As used in this title, the following terms shall have the following meanings, unless the context clearly indicates a different meaning:

ACCESSIBLE: Easy and able to be used, entered, or reached by a person with disabilities, as specified by title 36, code of federal regulations (CFR).

ACCESSIBLE ACCESS AISLE: Any painted area or accessible pedestrian space, adjacent to designated accessible parking spaces, that provides clearances appropriate for use by persons with disabilities.

ACCESSIBLE PARKING SPACE: A parking space reserved for persons with disabilities, that is signed pursuant to Idaho Code 49-213.

ADJACENT: Being near, close, bordering, contiguous, or next to.

ALTERED SPECIAL LICENSE PLATE, PLACARD, OR THEIR REGISTRATION CARDS AND DECALS: An unauthorized change to their distinguishing marks, letters, or numerals, so as to appear different than when originally issued.

CURB CUT: A short ramp cutting through a curb or built up walkway for use by a disabled person in a wheelchair or using other mechanical devices.

FACILITY: All or any portion of buildings, structures, site improvements, complexes, equipment, roads, walkways, passageways, parking lots, or other real or personal property located on a site.

PARKING SPACE: A definable area for parking motor vehicles.

PERSON WITH A DISABILITY: A person who is unable to walk two hundred feet (200') or more unassisted by another person; without the aid of a walker, cane, crutches, braces, prosthetic device or a wheelchair; or without great difficulty or discomfort due to the following impairments: neurological, orthopedic, respiratory, cardiac, arthritic disorder, blindness, or the loss of function or absence of a limb.

PLACARDS: A special card, issued by proper authority, displayed through the front windshield of a vehicle, by a disabled person authorizing that person and/or vehicle to utilize accessible parking privileges.

PUBLIC USE: Facilities that are privately or publicly owned and made available to the general public.

RAMP: A walkway surface which has a running slope greater than one to twenty (1:20).

SIGNING: Displayed verbal, symbolic, and pictorial information.

WALKWAY: An exterior pathway with a prepared surface intended for pedestrian use. (Ord. 457 § 3, 1996)

A. Facilities: Owners or managers of public property or private property open to public use may designate accessible parking zones and spaces to be used exclusively by vehicles displaying a special license plate or placard for persons with disabilities, as prescribed in section 49-410, Idaho Code. Any parking zone or spaces so designated shall conform to section 49-213, Idaho Code and the requests thereunder. (Ord. 446 § 4, 1995)

A. Violations: The following shall constitute violations of this chapter:

1. The parking, standing or stopping of a vehicle (whether occupied or not) on, in, or blocking any part of an accessible parking space or zone, without a special placard or license plates for a person with a disability being conspicuously displayed on the vehicle, in accordance with section 10.06.040 of this chapter.

2. The parking, standing or stopping of a vehicle (whether occupied or not) on, in, or blocking any part of an access aisle, curb cut, ramp, or any painted area adjacent to an accessible parking space, regardless of whether or not the vehicle displays a valid special placard or license plates for accessible parking, is prohibited; unless a disabled person must use part of the access aisle or adjacent painted space in conjunction with the accessible parking space to be able to fully open their vehicle door; or unless the vehicle is momentarily in, on, or blocking any part of the accessible parking space, access aisle, adjacent painted area, curb cut, or ramp for the purpose of allowing a person with a disability to enter or exit the vehicle.

3. The parking, standing or stopping of a motor vehicle, whether occupied or not, in an accessible parking space without disabled parking privileges.

4. The parking, standing or stopping of a motor vehicle, whether occupied or not, in an accessible parking space without displaying special license plates or placard indicating the right to park in an accessible parking space.

5. The parking, standing or stopping of a motor vehicle (whether occupied or not) in, on, or blocking any part of an accessible access aisle, curb cut, or ramp.

6. The parking, standing or stopping of a motor vehicle, whether occupied or not, in an accessible parking space by a nondisabled person using the special license plates or placard of a disabled person.

B. Amending Notice Of Violation: Upon satisfactory proof provided to the police department by the owner or operator of the vehicle that was issued a parking violation notice for violation of subsection A1, A3 or A4 of this section that said owner or operator is entitled to parking privileges in accordance with section 49-410, Idaho Code, the parking violation notice will be amended to a violation of section 10.06.040 of this chapter and the penalty for violation of said section 10.06.040 of this chapter shall be levied in accordance with section 10.04.080 of this title. (Ord. 457 § 4, 1996)

A. Display Of Valid Special License Plates And Placards: It is unlawful for any owner, operator, or passenger of a vehicle, entitled to the use of special license plates or placard, not to display the special license plates or placard as provided by Idaho law or to display them in a manner that obscures the plates or placard; or to display expired special license plates; or to display an unreadable special placard when parked in an accessible parking space reserved for persons with disabilities. Violation of this subsection is subject to penalties levied pursuant to section 10.04.080 of this title.

B. Expired And Invalid Special Placards: It is unlawful for any owner, operator, or passenger of a vehicle, to display an expired or invalid special placard when parked in an accessible parking space. (Ord. 464 § 1, 1997)

A. Individual: Any use of a disabled person's special license plates, placards, or vehicles by a nondisabled person for parking privileges in accordance with section 49-410, Idaho Code, when that disabled person is not being transported in the vehicle, is prohibited and considered a violation of this chapter.

B. Business: Any use by a nondisabled person of a special placard issued to a business, or vehicle of a business, for parking privileges in accordance with section 49-410, Idaho Code, when disabled persons are not being transported in the vehicle, is prohibited and considered a violation of this chapter. (Ord. 446 § 4, 1995)

A. Individual: Any person who wilfully fails or refuses to comply with a lawful order or direction of any police officer, volunteer parking enforcement officer, firefighter, or parking attendant employed or commissioned by the city is guilty of a misdemeanor. (Ord. 446 § 4, 1995)

A. Devices: Any person who, without lawful authority, attempts or in fact alters, defaces, injures, knocks down, removes, or interferes with the effective operation of any parking control device, or the parking device's inscription, shield or insignia, or any other part is guilty of a misdemeanor.

B. Special License Plates, Placards, And Registration Cards: Any person who, without lawful authority, attempts or in fact alters, the distinguishing marks, letters, or numerals of special license plates, placards, or their registration cards and decals, so that the original distinguishing marks, letters, or numerals appear different than when originally issued, or who displays altered special license plates, placards, or their registration cards and decals, for the purpose of accessible parking privileges is guilty of a misdemeanor. (Ord. 464 § 2, 1997)

A. Law enforcement officials, volunteer parking enforcement officers, firefighters, and parking attendants employed or commissioned by the city, are empowered to enter public property or private property open to public use, to enforce the provisions of this chapter and are empowered to check personal identification to determine if the user of a special license plate or placard is authorized to use an accessible parking space. (Ord. 446 § 4, 1995)

The owner of a vehicle upon which a parking violation notice giving notice of violation of this chapter has been left or attached by a police officer, volunteer parking enforcement officer, firefighters, or parking attendant employed or commissioned by the city, may avoid being prosecuted for the violation alleged in such notice by electing to pay to the police department as a civil penalty for such violation, a fee of fifty dollars ($50.00), unless said fee is not paid within ten (10) days after the issuance of the parking violation notice, in which event the fee shall be seventy five dollars ($75.00). If the owner fails to respond to the parking violation notice within thirty (30) days, an Idaho uniform traffic citation shall be issued to the owner of the vehicle and the violation shall be treated as an infraction, as provided in section 1.12.030 of this code, punishable by a fine of one hundred dollars ($100.00).

Upon receipt of the civil penalty for a violation of section 10.06.050 of this chapter, the police department will forward a copy of the parking violation notice to the Idaho Motor Vehicle Bureau, Special Plates Section, P.O. Box 7129, Boise, ID 83707-1129, for administrative action under section 49-410(10), Idaho Code. (Ord. 457 § 6, 1996)