Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-1977-035Introduced by: �%"a_ Rev 10/41 f 1 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. �2- �;1735 ORDINANCE AMENDING SECTION 18-7, HANDICAPPED PARKING SPACE, AND SECTION 18-8, ENFORCEMENT, OF CHAPTER 18, OFF STREET PARKING AND LOADING, OF THE TAMARAC CITY CODE, REPEALING ALL ORDI- NANCES IN CONFLICT; PROVIDING A SAVINGS CLAUSE, PROVIDING AN EFFECTIVE DATE. WHEREAS, it is the desire of the City Council of the City of Tamarac to amend Section 18-7 and Section 18-8 of Chapter 18, Off Street Parking and Loading, in order to provide for the safety and welfare of its handicapped people, and WHEREAS, the City Council of the City of Tamarac wishes to establish minimum requirements and locations for handicap parking spaces, and WHEREAS, the City Council of the City of Tamarac washes to be certain that the established minimum requirements and locations for handicap parking spaces are properly protected and adhered to in all developments. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That Section 18-7 of Chapter 18, Off Street Parking and Loading, shall be amended as follows: Section 1.8-7. Handicapped Parking Spaces. (a) General Requirements - All applicable State and Federal Laws and City of Tamarac Ordinances relating to parking spaces for certain disabled persons in all public and private parking areas greater than ten (10) spaces including minimum dimensions, require- ments, location and posting of signs shall be adhered to on all proposed developments and parking facilities which require revisions. (b) Minimum Standards - The following standards represent the minimum requirements for any handicapped parking space required pursuant to this Ordinance. 1. Location - All spaces shall be placed in the immediate vicinity of the major entrance(s) to the building(s) with accessibility to curb - ramp (minimum of one (1) to twelve (12) foot slope) or curb -cut, and shall be located so that users will not be compelled to wheel behind parked vehicles. 2. Minimum Dimension - Diagonal or perpendicular parking spaces shall be a minimum of twelve (12) feet wide and twenty (20) feet deep. 3. Striping and signage - Each such space shall be outlined with a color of paint and posted with a sign of a color and design approved by the Department of 'Transportation with the internationally accepted wheel chair symbol placed on a post or wall centered at the back of the parking space at eye level. 4. Minimum amount of parking spaces - A minimum of one (1) handicapped space shall be designated in all parking areas greater than ten (10) spaces. One (1) additional space shall be required for each thirty (30) spaces thereafter. 2- 5. Vehicles permitted to occupy s aces - Only vehicles with plates imprinted with designated H.P., DV, or with the internationally accepted wheelchair symbol may use these spaces. 6. Failure to com2ly with this Ordinance - All parking areas which are not now in compli- ance with this Ordinance shall within six (6) months after notification by Tamarac Police Department comply with said Ordinance. Upon failure, neglect or refusal to comply with the provisions of this Ordinance, the violator shall be subject to the penalties of Section 2(E). The City Council, upon application of the owner to the Council, may waive the requirements of this section, wherein the Council finds undue hardship by reason of unnecessary, unreasonable, or impossibility by the owner to comply with the parking provisions. The cost or expense of installing handicapped parking spaces shall not be considered as cause for hardship. SECTION 2: That Section 18-8 of Chapter 18, Off Street Parking and Loading, shall be amended as follows: Section 18-8. Enforcement. (a) Enforcement - Any unauthorized person parking in a handicap space is guilty of a traffic infraction. (b) Ticketing Procedure - Vehicles parked in violation of this section shall be ticketed by the Tamarac Police Department, said ticket to be affixed to the windshield of the offending vehicle. The owner or operator of said vehicle shall appear at the Tamarac Police Department within seventy-two (72) hours and pay a penalty in accordance with the following Schedule: (c) Penalty - A charge of $5.00 shall be assessed for the first violation of this section. Any - 3 - repeat violation by the same owner, however, shall be assessed as follows: (1) Second violation $10.00 (2) Third violation $15.00 (3) Fourth violation $20.00 (4) Fifth violation and each violation thereafter $25.00 In the event of failure of owner or operator to pay such penalty as set forth above, an officer of the Tamarac Police Department shall issue a citation and "Notice to Appear". (d) Refusal to accept and sign Citation or "Notice to Appear" - Any person who willfully refuses to accept and sign a citation or "Notice to Appear" issued pursuant to this section shall be guilty of a separate violation and that person may be arrested by any law enforcement officer of the City of Tamarac. (e) Failure or refusal__to pay penalty - It shall be unlawful for any person to refuse or fail to pay any penalty assessed for a violation of this section and that person shall be guilty of a separate violation. A penalty of not more than Five Hundred Dollars ($500.00) shall be assessed against any person who shall refuse or fail to pay a penalty assessed for violation of this Ordinance. SECTION 3: All ordinances or parts of ordinances in conflict herewith are repealed to the extent of such conflict. SECTION 4: Should any section or provision of this Ordinance or any portion thereof, or any paragraph, sentence or word be declared by a Court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof other than the part declared to be invalid. SECTION 5: This Ordinance shall become effective immediately upon its final passage. PASSED FIRST READING this ��day of ,1977. PASSED SECOND READING this day of ATTEST: CI1Y CLERK I HEREBY CERTIFY that I have approved the form and correctness of this ORDINANCE ATTO Y u I 1 911 IuEvEllV ,1977. Flu�'Vlg OF COUNCIL VOTE t'k V/M I!. C/'%1 rj. C/M I. M. DISR;'L.I.LY _...... C/M M. KLIKA -5-