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HomeMy WebLinkAboutOrdinance-1981-0451INTRODUCED BY COUNCIL MEMBER PIERQ ORDINANCE NO. 451 Series of 1981 TITLE: AN ORDINANCE AMENDING SECTION 12-2. MODEL TRAFFIC CODE AMENDMENTS, ADDITIONS, MODIFICATIONS AND DELETIONS, OF THE CODE OF LAWS OF THE CITY OF WHEAT RIDGE BY REPEALING ORDINANCE NO. 436 PREVIOUSLY ENACTED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, AND BY ADDING TO SECTION 12-2 AMENDMENTS TO SECTION 12- 3, PARKING PRIVILEGE FOR THE HANDICAPPED OF "THE MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES" 1977 EDITION, PREVIOUSLY ENACTED BY THE CITY OF WHEAT RIDGE, AND PROVIDING A PENALTY FOR VIOLATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO: Section 1: Ordinance 436, previously enacted on January 12, 1981, by the City Council of the City of Wheat Ridge is hereby repealed in its entirety. Section 2: Section 12-2. Model Traffic Code--Amendments, Additions, Modifications and Deletions, is hereby amended by adding thereto the following additional provisions: "12-3. Section 12-3 shall be modified by deleting therefrom the existing Section 12-3 and substituting in its place the following: 12-3. Parking for Persons with Mobility Handicaps. (a) Any motor vehicle with distinguishing license plates or an identifying placard obtained by a person with a mobility handicap as prescribed by law, may be parked in a parking space identified as being reserved for use by the handicapped whether on public property or private property available for public use; or in any public parking area along any public street in one or two hour time limit zones or at parking meters during hours parking is permitted regardless of any time limitation imposed upon parking along such streets. (b) It shall be unlawful for persons with mobility handicaps to be parked along public streets, or in designated parking spaces on public or private property: (1) During such times when all stopping, standing, or parking of all vehicles is prohibited; (2) When only special vehicles may be parked; (3) When parking is not allowed during specific periods of the day in order to accommodate heavy traffic. (c) The owner of private property available for public use may install signs prescribed by the City Traffic Engineer identifying parking spaces designed to specifications of the City Traffic Engineer and reserved for use by the handicapped. Such installations shall be a waiver of any objection the owner may assert concerning enforcement of this Section by officers, or parking control persons, and said persons are hereby authorized and empowered to enforce this Section of the Code. ORDMA.~C- ',0. 451 (d) It shall be unlawful for any person who does not have a mobility handicap to exercise the parking privilege defined in this Section. (e) It shall be unlawful for any motor vehicle without distinguishing license plates or any identifying placard obtained by a person with mobility handicap as prescribed by law to be parked in a parking space idenitified as being reserved for use by the handicapped. Section 3: Notwithstanding any other provision of the Model Traffic Code, the penalty resulting from conviction of a violation of this Sec .on , or any subpart thereof, shall be a fine of not less than $50.00, nor more than $300.00. In enforcing this Section 12-3, the Municipal Court shall not have the authority to suspend all or any part of any fine for violation hereof so as to result in a fine of less than $50.00, it being the interest of the City Council of the City of Wheat Ridge that this Section 12-3 be strictly and diligently enforced so as to provide adequate parking for persons with mobility handicaps free from interference by those not so handicapped. Section 4: It is the intent of the City Council of the City of Wheat Ridge that the modifications herein shall apply to all property, whether public or private, and shall be enforceable on all such property, whether public or private, within the City of Wheat Ridge, Colorado. Section 5: Safety Clause. The City Council hereby finds, determines and declares that this ordinance is promulgated under the police power of the City of Wheat Ridge; that it is promulgated for the health, safety and welfare of the public and that this ordinance is necessary for the preservation of health and safety for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to these objectives. Section 6: Severability. If any clause, sentence, paragraph, or part of this ordinances or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Section 7: This ordinance shall take effect one day after final publication. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to 1 this 23rd day of Marc 1981; ordered published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for April 1_3 1981, at 7:30 o'clock p.m., at Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. READ, ADOPTED, AND ORDERED PUBLISHED on second and final reading by a vote of YJ to 1 this 13ti; day of April , 1981. SIGNED by the Mayor on this 15ch day of April 1981. Frank Stites Mayor ATTEST: Carol F. Hampf, City( erk 1st publication: Mar. 26, 19-61 APPROVED AS TO FORM BY 2nd publication: April 23, 1981 OFFICE OF,CITY ATTORNEY: Effective Date: Agri Published: Uheat Ridne Sentinel , _