§ 12.08.230. Disabled-parking enforcement volunteers—Parking citation issuance authority.

A.

Any person desiring to be appointed as a disabled-parking enforcement volunteer shall submit an application on a form established by the chief of police, or his designee. The applicant shall be at least eighteen years of age and meet the criteria for qualification as established in Section 681.0101, Texas Transportation Code. The applicant shall state his correct name, current address and telephone number on the application. The chief of police or his designee is authorized to require any additional information from the applicant as he deems necessary to complete the application and determine the qualifications of the applicant. The applicant shall sign all necessary documents to authorize the city and its police or human resources departments to conduct a criminal history record check of the applicant.

B.

Applications shall be submitted to the chief of police or his designee. The chief of police or his designees shall determine the qualifications of the applicant and make recommendations as to which applicants are qualified to be appointed as disabled-parking enforcement volunteers.

C.

Before any appointment may become effective, each disabled-parking enforcement volunteer shall:

1.

Satisfactorily complete a course of training on disabled parking law and enforcement to be developed and conducted by the police department;

2.

Sign a volunteer services agreement with the city in which the applicant:

a.

Acknowledges that such disabled-parking enforcement volunteer and his heirs and assigns have no rights to any claim against the city, its officers, employees and agents, for any injury, death or property damage resulting from or due to any and all disabled parking enforcement activities;

b.

Specifically holds harmless the city, its officers, employees and agents, from liability for any of his acts or omissions taken in connection with his appointment as a disabled-parking enforcement volunteer;

c.

Agrees to testify as may be required at all court and administrative proceedings relating to his issuance of a citation or filing of charges against a person for a violation of the disabled parking laws and that he agrees to voluntarily come to do so at the request of the parking violations bureau without the necessity for the issuance of a subpoena; and

d.

Agrees to comply with all applicable laws and ordinances as they relate to the performance of the volunteer services.

3.

Take and subscribe to an oath of office as may be prescribed by the city; and

4.

Make the election under Section 552.024, Texas Government Code, concerning the release or nonrelease of the information covered in that section, and complete any other forms, which the city determines are necessary in connection with the volunteer's services.

D.

Appointment of a disabled-parking enforcement volunteer shall become effective upon the execution of the volunteer services agreement by the city manager or designee and the volunteer and completion of the volunteer's training.

E.

Persons appointed as disabled-parking enforcement volunteers are authorized, as provided by Section 681.010, Texas Transportation Code, to issue citations and file complaints against any person relating to any vehicle found to be parked in a parking space or parking area designated for the exclusive use of vehicles transporting persons with disabilities in the city in violation of Sections 12.44.180 B.11. and 12.44.200 of this Code or Section 681.011, Texas Transportation Code, subject to the following limitations as provided herein and in Section 681.0101, Texas Transportation Code:

1.

No disabled-parking enforcement volunteer shall be deemed a peace officer, nor receive any compensation from the city while in the capacity of a disabled-parking enforcement volunteer;

2.

No disabled-parking enforcement volunteer shall have the power or duty to enforce other traffic, civil or criminal laws;

3.

No disabled-parking enforcement volunteer shall possess or carry firearms or other weapons while in the enforcement of the disabled parking laws; and

4.

No disabled-parking enforcement volunteer, and his heirs and assigns, shall be entitled to any indemnification or compensation from the State of Texas, County of El Paso, or the City of El Paso, and their officers, employees and agents, for any injury, death or property damage sustained as a result of or due to enforcement activities.

F.

All disabled-parking enforcement volunteers shall provide notice of any change of name, address or telephone number to the chief of police or his designee and to the human resources department no later than ten days after the effectiveness of such change.

G.

The chief of police or his designee may, at any time and without cause, remove the authorization of any person to act as a disabled-parking enforcement volunteer, by giving the person a written notice that his authorization to act as a disabled-parking enforcement volunteer has been removed.

(Ord. 16628 § 1, 2007; Ord. 12839, § 1, 1996)

(Ord. No. 17690, § 4, 12-6-2011)