Sunday, August 16, 2009
Georgia law on disabled parking spaces.
Georgia Code - Motor Vehicles & Traffic - Title 40, Section 40-6-226
(a) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities unless there is displayed on the driveŕs side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222 and unless such person is the person to whom such permit or license plate was issued; the person to whom such permit or license plate was issued is a passenger in the vehicle; or such vehicle is being used for the transportation of disabled passengers on behalf of the institution to which such permit was issued.
(a.1) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities which is designated 'For Persons With Disabled Ambulatory Assistive Devices Only' unless:
(1) There is displayed on the driveŕs side of the dashboard or hung from the rearview mirror of the parked vehicle a valid unexpired parking permit for persons with disabilities or unless there is attached to the vehicle a specially designated license plate for disabled veterans or other disabled persons authorized under subsection (d) of Code Section 40-6-222; and
(2) A person with disabilities who is using a wheelchair, crutches, walker, or other ambulatory assistive device is the driver of or a passenger in such vehicle.
(b)(1) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for persons with disabilities except for the purpose of allowing a disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for persons with disabilities.
(2) It shall be unlawful for any person to stop, stand, or park any vehicle in a parking place for the nonambulatory as provided by a business pursuant to the provisions of Code Section 40-6-225 except for the purpose of allowing a nonambulatory permanently disabled person to enter or get out of such vehicle while in such parking place. However, nothing in this paragraph shall prevent an ambulance or emergency vehicle from stopping in a parking place for the nonambulatory.
(3) It shall be unlawful for any person to stop, stand, or park any vehicle in any area directly connecting with a parking place for persons with disabilities which area is clearly designed and designated for access to such parking place for persons with disabilities. (I.E., the diagonally lined spaces to the right of "van accessible" disabled spaces at Walmart where perfectly able-bodied louts insist on parking their motorcycles illegally.
Hello, SMPD. How about some ticketing? )
(c) It shall be unlawful for any person to obtain by fraud or counterfeit a parking permit for persons with disabilities.
(c.1) It shall be unlawful for any person to knowingly and willfully make a false or misleading statement in an application for a parking permit for persons with disabilities or in the affidavit of a practitioner of the healing arts stating that an applicant is a disabled person.
(d) It shall be unlawful for any person or institution, other than the one to whom a parking permit for persons with disabilities or specially designated license plate for the disabled person is issued, to make use of a parking permit for persons with disabilities or specially designated license plate for a disabled person unless the person to whom such permit or license plate was issued is a passenger in such vehicle. It shall be unlawful for any person to use a parking permit for persons with disabilities for any institutional vehicle other than the vehicle for which the permit has been issued. It shall be unlawful for any person to use a parking permit for persons with disabilities issued to an institution for any purpose other than to transport disabled persons.
(e) No person shall park a vehicle so as to block any entrance or exit ramp used by persons with disabilities on public or private property. (Such as is done routinely by parents at the front door of the Camden Middle School, for example).
(f)(1) Any person violating subsection (c) or (c.1) of this Code section shall be guilty of a misdemeanor.
(2) Any person violating subsection (a), (a.1), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00. (SMPD: Have you EVER issued one?)
(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a parking place for persons with disabilities which is marked by a sign bearing the words 'Tow-Away Zone' as described in paragraph (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement.
(h) A property owner who is required to provide parking places for persons with disabilities shall designate each such place with a sign meeting the applicable requirements specified therefor by paragraph (3) of Code Section 40-6-221 and upon failure so to designate each such parking place for persons with disabilities shall be subject to a fine of $150.00 for each place which is not so designated; provided, however, that the fine will be waived if the required designation is made within 14 days from the date of citation. If that property owner fails or refuses to designate properly the parking places for persons with disabilities within such 14 days, the property owner shall, on the fifteenth day after receiving the citation, be subject to the $150.00 fine for each place and an additional $5.00 fine for each place for each day that the owner fails to comply with provisions of this subsection until the places are properly designated. All fines assessed under this subsection shall be paid into the treasury of the city or county issuing the citation against the owner.
(The Mill restaurant is in flagrant violation of this one. See if you can spot it. Hint. It's hidden underneath a car at the NW corner of the building. That the owner does not give a damn is self evident, but how about y'all, mayor and council - and building inspector?) And while I have your attention, mayor and council, take a look at the city hall disabled parking situation. Mr. Mayor, the space adjacent to your space out back is too narrow. Now look out front. I have to park a block away down in front of the DDA building. Morever, the couple of spaces in front of city hall are no where near ADA compliant. They are way too narrow with no way for folks with walkers and wheelchairs to get in and out. How about one van accessible space and two regular ones, done right, before the election?
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3 comments:
Give Them HELL, Jay. Of all places the city should be up to date on this.
Yes, you would think so.
Question: Are there ANY circumstances under which the management of a business can refuse handicapped parking to a person on the property for legitimate reasons? ...Situation:9/19 --a business with its own land and building had both a big annual sale and numerous events to call attention to the Trail of Tears events going on in the South East this weekend. Performers included Native American dancers, singers, and instrumentalists. There were vendors, including Native Americans, spread out on the grounds in front of the business. The two usual handicapped spaces were blocked off for the festivities and the six spaces outside that zone and closest to the entrance of the building were marked as handicapped with signage on orange cones. These spaces were no further away from the handicapped access ramp to the builidng than the permanent spaces. Volunteers assisted with directing the flow of traffic in the main entrance to parking to the side and rear of the building and out the side exit. They even created sufficient space on each side of each handicapped-marked vehicle for entering and exiting the vehicle on an individual basis. Parking and overnight camping for the vendors was provided in the far rear of the parking lot. Some of the Native Indian vendors and performers had hancicapped plates and, indeed, transported at least one passenger that apparently justified the use of a handicapped spot. At one point, two of the vendors' or entertainers' vehicles that had been "parked" by the volunteers in the temporary handicapped parking in the front lot and four other vehicles filled all six temporary spaces so another space was quickly set up for a disabled veteran as he arrived. All of this activity caught the attention of one of the store managers who said the vendors "knew better" because he/she had "kicked them out" of those spaces the previous day and proceeded to make these vendors and entertainers move their vehicles to the "vendor" parking in order to leave the front lot open for "customers."
I thought that the only two things anyone can do when wondering if handicapped- accessible accommodations are being used validly is to verify the presence of a handicapped or DV tag or a placard and and ask who in the vehicle is assigned that permit.
I started to warn the store management that they could find themselves in a legal situation, accused of being out of compliance with the handicapped parking provisions of the ADA; then I backed off, thinking I should try to make sure I knew what I was talking about before making a fool out of myself.
If the Native Americans were not able to meet the needs of the holder of the handicapped permit, or simply inconvienced by having to leave the lot, drive on the state highway a few hundred feet and enter back through the front entrance in order to transport a disabled person to and from the event, could they successfully bring suit and trigger federal charges? Thank You ... newbie
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