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Ordinance 919 - Handicapped Parking SpacesORDINANCE NO. 919 37 AN ORDINANCE TO PERMIT THE CITY COUNCIL TO ESTABLISH AND IDENTIFY PUBLIC PARKING SPACES FOR THE USE OF HANDICAPPED PERSONS ONLY; TO PROHIBIT PARKING IN ESTABLISHED HANDICAPPED PARKING SPACES BY UN- AUTHORIZED PERSONS AND PROVIDE A PENALTY FOR VIOLATION; AND TO PROVIDE AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KALISPELL, AS FOLLOWS: SECTION 1. The Council may establish and designate motor vehicle parking places on the public streets or public parking lots of the City as reserved for use of handicapped persons only. SECTION 2. Notice of designation of handicapped person parking spaces shall be given by the posting of appropriate signs therein. Such notice shall consist of installing therein a symbol sign which conforms to the standards of the Montana Department of High- ways for designating and identifying a handicapped parking space and a statement that such space is reserved for handicapped parkinq. SECTION 3. It is unlawful for a person to wilfully park a motor vehicle in a parking space designated as reserved for handicapped persons unless said motor vehicle bears or contains a valid and clearly visible card, plate, certificate or insignia issued to handicapped persons by the Division of Motor Vehicles, Department of Justice, State of Montana, in accord with Section 49-4-301, et seq, M.C.A. Such card, plate, certificate or insignia shall be prominently displayed in the windshield of a vehicle when the parking privilege is being used. SECTION 4. In any prosecution charging a violation of the above provisions, proof of the identity of the registered owner of the particular vehicle parked in violation thereof shall create a prima vacie presumption that the said registered owner was the person who parked such vehicle at the point where the violation occurred. A violation of this section shall constitute a mis- demeanor. Vehicles found parked in a designated handicapped person parking space in violation of this act may be removed and impounded, at the direction of the Chief of Police and the cost of such removal and impoundment must be paid before the vehicle need be released to the registered owner. SECTION 5. Any person convicted of violation of this ordinance shall be punished by a fine of not less than Ten Dollars ($10.00) nor more than the maximum fine permitted by Section 1-9 of the Kalispell City Code. SECTION 6. A permit issued purusant to this act does not relieve the permittee from all other parking regulations lawfully required by the City, including parking time limitations and parking meter charges; a violation of any other such parking regulation is not considered a violation of this ordinance, SECTION 7. This ordinance shall be effective thirty (30) days from the date of its final passage and approval and,upon installa- tion of the notices and signs as required by Section 2 hereof. ' FINALLY PASSED BY THE CITY COUNCIL OF THE CITY OF KALISPELL AND APPROVED BY THE MAYOR THIS 16TH DAY OF APRIL , 1979. 11/1-�- Norma E. Happ, Mayor ATTEST: 9iic.P /.�c.Ch�v1222�v / Marjorie Giermann, City Clerk I, Marjorje Giermann, City Clerk of the City of Kalispell, Montana, do certify that on the _tk_-day of , 19J�I posted a copy of the foregoing ordinance in my office, and the a remained posted for a period of five days, and the foregoing is a true and correct opy of the ordinance as passed by the City Council. n City of Montana