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HomeMy WebLinkAboutItem 05 AIS CAO Parking for Persons with Disabilities AGENDA ITEM SUMMARY Meeting Date: 2/18/2020 Meeting Type: Regular Meeting Staff Contact/Dept.: Kristina Kraaz/CAO Staff Phone No: 541-744-4061 Estimated Time: 5 Minutes S P R I N G F I E L D C I T Y C O U N C I L Council Goals: Strengthen Public Safety by Leveraging Partnerships and Resources ITEM TITLE: PARKING FOR PERSONS WITH DISABILITIES CODE UPDATE ACTION REQUESTED: Hold a public hearing and first reading of the following ordinance: AN ORDINANCE AMENDING CHAPTER 6 VEHICLES AND TRAFFIC SECTIONS 6.060(1) AND 6.045 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING COMMUNITY SERVICE OFFICER ENFORCEMENT OF PARKING VIOLATIONS, INCLUDING PARKING FOR PERSONS WITH DISABILITIES ISSUE STATEMENT: Should the City Council update the Springfield Municipal Code (1) to allow Community Service Officers to issue parking tickets under state statutes, and (2) to incorporate Oregon state laws regarding parking for persons with disabilities? ATTACHMENTS: Attachment 1: Ordinance DISCUSSION/ FINANCIAL IMPACT: The Springfield Police Department and City Attorney’s Office have received an inquiry from a resident regarding parking enforcement of “Wheelchair User Only” parking spaces in private parking lots. The resident has inquired whether Community Service Officers (CSOs) may be used to increase enforcement of “Wheelchair User”-only parking spaces. To allow CSOs to issue tickets for improper parking in these spaces, the Springfield Municipal Code must be updated to (1) authorize CSOs to issue parking tickets under state parking laws, and (2) update the code to incorporate the current state statutes regarding parking for persons with disabilities. CSOs currently have authority in the City of Springfield to enforce municipal parking violations, but have not been granted authority by the municipal code to enforce state or county parking laws. The proposed ordinance updates the municipal code to allow CSOs to issue tickets for parking violations of state or county laws, including state laws that regulate parking for persons with disabilities. Under Oregon state law, only a person with a “Wheelchair User” placard can park in spaces marked “Wheelchair User Only.” A person with another type of disabled parking placard cannot park in “Wheelchair User Only” spaces. However, the Springfield Municipal Code section regarding parking for persons with disabilities does not reflect the different types of parking placards that the DMV issues to persons with disabilities. The proposed ordinance updates the code to incorporate state laws regarding parking for persons with disabilities, including the laws that regulate “Wheelchair User Only” parking. PAGE 1 of 2 CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (GENERAL) AN ORDINANCE AMENDING CHAPTER 6 VEHICLES AND TRAFFIC SECTIONS 6.060(1) AND 6.045 OF THE SPRINGFIELD MUNICIPAL CODE REGARDING COMMUNITY SERVICE OFFICER ENFORCEMENT OF PARKING VIOLATIONS, INCLUDING PARKING FOR PERSONS WITH DISABILITIES WHEREAS, patrol community service officers provide needed support to police officers and the Springfield Police Department by performing paraprofessional and related duties including parking enforcement; and WHEREAS, patrol community service officers aid in maintaining order and public safety through enforcement of parking and standing ordinances; and WHEREAS, accessible parking for persons with disabilities is a requirement under the Americans with Disabilities Act (ADA), and use of such parking is privileged to those who have obtained and display the appropriate placard or decal issued by the Oregon Department of Transportation, including “Wheelchair User” placards or decals; and WHEREAS, the City recognizes the need to enforce ordinances and state laws that regulate parking, and standing, including ordinances and laws that regulate parking for persons with disabilities; and WHEREAS, it is in the public interest to authorize patrol community service officers to enforce City ordinances and state laws that regulate parking and standing, including ordinances and laws that regulate parking for persons with disabilities, NOW, THEREFORE, THE COMMON COUNCIL OF THE CITY OF SPRINGFIELD ORDAINS AS FOLLOWS: Section 1. Subsection 6.060(1) of Chapter 6 Vehicles and Traffic is hereby amended to read as follows: “(1) Police officers and patrol community service officers shall enforce the terms of sections 6.005 to 6.075 as well as parking violations defined by state or county laws, by appropriate marking of vehicles and the issuance of citations for violations or impoundment, or both.” Section 2. Section 6.045 “Disabled Person Spaces” is hereby retitled as “Parking for Persons with Disabilities” and amended to read as follows: “6.045 Parking for Persons with Disabilities. The statutes contained in ORS Chapter 811 relating to parking for persons with disabilities as currently in effect, are adopted by reference and made part of this chapter.” Section 3. Severability Clause. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is, for any reason, held invalid or unconstitutional by a court of competent Attachment 1, Page 1 of 2 PAGE 2 of 2 jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion hereof. ADOPTED by the Common Council of the City of Springfield this ___ day of __________, 2020, by a vote of _____ for and ____ against. APPROVED by the Mayor of the City of Springfield this ______ day of ___________, 2020. _______________________ Mayor ATTEST: __________________________ City Recorder Attachment 1, Page 2 of 2