§ 36-116. Mobility impaired parking designations.

(a)

It shall be unlawful for any unauthorized person to park any vehicle for any period of time in any parking zone or space designated specifically for the mobility impaired.

(b)

It shall be unlawful for any person to park in any loading and unloading area of a mobility impaired parking space, or to otherwise leave any vehicle unattended which blocks or obstructs a loading area of a mobility impaired parking space, mobility impaired access aisle, mobility impaired access ramp, or curb cut.

(c)

For the purpose of this section, a person shall be authorized to park in a parking zone or space designated specifically for the mobility impaired if:

(1)

Such person has a vehicle which is identified by a license plate for the mobility impaired issued pursuant to R.S. 47:463.4 or a properly displayed mobility impaired parking cared issued pursuant to R.S. 47:463.4.1 or otherwise has a parking card, placard or license plate issued by the authorities of another state or country for the purpose of identifying vehicles permitted to utilize parking spaces reserved for the mobility impaired; and

(2)

The person to whom the mobility impaired license plate or mobility impaired parking card was issued is present at the time of the vehicle remains parked.

(d)

As used in this section, the term "present at the time the vehicle remains parked" means the person to whom the mobility impaired license plate or mobility impaired parking card was issued is either the driver or passenger of the vehicle, or is a patron at the facility at which the mobility impaired parking zone is situated and has either exited the vehicle at the time of parking or immediately prior thereto or will enter the vehicle at the conclusion of said authorized person's business at the facility. Any person who does not appear to be mobility impaired or authorized to utilize the mobility impaired parking zone or space pursuant to this section may be required to show proof that the person who is authorized to use the mobility impaired parking zone or space is present at the time the vehicle remains parked.

(e)

When a law enforcement officer issues a citation for an alleged violation of this section it shall be personally served upon the owner or operator of the vehicle. If the owner ore operator is not present or refuses to accept the citation, personal service may be accomplished by affixing the parking citation to the vehicle in a conspicuous place thereon.

(f)

When a citation is issued, pursuant to section 36-116(e), for an alleged violation of this section and is affixed to the vehicle that does not have a mobility impaired license plate or a mobility impaired card, there shall be a rebuttable presumption that the person in whose name the vehicle is registered was operator of the vehicle when the alleged violation was committed. Additionally, any operator of a vehicle who is not the registered owner, but who uses or operates the vehicle with the permission of the owner, express or implied, shall be considered the agent of the owner to receive the citation required to be served upon the operator or registered owner of the vehicle in accordance with the provisions of this section.

(g)

Any person who violates any the provision of this section shall be punished as set forth in section 1-10 of this Code. In addition to such fine, the offender shall be required to pay all court costs plus all towing fees and storage costs, if any.

(h)

In addition to the fines, fees and costs provided in section 36-116(g), any person who violates the provisions of this section shall also be fined an additional twenty-five dollars ($25.00), which shall be used by Jefferson Parish to fund the Jefferson Parish's Quad Squad Program.

(i)

No fine issued pursuant to this section shall be reduced or suspended.

(Code 1961, § 11-83.1; Ord. No. 20131, § 1, 8-27-97; Ord. No. 20749, § 1, 9-1-99; Ord. No. 23671, § 25, 10-14-09)