ORDINANCE No. 2149

AN ORDINANCE TO AMEND CHAPTER 8 OF THE CITY OF EUREKA SPRINGS MUNICIPAL CODE

WHEREAS, the City of Eureka Springs (“the City”) currently recognizes the need to
further protect parking for the disabled within Eureka Springs; and

WHEREAS, the City Council believes that Chapter 8 of the Municipal Code needs
changes to more effectively deal with this issue

NOW THEREFORE, BE IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF EUREKA SPRINGS, ARKANSAS:

Section 1.   That section 8.40.03 Parking for the disabled is hereby amended to read as
follows:

A.    It is unlawful for any vehicle to be parked in an area designated for the exclusive use of
any person with a disability, unless the vehicle displays a special license plate, a special
certificate, or an official designation.  It also unlawful for any vehicle to be parked in an area designated for the exclusive use of any person with a disability, if operated by a person who is
not a person with a disability while not being used for the actual transporting of a person with a disability.

B.    Any person violating provisions of this section shall be guilty of a misdemeanor.

C.    Any person convicted of violating the provisions of this subsection shall be fined in an
amount not less than two hundred fifty dollars ($250) nor more than five hundred dollars ($500)
for the first offense and not less than five hundred dollars ($500) nor more than one thousand
dollars ($1,000) for the second and subsequent offenses, plus applicable towing, impoundment,
and related fees as well as court costs.

D.    Any of the following designations that are displayed on each parking space for persons with
disabilities and visible to the driver’s eye level shall be enforced as provided under this subchapter
and are regulatory in nature:  (a) A sign that displays the blue and white international symbol of
access accompanied by one (1) or more of the following phrases or a sign that states any of the
following:  (i) “Disabled Parking”; (ii) “Van Accessible”; (iii) “Handicapped Parking”; (iv)
“Reserved for Handicapped”; (v) “Reserved Parking” with the blue and white international symbol
of access; or (vi) “Permit Required – Towing Enforced”; or (b) A sign that is compliant with R7-8,
R7-8a, or R7-8b of the Manual on Uniform Traffic Control Devices promulgated by the Federal
Highway Administration of the United States Department of Transportation.  (2) Corresponding
pavement markings of the blue and white international symbol of access are preferred but not
required for enforcement of this subchapter.

E.    Enforcement:
a.)    Any law enforcement or parking enforcement official in the City of Eureka Springs may
enter upon any public parking space, public parking lot or public parking facility in the City for
the purpose of enforcing all codes with respect to accessible parking for a person with a disability.
b.)    Any law enforcement or parking enforcement official in the City of Eureka Springs may
enter upon the parking space, parking lot or parking facility of any private agency in the City for
the purpose of enforcing all codes with respect to accessible parking for a person with a disability.

Section 2.   All ordinances and parts of ordinances in conflict with this ordinance are
hereby repealed to the extent of such conflict.

Section 3.   That in the event that any section, paragraph, subdivision, clause, phrase, or
other provision or portion of this Ordinance shall be adjudged invalid or unconstitutional, the
same shall not affect the validity of the Ordinance, Code, code section or chapter as a whole, or
any part or provision other than the part so decided to be invalid or unconstitutional, and the
remaining provisions of the Ordinance, Code, code section or chapter shall remain in effect.

PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EUREKA SPRINGS, ARKANSAS, THIS 27th DAY OF FEBRUARY, 2012.


APPROVED:


____________________________________
Morris Pate, Mayor
ATTEST:


________________________________
Ann Armstrong, City Clerk/Treasurer



Aldermen voting “Aye” – Ken Pownall, James DeVito, Dean Kirkpatrick, and Parker Raphael.
Absent:  Butch Berry and Lany Ballance