HomeMy WebLinkAboutCity of Tamarac Ordinance O-1977-035Introduced by: �%"a_
Rev 10/41 f
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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.
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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
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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
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