Chapter 10.15
PARKING

Sections:

Article I. General Provisions

10.15.010    Application of chapter.

10.15.020    Exception.

10.15.030    Parking signs or yellow curb markings required.

10.15.040    Angle parking.

10.15.050    Stopping, standing, or parking prohibited.

10.15.060    Parking not to obstruct traffic.

10.15.070    Parking in alleys.

10.15.080    Special parking permit required for certain vehicles.

10.15.090    Displaying, repairing, or washing vehicle.

10.15.100    Parking adjacent to schools.

10.15.110    Parking prohibited on narrow streets.

10.15.120    Standing or parking on one-way streets, roadways.

10.15.130    Stopping, standing, or parking near congested places.

10.15.140    Roberts Municipal Stadium.

10.15.150    Dress Plaza.

10.15.160    Parking areas near the Civic Center.

10.15.170    Handicapped parking.

10.15.180    Designation of loading zones, carrier stands.

10.15.190    Standing in passenger curb loading zone.

10.15.200    Standing in freight curb loading zone.

10.15.210    Parking of buses and taxicabs.

10.15.220    Use of bus and taxicab stands.

10.15.230    Loading or unloading at angle to curb – Permit.

10.15.240    Permit for curb loading zones.

Article II. Parking Meters, Lots, and Timed Free Parking

10.15.250    Definitions.

10.15.260    Authority of departments.

10.15.270    Parking meter zones.

10.15.280    Placement of meters.

10.15.290    Marking of spaces.

10.15.300    Deposit of coins – Exceptions.

10.15.310    Tampering.

10.15.320    Use of slugs.

10.15.330    Collection – Parking Meter Fund – Expenditure.

10.15.340    Violation – Fines and collection of fines.

10.15.350    Off-street parking lots.

10.15.360    Establishment of timed free parking zone – Location of zone – Time limit – Overparking.

10.15.370    When time restrictions are in effect.

10.15.380    Erection of signs – Method of parking.

Article III. Vehicle Immobilization Devices

10.15.390    Use of vehicle immobilization devices.

Article IV. Evansville Dress Regional Airport

10.15.400    Airport Authority District to govern parking.

10.15.410    Security officers to enforce regulations.

10.15.420    Violations.

Article V. Handicapped Parking

10.15.430    Handicapped parking.

Article VI. Park Property

10.15.440    Parking on parks property.

10.15.450    Violation and charges.

Article VII. Redevelopment Property

10.15.460    Parking on redevelopment property.

Article VIII. Enforcement

10.15.470    Violation and charges.

10.15.480    Authorization to enforce parking regulations.

10.15.490    Penalty.

Article I. General Provisions

10.15.010 Application of chapter.

The provisions of this chapter prohibiting the standing or parking of a vehicle shall apply at all times or as indicated on official signs, except when it is necessary to stop a vehicle to avoid conflict with other traffic, or in compliance with the directions of a law enforcement officer or official traffic-control device. The provisions of this chapter imposing a time limit on parking shall not relieve any person from the duty to observe other and more restrictive provisions prohibiting or limiting the stopping, standing, or parking of vehicles in specified places or at specified times. [Ord. G-91-12, passed 4-2-91. 1982 Code § 72.01; 1983 Code § 7.72.01.]

10.15.020 Exception.

Nothing contained in this chapter shall be construed to abandon or amend the ordinances now in effect respecting the erection, establishment, maintenance, supervision, operation and administration of parking meters. [1962 Code § 341.22; 1982 Code § 72.02; 1983 Code § 7.72.02.]

10.15.030 Parking signs or yellow curb markings required.

Wherever by this chapter or any ordinance any parking time limit is imposed or parking is prohibited on designated streets, it shall be the duty of the Traffic Director to erect appropriate signs giving notice thereof. No regulations shall be effective unless the signs are erected and in place at the time of the alleged offense or the curb is marked yellow. Yellow curb markings shall designate 24-hour no parking zones unless erected parking signs regulate the hours of permitted parking. [Ord. G-69-20, passed 4-21-69. 1962 Code § 341.21; 1982 Code § 72.03; 1983 Code § 7.72.03.]

Cross-references: Parking Meter Department, City Clerk as head of, EMC 2.40.010; parking schedules, Chapter 10.40 EMC.

10.15.040 Angle parking.

(A) The Board of Public Safety shall determine on what streets angle parking shall be permitted and shall mark or sign those streets. Angle parking shall not be indicated upon any Federal-aid or State highway within this City unless the State Department of Highways has determined by resolution or order entered in its minutes that the roadway is of sufficient width to permit angle parking without interfering with the free movement of traffic.

(B) On those streets which have been signed or marked by the Board of Public Safety for angle parking, no person shall park or stand a vehicle other than at the angle to the curb or edge of the roadway indicated by the signs or markings. [1962 Code §§ 341.02, 341.03; 1982 Code § 72.10; 1983 Code § 7.72.10.]

10.15.050 Stopping, standing, or parking prohibited.

(A) No person shall stop, stand, or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a law enforcement officer or traffic-control device, in any of the following places:

(1) On a sidewalk, or on the grass plot between the curb and sidewalk, otherwise known as a sidewalk park.

(2) In front of a public or private driveway.

(3) Within an intersection.

(4) Within 15 feet of a fire hydrant.

(5) On a crosswalk.

(6) Within 40 feet of the intersection of the curb projections or within 10 feet of the intersection of the curb projection and alley edge at alley and street intersections.

(7) Within 30 feet on the approach to any flashing beacon, stop sign, or traffic-control signal located at the side of a roadway but not less than 40 feet from the intersection of the curb projections if the flashing beacon, stop sign, or traffic-control signal is located at a street intersection.

(8) Between a safety zone and the adjacent curb or within 30 feet of points on the curb immediately opposite the ends of a safety zone, unless the Board of Public Safety has indicated a different length by signs or markings.

(9) Within 50 feet of the nearest railroad crossing.

(10) Within 20 feet of the driveway entrance to any fire station, and on the side of a street opposite the entrance to any fire station within 75 feet of the entrance.

(11) Alongside or opposite any street excavation or obstruction when stopping, standing, or parking would obstruct traffic.

(12) On the roadway side of any vehicle stopped or parked at the edge or curb of a street.

(13) On any bridge or other elevated structure on a highway or within a highway tunnel.

(14) At any place where official signs or yellow curb markings prohibit parking.

(15) Within four feet of the edge of a driveway.

(B) No person shall move a vehicle not lawfully under his control into any prohibited area or an unlawful distance away from a curb.

(C) When signs are erected in each block giving notice thereof, no person shall stop, stand, or park a vehicle between the hours specified on the signs.

(D) No person shall stand or park a vehicle on a street other than parallel with the edge of the street headed in the direction of lawful traffic movement and with the wheels of the vehicle within 12 inches of the curb or edge of the street, except as otherwise provided for in this chapter.

(E)(1) No owner of a vehicle, or person in control of a vehicle, shall allow the vehicle to be operated, stopped, or parked on an unpaved or ungraveled portion of the property of another person without permission from the owner of the real estate or from the owner’s authorized agent.

(2) It shall be a defense to this subsection (E) that permission was obtained from the owner of the real estate, or from the owner’s authorized agent. However, the burden of proving the permission shall be on the person cited for the violation.

(3) “Unpaved,” for the purposes of this subsection (E), shall mean any portion of the property not suited for the operation of motor vehicles, by way of example but not limitation, that portion of the property not bricked, graveled, asphalted, or concreted.

(F)(1) No owner of a vehicle or person in control of a vehicle shall allow the vehicle to be operated, stopped, or parked on a sidewalk owned by another person without permission from the owner of the sidewalk or from the owner’s authorized agent.

(2) It shall be a defense to this subsection (F) that permission was obtained from the owner of the sidewalk or from the owner’s authorized agent. However, the burden of proving the permission shall be on the person cited for the violation.

(G) The provisions of subsections (E) and (F) of this section shall not be construed to diminish or do away with the requirements in EMC Title 18 pertaining to front yard, side yard, rear yard, or other setback requirements found therein. [Ord. G-2008-20, passed 9-10-08; Ord. G-87-13, passed 4-27-87; Ord. G-86-19, passed 5-12-86; Ord. G-69-20, passed 4-21-69; Ord. G-68-20, passed 7-3-68; Ord. G-67-7, passed 5-15-67. 1962 Code §§ 341.06, 341.20; 1982 Code § 72.11; 1983 Code § 7.72.11.]

10.15.060 Parking not to obstruct traffic.

No person shall park any vehicle on a street, other than an alley, in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for free movement of vehicular traffic. [1962 Code § 341.07; 1982 Code § 72.12; 1983 Code § 7.72.12.]

10.15.070 Parking in alleys.

No person shall park a vehicle within an alley in such a manner or under such conditions as to leave available less than 10 feet of the width of the roadway for the free movement of vehicular traffic, except when loading or unloading merchandise from adjacent property and then only for that time necessary for the loading and unloading purposes. [1962 Code § 341.08; 1982 Code § 72.13; 1983 Code § 7.72.13.]

10.15.080 Special parking permit required for certain vehicles.

(A) No person shall park any motor vehicle which, in overall dimensions, is more than 21 feet long, more than eight feet wide, or more than nine feet high, nor any motor vehicle registered as having a gross vehicle weight of more than 11,000 pounds, on any street for more than 60 minutes per day, without written permission of the Board of Public Safety. This provision shall not apply to passenger cars.

(B) No person shall park any commercial, nonmotorized, wheeled device, including, by way of example and not limitation, trailers, wagons, carts, and wheeled machinery, on any street for more than 60 minutes per day without the written permission of the Board of Public Safety.

(C) The Board of Public Safety is authorized to issue permits for parking which would otherwise be in violation of this section. A special parking permit shall issue only if the board determines that the parking will not present a hazard or create an obstruction of traffic. [Ord. G-2001-27, passed 11-6-01; Ord. G-73-24, passed 12-3-73. 1962 Code § 341.09; 1982 Code § 72.14; 1983 Code § 7.72.14.]

10.15.090 Displaying, repairing, or washing vehicle.

No person shall park a vehicle on any roadway for the principal purpose of displaying the vehicle for sale; washing, greasing, or repairing the vehicle, except for repairs necessitated by an emergency; or for the primary purpose of advertising. [1962 Code § 341.10; 1982 Code § 72.15; 1983 Code § 7.72.15.]

10.15.100 Parking adjacent to schools.

The Board of Public Safety is authorized to erect signs indicating no parking on that side of any street adjacent to any school property when such parking would interfere with traffic or create a hazardous situation. When official signs are erected indicating no parking on that side of a street adjacent to any school property, no person shall park a vehicle in the designated place. [1962 Code § 341.11; 1982 Code § 72.16; 1983 Code § 7.72.16.]

10.15.110 Parking prohibited on narrow streets.

The Board of Public Safety is authorized to erect signs indicating no parking on any street when the width of the roadway does not exceed 20 feet, or on one side of a street, as indicated by signs, when the width of the roadway does not exceed 30 feet. When official signs prohibiting parking are erected on narrow streets as authorized herein, no person shall park a vehicle on the street in violation of the sign. [1962 Code § 341.12; 1982 Code § 72.17; 1983 Code § 7.72.17.]

10.15.120 Standing or parking on one-way streets, roadways.

(A) The Board of Public Safety is authorized to erect signs on the left-hand side of any one-way street to prohibit the standing or parking of vehicles. When the signs are in place, no person shall stand or park a vehicle on the left-hand side in violation of the sign.

(B) In the event a highway includes two or more separate roadways and traffic is restricted to one direction on the roadway, no person shall stand or park a vehicle on the left-hand side of the one-way roadway unless signs are erected to permit standing or parking. The Board of Public Safety is authorized to determine when standing or parking may be permitted on the left-hand side of any one-way roadway and to erect signs giving notice thereof. [1962 Code §§ 341.13, 341.14; 1982 Code § 72.18; 1983 Code § 7.72.18.]

10.15.130 Stopping, standing, or parking near congested places.

The Board of Public Safety is authorized to determine and designate by proper signs, streets or portions of streets on which the stopping, standing, or parking of vehicles would cause unusual delay to traffic. When official signs are erected on congested streets or portions thereof as authorized herein, no person shall stop, stand, or park a vehicle in the designated place. [1962 Code § 341.15; 1982 Code § 72.19; 1983 Code § 7.72.19.]

10.15.140 Roberts Municipal Stadium.

(A) No person shall stop, stand, or park a vehicle except when necessary to avoid conflict with other traffic or in compliance with the law or direction of a law enforcement officer or employee of the Board of Public Works charged with the duty of directing the vehicles, on any of the drives or driveways within or adjacent to the parking lots connected with and adjacent to Roberts Municipal Stadium, and these drives and driveways shall be marked accordingly. Any law enforcement officer of the City on duty at the Stadium or in the parking lots connected therewith and adjacent thereto, or any person authorized and employed by the Board of Public Works for the purpose of directing and supervising the parking of vehicles in the parking lots, is hereby given authority to cause the removal of any vehicle stopped, standing, or parking in violation of the provisions of this section. Should it be necessary that any violating vehicle be towed to a parking garage or lot for storage of cars, the cost of the towage and the cost of the parking and storage shall be borne by the owner of the vehicle. The costs shall become a lien against the vehicle in accordance with applicable State law.

(B) Special zones shall be marked and signed permitting loading and unloading of passengers and for the use of taxis and buses along Roberts Municipal Stadium drives adjacent to the stadium building. [Ord. G-89-24, passed 6-14-89; Ord. G-73-21, passed 10-15-73. 1982 Code § 72.20; 1983 Code § 7.72.20.]

10.15.150 Dress Plaza.

(A) As used in this section the term “public wharf” shall have the same meaning as set forth in Chapter 12.15 EMC; the term “vehicle” shall have the same meaning as set forth in EMC 10.05.020.

(B) No person shall park, except for the expeditious launching of a boat or reloading of a boat on any vehicle or device, in the area of a public wharf designated as a launching area. The Board of Public Works in conjunction with the Board of Public Safety shall designate by signs, painted markings, or other means as they shall determine proper the area of any public wharf to be designated as a launching area and vehicle parking areas.

(C) Dress Plaza is that area adjacent to the Ohio River between Court Street as extended on the downstream side and Chestnut Street as extended on the upstream side lying to the southwest of Riverside Drive.

(1) No trailers shall be parked on any street portions of Dress Plaza bordered by established curbs or curb lines or the extension thereof.

(2) No vehicles or trailers shall be parked adjacent to the northeast curb line closest to the southwest edge of Riverside Drive and in the street portion thereof.

(3) All portions of Dress Plaza, as designated in this subsection (C), not used for street purposes or launching areas are hereby established as parking areas. The Board of Public Works in conjunction with the Board of Public Safety shall designate by signs, painted markings, or other means as they shall determine proper the area to be used as parking areas, and shall mark thereon parking spaces and open traffic lanes. [Ord. G-68-23, passed 8-19-68. 1962 Code § 341.25; 1982 Code § 72.21; 1983 Code § 7.72.21.]

10.15.160 Parking areas near the Civic Center.

(A) The regulations and restrictions on parking set forth in this section shall apply to the following parking areas:

(1) Parking Area 1. The parking area bordering the front of the Civic Center running generally parallel to Martin Luther King Boulevard lying between Sycamore Street and Locust Street.

(2) Parking Area 2. The parking area lying behind the Administration Building of the Civic Center having a single combination entrance and exit onto Sycamore Street.

(3) Parking Area 3. The parking area adjacent to the Courts Building of the Civic Center having a single entrance and exit onto Ninth Street, lying generally at the intersection of Ninth Street and Sycamore Street.

(4) Parking Area 4. The parking area adjacent to the Federal Building lying along Sycamore Street near its intersection with Martin Luther King Boulevard, having its entrance next to the United States Post Office and its exit near Martin Luther King Boulevard onto Sycamore Street.

(5) Parking Area 5. The parking area lying across Martin Luther King Boulevard from the Administration Building of the Civic Center and lying at the intersection of Locust Street and Martin Luther King Boulevard.

(6) Parking Area 6. The parking area east of Ninth Street, lying generally to the north of Walnut Street, and generally to the west of Heidelbach and owned by the Building Authority of Evansville-Vanderburgh County.

A map showing the designated areas is on file in the office of the City Clerk; said map is incorporated herein by reference.

(B) No vehicle shall be parked in the parking areas described in subsection (A) of this section in violation of the following restrictions on parking:

(1) No vehicle shall be, or remain, parked or standing in or upon the parking areas described in subsection (A) of this section in excess of one hour unless the vehicle displays a valid permit issued pursuant to the provisions of this section. However, a vehicle displaying a valid placard issued by the Indiana Rehabilitation Services Agency or a valid registration plate issued by the Bureau of Motor Vehicles pursuant to the provisions of Indiana law designating the individual as a physically handicapped person may park in those spaces reserved and posted for physically handicapped persons. No vehicle bearing such a placard or plate shall be or remain parked or standing in or upon the reserved posted spaces in the parking areas described in subsection (A) of this section in excess of two hours.

(2) No vehicle shall be or remain parked or standing in a parking space reserved for parking by permit, unless the vehicle displays a valid permit for parking in that space.

(3) No vehicle displaying a valid permit shall be, or remain, parked or standing in a parking space other than a parking space authorized by the permit.

(4) No vehicle shall be, or remain, parked or standing in or upon the parking areas described in subsection (A) of this section other than within a parking space delineated by painted lines.

(C) Signs shall be posted indicating the parking restrictions imposed by this section. Lines shall be painted on the surface of the parking areas indicating the spaces available for parking, and parking spaces reserved to parking by permit shall be appropriately designated.

(D) Permits shall be authorized and issued only upon application to, and authorization by, a committee comprised of the City Clerk, the President of the County Commissioners, and the General Manager of the Evansville-Vanderburgh County Building Authority, or their designees. This committee shall also determine and authorize the marking of parking spaces or parking areas for parking by permit only. The committee shall authorize and issue permits only in conformity with the standards and guidelines set forth in this section.

(E)(1) Permits may be authorized and issued only to a judge of the courts or an official, employee, or board or commission member of the Levee Authority, the City of Evansville, Vanderburgh County, or the Evansville-Vanderburgh County Building Authority. Additionally, members of the news media may be issued a permit to park in designated media spaces. Permits may be issued to persons who may need to come to the Civic Center Complex more than one time per day as part of their official duties or for security and safety purposes. The spaces designated for board or commission members shall be used by the board or commission members only in the performance of their official duties with the board or commission to which they have been appointed.

(2) Parking Areas 1, 4, 5 and 6 are for the use of the general public during hours when the Civic Center is open to the public. Additionally, Parking Area 1 may include spaces for boards and commission members with permits and media parking.

(3) Parking Area 2 is for the use of permit holders of the Levee Authority, City officials and employees.

(4) Parking Area 3 shall be for use of the Judiciary, Vanderburgh County employees and officials and officials of the Building Authority.

(5) If there is cause to believe that a vehicle or its contents may pose a threat of harm to any individual, that vehicle may be towed to another location by the City’s towing contractor and the owner of such vehicle shall be responsible for all towing and storage costs. If it is found that a vehicle presented no danger to any person while parked in one of the parking areas designated above, the vehicle shall be given to the owner without charge. A vehicle without a permit parked in a parking spot designated for “permit parking only” shall be considered to be a vehicle posing a potential threat of harm to the public.

(F) Responsibility for enforcement of the provisions of this section is delegated to the Parking Meter Department or the City Police Department. Any person who violates the provisions of this section shall be subject to the penalties set forth in EMC 10.15.490, and in addition, vehicles which are in violation of this section may be towed or removed at the violator’s expense.

(G) No person shall park a vehicle in violation of this section. In addition to any fines and remedies imposed by this section or another prescribed section of the municipal code, a person who violates this section shall be subject to the fines imposed by EMC 10.15.430 for handicapped parking violations and EMC 10.15.490. [Ord. G-2010-4, passed 2-23-10; Ord. G-2004-18, passed 11-19-04; Ord. G-2004-4, passed 4-28-04; Ord. G-85-24, passed 6-17-85; Ord. G-80-25, passed 5-13-80. 1962 Code, Art. 4, Ch. 10; 1982 Code § 72.22; 1983 Code § 7.72.22.]

10.15.170 Handicapped parking.

The Board of Public Safety is empowered to reserve spaces on the streets and parking lots of the City for the use of physically handicapped persons. The reserved spaces shall be reserved by posting immediately adjacent to and visible from the spaces a sign bearing the official international wheelchair symbol, a facsimile of the symbol displayed on the handicapped person’s motor vehicle registration plate, or a reasonable facsimile thereof. [Ord. G-85-24, passed 6-17-85. 1982 Code § 72.23; 1983 Code § 7.72.23.]

10.15.180 Designation of loading zones, carrier stands.

(A) The Board of Public Safety is authorized to determine the location of passenger and freight curb loading zones and shall place and maintain appropriate signs indicating this and stating the hours during which the provisions of this subsection are applicable.

(B) The Board of Public Safety is authorized and required to establish bus stops and taxicab stands and stands for other passenger common-carrier motor vehicles on the public streets in places and in numbers as it shall determine to be of the greatest benefit and convenience to the public. Every bus stop, taxicab stand, or other stand shall be designated by appropriate signs. [1962 Code §§ 343.01, 343.05; 1982 Code § 72.30; 1983 Code § 7.72.30.]

10.15.190 Standing in passenger curb loading zone.

No person shall stop, stand, or park any vehicle other than a passenger vehicle designed to carry nine or less passengers for any purpose or period of time other than for the expeditious loading and unloading of passengers in any place marked as a passenger curb loading zone during the hours when the regulations applicable to the curb loading zone are effective, and then only for a period not to exceed five minutes. No vehicle shall be left unattended at any time in any passenger curb loading zone. [Ord. 2665, passed 4-20-64. 1962 Code § 343.03; 1982 Code § 72.31; 1983 Code § 7.72.31.]

10.15.200 Standing in freight curb loading zone.

No person shall stop, stand, or park any vehicle other than a truck for any purpose or length of time in any place marked as a freight curb loading zone during hours when the provisions applicable to the zones are in effect. No person shall stop, stand, or park any truck for any purpose or length of time except for the expeditious unloading and delivery or pick-up and loading of materials in any place marked as a freight curb loading zone during hours when the provisions applicable to the zones are in effect. In no case shall a person stop, stand, or park any truck for loading or unloading of materials in any place marked as a freight curb loading zone, during hours when the provisions applicable to the zones are in effect, for a period in excess of 30 minutes unless a longer period is designated on the freight zone sign. The Board of Public Safety is hereby authorized to designate freight curb loading zones (i.e., freight zones) upon the streets of the City of Evansville where the Safety Board deems it appropriate and desirable. The Safety Board may designate parking in a freight curb loading zone for any period of time but not to exceed one hour in length taking, into consideration the needs of persons utilizing the freight curb loading zone as well as the needs of the community. Nothing herein contained shall authorize the increase of time limits exceeding 30 minutes in any alley or freight zone located in any alley. This section applies to street freight curb loading zones only and not to any freight loading zones located in any alley. [Ord. G-94-1, passed 3-40-94; Ord. G-67-15, passed 11-6-67. 1962 Code § 343.04; 1982 Code § 72.32; 1983 Code § 7.72.32.]

10.15.210 Parking of buses and taxicabs.

The driver of a bus or taxicab shall not park on any street in any business district at any place other than at a bus stop or taxicab stand, respectively. However, this provision shall not prevent the driver of any bus or taxicab from temporarily stopping in accordance with other stopping or parking regulations at any place for the purpose of, and while actually engaged in, loading or unloading passengers. [1962 Code § 343.06; 1982 Code § 72.33; 1983 Code § 7.72.33.]

10.15.220 Use of bus and taxicab stands.

No person shall stop, stand, or park a vehicle other than a bus in a bus stop, or other than a taxicab in a taxicab stand, when the stop or stand has been officially designated and appropriately signed. The driver of a passenger vehicle may temporarily stop therein for the purpose of, and while actually engaged in, loading or unloading passengers when the stopping does not interfere with any bus or taxicab waiting to enter or about to enter the zone. [1962 Code § 343.07; 1982 Code § 72.34; 1983 Code § 7.72.34.]

10.15.230 Loading or unloading at angle to curb – Permit.

The Board of Public Safety is authorized to issue special permits to permit the backing of a vehicle to the curb for the purpose of loading or unloading merchandise or materials, subject to the terms and conditions of the permit. The permits may be issued either to the owner or lessee of real property or to the owner of the vehicle and shall grant to the person the privilege as therein stated and authorized herein. It shall be unlawful for any permittee or other person to violate any of the special terms or conditions of the permit. [1962 Code § 341.04; 1982 Code § 72.35; 1983 Code § 7.72.35.]

10.15.240 Permit for curb loading zones.

The Board of Public Safety shall have the power to designate curb loading zones on request, in writing, by any person. The board shall further have the power to place any conditions, reservations, and regulations on the use of these zones as the board may, in its discretion, see fit. [1962 Code § 343.02; 1982 Code § 72.36; 1983 Code § 7.72.36.]

Article II. Parking Meters, Lots, and Timed Free Parking

10.15.250 Definitions.

For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Park” or “parking” means the standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of, and while actually engaged in, loading and unloading passengers or merchandise.

“Parking meter” means any mechanical device or meter not inconsistent with this article placed or erected for the regulation of parking by authority of this article.

“Parking space” means the space of a parking lot or the section of the street adjacent to the curb, painted and indicated by painted lines on the surface of the street or lot designated for parking.

“Person in control” means the person who has the right to direct the movement and operation of the vehicle.

“Vehicle” means any device in, upon, or by which any person or property is or may be transported upon a street or highway, except on rails or tracks. [Ord. G-90-27, passed 12-3-90; Ord. G-81-42, passed 10-13-81. 1982 Code § 72.40; 1983 Code § 7.72.40.]

10.15.260 Authority of departments.

(A) The Board of Public Safety shall determine:

(1) The placement of and time duration of all parking meters placed in any parking meter zone pursuant to EMC 10.15.270 through 10.15.340.

(2) The location of and time limits of timed free parking zones pursuant to EMC 10.15.360 through 10.15.380.

(B) The Parking Meter Department shall:

(1) Have all of the duties and responsibilities contained in EMC 2.40.010(A) except as stated in EMC 10.15.250 through 10.15.380.

(2) Have the duties and responsibilities delegated by the Board of Public Works pursuant to EMC 10.15.350.

(C) The Board of Public Works shall:

(1) Have all the duties and responsibilities contained in EMC 10.15.350.

(2) Remove parking meters and erect signs in timed free parking zones pursuant to EMC 10.15.360 through 10.15.380. [1982 Code § 72.41; 1983 Code § 7.72.41.]

10.15.270 Parking meter zones.

Parts of parking lots in the City of Evansville are established as parking meter zones. In these zones and any other parking meter zones hereafter created by ordinance or by the Board of Public Safety, parking meters shall be installed in accordance with the provisions hereof. [1982 Code § 72.42; 1983 Code § 7.72.42.]

10.15.280 Placement of meters.

(A) Parking meters shall be placed adjacent to individual parking places to be designated as herein provided. Each parking meter shall be so placed as to show or display a signal that the parking space alongside of the meter is or is not in use.

(B) Each parking meter shall be so set as to display with a signal showing legal parking with the adjacent parking space upon the deposit of the applicable coinage of the United States of America in the meter for a period of time conforming to the parking limits set out in this article, or as hereafter prescribed by ordinance of the City.

(C) Each meter shall by its device clearly set out and continue operation from the time of depositing the coin until the expiration of the time fixed by schedule and ordinance as to the parking limit for the parking space adjacent to which the meter is placed. Each meter shall so operate that upon the expiration of the parking time for the parking space, it will indicate by a mechanical operation that the lawful parking period for that parking space adjacent to the parking meter has expired. [1982 Code § 72.43; 1983 Code § 7.72.43.]

10.15.290 Marking of spaces.

(A) The Traffic Engineering Department may place and maintain painted signs or markers on the curb and on the avenues, streets, or lots to designate the parking space. Each vehicle parked alongside of or adjacent to any curb or parking meter shall park within the lines or marks so established. It shall be a violation of this section to park any vehicle across any such line or mark, or to park any vehicle in such a way that the vehicle shall not be within the area so designated by the lines or marks.

(B) No owner or person in control of a vehicle shall allow that vehicle to occupy, in whole or in part, more than one parking space at a time. [1982 Code § 72.44; 1983 Code § 7.72.44.]

10.15.300 Deposit of coins – Exceptions.

(A) When a vehicle, during the time herein provided, shall be parked in any parking space alongside of or adjacent to which there is located a parking meter, the owner or person in control of the vehicle shall, upon entering the parking space, immediately deposit the applicable coinage of the United States of America in the parking meter located alongside or adjacent to the parking space and perform all other operations as the nature of the parking meter may require. The parking space may then be used by the vehicle during the period of time allowed by that meter. The using of the parking space by any vehicle without depositing the coin in the parking meter shall be a violation of this article and punishable as provided by EMC 10.15.340. If the vehicle shall remain parked within such parking space beyond the parking time limit fixed for that parking space, the parking meter shall display a sign indicating illegal parking, and then the vehicle shall be considered as parking overtime and beyond the time fixed by the ordinance. The parking of any vehicle overtime or beyond the period of time fixed now or hereafter by ordinance in any part of the lot adjacent to which a meter is located shall be construed as a violation of this article by the owner or person in control of the vehicle so parked, punishable as hereinafter set forth in EMC 10.15.340. However, the provisions of this section and of EMC 10.15.340 shall not apply to any person who has served honorably in the Armed Forces of the United States of America during any war in which the United States has participated and who meets the requirements of subsection (B) of this section.

(B) Any person who has served honorably in the Armed Forces of the United States of America during any war in which the United States has participated, and who is receiving compensation for the loss, or loss of use, of one or both legs at or above the ankle under the laws administered by the Veterans Administration, shall, upon presenting evidence from the Veterans Administration of that fact to the City Clerk, and annually registering the vehicle the person operates with the Clerk, be entitled to exemption from the penalties imposed by EMC 10.15.340. It shall be the duty of the Clerk to keep a permanent record of the registration, which shall show the name of the veteran to whom the exemption was granted, his address, current motor vehicle license number of the vehicle used by the veteran, make of vehicle, abstract of the proof of eligibility furnished to the Clerk and the war in which the veteran incurred the disability. This record shall be open to public inspection at all times. The annual registration of such vehicles shall be made by the veteran subsequent to the purchase of State license plates for the ensuing year, and the exemption shall be valid only as to the vehicle registered with the Clerk while the license number so recorded is displayed upon the vehicle and while being operated by the veteran. [Ord. G-90-27, passed 12-3-90; Ord. G-81-42, passed 10-13-81. 1962 Code § 345.09; 1982 Code § 72.45; 1983 Code § 7.72.45.]

Cross-reference: Imposition of fine for violation, EMC 10.15.340(C).

10.15.310 Tampering.

No unauthorized person shall deface, injure, tamper with, open, or willfully break, destroy, or impair the usefulness of any parking meter. [Ord. G-81-42, passed 10-13-81. 1962 Code § 345.12; 1982 Code § 72.47; 1983 Code § 7.72.47.]

10.15.320 Use of slugs.

No person shall deposit or cause to be deposited in any parking meter any slug, device, or substitute for coinage of the United States. [Ord. G-90-27, passed 12-4-90; Ord. G-81-42, passed 10-13-81. 1962 Code § 345.13; 1982 Code § 72.48; 1983 Code § 7.72.48.]

10.15.330 Collection – Parking Meter Fund – Expenditure.

The City Clerk, through the Parking Meter Department, shall collect the money deposited in parking meters and all fines imposed for any parking violation and deposit the same in a special fund known as the Parking Meter Fund. Expenditures from the Parking Meter Fund shall be made only upon specific appropriation by the Common Council, pursuant to IC 36-9-12-5. [Ord. G-90-27, passed 12-4-90; Ord. G-81-42, passed 10-13-81. 1982 Code § 72.49; 1983 Code § 7.72.49.]

10.15.340 Violation – Fines and collection of fines.

(A) The failure to do any act required by this article or acting in a manner prohibited by this article shall constitute a violation of this article.

(B) Whenever any officer or person charged with enforcement of this article shall find that a provision of this article has been violated, the officer or enforcement person shall notify the owner or person in control of the vehicle in writing of the violation. The notice shall be in duplicate, shall be serially numbered, and shall show the specific violation charged, the State license number of the vehicle, and the owner’s name, if possible to immediately determine the same, and shall be signed by the enforcement person giving his identification number. One copy shall be given to the owner or person in control of the vehicle, if present. If the owner or person in control is not present to receive the notice, then the notice shall be posted or attached in a conspicuous place on the vehicle. The posting or attachment shall be deemed sufficient notice of the violation. It shall be the duty of the person enforcing the ordinance to file the duplicate copy thereof in the office of the City Clerk at the close of the day’s work, or at the first opportunity thereafter.

(C) Fines.

(1) There is hereby imposed a fine of $25.00 for each violation of the provisions of EMC 10.15.300(A). However, if the person cited pays said fine within 30 days of the issuance of the notice of violation, said fine shall be reduced to a fine of $15.00 per violation.

(2) There is hereby imposed a fine of $25.00 for each violation of EMC 10.15.310 or 10.15.320 plus the costs to repair or replace any damaged meter devices.

(3) For each violation of EMC 10.15.360 there is hereby imposed a fine of $25.00. However, if the person cited pays the fine to the City Clerk within 30 days of the date of issuance of the notice of violation, the fine shall be reduced to $15.00.

(4) There is hereby imposed a fine of $25.00 for removing, altering or in any way defacing a sign or mark authorized by EMC 10.15.290(A) or for removing any chalk mark or other regulatory device used to monitor the time of free parking zones.

(5) There is hereby imposed a fine of $400.00 to be assessed against any person who attempts to remove, alter, deface, or damage an immobilization device which has been placed on a vehicle pursuant to this chapter.

(6) The fine for parking in a handicapped space in violation of EMC 10.15.430 shall be $200.00 per violation. Said fine shall be reduced to $100.00 if paid to the City Clerk within 30 days of the date of violation.

(D) It shall be the duty of the City Clerk to commence the appropriate legal action in the name of the City and to collect the fines and penalties imposed by this article. If it becomes necessary to commence court proceedings to collect the fines and penalties, the City, through the office of the City Clerk, shall be entitled to recover all costs of the proceedings as may be allowed by law. All fines and penalties collected under this article shall be paid to and accounted for by the City Clerk as now or may hereafter be provided by law. [Ord. G-2009-35 § 1, passed 12-17-09; Ord. G-2004-18, passed 11-19-04; Ord. G-93-33, passed 12-7-93; Ord. G-93-22, passed 10-12-93; Ord. G-90-27, passed 12-4-90; Ord. G-81-42, passed 10-13-81. 1982 Code § 72.50; 1983 Code § 7.72.50.]

10.15.350 Off-street parking lots.

(A) The Board of Public Works is hereby authorized to delegate the management, maintenance, and control of any off-street parking lots in the City to the Parking Meter Department. The Board of Public Works shall retain the right to revoke such delegation.

(B) Upon such delegation by the Board of Public Works to the Parking Meter Department:

(1) The Parking Meter Department is authorized to install meters for the regulation of parking on said lots.

(2) The Parking Meter Department shall be responsible for the management, maintenance, and control of said lots and the meters placed thereon.

(3) The below fees for metered parking on said lots shall be imposed:

(a) Three-hour meters: $0.25 per hour.

(b) Ten-hour meters: $0.25 per two and one-half hours. [Ord. G-90-27, passed 12-4-90; Ord. G-83-28, passed 7-18-83; Ord. G-82-36, passed 7-26-82; Ord. G-81-42, passed 10-13-81. 1982 Code § 72.52; 1983 Code § 7.72.52.]

10.15.360 Establishment of timed free parking zone – Location of zone – Time limit – Overparking.

(A) In any designated area of the City, parking at no cost will be allowed to all persons who own or control a vehicle properly parked on a street in a parking space for a period of time not to exceed the time limit posted on signs for that parking space.

(B) During those hours in which the timed free parking is monitored, no owner or person in control of a vehicle parked in a designated space shall allow that vehicle to occupy that space on a street for a period of time greater than the posted time limit. If the vehicle shall remain parked within such designated space beyond the posted time the vehicle shall be considered as parking overtime and the same shall be construed as a violation by the owner or person in control of the vehicle so parked.

(C) Each violation exceeding the applicable time limit increment shall constitute a separate offense. The person owning or in control of the vehicle may be fined separately for the overtime parking violation of each time unit. [Ord. G-90-27, passed 12-4-90; Ord. G-85-15, passed 4-22-85. 1982 Code § 72.55; 1983 Code § 7.72.55.]

10.15.370 When time restrictions are in effect.

The time restriction imposed by EMC 10.15.360 shall only be required of persons who own or control a vehicle occupying the spaces designated for timed free parking between the hours of 8:00 a.m. and 5:00 p.m. Monday, Tuesday, Wednesday, Thursday, and Friday. [Ord. G-90-27, passed 12-4-90; Ord. G-85-15, passed 4-22-85. 1982 Code § 72.56; 1983 Code § 7.72.56.]

10.15.380 Erection of signs – Method of parking.

The Traffic Engineering Department shall place and maintain painted signs or markers on the curbs or streets to designate timed free parking. A vehicle shall park within the lines or marks so established. It shall be a violation of this section to park any vehicle across any such line or mark or to park any vehicle in such a way that the vehicle shall not be within the area so designated by the lines or marks. No owner or person in control of a vehicle shall allow that vehicle to occupy, in whole or in part, more than one parking space at a time. [Ord. G-85-15, passed 4-22-85. 1982 Code § 72.57; 1983 Code § 7.72.57.]

Article III. Vehicle Immobilization Devices

10.15.390 Use of vehicle immobilization devices.

(A) There is hereby established a procedure providing for the immobilization of vehicles which have accumulated more than three unpaid parking citations (which citations have not been paid within 30 days of issuance) which have not been challenged in Court by the owner of the vehicle, under this chapter or which have been challenged and determined to have been properly issued.

(B) All parking citations (tickets) issued by the City Clerk (or other authorized personnel) shall have a notice on said citation reading as follows:

NOTICE – If you believe this parking ticket was improperly issued and if you wish to challenge the ticket you must go, in person, to the City Clerk’s Office in Room 314 of the Civic Center Complex, 1 NW Martin Luther King, Jr. Blvd., (812) 436-4992 within ten (10) business days and you will be informed of the Challenge Procedure. Failure to appear at the City Clerk’s Office within ten (10) business days after the issuance of the citation will be considered a waiver of your right to challenge the ticket.

NOTICE OF IMMOBILIZATION – If you accumulate more than three (3) unpaid, unchallenged parking citations your vehicle may have affixed to it an immobilization device rendering your vehicle inoperable. If your vehicle is immobilized there will be certain fees and charges to be paid by you prior to the immobilization device being removed from your vehicle.

(C) Challenge of Parking Citations. If the owner of a vehicle who receives a parking citation believes the citation was improperly issued, the person may challenge the citation by:

(1) Going in person, within 10 business days, to the office of the City Clerk and requesting the issuance of the citation be reviewed by the City Clerk.

(2) The City Clerk shall, within three business days, investigate the issuance of the citation.

(3) Within three business days after completing the investigation of the issuance of the citation, the City Clerk shall, by regular U.S. mail, notify the owner of the vehicle regarding the results of the investigation.

(4) If the City Clerk determines the citation to have been improperly issued the City Clerk shall void the citation.

(5) If the City Clerk determines the citation to have been properly issued the owner of the vehicle may further challenge the citation by presenting him/herself at the City Clerk’s office within 10 business days after the date of the notice of determination by the City Clerk and requesting, by written form prepared by the City Clerk, that the City of Evansville initiate a small claims action against the owner of the vehicle to determine the validity of the citation. The owner of the vehicle shall be advised by the City Clerk that if the matter is taken to small claims court and if a judgment is entered against the owner of the vehicle regarding the citation that court costs will be assessed against the owner of the vehicle.

(6) If the City Clerk is unavailable, the Deputy City Clerk shall have authority to act on her behalf herein.

(D) If a vehicle (license plate) accumulates more than three unpaid parking citations which have not been challenged by the owner of the vehicle or which have been challenged and determined to have been properly issued, the City Clerk may, upon locating the vehicle on a City street, City parking lot or in a City-operated parking garage, affix to the vehicle a device rendering the vehicle inoperable.

(E) There shall be a fee assessed against the owner of an immobilized vehicle in the amount of $40.00, or $65.00 if the immobilization device is removed from the vehicle after normal business hours of the City Clerk’s office. This fee is assessed to cover the City Clerk’s cost associated with the immobilization.

(F) Release of Immobilized Vehicles. The owner of a vehicle which has been immobilized may have the vehicle released in the following manner:

(1) By appearing at the City Clerk’s office within two business days of the immobilization of the vehicle and paying to the City Clerk the total of all unpaid parking citations outstanding against the license plate plus the immobilization fee. If the total of the unpaid parking citations exceeds $200.00 the Clerk may accept payment of $200.00 plus the immobilization fee and have the person sign a promissory note to the City of Evansville for payments in the amount of $10.00 per week. The promissory note shall advise the person that if they fail to make a weekly payment as agreed the vehicle (license plate) will be subject to immobilization if there remain more than three unpaid parking citations.

(2) If the owner of a vehicle which has been immobilized believes there were not more than three unchallenged (or which have been challenged and determined to have been properly issued) unpaid parking citations outstanding against the license plate on the immobilized vehicle and if the owner desires to challenge the immobilization, the owner may have the vehicle released by doing the following:

(a) The owner must appear in person at the City Clerk’s office within two business days of the immobilization of the vehicle; and

(b) Post a bond with the City Clerk in an amount equal to the immobilization fee plus the amount of outstanding or unpaid parking citations plus $90.00. However, in no event shall the bond exceed $200.00 plus the amount of the immobilization fee plus $90.00. The bond so posted shall be held by the City Clerk in a separate fund until a determination is made by the Hearing Officer regarding the challenge to the immobilization of the vehicle; and

(c) Sign an affidavit, pursuant to the penalties of perjury, wherein the owner states: (i) that the owner denies there are more than three unchallenged, unpaid parking citations outstanding against the license plate on the vehicle at the time of immobilization; (ii) that if the owner fails to appear for the hearing on the challenge to the immobilization the bond posted by the owner will be forfeited; (iii) that the owner understands that if the Hearing Officer finds the immobilization of the vehicle was proper under this chapter that the bond will be forfeited to the City of Evansville; (iv) the owner will sign a promissory note to the City of Evansville for the payment of the balance of any parking fines not paid out of the bond at the rate of $10.00 per week; (v) that the owner understands that if a promissory note is signed providing for weekly payments and if a weekly payment is not make as agreed that the vehicle will be subject to immobilization if there remain more than three unpaid parking citations; and

(d) If a person challenges the immobilization of their vehicle and complies with the procedure set forth above, the City Clerk shall arrange for a hearing to be held within 24 hours of the posting of the bond (excluding Saturdays, Sundays, legal holidays, or holidays as established by the City of Evansville). The hearing shall be conducted by a licensed attorney-at-law who may not otherwise be an employee of the City of Evansville. The only issue to be determined by the Hearing Officer will be whether there were more than three unchallenged, unpaid parking citations issued to the license plate on the vehicle at the time of the immobilization. The Attorney serving as the Hearing Officer shall be paid $90.00 for conducting the hearing; and

(e) If the Hearing Officer determines there were not more than three unchallenged, unpaid parking citations issued to the license plate on the vehicle at the time of the immobilization, the bond posted by the owner of the vehicle and the immobilization fee and the $90.00 shall be refunded to the owner within one business day following proper execution by the owner of a claim form as required by the State Board of Accounts.

(G) After-Hours Release of Immobilized Vehicles. The City Clerk shall establish a procedure whereby an immobilized vehicle may be released after the normal business hours of the City Clerk’s office by the owner of the vehicle contacting the Central Dispatch and by the owner of the vehicle otherwise complying with the procedure of subsection (F) of this section relating to the release of vehicles.

(H) Notice of Unpaid Parking Citations.

(1) If, as of the effective date of the ordinance codified in this section, a vehicle already has more than three unpaid parking citations outstanding against the license plate on the vehicle and if the vehicle is found, the City Clerk shall cause to be placed on the vehicle a notice indicating that if the owner of the vehicle does not appear at the City Clerk’s office within 10 business days and make arrangements for payment of the outstanding parking citations, the vehicle will be subject to immobilization.

(2) If the owner of a vehicle, prior to the vehicle being immobilized, appears at the City Clerk’s office and desires to make payments on outstanding parking citations, the City Clerk may accept immediate payment of 25 percent of the outstanding fines and a promissory note from the owner providing for weekly payments in the amount of $10.00 per week. If the owner fails to make a weekly payment as agreed and if there are more than three unpaid parking citations outstanding against the vehicle (license plate) the provisions of this immobilization ordinance shall apply.

(I) Notice of Procedures for Release of Vehicle. When a vehicle is immobilized the City Clerk shall cause a notice to be affixed to the vehicle advising the owner of the vehicle as to the procedures and requirements to have the immobilization devise removed and further advising the owner that if the vehicle remains immobilized for 72 hours, it will be considered an abandoned vehicle. [Ord. G-93-22, passed 10-12-93. 1983 Code § 7.72.59.]

Article IV. Evansville Dress Regional Airport

10.15.400 Airport Authority District to govern parking.

The Board of the Evansville-Vanderburgh Airport Authority District shall have the authority, at all times, to adopt regulations by ordinance, resolution, or otherwise, as it shall deem expedient, governing the parking and operation of vehicles within the confines of Evansville Dress Regional Airport; the rate, if any, to be charged for parking privileges, and hours during which parking privileges shall be in effect; the place where vehicles are authorized to be parked and the permissible times thereof; and the maximum and minimum speeds for the operation of vehicles within designated areas on the airport. Any and all regulations heretofore adopted by the Evansville-Vanderburgh Airport Authority District are hereby declared valid and are approved, ratified, and confirmed. [Ord. G-72-35, passed 12-18-72. 1962 Code § 347.01; 1982 Code § 72.60; 1983 Code § 7.72.60.]

10.15.410 Security officers to enforce regulations.

In addition to the City and its respective agencies, personnel, law enforcement officers and law officers, the duly qualified security officers of the Evansville-Vanderburgh Airport Authority District are hereby specifically authorized and shall have the power to enforce all rules and regulations by the issuance of tickets or citations for the violation of any rules or regulations, and to remove or cause to be removed and impounded, whenever deemed necessary, vehicles which are parked in violation of those rules and regulations. The City Clerk is directed and authorized to provide the security officers and personnel of the Evansville-Vanderburgh Airport Authority District the prescribed printed violation forms and citations used by the City law enforcement officers and personnel to enforce traffic laws and regulations. In addition to the power of the airport personnel and duly authorized security officers to enforce the ordinances, rules, and regulations duly adopted by the Evansville-Vanderburgh Airport Authority District, the personnel shall also have the authority to enforce any and all City and State traffic laws within the confines of the real estate comprising the Evansville-Vanderburgh Airport Authority District. [Ord. G-72-35, passed 12-18-72. 1962 Code § 347.02; 1982 Code § 72.61; 1983 Code § 7.72.61.]

10.15.420 Violations.

Any law enforcement officer of the City, any duly qualified officers of the Evansville-Vanderburgh Airport Authority District, or anyone designated by the City shall have the authority to notify owners or operators of violations of the regulations adopted by the Evansville-Vanderburgh Airport Authority District. The notices shall be placed on the windshield or on any other conspicuous part of the vehicle violating regulations and, in addition, the law enforcement officers, security officers, and personnel shall have the power to remove and impound vehicles which are parked in violation of the rules and regulations of the Evansville-Vanderburgh Airport Authority District at the expense of the owner or operator of the offending vehicles. [Ord. G-72-35, passed 12-18-72. 1962 Code § 347.03; 1982 Code § 72.62; 1983 Code § 7.72.62.]

Article V. Handicapped Parking

10.15.430 Handicapped parking.

(A) Definitions. For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:

“Lessee” means a person who has care, custody, or control of a motor vehicle under a written agreement for the rental or lease of the motor vehicle for less than 61 days. The term does not include an employee of the owner of the motor vehicle.

“Motor vehicle” shall have the meaning set forth in IC 9-13-2-105.

“Owner” means a person in whose name a motor vehicle is registered under (1) IC 9-18; (2) the laws of another state; or (3) the laws of a foreign country.

“Person with a physical disability” or “physically disabled person” means a person who has been issued a placard under IC 5-16-9 or a person with a disability registration plate for a motor vehicle issued by the Bureau of Motor Vehicles under IC 9-18-22, or issued under the laws of another state.

(B) The provisions of this section shall apply to properly designated parking spaces reserved for the parking of motor vehicles by persons with a physical disability, which properly designated parking spaces are:

(1) On City streets; City-owned, operated or financed parking facilities; or

(2) Privately owned parking facilities which provide parking spaces for the public and whose owners comply with the requirements of this chapter and who enter into an agreement with the City of Evansville regarding enforcement of this chapter. The agreement referred to herein shall be in the form required by the Board of Public Safety.

(C) Designation of Parking Spaces for Persons with a Physical Disability. Parking spaces for persons with a physical disability may be reserved and shall be designated by posting immediately adjacent to and visible from the space a vertical sign measuring at least 48 inches from the base of the sign post and bearing:

(1) The official international wheelchair symbol or a reasonable facsimile of that symbol; or

(2) A facsimile of the symbol displayed on the motor vehicle license plate of a person with a physical disability as such symbol may be designated by Indiana State law.

(D) Violations.

(1) No person shall park a motor vehicle which does not have displayed a placard of a person with a physical disability or a disabled veteran issued under IC 5-16-9 or under the laws of another state, or a registration plate of a person with a physical disability or a disabled veteran issued under IC 9-18-18 or 9-18-22, or under the laws of another state, in a properly designated reserved parking space intended for parking by a person with a physical disability.

(2) No person shall knowingly park in a properly designated and reserved parking space intended for a person with a physical disability while displaying a placard to which neither the person nor the person’s passenger is entitled.

(3) No person shall display for use in parking in a properly designated, reserved parking space intended for use by a physically disabled person a placard or a special license plate that was not issued under IC 5-16-9, 9-18-18, or 9-18-22, or under the laws of another State.

(4) No person shall park in a properly designated and reserved parking space intended for use by a person with a physical disability if their vehicle displays a placard or special registration plate entitling the person to park in a parking space reserved for persons with physical disability, if at the time of using that designated parking space the person is not in the process of transporting a person with a physical disability or a person who is a disabled veteran.

(E) Penalty for Violations. If any person violates the provisions of this section, the owner of such vehicle shall be responsible for the payment of a fine of $200.00 at the office of the City Clerk. If a person pays the fine to the City Clerk within 30 days of the date of issuance of the citation, the fine shall be reduced to $100.00. The owner of a vehicle illegally parked in a handicapped parking space for more than four hours shall be subject to having the car towed for being a public nuisance. The owner of such towed vehicle shall be responsible for all towing and storage charges.

(F) Release of Towed Vehicle. If a vehicle is towed pursuant to the provisions of this chapter, the owner of the vehicle, upon adequate proof of ownership, may obtain the release of the vehicle by paying to the City of Evansville, or its authorized agent, the cost of said towing and any storage charges as established by the Board of Public Safety. If a person challenges the issuance of a parking citation under this chapter and if it is determined the citation was not properly issued, the City of Evansville, upon the owner executing a claim form as required by the State Board of Accounts, shall be refunded any towing and storage fee previously paid by the owner. [Ord. G-2004-18, passed 11-19-04; Ord. G-93-22, passed 10-12-93; Ord. G-87-30, passed 10-13-87. 1982 Code § 72.73; 1983 Code § 7.72.73.]

Article VI. Park Property

10.15.440 Parking on parks property.

The Board of Park Commissioners is hereby authorized to establish rules and regulations for the parking of vehicles on property under the jurisdiction of the Board of Park Commissioners. [Ord. G-91-12, passed 4-2-91. 1982 Code § 72.80; 1983 Code § 7.72.80.]

10.15.450 Violation and charges.

(A) It shall be a violation of this chapter for any person to fail to do any act required by the rules and regulations of the Parks Board or to act in a manner prohibited by said rules and regulations. The parking restrictions established by the Board of Park Commissioners shall be indicated by appropriate signage or markings to give warnings to drivers as to what action is required or prohibited.

(B) The fines for parking in violation of this section shall be as follows:

(1) Parking in a handicapped space: $20.00 but shall be reduced to $10.00 if paid to the office of the City Clerk within 30 days of the date of violation.

(2) All other violations: $8.00 but shall be reduced to $5.00 if paid to the office of the City Clerk within 30 days of the date of violation.

(C) In addition to the fines imposed in subsection (B) of this section, a vehicle may be towed at the owner’s expense if:

(1) Notice is posted indicating that a vehicle parked in violation may be towed at the owner’s expense;

(2) Such vehicle obstructs traffic flow or another vehicle; or

(3) Such vehicle is improperly parked in a fire lane or presents a danger to any person.

In addition to towing fees, the owner of the vehicle in violation shall pay all storage fees associated therewith before the vehicle is released.

(D) The owner and person in control of a vehicle shall be jointly and severally responsible for all fines, fees and charges provided herein. [Ord. 91-12, passed 4-2-91. 1982 Code § 72.81; 1983 Code § 7.72.81.]

Article VII. Redevelopment Property

10.15.460 Parking on redevelopment property.

The Redevelopment Commission is hereby authorized to establish rules and regulations for the parking of vehicles on property under the jurisdiction of the Redevelopment Commission. [Ord. G-97-5, passed 3-3-97. 1983 Code § 7.72.90.]

Article VIII. Enforcement

10.15.470 Violation and charges.

(A) It shall be a violation of this chapter for any person to fail to do any act required by the rules and regulations of the Redevelopment Commission or to act in a manner prohibited by said rules and regulations. The parking restrictions established by the Redevelopment Commission shall be indicated by appropriate signage or markings to give warnings to drivers as to what actions are required or prohibited.

(B) The fines for parking in violation of this section shall be as follows:

(1) The fine for parking in a handicapped space in violation of this chapter shall be $200.00 per violation. Said fine shall be reduced to $100.00 if paid to the City Clerk within 30 days of the date of violation.

(2) For all violations except for handicapped parking violations, the fine shall be $20.00 per violation. If said fine is paid to the City Clerk within 30 days of the date of violation, the fine shall be reduced to $10.00 per violation, except for violation of handicapped parking requirements.

(C) In addition to the fines imposed in subsection (B) of this section, a vehicle may be immobilized at owner’s expense pursuant to EMC 10.15.390.

(D) In addition to the fines imposed in subsection (B) of this section, or immobilization discussed in subsection (C) of this section, a vehicle may be towed at owner’s expense if:

(1) Notice is posted indicating that a vehicle parked in violation may be towed at the owner’s expense;

(2) Such vehicle obstructs traffic flow or another vehicle; or

(3) Such vehicle is improperly parked in a fire lane or presents a danger to any person.

In addition to towing fees, the owner of the vehicle in violation shall pay all storage fees associated therewith before the vehicle is released.

(E) The owner and person in control of a vehicle shall be jointly and severally responsible for all fines, fees and charges provided herein. [Ord. G-2004-18, passed 11-19-04; Ord. G-97-5, passed 3-3-97. 1983 Code § 7.72.91.]

10.15.480 Authorization to enforce parking regulations.

The City Clerk’s office, through the Parking Meter Department, the Police Department, and any other agency of the City authorized to enforce parking regulations, may enforce parking regulations adopted by the Redevelopment Commission for the parking of vehicles on property under the jurisdiction of the Redevelopment Commission. [Ord. G-97-5, passed 3-3-97. 1983 Code § 7.72.92.]

10.15.490 Penalty.

(A) Failure to do any act required by EMC 10.15.010 through 10.15.160 or 10.15.230 or acting in a manner prohibited by the above-mentioned sections shall constitute a violation thereof.

(B) There is hereby imposed a fine of $25.00 for each violation of EMC 10.15.010 through 10.15.160 or 10.15.230. However, if the fine is paid to the City Clerk within 30 days from the date of violation, the fine shall be reduced to $15.00 per violation. [Ord. G-2010-4, passed 2-23-10; Ord. G-2004-18, passed 11-19-04; Ord. G-93-22, passed 10-12-93; Ord. G-87-30, passed 10-13-87; Ord. G-81-42, passed 10-13-81. 1982 Code § 72.99; 1983 Code § 7.72.99.]