§ 12.40.090. Handicapped parking spaces.

A.

Definitions. For the purposes of this section:

1.

"Handicapped" means those people who are mobility-limited, unable to move about freely without restrictions.

2.

"Properly identified parking space" means a parking space with a sign carrying the handicapped designation visible to a motorist driving a motor vehicle.

3.

"Properly identified vehicle" means a vehicle bearing any of the following: a handicapped symbol or special state-issued limited-use permit prominently displayed on the windshield, or a license plate issued to disabled veterans or handicapped persons.

B.

Unlawful Activities—Removal of Vehicles. The parking, stopping or standing of any personal property, including motor vehicles not properly identified as being used by a handicapped person, or any other means of obstructing handicapped parking spaces on private and public property shall be prohibited at all times pursuant to the inherent and statutory powers of the Metropolitan Government of Nashville and Davidson County to preserve the health, welfare and safety of its citizens. Any vehicle or other personal property found to be parked or standing in a handicapped parking space not identified as being used by a handicapped person shall, with the consent of the owner, lessee or other person in possession or control of the real estate where such a handicapped parking space has been established, be towed away or removed upon the request of any law enforcement officer after the vehicle has been cited by metropolitan police and adequate time has been given the owner to remove the vehicle. The owner of such personal property shall be responsible for all tow-in charges and resulting storage charges, if any. The sign designating a handicapped parking place shall be permanently placed at least five feet above grade. If the sign is not permanently displayed, no citation shall be issued for violation thereof.

C.

The owner of any personal property or motor vehicle found in violation of this section shall be subject to a fine in the amount of fifty dollars, which shall be assessed by the issuance of a parking citation.

D.

Signs. All signs posted after January 1, 1989, on public or private properties to designate handicapped parking shall contain the words "Unauthorized parking is punishable by a fine up to $100.00."

E.

Enforcement. The provisions of Tennessee Code Annotated Section 55-21-108 shall be enforced within the area of the metropolitan government, whether violations occur on public or private property.

(Ord. BL2010-793 § 11, 2010; Ord. 95-1360 § 1, 1995; Amdt. 1 to Ord. 89-1069, 2/6/90; Ord. 89-1069 § 2, 1990; prior code § 27-1-157.5)