AN ORDINANCE AMENDING SECTION 16-369 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA,

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ORDINANCE NO. 026-19
AN ORDINANCE AMENDING SECTION 16-369 OF THE CODE OF ORDINANCES OF THE CITY OF OPELIKA, ALABAMA,
RELATED TO PARKING REGULATIONS FOR DISABLED INDIVIDUALS
WHEREAS, pursuant to Ordinance No. 117-14, adopted on June 7, 2014, the City
Council adopted parking regulations for disabled persons, the provisions of which have been codified as Section 16-369 of the Code of Ordinances of the City of Opelika (the “City Code”);
and
WHEREAS, the City Council deems it necessary to amend Section 16-369 of the City
Code to bring it into compliance with §32-6-233.1 of the Code of Alabama (1975, as amended);
and
WHEREAS, City staff has recommended amendments to Section 16-369 of the City
Code; and
WHEREAS, the City Council finds that the regulations herein adopted protect the health, safety and welfare of the general public.
NOW, THEREFORE, BE IT ORDAINED by the City Council (the “Council”) of the City of Opelika, Alabama (the “City”) as follows:
Section 1. Amendment. That Section 16-369 of the Code of Ordinances (the “Code”) of the City of Opelika, Alabama, is hereby amended to read as follows:
Sec. 16-369 Parking Regulations for Disabled Individuals
(a) Definitions.
Whenever in this section the following items are used, they shall have the meanings
respectively ascribed to them in this subsection:
“Access Aisle” shall mean the hash-marked or cross-striped space that is five feet or eight feet wide that is directly next to the assessible parking space. “Access aisle” also has the same definition as contained within the 2010 Accessible Design Standards within the ADA.
Accessible Parking” shall mean parking spaces or areas designated and intended for
persons with disabilities who have legally obtained handicapped plates, placards or decals and includes handicapped or disabled parking spaces or areas. The cross hatch area abutting an accessible parking space shall, for the purposes of this section, be considered part of the accessible parking space.
“City” shall mean the City of Opelika, Alabama.
“Distinctive Decal” shall mean license plate decal and special identification placard
displaying the international symbol of access thereby designating the driver of a vehicle or a passenger as being a handicapped person and which are issued by the Judge of Probate, License Commissioner or other authorized issuing authority of the state or any foreign state.
“Individual with long-term disability” shall have the meaning as ascribed in §32-6-230(1), Code of Alabama.
“Individual with a temporary disability” shall have the meaning as ascribed in §32-6-
230(2), Code of Alabama.
“Motor Vehicle” shall have the meaning as ascribed in §32-1-1.1(32), Code of Alabama.
“Vehicle” shall have the meaning as ascribed in §32-1-1.1(82), Code of Alabama.
(b) Designation of public parking spaces for persons with disabilities.
The City Engineer is hereby authorized and directed to set aside a reasonable number of
parking places within the central business district and in public parking areas to be used exclusively for the parking of motor vehicles transporting persons with disabilities.
(c) Designation of spaces in privately owned parking lots.
Businesses and privately owned facilities that provide goods or services have a
continuing ADA obligation to remove barriers to access in private parking lots. The
owners of said businesses and facilities are authorized, in accordance with ADA
regulations, to designate certain parking spaces in privately owned parking lots to be used for the parking of motor vehicles transporting persons with disabilities. The regulations require compliance with the 2010 Standards for Accessible Design, outlining minimum accessibility requirements for buildings and facilities. The parking spaces so designated
shall be subject to the same regulations as provided in this section. The cost of the sign and/or installation to designate such spaces for the disabled in privately owned parking lots shall be borne by the owner.
(d) Markings and Signs.
Each parking space reserved for disabled individuals shall be clearly and conspicuously
marked by a sign bearing the international wheelchair symbol. Installation of the sign
shall meet the requirements set out in the State Manual on Uniform Traffic Control
Devices. Any sign describing a special access parking or parking space may contain on
the sign or attached to the sign the amount of the fine for a parking violation for a first offense pursuant to subsection (h).
(e) Parking for Disabled Persons.
Disabled persons to whom distinctive license plates, decals or placards are issued shall be allowed to park in parking spaces designated for disabled persons. This section does not permit disabled persons to park in zones where stopping, standing or parking is either prohibited or time limited to all vehicles, or which are reserved for special types of vehicles, nor will these provisions apply where there is a local ordinance prohibiting parking during heavy traffic periods or where parking will clearly present a traffic hazard.
(f) Prohibited acts.
(1) It shall be unlawful for any person who does not have a distinctive special
long-term access or long-term disability access license plate or placard or temporary disability placard as provided in §32-6-231, Code of Alabama, or who is not transporting a passenger who has a distinctive special long-term access or long-term disability access license plate or placard or temporary disability placard as provided in §32-6-231 to park a motor vehicle in a public parking place designated for individuals with disabilities or in a parking space designated for individuals with disabilities at any place of public accommodations, any business or legal entity engaged in interstate commerce or which is subject to any federal or state laws requiring access by individuals with disabilities, any amusement facility or resort or other place to which the general public is invited or solicited, even though located on private property.
(2) It shall be unlawful for any person to park a vehicle on access aisles next to an accessible parking space.
(3) It shall be unlawful for any person who is not a disabled individual to willfully and falsely represent himself as a disabled person to obtain the distinctive license plate and/or decal or placard or to misuse or abuse the parking privilege protected by this section, or to own a vehicle bearing distinctive license plate and/or decals when not entitled.
(4) In any prosecution charging a violation of this section, proof that the vehicle described in the summons or parking ticket was parked in
violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, shall constitute prime facie evidence that the registered owner of the vehicle was the person who committed the violation.
(g) Enforcement.
This section may be enforced by any law enforcement officer who has successfully
complied with the minimum standards for police officers as set forth in §36-21-46, Code of Alabama, including, but not limited to, municipal law enforcement officers, sheriffs, deputy sheriffs and Alabama State Troopers. Any law enforcement officer enforcing this section may ask for verification that either the driver or passenger of the parked vehicle is the lawful holder of a distinctive special long-term access or long-term disability access
license plate or placard or temporary disability placard.
(h) Penalties.
(1) Any person violating this section shall, upon conviction, notwithstanding
any other penalty provision which may be authorized or employed, be fined fifty dollars ($50.00) for the first offense, two hundred dollars
($200.00) for the second offense and five hundred dollars ($500.00) for the third or any subsequent offense. In addition, for the second or any subsequent offense under this section, the person shall be ordered by the court to perform a minimum of forty (40) hours of either of the following forms of community service:
(i) Community service for a nonprofit organization that serves the disabled community or serves persons who have a disabling disease; or
(ii) Any other community service that may sensitize the person to the needs and obstacles faced daily by persons who have disabilities.
(2) Municipal law enforcement officers, sheriffs, deputy sheriffs and Alabama
State Troopers are authorized to have vehicles illegally parked in accessible parking spaces designated for disabled persons towed away and impounded at the owner’s expense.
(i) Pari Materia.
This section shall be held in pari materia with all other provisions of law relating to
special access parking or disability access parking violations.
Section 2. Severability Clause. Severability is intended throughout and within the provisions of this section. If any section, subsection, sentence, clause, phrase or portion of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, said
holding shall not affect the remaining portions of this ordinance.
Section 3. Full Force and Effect. With the exception of the amendment made herein, all other sections and portions of the City Code shall remain in full force and effect.
Section 4. Repealer Clause. All former ordinances or parts thereof conflicting or
inconsistent with the provisions of this ordinance are repealed.
Section 5. Effective Date. This ordinance shall become effective and enforced
immediately upon its passage and publication as required by law. Section 16-369, as amended herein, shall be codified in the Code of Ordinances of the City of Opelika, Alabama.
Section 6. Publication. The City Clerk of the City of Opelika, Alabama is hereby
authorized and directed to cause this Ordinance to be published one (1) time in a newspaper of
general circulation published in the City of Opelika, Lee County, Alabama.
ADOPTED AND APPROVED this the 18 th day of November, 2019.
/s/ Eddie Smith
PRESIDENT OF THE CITY COUNCIL OF THE
CITY OF OPELIKA, ALABAMA
ATTEST:
/s/ R. G. Shuman
CITY CLERK
TRANSMITTED TO MAYOR on this the 19th day of November, 2019.
/s/ R. G. Shuman
CITY CLERK
ACTION BY MAYOR
APPROVED this the 19th
day of November, 2019.
/s/ Gary Fuller
MAYOR
ATTEST:
/s/ R. G. Shuman
CITY CLERK
Legal Run 11/20/19

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