§ 361.06. Parking privileges for persons with a mobility impairment.

(a)

As used in this section, the following terms have the meanings ascribed to them in this subsection:

(1)

Mobility impairment. A person with a "mobility impairment" means a person who is a citizen of West Virginia and as determined by a physician, allopath or osteopath licensed to practice in West Virginia:

a.

Cannot walk 200 feet without stopping to rest;

b.

Cannot walk without the use of or assistance from a brace, cane, crutch, prosthetic device, wheelchair, other assistive device or another person;

c.

Is restricted by lung disease to such an extent that the person's force (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter or the arterial oxygen tension is less than 60 mm/hg on room air at rest;

d.

Uses portable oxygen;

e.

Has a cardiac condition to such an extent that the person's functional limitations are classified in severity as Class III or Class IV according to standards established by the American Heart Association; or

f.

Is severely limited in his ability to walk because of an arthritic, neurological, or other orthopedic condition.

(2)

Special registration plate means a registration plate that displays the international symbol of access in a color that contrasts with the background, in letters and numbers the same size as those on the plate, and which may be used in lieu of a regular registration plate.

(3)

Removable windshield placard (permanent or temporary) means a two-sided, hanger style placard measuring three inches by 9½ inches, with all of the following on each side:

a.

The international symbol of access, measuring at least three inches in height, centered on the placard, in white on a blue background for permanent designations and in white on a red background for temporary designations;

b.

An identification number measuring one inch in height;

c.

An expiration date in numbers measuring one inch in height; and

d.

The seal or other identifying symbol of the issuing authority.

(4)

Public entity means state or local government or any department, agency, special purpose district or other instrumentality of a state or local government.

(5)

Public facility means all or any part of any buildings, structures, sites, complexes, roads, parking lots or other real or personal property, including the site where the facility is located.

(6)

Place(s) of public accommodation means a facility or facilities operated by a private entity whose operations affect commerce and fall within at least one of the following categories:

a.

Inns, hotels, motels and other places of lodging;

b.

Restaurants, bars or other establishments serving food or drink;

c.

Motion picture houses, theaters, concert halls, stadiums or other places of exhibition or entertainment;

d.

Auditoriums, convention centers, lecture halls or other places of public gatherings;

e.

Bakeries, grocery stores, clothing stores, hardware stores, shopping centers or other sales or rental establishments;

f.

Laundromats, dry cleaners, banks, barber and beauty shops, travel agencies, shoe repair shops, funeral parlors, gas or service stations, offices of accountants and attorneys, pharmacies, insurance offices, offices of professional health care providers, hospitals or other service establishments;

g.

Terminals, depots or other stations used for public transportation;

h.

Museums, libraries, galleries or other places of public display or collection;

i.

Parks, zoos, amusement parks or other places of recreation;

j.

Public or private nursery, elementary, secondary, undergraduate or post-graduate schools or other places of learning and day care centers, senior citizen centers, homeless shelters, food banks, adoption agencies or other social service establishments; and

k.

Gymnasiums, health spas, bowling alleys, golf courses or other places of exercise or recreation.

(7)

Commercial facility means a facility whose operations affect commerce and which are intended for nonresidential use by a private entity.

(8)

Accessible parking formerly known as "handicapped parking" is the present phrase consistent with language within the Americans with Disabilities Act (ADA).

(b)

An accessible parking space should comply with the provisions of the Americans with Disabilities Act accessibility guidelines, contained in 28 CFR 36, Appendix A, Section 4.6. In particular, the parking space should be a minimum of eight feet wide with an adjacent eight-foot access aisle for vans having side mounted hydraulic lifts or ramps or a five-foot access aisle for standard vehicles. Access aisles should be marked using diagonal two-inch to four-inch-wide stripes spaced every 12 or 24 inches apart or other appropriate markings denoting that the space is a no-parking zone. All accessible parking spaces should have a signpost in front or adjacent to the accessible parking space displaying the international symbol of access sign mounted at a minimum of eight feet above the pavement or sidewalk and the top of the sign. Lines or markings on the pavement or curbs for parking spaces and access aisles may be in any color, although blue is the generally accepted color for accessible parking.

(c)

A vehicle from any other state, United States territory or foreign country displaying an officially issued special registration plate, placard or decal bearing the international symbol of access shall be recognized and accepted as meeting the requirements of this section, regardless of where the plate, placard or decal is mounted or displayed on the vehicle.

(d)

Free stopping, standing or parking places marked with the international symbol of access shall be designated in close proximity to all public entities, including state, county and municipal buildings and facilities, places of public accommodation and commercial facilities. These parking places shall be reserved solely for persons with a mobility impairment at all times.

(e)

Any person whose vehicle properly displays a valid, unexpired special registration plate or removable windshield placard may park the vehicle for unlimited periods of time in parking zones unrestricted as to length of parking time permitted; provided, that this privilege does not mean that the vehicle may park in any zone where stopping, standing or parking is prohibited or which creates parking zones for special types of vehicles or which prohibits parking during heavy traffic periods during specified rush hours or where parking would clearly present a traffic hazard. The privileges provided for in this subsection apply only during those times when the vehicle is being used for the loading or unloading of a person with a mobility impairment. Any person who knowingly exercises, or attempts to exercise, these privileges at a time when the vehicle is not being used for the loading or unloading of a person with a mobility impairment is guilty of a misdemeanor and, upon first conviction thereof, in addition to any other penalty he may otherwise incur, shall be fined $100.00; upon second conviction thereof, in addition to any other penalty he may otherwise incur, shall be fined $300.00; and upon third and subsequent convictions thereof, in addition to any other penalty he may otherwise incur, shall be fined $500.00.

(f)

Any person whose vehicle does not display a valid, special registration plate or removable windshield placard may not stop, stand or park a motor vehicle in an area designated, zoned or marked for accessible parking with signs or instructions displaying the international symbol of access, either by itself or with explanatory text. Such signs may be mounted on a post or a wall in front of the accessible parking space and instructions may appear on the ground or pavement, but use of both methods is preferred. Accessible parking spaces for vans having an eight-foot adjacent access aisle should be designated as "van accessible" but may be used by any vehicle displaying a valid special registration plate or removable windshield placard. These spaces are intended solely for persons with a mobility impairment, as defined in this section; provided, that any person in the act of transporting a person with a mobility impairment as defined in this section, may stop, stand or park a motor vehicle not displaying a special registration plate or removable windshield placard in the area designated for accessible parking by the international symbol of access for the limited purposes of loading or unloading a passenger with a mobility impairment: provided, however, that the vehicle shall be promptly moved after the completion of this limited purpose. Any person who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined $100.00; upon second conviction thereof, in addition to any other penalty he may otherwise incur, shall be fined $300.00; and upon third and subsequent convictions thereof, in addition to any other penalty he may otherwise incur, shall be fined $500.00.

(g)

All signs that designate areas as "accessible parking" or that display the international symbol of access shall also include the words "Up to $500.00 fine."

(h)

No person may stop, stand or park a motor vehicle in an area designated or marked off as an access aisle adjacent to a van-accessible parking space or regular accessible parking space. Any person, including a driver of a vehicle displaying a valid removable windshield placard or special registration plate, who violates the provisions of this subsection is guilty of a misdemeanor and, upon conviction thereof, shall be fined $100.00; upon second conviction thereof, in addition to any other penalty he may otherwise incur, shall be fined $300.00; and upon third and subsequent convictions thereof, in addition to any other penalty he may otherwise incur, shall be fined $500.00.

(i)

Parking enforcement personnel who otherwise enforce parking violations are hereby authorized to issue citations for violations of this section and shall reference the number on the vehicle's license plate, since the driver normally will not be present.

(j)

A grace period is hereby established for individuals who, on the date of adoption of this code section, hold special registration plates or removable windshield placard bearing no expiration date. Said grace period shall expire on the date as designated by the West Virginia Commissioner of Motor Vehicles, after which time any undated registration plate or windshield placard is invalid and subject to confiscation by any police officer of the City.

(k)

To the extent any provision of any ordinance of the City is contrary to the provisions of this section, the provisions of this section shall take precedence and shall apply. (W. Va. Code, § 17C-13-6)

(l)

For the establishment of a residential vehicular parking zone for the exclusive use of a physically disabled driver/motorist the following information shall be required:

(1)

Applicant shall be a bona fide resident of the address where the parking space is requested and shall complete the appropriate City Accessible Parking Space form.

(2)

Applicant must have a State of West Virginia Accessible Parking Permit.

(3)

No fees shall be charged to the applicant.

(4)

Any residence that has a usable driveway and/or garage shall not be eligible for a residential accessible parking space.

(5)

Applicant's attending physician shall be required to complete the Medical Certification portion of the form in order that the Code Enforcement Officer may determine whether the disability is temporary or permanent.

(6)

If it becomes necessary for an applicant to renew a temporary permit, the applicant is required to renew the existing permit on or before the expiration date thereon.

(7)

Failure to provide current information shall result in cancellation of the residential accessible parking space within ten days after the expiration date. (On-street signing will be removed.)

(8)

A residential accessible parking space shall meet the requirements with the provisions of the Americans with Disabilities Act Guidelines, contained in 28 CFR 36.

(Code 1991, § 361.06; Ord. of 7-18-2005)