CR 91-81 Residential Disabled Parking
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March 26, 1991 o P K \ ~ Council Report # 91-81
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Residential Disabled ParkIng and Transfer Zones.
Proposed Action.
staff recommends adoption of the following motion: Move to adopt for
the first reading the following ordinances: Residential Disabled
Parkinq Zones. and Residential Disabled Transfer Zones.
The implication of approving the recommended motion will be increased
services for disabled residents, at the expense of fewer public
parking spaces.
overview.
This report is a follow up to the council's directive to staff to
review, and draft an ordinance concerning residential disabled parking
and transfer zones.
A disabled resident has requested a disabled parking zone adjacent to
the resident's home. Based on the policy implications of allowing one
resident to obtain this service, a set of ordinances have been drafted
to establish clear guidelines in order to make this request, and
future ones, equitable and fair.
City staff has reviewed the technical, and policy implications of
enacting ordinances to allow disabled parking and transfer zones in
residential areas. Both ordinances establish clear administrative
guidelines for handling current and future requests. The accompanying
supporting documents will summarize the negative and positive
implications of enacting a residential disabled parking/transfer zone.
For additional information review council report #91-35.
primary Issues to Consider.
0 What are the future cost and maintenance implications of this
policy?
0 How many disabled elderly citizens will request this service, and
what impact will it have on neighborhoods?
0 What other problems, or issues will arise because of this policy?
supporting Documents.
0 detailed background
0 analysis of issues
0 pro's and con's
0 alternatives
0 recommendation
0 ordinances
o M.S. 169.345: M.S. 169.346
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Scott R. Thompson, Administrative Intern. '
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Detailed Backqround.
Currently, the city does not have any specific guidelines on handling
citizen requests for disabled parking or transfer zones. The
accompanying ordinances are designed to create a structure for
handling citizen requests, and for administering regulation. state
statutes specify regulations, guidelines, and eligibility
requirements. However, the statutes allow municipalities the right to
enact specific administrative guidelines.
0 Disabled parking zones.
Disabled parking zones grant vehicles transporting disabled
individuals parking privileges. Disabled parking zones are common in
parking lots and commercial areas, and are usually placed near
doorways, sidewalks, and walkways, for easy building access by
disabled persons. Only vehicles with a disabled certificate, or
disabled license plate may park in the zone legally.
A residential disabled parking zone would be located in a residential
area adjacent to, or near, a disabled person's residence. The same
disabled parking regulations and guidelines for. parking lots, etc.
also apply to residential areas.
0 Disabled transfer zones.
Disabled transfer zones are designed to grant space, and a location
for disabled persons to board vehicles. Any type of vehicle may use
the zone to pick up disabled individuals.
However, parking is not allowed by any vehicle. The intention of a
transfer zone is to leave a portion of the street open, and not have
that area available for parking.
Transfer zones are not common in parking lots, commercial areas,
public facilities, or even residential areas, and based on current
information only the City of Minneapolis administers this type of
parking restriction. In addition, state statutes do specify any unique
regulations, or guidelines for disabled transfer zones.
Analvsis of Issues.
0 What are the future cost and maintenance implications of this
policy?
It is difficult to determine exactly how many disabled individuals
will apply for a parking zone, or a transfer zone. Any future cost, or
other implication will depend on how many individuals request the
service. It is difficult to even make an educated guess on future
. costs, amount of needed materials, or additional enforcement needs.
The policy may generate its own set of users simply because it is
available or; disabled individuals will rarely request the service. If
a large number of disabled residents already have driveways, or easy
street access, they may not need or want this service.
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0 How many disabled elderly citizens will request this service, and
what impact will it have on neighborhoods?
The typical person requesting this service will probably be an elderly
citizen. Some neighborhoods may have more disabled elderly residents
than others, and the impact of having a zone in a particular area
would depend on who is living where. It is likely that some disabled
elderly residents will hav~ drive ways and not need, or want a parking
or transfer zone. Others may not request a zone because of the fee, or
some other regulatory requirement. However, based on demographic
statistics the area population is aging, and this fact should be
considered when analyzing this question.
0 What other problems or issues may arise because of this policy?
When the ordinances were written an attempt was made to determine what
problems might arise when the ordinances were enacted. However, there
will be questions arising whenever a particular zone is implemented.
Each situation may (or may not) be unique and vary with each
partipular situation, for instance: How many zones should one block,
neighborhood, street, etc. be allowed to have? If one person has a
zone, can their next door neighbor have one? If a transfer zone is
established in a busy section of town and people persist in parking
there, what will the additional cost in police time and resources be?
If a residential area has limited parking space already, why should a
disabled person have a parking/transfer zone, thus exacerbating the
problem?
Pro's and Con's.
Regardless of technical feasibility, the disabled parking and transfer
zone ordinances are policy issues. The following is a set of positive
and negative arguments for each type of zone.
Parkinq zones
Pro comments
1. In an area where parking is limited, a disabled parking zone
would allow disabled persons access to a parking space.
2. Parking zones allow the opportunity for more than one specific
individual to park in that zone.
3. Cost of enforcement, and materials is reimbursed through a
. license fee.
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Con comments
I. Even though a particular disabled individual must request the
zone, and pay the fee; that same individual can not claim the
zone as their own, or its restrict use.
2. If disabled parking zones existed in areas where parking was
limited, enforcement may require additional police resources.
3. The establishment of segregated parking zones within a
residential area where there is street parking is inherently
inequitable.
Transfer zones
Pro comments
1. A potentially large number of disabled individuals would have the
benefit of using the zone.
2. Transfer zones are inherently better public policy because it
. offers privileges to more individuals. While a disabled parking
zone is inherently restrictive, and offers privileges to a very
small number individuals.
3. Cost of enforcement, and materials is reimbursed through a
license fee.
Con comments
1. If a transfer zone was established in an area of heavy traffic
and parking it would enhance the current traffic problem.
2. Transfer zones permanently eliminate two street parking spaces.
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3. The establishment of a segregated transfer zone in a residential
area where there is street parking is inherently inequitable to
other citizens.
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Alternatives.
I. The City Council can adopt both ordinances as written.
2. The city council can adopt the Residential Disabled Parkinq Zone
ordinance as written.
3. The City Council can adopt the Residential Disabled Transfer Zone
ordinance as written.
4. The City Council can decline to adopt either ordinance, and direct
staff to reassess the policy options.
5. The city Council can do nothing.
R commendation.
Staff recommendation to the council and mayor is alternative number
one; adopt both ordinances as written. This recommendation is based
on:
I. The likelihood that other individuals will approach the city for
. this service in the future.
2. The ordinances set up an administrative process to handle citizen
requests for each type of, zone in an equitable and fair manner.
3. By having both ordinances the council can decide which type of zone
best fits a particular situation.
4. Each ordinance clearly signifies the process, and regulations of
the zone type for which it is designed for.
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 91-XXX
Residential Disabled Transfer Zones
BE IT ORDAINED by the Council of the City of Hopkins as
follows:
SECTION 1. That section 1306.00, Disabled Transfer Zones, be
added to the city code to read as follows:
1306.01 Residential Disabled Transfer Zones Established.
The city may establish, administer, and regulate residential
disabled transfer zones.
1306.03 General Rule. A disabled transfer zone is for the
specific purpose of providing a location for disabled
individuals to board a vehicle in a residential area.
1306.05 Prohibited Parkinq. No person may park an unattended
. vehicle in a disabled transfer zone. If a vehicle is parked
unattended in this zone the city may ticket the vehicle
and/or tow it.
Subdivision 1. No vehicle may stand in a disabled transfer
zone unless the specific purpose is to allow vehicle
boarding by disabled persons.
1306.07 Eliqibilitv. Any person requesting a disabled
transfer, adjacent to their residence, must be disabled as
specified in M.S. 169.345 Subd.2.
1306.09 Approval. Any request by a citizen for a disabled
transfer zone must be approved by the City Council. Such
approval shall be in the form of a resolution.
Subdivision 1. Procedure. When an application for placement
of a disabled transfer zone is received the city must;
notify residents within a 350 foot radius of the proposed
transfer zone location at least 10 days prior to the
application being considered by the council. The notice
shall indicate the location requested, and the time and date
the application will be considered.
1306.11 Fees. Any person with a disabled transfer zone
adjacent to their residence must pay an a~nual permit fee.
The permit fee amount shall be set by the 'City Council and
may be amended from time to time. The applicant must submit
an application annually, and pay the annual fee by the
anniversary date of approval.
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SUbdivision 1. If the annual application and renewal fee is
not paid in full by the anniversary date, the disabled
transfer zone will be removed by the city. The resolution to
create the transfer zone then becomes void.
1307.13 Desiqnation of Disabled Parkinq Zone. A Disabled
transfer zone will designate boundaries by using two signs,
each with the blue and white wheelchair symbol, and with the
following statements, 1. Arrow indicating that between
signs, Disabled Transfer Zone. 2. Violators find up to $200.
3. No Parking. Each sign will be placed 20 feet a part and
face toward the street. The space between the signs is the
transfer zone.
Subdivision 1. No .disabled transfer zones will be allowed
for private businesses, churches, non-profit organizations,
or parking lots.
First Reading: , 1991
Second Reading: , 1991
. Date of Publication: , 1991
Date Ordinance Takes Effect: , 1991
Mayor
Attest:
city Clerk
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CITY OF HOPKINS
Hennepin County, Minnesota
ORDINANCE NO. 91-XXX
Residential Disabled Parkinq Zones
BE IT ORDAINED by the Council of the ci ty of Hopkins as
follows:
SECTION 1. That section 1307.00, Residential Disabled
Parking Zones, be added to the city code to read as follows:
~307.01 Residential Disabled Parkinq Zones Established.
The City may establish, administer, and regulate residential
disabled parking zones.
1307.03 General Rule. A residential disabled parking zone is
for the specific purpose of providing a location for
disabled persons to park a vehicle in a residential area.
This zone is not intended for the specific use by one
individual, nor can any of the privileges of this service be
denied to any person, or vehicle, meeting the following
guidelines.
Subdivision 1 Street Maintenance. All city ordinances and
resolutions for street cleaning, maintenance, and snow
plowing must be abided by any person parking in this zone.
1307.05 certificate Required. No person may park a vehicle
in a disabled parking zone unless the vehicle bears a
certificate, or license plates, which specify the vehicle as
transporting disabled persons. Reference: M.S. 169.345. If
any vehicle is parked in this zone that does not meet these
specifications the city may ticket and/or tow the vehicle.
1307.07 Eliqibilitv. Any person requesting a disabled
parking zone, adjacent to their residence, must be disabled
as specified in M.S. 169.345 Subd.2.
1307.09 Approval. Any request by a citizen for a disabled
parking zone adjacent to their residence must be approved by
the city Council. Such approval shall be in the form of a
resolution.
Subdivision 1. Procedure. When an application for placement
of a disabled parking zone is received the city must;
. notify residents within a 350 foot radius of the proposed
parking zone location at least 10 days prior to the
application being considered by the council. The notice
shall indicate the location requested, and the time and date
the application will be considered.
1307.11 Fees. Any person with a disabled parking zone
adjacent to their residence must pay an annual permit fee.
The permit fee amount shall be set by the city council and
may be amended from time to time. The applicant must submit
an application annually pay the annual fee by the
anniversary date of approval.
Subdivision 1. If the annual application and renewal fee is
not paid in full by the anniversary date, the disabled
parking zone will be removed by the city. The resolution to
create the transfer zone then becomes void.
1307.13 Desiqnation of Disabled Parking Zones. A disabled
parking zone, in a residential area, will designate
boundaries by using two signs, each with the blue and white
wheelchair symbol, and with the following statements; 1.
Disabled Parking Zone, 2. violators fined up to $200. 3. No
Parking. Each sign will be placed 20 feet a part and face
toward the street. The space between the signs is the
parking zone.
First Reading: , 1991
Second Reading: , 1991
Date of Publication: , 1991
Date Ordinance Takes Effect: , 1991
Mayor
Attest:
City Clerk
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. 169.345 PARKING PRIVILEGES FOR PHYSICALLY HANDICAPPED.
Subdivision 1. Scope of privilege. A vehicle that prominently displays the
certificate authorized by this section, or bears license plates issued under section
168.021, may be parked by or for a physically handicapped person:
4093 HIGHWAY TRAFFIC REGULATION 169.345
(1) in a designated handicapped parking space, as provided in section 169.346;
and
(2) in a metered parking space without obligation to pay the meter fee.
For purposes of this subdivision, a certificate is prominently displayed if it is
displayed on the dashboard in the left-hand comer of the front windshield of the vehicle
with no part of the certificate obscured.
Notwithstanding clauses (1) and (2), this section does not permit parking in areas
prohibited by sections 169.32 and 169.34, in designated no parking spaces, or in
parking spaces reserved for specified purposes or vehicles. A local governmental unit
may, by ordinance, prohibit parking on any street or highway to create a fire lane, or
to accommodate heavy traffic during morning and afternoon rush hours and these
ordinances also apply to physically handicapped persons.
Subd. 2. Definitions. For the purpose of this section, "physically handicapped
person" means a person who:
(1) because of disability cannot walk without significant risk of falling;
(2) because of disability cannot walk 200 feet without stopping to rest;
(3) because of disability cannot walk without the aid of another person, a walker,
a cane, crutches, braces, a prosthetic device, or a wheelchair;
(4) is restricted by a respiratory disease to such an extent that the person's forced
(respiratory) expiratory volume for one second, when measured by spirometry, is less
than one meter;
(5) has an arterial oxygen tension (PA02) of less than 60 mm/hg on room air at
rest;
(6) uses portable oxygen; or
(7) has a cardiac condition to the extent that the person's functional limitations
are classified in severity as class III or class IV according to standards set by the
American Heart Association.
Subd. 2a. Physician's or chiropractor's statement. The commissioner shall
develop a form for the physician's or chiropractor's statement. The statement must be
signed by a licensed physician or chiropractor who certifies that the applicant is a
physically handicapped person as defined in subdivision 2. The commissioner may
request additional information from the physician or chiropractor if needed to verify
the applicant's eligibility. The statement that the applicant is a physically handicapped
person must specify whether the disability is permanent or temporary, and iftempor-
ary, the opinion of the physician or chiropractor as to the duration of the disability.
A physician or chiropractor who fraudulently certifies to the commissioner that a
person is a physically handicapped person as defined in subdivision 2, and that the
person is entitled to the license plates authorized by section 168.021 or to the certificate
authorized by this section, is guilty of a misdemeanor and is subject to a fine of $500.
Subd. 3. Identifying certificate. (a) The division of driver and vehicle services
in the department of public safety shall issue a special identifying certificate for a motor
vehicle when a physically handicapped applicant submits a statement of a physician
or chiropractor. The commissioner shall design separate certificates for persons with
permanent and temporary disabilities that can be readily distinguished from each other
from outside a vehicle at a distance of 25 feet. The certificate is valid for the duration
of the person's disability, as specified in the physician's or chiropractor's statement, up .
to a maximum of six years. A person with a disability of longer duration will be
required to renew the certificate for additional periods of time, up to six years each, as
specified iri the physician's or chiropractor's statement.
(b) When the commissioner is satisfied that a motor vehicle is used primarily for
the purpose of transporting physically handicapped persons, the division may issue
without charge a special identifying certificate for the vehicle. The operator of a vehicle
displaying the certificate has the parking privileges provided in subdivision I while the
vehicle is in use for transporting physically handicapped persons. The certificate issued
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169.345 HIGHWAY TRAFFIC REGULATION 4094
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. to a person transporting physically handicapped persons must be renewed every third
. " year. On application and renewal, the person must present evidence that the vehicle
continues to be used for transporting physically handicapped persons.
(c) A certificate must be made of plastic or similar durable material, must be
distinct from certificates issued before January I, 1988, and must bear its expiration
date prominently on its face. A certificate issued to a temporarily disabled person must
display the date of expiration of the duration of the disability, as determined under I
paragraph (a). Each certificate must have printed on the back a summary of the parking
privileges and restrictions that apply to each vehicle in which it is used. The commis-
sioner may charge a fee of $5 for issuance or renewal of a 'certificate, and a fee of $5
for a duplicate to replace a lost, stolen, or damaged certificate.
Subd. 4. Unauthorized use; revocation; penalty. If a peace officer finds that the
certificate is being improperly used, the officer shall report the violation to the division
of driver and vehicle services in the department of public safety and the commissioner
of public safety may revoke the certificate. A person who uses the certificate in
violation of this section is guilty of a misdemeanor and is subject to a fine of $500.
Subd. 5. [Repealed, 1967 c 389 s 2] .
History: 1965 c844 51-5; 1967 c 3895 I; 1969c 1129ar/ 1515; Exl971 c 27 s 10;
1977 c 22 s 1.2; 1979 c 31 s I; 1979 c 277 54; 1985 c 248 s 70; 1986 c 444; 1987 c 355
s 7; 1988 c 642 5 7,8
169.346 PARKING FOR PHYSICALLY HANDICAPPED; PROHIBITIONS; PEN-
ALTIES.
Subdivision I. Parking criteria. A person shall not:
(I) park a motor vehicle in or obstruct access to a parking space designated and
reserved for the physically handicapped, on either private or public property;
(2) park a motor vehicle in or obstruct access to an area designated by a local
governmental unit as a handicapped transfer zone; or
(3) exercise the parking privilege provided in section 169.345. unless:
(i) that person is a physically handicapped person as d~fined in section 169.345,
subdivision 2, or the person is transporting or parking a vehicle for a physically
handicapped person; and
(ii) the vehicle visibly displays one of the following: a license plate issued under
section 168.021, a certificate issued under section 169.345, or an equivalent certificate,
insignia, or license plate issued by another state or one of its political subdivisions.
Subd. 2. Signs; parking spaces to be free of obstructions. (a) Handicapped parking
spaces must be designated and identified by the posting of signs incorporating the
international symbol of access in white on blue and indicating that the parking space
is reserved for handicapped persons with vehicles displaying the required certificate,
license plates, or insignia. A sign posted for the purpose of this section must be visible
from inside a vehicle parked in the space, be kept clear of snow or other obstructions
which block its visibility, and be nonmovable or only movable by authorized persons.
(b) The owner or manager of the property on which the designated parking space
is located shall ensure that the space is kept free of obstruction. If the owner or manager
allows the space to be blocked by snow, merchandise, or similar obstructions for 24
hours after receiving a warning from a peace officer, the owner or manager is guilty of
a misdemeanor and subject to a fine of up to $500.
Subd. 3. Penalty. A person who violates subdivision 1 is guilty ofa misdemeanor
and shall, be fined not less than $100 or more than $200. This subdivision shall be
enforced in the same manner as parking ordinances or regulations in the governmental
subdivision in which the violation occurs. Law enforcement officers have the authority
to tag vehicles parked on either private or public property in violation of subdivision
I. A physically handicapped person, or a person parking a vehicle for a handicapped
person, who is charged with violating subdivision 1 because the person parked in a
handicapped parking space without the required certificate or license plates shall not
be convicted if the person produces in court or before the court appearance the required
certificate or evidence that the person has been issued license plates under section
168.021, and demonstrates entitlement to the certificate or plates at the time of arrest
or tagging.
History: 1977 c 205 51; 1979 c 31 s 3; 1979 c 277 s 5-7; 1983 c 24 s 1; 1986 c 444;
1987 c 355's 8
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