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Home My WebLink About8518-94 Amending Article 9 Chapter 20 Mobility Entitled Handicapped Parking Reserved Space Parking ORDINANCE No. 8518-94 Passed by the Common Council of the City of South Bend, Indiana. July 11, 19 94 Attest: City Clerk IRENE K. GAMMON Attest: .//6 President of Common Council Presented by me to the Mayor of the City of South Bend, Indiana— July 12, 94 19 City Clerk IRENE K. GAMMON Approved and signed me 1/ 13 9 p�' 8n by 9 e Mayor 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 the employer has exhausted all efforts at providing parking for the individual. Lc.1 Upon receipt of such written application, the Board shall, within a reasonable time grant or deny the permit applied for, subject to the following conditions: in No applicant shall be granted a permit for more than one reserved space adjacent to or directly across the street from the applicant's place of employment. No applicant shall be granted a permit if it can be demonstrated that the applicant has failed to exhaust other parking opportunities which are comparable in distance to the applicant's place of employment. No applicant shall be granted a permit unless the applicant's employer provides the board with information that the applicant's employer is unable to provide the applicant with any other parking opportunities comparable to that which the City is able to provide in terms of distance from the applicant's place of employment. The burden is on the applicant and the applicant's employer to demonstrate to the Board that the applicant's employer is unable to provide the applicant with a parking area that adequately meets the needs of the applicant. No applicant shall be granted a permit without first demonstrating to the Board that the individual is a full-time employee. Each permit granted pursuant to the provisions of this section shall be assigned an identification number. Upon the grant of such permit, the Board shall: D Issue to the applicant a reserved space permit with an identification number. Install a sign restricting the use of the parking area to the permit holder only, which sign shall show thereon the holder's permit number. Order that the signage for the reserved space parking area contain the hours for which the parking area shall be designated as a reserved space parking area. The number of reserved space parking areas shall be limited to a total of two (2) spaces on each side of any one city block. Sec. 20-113.2 Issuance of Permit. fal From and after the granting of such permit, the permit holder shall: ill Conspicuously display the reserved space permit in the windshield of any vehicle used by the permit holder and parked in the reserved space. Promptly notify the Board if there is any change in the permit holder's employment situation so as to allow the Board the opportunity to determine whether or not the permit holder remains entitled to the reserved space. Q Notify the Board of any change in the permit holder's status as a physically disabled person within five (5) days of such a change in status. Any failure by a permit holder to comply with the above requirements shall be grounds for the Board to revoke this reserved space permit. time, request that the reserve space permit holder present evidence to the Board that the permit holder is engaged in full-time employment and is still employed at the same location that appears on the permit holder's application. The Board shall assess a monthly fee to be assessed for the use of a reserved space parking permit. This monthly fee shall be commensurate to the administrative cost of enforcing this Section. j The terms and provisions of this Section shall not apply outside of the Central Business District of the City of South Bend. Nothing in this Section shall be construed to require the City to create reserved space parking arcs in on-street locations where parking is otherwise prohibited or limited to a duration of time less than one (1) hour. Sec. 20-113.4. Penalties. The parking of a vehicle by any person in a space reserved hereunder during the hours such space is reserved without a visible permit showing such parking to be authorized shall be fined fifty dollars ($50.00). Continuing violations under this section shall constitute a separate offense and be punishable by a separate penalty for each infraction. Section II. This Ordinance shall be in full force and effect from and after its adoption by the Common Council, approval by the Mayor, and legal publication. 4/JAL 4(.440. Me ber of the Common/`i cil atmn ntt#rr Irpurt Mu to tie Comecon Moonlit of ti[e (UV of ifrout17 rnd: of the Whole Your Committee to whom was referred BILL NO. 65-94 SECOND READING ON A BILL OF THE SOUTH BEND COMMON COUNCIL AMENDING ARTICLE 9 OF CHAPTER 20 OF THE SOUTH BEND MUNICIPAL CODE, ENTITLED MOBILITY 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. Respectfully report that they have examined the matter and that in their opinion This bill has been recommended to the Council favorable., as amended by substitution. NOTE: Section 20-113. 1 (b) First sentence amended. Section 20-113. 2 (a) (3) Add a new sub-section. Chairman Roland Kelly au: \�� o City of South Bend �„ �I--''\'.„/(.,-� �C Joseph E. Kernan. Mayor `NI„ 1865rY'f Department of Law Richard A. Nussbaum, II, City Attorney July 11, 1994 Ms . Ann Puzzello Common Council President Fourth Floor County-City Building South Bend, IN 46601 RE: DISABLED PARKING ORDINANCE Dear Ms . Puzzello: Pursuant to the Council' s discussion in the afternoon caucus session on July 11, 1994, I would propose the following two amendments to Ordinance Number 65-94 . The first sentence in Section 20-113 . 1 (b) would be amended to read as follows : Any person eligible by virtue of a physical or mental disability for special privileges under this section shall present to the Board a written app- lication, on a form furnished by the Board, for a permit entitling that person to the exclusive use for a period of one calendar year from the date of issue of one parking space adjacent to or directly across the street from the applicant' s place of em- ployment . The second amendment I would propose is to add a new subsection which would be found at 20-113.2 (a) (3) and would read as follows: (3) Notify the Board of any change in the permit holder' s status as a physically disabled person within five (5) days of such a change in status. Thank you for your consideration of these matters. 1400 County-City Building•South Bend,Indiana 46601.219/235.9241 •TDD(219)235-5567 Thomas L. Bodnar John E.Broden Anne E.Bruneel Aladean M.DeRose Jeffrey M.Jankowski Jenny Pitts Manley Robert C.Rosenfeld • P i A cerel /1" Ai o r . :r.-- - A•.sistan City Attorney