8518-94 Amending Article 9 Chapter 20 Mobility Entitled Handicapped Parking Reserved Space Parking

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ORDINANCE NO. 8 S IF -7 4 AN ORDINANCE OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 9 OF CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE, MOBILITY ENTITLED HANDICAPPED PARKING, ESTABLISHING A PROCESS BY WHICH DISABLED PERSONS MAY PETITION THE BOARD OF PUBLIC WORKS FOR A RESERVED SPACE PARKING PERMIT AUTHORIZING DISABLED PERSONS TO PARK ADJACENT TO OR DIRECTLY ACROSS THE STREET FROM THEIR PLACE OF EMPLOYMENT. Statement of.Purpose and Intent Presently, there are disabled person whose principal place of employment is in downtown South Bend and these disabled persons are sometimes unable to find parking adjacent to or in close proximity to their place of employment. The off-street parking lots and parking garages which are available are too great a distance from their place of employment and they are thus forced to resort to whatever parking is available on the downtown streets. However, parking in these on-street parking spaces is limited and only permitted for certain prescribed amounts of time. Further, whatever disabled parking spaces may be available on the streets in the downtown area are also limited to a fixed duration of time not exceeding two (2) hours. In order to accommodate these disabled persons who are unable to find parking spaces in close proximity to their principal place of employment, it is necessary to provide such persons with a mechanism by which they can petition the City of South Bend for reserved parking space permits in close proximity to their place of employment. NOW,THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF SOUTH BEND, INDIANA, as follows: Section I. Article 9 of Chapter 20 of the South Bend Municipal Code shall be, and hereby is amended to add a new Section, Section 20-113, which Section shall read in its entirety as follows: Sec. 20-113. Definitions. "Physically disabled person" as used in this section means any individual with a physical or mental impairment that substantially limits one or more of the major life activities of such individual as defined by the Americans with Disabilities Act. Full-time employee as used in this section means an individual who, pursuant to their employment relationship, works not less than thirty-five (35) hours per week. "Central Business District" as used in this Section shall have the same meaning as that definition employed at Section 2-76.1(a) (2) of the South Bend Municipal Code. Sec. 20-113.1 Authority. fa), The Board of Public Works for the City of South Bend is hereby authorized and empowered to grant to physically disabled persons the exclusive use of parking space adjacent to or directly across the street from their place of employment, subject to such rules and regulations the Board may prescribe in areas where such parking is otherwise permitted, in the manner provided herein. Any person eligible by virtue of a physical or mental disability for special privileges under this section shall present to the Board a written application, on a form furnished by the Board, for a permit entitling that person to the exclusive use for a period of one calendar year