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.
_____________________________________________
Approved
as to form and legality:
___________________________________
Heather
A. Brown
Assistant City Attorney