COMMITTEE SUBSTITUTE FOR ORDINANCE NO. 051019

Amending Chapter 70 of the Code of Ordinances by repealing Section 70-602 and enacting in its place a new section make provision for disabled parking spaces for high-clearance vehicles.

BE IT ORDAINED BY THE COUNCIL OF KANSAS CITY:

Section 1. That Chapter 70 of the Code of Ordinances is amended by repealing Section 70-602 and enacting in its place a new section to read as follows:

Sec. 70-602. Use of off-street parking facilities for physically disabled persons.

(a) Disabled parking in general.

(1) Identification of vehicles. Only vehicles displaying a distinguishing license plate issued by the state pursuant to RSMo 301.071, pertaining to license plates for physically disabled veterans, or RSMo 301.142, pertaining to license plates for physically disabled persons, or displaying a distinguishing license plate issued to a physically disabled person by another state, or displaying a distinguishing card issued by the state pursuant to RSMo 301.142, shall be parked in a parking space designated for disabled parking.

(2) Violations.

A. Any vehicle which does not display the proper identification as set forth in subsection (a)(i) of this section and which is parked in a parking space designated for disabled parking anywhere within the city is illegally parked.

B. It shall be a full and complete defense that an occupant of the vehicle otherwise illegally parked qualified, at the time of parking, for a distinguishing license plate or card as described in subsection (a) of this section.

(3) Penalty. Any owner or operator of a vehicle parked in violation of this section shall be punished by a fine of not less than $50.00 and not more than $300.00 and may be towed, at the direction of the owner of the parking facility.

(4) Right of entry of law enforcement officials. Law enforcement officials are empowered to enter upon private property open to public use to enforce the provisions of this section.

(b) If a structured parking facility has varied height levels, with the highest height capable physically of accommodating the parking, ingress, and egress routes for high-clearance, wheel-chair equipped vehicles, the owner must on appropriate, high-clearance levels and route of the facility, designate a minimum number of disabled parking spaces only for the parking of high-clearance vehicles equipped with wheelchair lifts or ramps, as follows:

Facilities with 399 spaces or less: 1

Facilities with 400-799 spaces: 2

Facilities with 800-1499 spaces: 3

Facilities with 1500 spaces or more: 4

All spaces on the highclearance level reserved for high-clearance wheelchair vehicles only shall be in addition to the number of regular disabled parking spaces required by the code of ordinances. All high-clearance disabled parking spaces shall include the adjacent marked 8 foot access aisle. In addition, all levels with disabled parking spaces for high-clearance wheelchair vehicles must be clearly marked at the entrances of the levels on which they are available and marked at each high-clearance vehicle parking space as specifically designated for high-clearance vehicles only. For the purposes of this section, high-clearance vehicle means a vehicle which exceeds the garage clearance height of the other levels with clearance posted below that of the high clearance level and such vehicle is equipped with a wheelchair lift or ramp.

(1) If a parking space is designated for disabled parking for high-clearance vehicles equipped with wheelchair lifts or ramps, any vehicle which is parked in such a parking space and which does not display proper identification as set forth in subsection (a)(1) and which is not equipped with a wheelchair lift or ramp and which does not exceed the lower posted clearance levels of the garage, is illegally parked.

(2) Penalty. Any owner or operator of a vehicle parked in violation of this section shall be punished by a fine of not less than $50.00 and not more than $300.00 and may be towed at the direction of the owner of the parking facility.

(3)               Right of entry of law enforcement officials. Law enforcement officials are empowered to enter upon private property open to public use to enforce the provisions of this section.

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Approved as to form and legality:

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Heather A. Brown

Assistant City Attorney