 Optional

4 to 25 1

26 to 50 2

51 to 75 3

76 to 100 4

101 to 150 5

151 to 200 6

201 to 300 7

301 to 400 8

401 to 500 9

501 to 1,000 2% of total

Over 1,000 20 plus 1 for each 200 over 1,000

(C) Accessible parking spaces for a person with a disability or a temporary disability shall be located as close as possible to elevators, ramps, walkways, and entrances. Parking spaces shall be located so that the person with a disability or a temporary disability is not compelled to wheel or walk behind parked cars to reach entrances, ramps, walkways and elevators.

(1994 Jeff. Code, § 72.02) (Jeff. Ord. 4-1979, adopted and effective 3-27-1979; Jeff. Am. Ord. 4-1986, adopted and effective 5-13-1986; Jeff. Am. Ord. 27-2002, adopted and effective 10-8-2002; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005) Penalty, see § 72.006

§ 72.003 SPECIAL PARKING PERMIT.

Pursuant to state law, the Jefferson County Clerk shall issue a qualified person with a disability or a temporary disability an accessible parking placard. The Jefferson County Clerk is hereby authorized to formulate rules and regulations necessary to implement the accessible parking permit program.

(1994 Jeff. Code, § 72.03) (Jeff. Ord. 4-1979, adopted and effective 3-27-1979; Jeff. Am. Ord. 4-1986, adopted and effective 5-13-1986; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)

§ 72.004 PARKING WITH SPECIAL PERMITS FOR PERSONS WITH A DISABILITY.

Any other provision to the contrary notwithstanding, a motor vehicle bearing an accessible parking placard when operated by a person with a disability or a temporary disability or when transporting a person with a disability or a temporary disability may be parked in an accessible parking place or when parked where any parking limit is imposed may be parked for two hours in excess of such parking limit. Such motor vehicle may be parked in a loading zone for that period of time necessary to permit entrance or exit of the handicapped person from the building or entrance or exit of a person with a disability or a temporary disability from the parked vehicle, but in no circumstances longer than 30 minutes. This subchapter shall neither permit parking in a no stopping or no parking zone nor where parking is prohibited for the purpose of creating a fire lane or to accommodate heavy traffic during morning, afternoon, or evening hours, nor permit a motor vehicle to be parked in such a manner as to constitute a traffic hazard.

(1994 Jeff. Code, § 72.04) (Jeff. Ord. 4-1979, adopted and effective 3-27-1979; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005) Penalty, see § 72.006

§ 72.005 FALSIFICATION OF SPECIAL PARKING PERMIT; UNAUTHORIZED USE.

(A) No person shall make any false statement in an application for an accessible parking permit.

(B) No person shall make, issue, or knowingly use any imitation or counterfeit of an accessible parking permit.

(C) No person shall display or cause or permit to be displayed upon any vehicle such permit knowing it to be fictitious or issued for another person.

(D) No unauthorized person shall knowingly possess an accessible parking permit for a person with a disability or a temporary disability.

(1994 Jeff. Code, § 72.05) (Jeff. Ord. 4-1979, adopted and effective 3-27-1979; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005) Penalty, see § 72.006

§ 72.006 PENALTY.

(A) Any person or business that violates § 72.002 shall be fined not less than $100 or more than $250. Each day that said person or business is in violation shall constitute a separate offense.

(B) An owner/lessor, be it a person or business, shall be deemed to be notified of the violation of § 72.002 30 days after the lessee of the property in question is notified by certified mail, return receipt requested, of said violations by any law enforcement agency or official charged with the enforcement of this subchapter.

(C) The owner of any vehicle parked in an accessible parking area without a duly issued permit shall be fined in accordance with state law.

(D) The owner of any vehicle marked with a special parking permit which is not being used for the benefit of a disabled or temporarily disabled person, or while being used for the benefit of a person with a disability or a temporary disability exceeds the time limit set out above, shall be fined in accordance with state law.

(E) The owner of any vehicle parked in an accessible parking area with an expired accessible parking permit shall be fined not less than $100 nor more than $250.

(1994 Jeff. Code, § 72.06) (Jeff. Ord. 4-1979, adopted and effective 3-27-1979; Jeff. Am. Ord. 4-1986, adopted and effective 5-13-1986; Jeff. Am. Ord. 27-2002, passed 10-8-2002; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)

§ 72.007 ENFORCEMENT.

Enforcement of this subchapter shall be by citation issued by sworn peace officers, duly elected constables of the Jefferson County, Metro Government, or PARC.

(1994 Jeff. Code, § 72.07) (Jeff. Ord. 4-1979, adopted and effective 3-27-1979; Jeff. Am. Ord. 4-1986, adopted and effective 5-13-1986; Lou. Metro Am. Ord. No. 64-2005, approved 5-17-2005)§ 72.001 DEFINITION.