CHAPTER NO. 2302

AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF CLINTON, IOWA, 1999 BY PROVIDING FOR HANDICAPPED PARKING SPACES IN RESIDENTIAL AREAS IN THE CITY OF CLINTON, IOWA

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CLINTON, IOWA:

 Section 1.       Program Established.   There is hereby established a program to provide persons with disabilities parking spaces in residential areas in the City of Clinton, Iowa for qualified persons subject to certain terms and conditions.

 Section 2.  Application.  All applications for persons with disabilities parking spaces in residential areas shall be submitted to the City Clerk’s office.  The application shall be on a form provided by the City Clerk.  The application shall be in writing and state the name and address of the disabled person, the location of the requested space, the reason for the request, that the person has a handicapped parking permit issued by the State of Iowa, the handicapped parking permit number and that there is a vehicle registered to a person living at the address with a license to drive.  The applicant shall present the handicapped parking permit and a copy of the permit shall be made.  Said permits shall be for a period of one year.   

 Section 3.  Decision Process.  The City Clerk shall forward any application to the City Administrator.  The City Administrator shall examine the application and the requested location.  The Administrator shall give preliminary approval to the application if an extreme permanent life-altering hardship exists for the applicant and the granting of the permit will reduce the extreme permanent life-altering hardship.   After the City Administrator either approves or denies the application, it shall be forwarded to the Regulations and Enforcement Committee for their review and decision.  After the Regulations and Enforcement Committee reviews the recommendation of the City Administrator, their recommendation shall be forwarded to the City Council for approval or denial by Council resolution.  If City Council approves the permit, the applicant will be notified and shall submit a $25.00 permit fee to pay for the installation of the sign.  The handicapped parking sign will be installed after payment of the permit fee. 

 Section 4.  Reapplication for Existing Permit Holders.  Current permit holders must reapply to keep their permits by September 30, 2005.  If a reapplication is not received by September 30, 2005, the handicapped parking sign at their address will be removed during the second week of October.   All current permit holders will be notified by mail to reapply for their permit by September 30, 2005 and an application form shall accompany said notice.  No fee shall be required to reapply in September 2005.  Said permit shall be for a period of one year.

Section 5.  Reapplication for Permit Holders after September 30, 2005.   Permit holders shall reapply for their annual permits by September 30 in all subsequent years.  In subsequent years after September 30, 2005, there will be a fee of $5.00 required with each application.  If the reapplication is not received by September 30, the sign will be removed the second week of October.  In the event the September 30 deadline is missed and there are valid reasons for missing the deadline, the City Administrator can reinstate the permit and order the reinstallation of the sign upon the payment of $25.00 by the permit holder.

Section 6.  Relocation of Permit Holder.  If the permit holder moves to a new residence in the city limits and the person with disabilities parking space is needed at the new address, the City will relocate the sign to the new address without an additional fee if the City is promptly notified of the change of address.

Section 7.  Severability Clause.  If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision or part thereof not adjudged invalid or unconstitutional.

Section 8.  Repealer.  Any ordinance or parts of ordinances in conflict herewith are hereby repealed.

Section 9.  Effective Date.  This ordinance shall be in full force and effect from and after its adoption and publication as provided by law.

ATTEST:

FAILED:  September 13, 2005