§ 106-34. Public parking spaces for certain disabled persons.

(a)

Any commercial real estate property owner offering parking for the general public shall provide specially designed and marked motor vehicle parking spaces for the exclusive use of disabled persons, as defined in section 106-1.

(b)

Each such parking space must be prominently outlined with blue paint, and must be repainted when necessary, to be clearly distinguishable as a parking space designated for persons who have disabilities and must be posted with a permanent, above-grade sign of a color and design approved by the department of transportation bearing the international symbol of accessibility and the caption "PARKING BY DISABLED PERMIT ONLY." Such sign erected after October 1, 1996, must indicate the penalty for illegal use of the space. Any provision of this section to the contrary notwithstanding, in a theme park or an entertainment complex as defined in F.S. § 509.013(9) in which accessible parking is located in designated lots or areas, the signage indicating the lot as reserved for accessible parking may be located at the entrances to the lot in lieu of a sign at each parking place.

(c)

Such parking spaces must be designed and located as follows:

(1)

All spaces must have accessible there to a curb-ramp or curb-cut, when necessary to allow access to the building served, and must be located on an accessible route no less than 44 inches wide so that users will not be compelled to walk or wheel behind parked vehicles.

(2)

Each space must be located on the shortest safely accessible route from the parking space to an accessible entrance. If there are multiple entrances or multiple retail stores, the parking spaces must be dispersed to provide parking at the nearest accessible entrance. If a theme park or an entertainment complex as defined in F.S. § 509.013(9) provides parking in several lots or areas from which access to the theme park or entertainment complex is provided, a single lot or area may be designated for parking by persons who have disabilities, if the lot or area is located on the shortest safely accessible route to an accessible entrance to the theme park or entertainment complex or to transportation to such an accessible entrance.

(3)

Each parking space must be no less than 12 feet wide. Parking access aisles must be no less than five feet wide and must be part of an accessible route to the building or facility entrance. The parking access aisles are reserved for the use of persons who have disabled parking permits, and violators are subject to the same penalties that are imposed for illegally parking in parking spaces that are designated for persons who have disabilities. Two accessible parking spaces may share a common access aisle. The access aisle must be striped diagonally to designate it as a no-parking zone. Any provision of this subsection to the contrary notwithstanding, a theme park or an entertainment complex as defined in F.S. § 509.013(9) in which are provided continuous attendant services of directing individuals to marked accessible parking spaces or designated lots for parking by persons who have disabilities, the park or complex may, in lieu of universal spaces, provide parking spaces that comply with either of the alternatives specified in Section 4.6.3 of the Americans with Disabilities Act Accessibility Guidelines.

(4)

Parallel parking spaces must be located either at the beginning or end of a block or adjacent to alley entrances. Curbs adjacent to such spaces must be of a height that will not interfere with the opening and closing of motor vehicle doors.

(5)

Perpendicular and diagonal parking spaces and access aisles for persons who have disabilities must be even with surface slopes and must not exceed a slope of one to 50 in any direction. Parallel parking spaces must be even with surface slopes, may match the grade of the adjacent travel lane, and must not exceed a cross slope of one to 50, where feasible.

(6)

Curb ramps must be located outside of the disabled parking spaces and access aisles.

(7)

Each parking space must conform with the requirements of this section no later than October 1, 1997.

(8)

a.
The removal of architectural barriers from a parking facility in accordance with 28 C.F.R. § 36.304 or with F.S. § 553.508 must comply with this section unless compliance would cause the barrier removal not to be readily achievable. If compliance would cause the barrier removal not to be readily achievable, a facility may provide alternative parking spaces for persons who have disabilities and provide appropriate signage directing persons who have disabilities to the alternative parking spaces. The facility may not reduce the required number or dimensions of those spaces, nor may it unreasonably increase the length of the accessible route from a parking space to the facility. The removal of an architectural barrier must not create a significant risk to the health or safety of a person who has a disability or to that of others.

b.

A facility that is making alterations under F.S. § 553.507(2)(b) must comply with this section to the maximum extent feasible. If compliance is not feasible, a facility may provide alternative parking spaces for persons who have disabilities and provide appropriate signage directing persons who have a disability to alternative parking spaces. The facility may not reduce the required number or dimensions of those spaces, nor may it unnecessarily increase the length of the accessible route from a parking space to the facility. The alteration must not create a significant risk to the health or safety of a person who has a disability or to that of others.

(d)

The failure of any commercial real estate owner to provide disabled parking as required by this section is a violation enforceable pursuant to section 1-7 and article VI, division 2, Code Enforcement Board.

(e)

It is unlawful for any person to stop, stand or park a vehicle within any such specially designated and marked parking space provided in accordance with this section, unless the vehicle displays a disabled parking permit issued under F.S. § 316.1958 or § 320.0848 or a license plate issued under F.S. § 320.084, § 320.0842, § 320.0843, or § 320.0845, and the vehicle is transporting the person to whom the displayed permit is issued. The violation may not be dismissed for failure of the markings on the parking space to comply with this section if the space is in general compliance and is clearly distinguishable as a designated space.

(f)

Any operator or other person in charge of the vehicle found guilty of a violation of this section or of F.S. § 316.1955 or § 316.1956 shall be punished as provided in F.S. § 316.008(4) or § 318.18(6).

(Code 1979, §§ 20-62, 22-6; Ord. No. 97-47, § 2, 12-2-97)