TO: Mayor Bieter and Members of the Boise City Council INTERDEPARTMENTAL CORRESPONDENCE FROM: John Eichmann Parking and Central Services Manager

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1 CITY OF BOISE TO: Mayor Bieter and Members of the Boise City Council INTERDEPARTMENTAL CORRESPONDENCE FROM: John Eichmann Parking and Central Services Manager SUBJECT: Accessible Parking Ordinance DATE: November 30, 2006 On November 27, 2006, Bobby Ball, Executive Director of the ADA Task Force, issued a press release to KTRV television. The release was titled: Boise City not complying with state law. Ms. Ball takes issue with the proposed Accessible Parking ordinance which was tabled by the Boise City Council in April 2006, and which has been resubmitted for consideration and public testimony at the December 12 Council meeting. The following are Parking Services comments about Ms. Ball s statements in her press release (press release statements in italics). This ordinance will relieve Boise City from complying with a State law... According to the legal opinion given by Kevin Borger, Assistant City Attorney, the proposed ordinance fully complies with Idaho Statute When the law was created there was a way to modify the one in thirty five requirement by city ordinance only if a committee recommended something different. This is precisely the avenue the City of Boise is proposing. The Accessible Parking Committee, in existence since the 1990s, is tasked with assessing the accessible parking needs in the downtown core and making recommendations to the Parking Services Division, which then acts to create the accessible spaces. This [modification as listed above] was intended for rural cities and small towns so they wouldn t have to designate parking if there were only a couple of downtown blocks. It was not meant for the Capitol [sic] of the State and the largest metropolitan area in the state. Nowhere in Idaho Statute does the law address the relative sizes of towns and cities and the attending option of designating accessible parking based on small or large population. If that were the intent of the law, the legislature would have included it.

2 It is disappointing the cities [sic] legal and parking department do not interpret or get the intent of the law.. The City of Boise has interpreted the law; unfortunately for Ms. Ball, it is not the interpretation she desired. Again, intent in a law cannot be surmised. The City of Boise is of the opinion that it is in full compliance with state statute. The last time this issue was before City Council the Council was asked to not change the ordinance and work with advocacy organizations and people with disabilities to resolve this. President Maryanne Jordan and Council agreed and mandated the City Parking Control to gather stakeholders to work on issues related to all parking. No disability related organizations were contacted to participate, give input or notified of committee meetings and work. This shows bad faith effort on their part and now this new proposal shows they still do not want to provide accessible parking in the downtown area. The City of Boise Parking Committee was created as a result of Council direction, and includes members representing: Downtown Boise Association; Ada County Highway District; Capital City Development Corporation; Accessible Parking Committee; Community Planning Association; Valley Regional Transit; Southeast Neighborhood Association; Boise State University; and City of Boise departments of City Clerk, Fire, Police, Planning and Development Services, Public Works, ADA Coordinator, City Attorney, City Council, and Parking Services. The members of the Mayor-appointed Accessible Parking Committee, 80 percent of whom are disabled, would find it disheartening to know that they are not considered to be a disability related organization. They would also probably take issue with the statement that they still do not want to provide accessible parking in the downtown area. The full City of Boise Parking Committee received a report on the proposed ordinance from the chair of the Accessible Parking Committee, which gave a do pass recommendation. The full committee unanimously concurred with that recommendation, and reported its decision to the Growth Management Policy Team. We dispute the contention that the City of Boise shows bad faith effort. This proposal requires an application be submitted to the Handicap Parking Committee, who then makes a recommendation to Parking Control who make the final decision. They have added an appeal process to be heard by a hearing officer but it s unclear if this person is a city employee or how this person is designated. The proposed ordinance does have a provision for individual persons or businesses to make accessible parking requests. Obviously, since the requests would involve the public right-of-way, an application process would be needed, and there is nothing unusual in that requirement. Beyond individual requests, however, the Accessible Parking Committee is expected to make recommendations for spaces based on its own initiative. The Parking Services Division also relies on its enforcement officers and meter technician to offer recommendations, since those employees are constantly on the street, observing trends and needs. Should the Parking Services Division refuse an individual s application for an accessible parking space, the matter could be appealed to the City of Boise Hearing Examiner, as with many other application - 2 -

3 determinations from all departments. The Hearing Examiner is a well-established position in City government, and there is nothing new or mysterious in the duties or process. Their interpretation of the state law and adding parking by application isn t an effective way for people with disabilities to park downtown. In this statement, it appears that Ms. Ball concedes that the law might be subject to interpretation. While adding parking by application is provided for in the proposed ordinance, it is not the only avenue available, and Parking Services relies on the Accessible Parking Committee to provide assessments and recommendations. Disabled persons may choose from 39 exclusively designated on-street accessible parking spaces in the Boise downtown area. These spaces are reserved for disabled persons only. However, disabled persons are welcome and encouraged to utilize any other legal parking space, including metered and time-zoned, without any obligation to pay (metered) or move their vehicles within a particular period (time-zoned). While allowing for Idaho vehicle laws which prohibit hazard parking, a disabled person may park anywhere for as long as he or she desires without payment. The City of Boise adheres strictly to Idaho Statute (7) which grants those rights to registered owners of handicapped license plates or placards.... We even created a state law but keep hitting a wall when it comes to the largest populated city in the state. It also falls on the heels of [Boise City s] discrimination in housing which shows a pattern of bad intentions. The City of Boise Parking Services Division considers itself to be very sensitive to the needs of all its citizens, including the disabled. On-street parking spaces and their neighboring businesses and residences have many demands placed upon them, including the special needs for the disabled. The members of the Accessible Parking Committee have indicated that they prefer to focus local attention on the parking needs of their unique community, and that they will address those needs on a case-by-case basis. While the 39 reserved accessible parking spaces in the downtown area are available to the disabled, not all fall within metered zones. However, 35 of them do (the other four are in time zones). The ratio of accessible parking spaces to the current inventory of active parking meters is actually 1 in 36.46, and is very close to the 1- in-35 ratio Ms. Ball desires, even though the City of Boise has chosen to rely on the Accessible Parking Committee option which is offered in Idaho Statute (d). If Ms. Ball or any other citizen is of the opinion that the needs aren t receiving the attention they deserve, the proposed ordinance provides for resolution, including an appeal process. We fail to see how this can be considered to indicate a pattern of bad intentions. Attachments: Idaho Statute (7) [Free parking] Idaho Statute [specifically, 1(b) and 1(d)] City of Boise proposed Accessible Parking Ordinance Bobby Ball press release to KTRV television, November 27,

4 [Idaho Statute (7) provides for free parking and unlimited time periods for registered accessible vehicles. The City of Boise adheres to this statute, and grants full parking rights to those displaying the special license plate or placard, whether the vehicle is parked on a meter or in a time zone.] Idaho Statutes TITLE 49 MOTOR VEHICLES CHAPTER 4 MOTOR VEHICLE REGISTRATION SPECIAL LICENSE PLATES AND PLACARDS FOR PERSONS WITH A DISABILITY -- PARKING PRIVILEGES -- PLACARDS FOR CERTAIN TEMPORARILY DISABLED PERSONS -- ENFORCEMENT. (7) Any motor vehicle displaying special license plates for a person with a disability, without regard to the state of residence or displaying the special placard provided in subsections (4) and (8) of this section, shall be allowed to park for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted, to park in spaces and zones designated for persons with a disability, and to park in any public parking space with metered parking without being required to pay any parking meter fee. The provisions of this subsection shall not be applicable to those zones or areas in which the stopping, parking, or standing of all vehicles is prohibited or which are reserved for special types of vehicles, to areas where vehicular parking is prohibited for periods in excess of forty-eight (48) hours, or to areas where parking is prohibited for certain periods of time in order to allow snow removal, street construction or maintenance or for other emergency purposes. Nothing herein shall prohibit the designation of parking spaces for use by disabled persons for unlimited periods of time.

5 Idaho Statutes TITLE 49 MOTOR VEHICLES CHAPTER 2 GENERAL PARKING SPACES FOR PERSONS WITH A DISABILITY -- MARKING AND SIGNING -- ENFORCEMENT. (1) Local governments and owners of private property open to public use shall designate parking zones and spaces to be used exclusively by vehicles displaying a special license plate for a person with a disability, or a special placard as prescribed in section , Idaho Code. Any parking zones and spaces so designated shall conform to the following requirements: (a) Parking lots will conform to the requirements of federal Public Law , Americans with disabilities act of (b) One (1) parking space shall be designated for every thirty-five (35) spaces of on-street parking available on each downtown street block. These parking spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for use by a person with a disability shall conform to the federal Americans with disabilities act. All accessible parking spaces shall be located on the shortest route to curb cuts and ramps for use by wheelchairs and other mobility aids and devices. For the purposes of this section, the term "downtown" means the business center of a city as designated by the city council of the city. The term "street block" means that portion of a city street between consecutive parallel intersections. (c) For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign consisting of the international accessibility symbol as shown in section , Idaho Code. (d) Should any city desire to modify any of the requirements of subsection (1)(a) or (b) of this section, a city council may do so by ordinance, after complying with the following requirements: 1. The city council, or any other body designated by the city council by ordinance, shall receive a recommendation from a board, commission or committee created in conformity with section , Idaho Code, of which at least one-half (1/2) of the members shall be persons with a disability as defined in section , Idaho Code; and 2. The city shall cause notice of public hearing on the proposed ordinance modifying the standards specified in subsection (1)(a) or (b) of this section, to be published in a newspaper of general circulation in the city at least fourteen (14) days before the public hearing. (2) Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in subsection (1)(c) of this section, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction, which is punishable by a fine

6 of one hundred dollars ($100). Vehicles parked in violation of this section may be towed pursuant to provisions of state law or local ordinance. (3) Law enforcement officials and/or their designees as authorized by a city or county are empowered to enter upon private property open to public use to enforce the provisions of this section.

7 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY, AND TIBBS AN ORDINANCE AMENDING BOISE CITY CODE TITLE 10, CHAPTER 11, SECTION 03 DISABLED PERSONS PARKING, UPDATING LANGUAGE FROM DISABLED TO ACCESSIBLE, CLARIFYING SUBSECTION (C) THAT BOISE CITY, AS ALLOWED BY STATE LAW, USES AN ACCESSIBLE PARKING COMMITTEE AND THE BOISE CITY DIVISION OF PARKING SERVICES TO DETERMINE THE LOCATION AND NUMBER OF ACCESSIBLE PARKING SPACES WITHIN THE BOISE CITY LIMITS; ADDING SPACE STANDARDS FOR ACCESS AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Boise City Code Section shall be amended to read as follows: Section DISABLED PERSONS ACCESSIBLE PARKING A. Parking a vehicle in a space reserved for the disabled, which space is marked in conformance with the requirements specified in Idaho Code, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a disabled person to enter or leave the vehicle, or unless a special license plate or card for the disabled as prescribed in Idaho Code, or a special temporary card as prescribed in Idaho Code, is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such a manner as it would block access to a curb cut or ramp. The registered owner of a vehicle parked in violation of the provisions of this section is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees. B. Law enforcement officials are empowered to enter upon private property open to the public to enforce the provisions of this section. C. Boise City Parking Control Services, upon recommendation from the Boise City Handicapped Accessible Parking Committee, is hereby granted authority to establish requirements for accessible disabled persons parking zones and spaces within the City of Boise pursuant to Idaho Code Section (d) D. Boise City Parking Control Services, in cooperation with the Boise City Handicapped Accessible Parking Committee, shall review and determine appropriateness of all applications from persons or businesses making requests for the placement of on-street accessible parking and shall also by their own recommendation place on-street accessible spaces as deemed appropriate to meet the needs of our community.

8 designate the placement, change or removal of on-street disabled person s parking spaces in the City by their own recommendation or upon application. 1. Disabled Persons Accessible Parking Space Applications: Persons wishing to request the placement, change or removal of parking spaces will make the request by application to Boise City Parking Control Services. Applications will be sent to the Boise City Handicapped Accessible Parking Committee for their review. The Handicapped Accessible Parking Committee will present the application with their recommendation to the Division of Parking Control Services for final disposition and order. 2. Appeal: Decision made by the Boise City Accessible Parking Committee may, upon filing a written request for review with Parking Services, be appealed to the Boise City Hearing Examiner hereby appointed. Title 5, Chapter 2 shall govern procedure and substantive review by the Hearing Examiner and the City Council. E. On-Street Disabled Person Accessible Parking Space Requirements: 1. These spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for handicapped accessible use shall be at least fourteen (14) feet in width. 2. All disabled person accessible parking spaces shall be near curb cuts and/or ramps for wheelchair and other mechanical devise usage. All accessible parking spaces shall be located in areas where persons exiting the vehicle will exit onto concrete surfaces. Any business or person requesting the placement of an accessible parking space on-street will be responsible for the placement and maintenance of such access area and be required to follow all guidelines as required by either Boise City and/or Ada County Highway District. 3. For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign, which is at least thirty-six (36) inches above the ground, consisting of the international handicapped symbol as shown in Idaho Code. F. Parking Violations: 1. The Parking or standing of a vehicle in a space reserved for the disabled including the area specifically designed and marked for loading and unloading, which space is signed in conformance with Idaho Code, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or card or temporary card for the disabled is displayed on the vehicle. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction. 2. Any unauthorized use of the plate or card shall constitute an infraction. Law enforcement officials shall enforce the provisions of this section and are empowered,

9 using reasonable discretion, to check personal identification to determine if the user of the plate or placard is the disabled person so authorized to use such disabled accessible persons parking privileges. (6243, Amended, 07/15/2003; 6005, Amended, 07/18/2000; 5746, Amended, 08/20/1996; 5593, Amended, 12/06/1994; 5263, Amended, 09/25/1990; 5125, Added, 10/11/1988) Section 2. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the Council of the City of Boise, Idaho, this, day of APPROVED by the Mayor of the City of Boise, Idaho this, day of ATTEST: APPROVED: CITY CLERK MAYOR

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11 ORDINANCE NO. BY THE COUNCIL: BISTERFELDT, CLEGG, EBERLE, JORDAN, SHEALY, AND TIBBS AN ORDINANCE AMENDING BOISE CITY CODE TITLE 10, CHAPTER 11, SECTION 03 DISABLED PERSONS PARKING, UPDATING LANGUAGE FROM DISABLED TO ACCESSIBLE, CLARIFYING SUBSECTION (C) THAT BOISE CITY, AS ALLOWED BY STATE LAW, USES AN ACCESSIBLE PARKING COMMITTEE AND THE BOISE CITY DIVISION OF PARKING SERVICES TO DETERMINE THE LOCATION AND NUMBER OF ACCESSIBLE PARKING SPACES WITHIN THE BOISE CITY LIMITS; ADDING SPACE STANDARDS FOR ACCESS AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF BOISE CITY, IDAHO: Section 1. That Boise City Code Section shall be amended to read as follows: Section DISABLED PERSONS ACCESSIBLE PARKING A. Parking a vehicle in a space reserved for the disabled, which space is marked in conformance with the requirements specified in Idaho Code, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a disabled person to enter or leave the vehicle, or unless a special license plate or card for the disabled as prescribed in Idaho Code, or a special temporary card as prescribed in Idaho Code, is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such a manner as it would block access to a curb cut or ramp. The registered owner of a vehicle parked in violation of the provisions of this section is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100.00) excluding court costs and fees. B. Law enforcement officials are empowered to enter upon private property open to the public to enforce the provisions of this section. C. Boise City Parking Control Services, upon recommendation from the Boise City Handicapped Accessible Parking Committee, is hereby granted authority to establish requirements for accessible disabled persons parking zones and spaces within the City of Boise pursuant to Idaho Code Section (d) D. Boise City Parking Control Services, in cooperation with the Boise City Handicapped Accessible Parking Committee, shall review and determine appropriateness of all applications from persons or businesses making requests for the placement of on-street accessible parking and shall also by their own recommendation place on-street accessible spaces as deemed appropriate to meet the needs of our community. O-78-06

12 designate the placement, change or removal of on-street disabled person s parking spaces in the City by their own recommendation or upon application. 1. Disabled Persons Accessible Parking Space Applications: Persons wishing to request the placement, change or removal of parking spaces will make the request by application to Boise City Parking Control Services. Applications will be sent to the Boise City Handicapped Accessible Parking Committee for their review. The Handicapped Accessible Parking Committee will present the application with their recommendation to the Division of Parking Control Services for final disposition and order. 2. Appeal: Decision made by the Boise City Accessible Parking Committee may, upon filing a written request for review with Parking Services, be appealed to the Boise City Hearing Examiner hereby appointed. Title 5, Chapter 2 shall govern procedure and substantive review by the Hearing Examiner and the City Council. E. On-Street Disabled Person Accessible Parking Space Requirements: 1. These spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for handicapped accessible use shall be at least fourteen (14) feet in width. 2. All disabled person accessible parking spaces shall be near curb cuts and/or ramps for wheelchair and other mechanical devise usage. All accessible parking spaces shall be located in areas where persons exiting the vehicle will exit onto concrete surfaces. Any business or person requesting the placement of an accessible parking space on-street will be responsible for the placement and maintenance of such access area and be required to follow all guidelines as required by either Boise City and/or Ada County Highway District. 3. For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign, which is at least thirty-six (36) inches above the ground, consisting of the international handicapped symbol as shown in Idaho Code. F. Parking Violations: 1. The Parking or standing of a vehicle in a space reserved for the disabled including the area specifically designed and marked for loading and unloading, which space is signed in conformance with Idaho Code, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or card or temporary card for the disabled is displayed on the vehicle. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction. 2. Any unauthorized use of the plate or card shall constitute an infraction. Law enforcement officials shall enforce the provisions of this section and are empowered, O-78-06

13 using reasonable discretion, to check personal identification to determine if the user of the plate or placard is the disabled person so authorized to use such disabled accessible persons parking privileges. (6243, Amended, 07/15/2003; 6005, Amended, 07/18/2000; 5746, Amended, 08/20/1996; 5593, Amended, 12/06/1994; 5263, Amended, 09/25/1990; 5125, Added, 10/11/1988) Section 2. That this Ordinance shall be in full force and effect from and after its passage, approval and publication. PASSED by the Council of the City of Boise, Idaho, this, day of APPROVED by the Mayor of the City of Boise, Idaho this, day of ATTEST: APPROVED: CITY CLERK MAYOR O-78-06

14 EXHIBIT A O-78-06

15 O-78-06