§ 62-348. Presumption; violations; penalty.

(a)

For purposes of this section, a disabled person is a person with a disability as defined by V.T.C.A., Transportation Code § 681.001, as it may be amended.

(b)

From and after the effective date of the ordinance from which this article is derived, it shall be unlawful for any person to park a motor vehicle, in a handicap park space, as designated herein, unless such vehicle is properly identified by license plates or placards issued by the state department of transportation issued to persons with disabilities, or for any conduct which constitutes an offense under V.T.C.A., Transportation Code § 681.011.

(c)

A person commits an offense if the person parks a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including, but not limited to, an access or curb ramp.

(d)

If any vehicle is found to be in violation of any provision of this section, and the identity of the driver cannot be determined, the owner or person in whose name such vehicle is registered is presumed to be the person who parked said vehicle at the time and place the offense occurred. This presumption is rebuttable and shall have the effects and consequences set forth in V.T.C.A., Penal Code § 2.05. The state department of transportation's computer-generated record of the registered vehicle owner is prima facie evidence of the contents of the record.

(e)

Any person violating any provision of this section shall be fined an amount not less than $250.00 nor more than $500.00 and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. Enhancements to this penalty shall be consistent with V.T.C.A., Transportation Code § 681.011(h) to (k), as it may be amended.

(f)

Allegation and evidence of a culpable mental state is not required for the proof of an offense defined by this section.

(Code 1982, § 18-131; Ord. No. 980, § 3, 12-21-1976; Ord. No. 1001, § 4, 5-24-1977; Ord. No. 2002-02-012, § 2, 2-19-2002)