§ 32-319. - Entry on private property without permission and parking in spaces reserved for the physically disabled, and placing or parking in fire lanes.
(a) No person shall make an entry with any vehicle upon real property owned or legally occupied by another, nor allow such vehicle to remain upon real property owned or legally occupied by another, without such owner's or occupant's consent, except where such private property is provided as public parking and the general use of the property is not restricted by signs or proper markings. Such parking restrictions may be enforced in accordance with this section or any other applicable provision of law.
(b) In all cases where such entry is made or a vehicle is allowed to remain without consent as specified in Subsection (a) above, except on unrestricted public parking, and is complained of by the owner or legal occupant of the premises, the burden is put upon the person making the entry to show that permission for such entry was given.
(c) It shall be unlawful for any person to place or park a motor vehicle in any parking space, van-accessible parking space side-striped area, wheelchair ramp, wheelchair unloading area or any portion thereof that is designated and posted as a reserved area for the parking of a motor vehicle operated by or transporting a physically disabled person unless such person has applied for and been issued a detachable insignia indicating physical disability under the provisions of 47 O.S. § 15-112, and such insignia is displayed as provided in 47 O.S. § 15-112 or in rules adopted pursuant thereto, or has applied for and has been issued a physically disabled special license plate pursuant to the provisions of paragraph 8 of 47 O.S. § 1136, and such license plate is displayed pursuant to the provisions of the Oklahoma Vehicle License and Registration Act. Vehicles unlawfully parked in van-accessible side-striped areas, whether with or without a physically disabled placard or plate, shall be subject to immediate tow and storage at the expense of the vehicle owner. It shall be unlawful for any person to place or park a motor vehicle in an area on private property accessible to the public and where the public is invited or on public property that is properly designated as a fire lane as provided in Chapter 20.
(d) For purposes of this section, reserved physically disabled parking spaces shall be deemed to be properly designated and posted when immediately in front of said reserved space there shall be displayed a standard international physically disabled wheelchair symbol sign or legend not less than 12 inches by 18 inches in size permanently mounted above ground not less than three feet nor more than eight feet from the road surface to the bottom of the sign.
(e) The Police Department shall have the authority to enter property as designated in Subsection (a) above to enforce the provisions of this section. Said enforcement shall be in compliance with the provisions of Section 32-95 or Section 32-128, whichever is applicable.
(f) Any person who violates the provision of this section making it unlawful to place or park a motor vehicle in an area designated as a fire lane shall, upon conviction thereof, be guilty of a Class "a" offense.
(g) Any person who violates the provision of this section making it unlawful to place or park a motor vehicle in an area designated for parking of motor vehicles of a physically disabled person shall, upon conviction thereof, be guilty of a Class "a" offense against the City and if convicted shall be punished by a fine not less than $150.00 and, in addition thereto, such person shall pay any and all reasonable and necessary charges incurred by the land owner or other person in having any motor vehicle removed from the property and stored. Provided, any person cited for a first offense of a violation of this section who has displayed a placard which has expired pursuant to paragraph 4 or 5 of Subsection D of 47 O.S. § 15-112 shall be entitled to dismissal of such charge and shall not be required to pay the fine or court costs if the person presents to the court within 30 days of the issuance of the citation a notice from the Department of Public Safety that the person has obtained a valid placard pursuant to the provisions of Subsection D of 47 O.S. § 15-112.
(Code 1970, § 34-115; Code 1980, § 32-319; Ord. No. 16089, § 1, 1-6-81; Ord. No. 17003, § 1, 1-18-83; Ord. No. 18448, § 1, 4-15-86; Ord. No. 18743, § 1, 4-28-87; Ord. No. 20512, § 1, 1-16-96; Ord. No. 20649, § 1, 9-10-96; Ord. No. 20703, § 1, 10-22-96; Ord. No. 20938, § 1, 11-12-97; Ord. No. 22272, § 1, 7-29-03; Ord. No. 23182, § 11, 11-17-06; Ord. No. 23678, § 1, 8-26-08)