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6-6.10   Statutes Applicable.
   This Section shall be construed to conform to the provisions of M.G.L. Chapter 90, Sections 20A½, 20C, 20D and 20E, as amended, and to M.G.L. Chapter 90C, Section 4A, as amended and other applicable laws of the commonwealth.
(Ord. 1982 c. 14; CBC 1985 6-6.10)
6-7   DISABLED VETERANS/HANDICAPPED PARKING.
6-7.1   Purpose.
   The purpose of this Section is to ensure Boston residents who are disabled veterans or handicapped have access to public and private facilities and services; to provide regulations for the designation, enforcement and penalty for misuse of parking areas designated as reserved for disabled veterans or handicapped persons; and to establish a temporary identification system for use of parking areas designated as reserved for disabled veterans or handicapped persons.
(Ord. 1983 c. 20; CBC 1985 6-7.1)
6-7.2   Scope.
   (A)   This Section shall apply to any person or body that has lawful control of a public or private way or enclosed property used as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings or for any other place where the public has a right of access as invitees or licensees.
   (B)   Such persons or bodies shall designate parking areas as reserved for motor vehicles owned and operated by a disabled veteran or a handicapped person whose vehicle bears the HP/V distinguishing license plate authorized by M.G.L. Chapter 90, Section 2 or the temporary identification authorized by the provisions of this Section.
   (C)   Such persons or bodies shall assure that said spaces conform with the size, width and location requirements as set forth in M.G.L. Chapter 40, Section 21, Clause 13(a).
   (D)   Such persons or bodies shall display signs which state that HP/V parking regulations shall be enforced.
   (E)   Parking spaces designated as reserved under the provisions of this Section shall be identified by the use of above-grade signs with white lettering against a blue background and shall bear the words “HP/V PARKING ONLY: Special Identification Required. Unauthorized vehicles May be Ticketed or Removed at Owner’s Expense”. Complaints shall be referred to the Commission on the Handicapped for enforcement.
   (F)   The Department of Traffic and Parking may deny or revoke licenses granted pursuant to M.G.L. Chapter 148, Section 56 to licensees of open-air parking spaces not in compliance with the provisions of this Section.
   (G)   The Department of Traffic and Parking shall be authorized to remove or select an independent contractor to remove motor vehicles obstructing any curb ramp designated for use by disabled veterans or handicapped persons or obstructing any parking spaces reserved for a motor vehicle owned and operated by a disabled veteran or handicapped persons whose vehicle bears the distinguishing license plate authorized by M.G.L. Chapter 90, Section 2 or who is in possession of the temporary identification authorized by the provisions of this Section.
   (H)   There shall be two forms of motor vehicle identification for the purpose of this Section. The HP/V distinguishing license plate authorized by M.G.L. Chapter 90, Section 2 and the temporary identification authorized by the provisions of this Section.
(Ord. 1983 c. 20; CBC 1985 6-7.2)
Editor’s note:
   The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
6-7.3   Identification Card.
   The Commission on Handicapped in cooperation with the Department of Traffic and Parking shall issue a temporary identification card certifying the right of the holder to use parking spaces designated as reserved for disabled veterans or handicapped persons in the following circumstances: disabled veterans or handicapped persons who have applied for but not yet received the distinguishing license plate authorized by M.G.L. Chapter 90, Section 2; disabled veterans or handicapped persons whose motor vehicle is out of service and who are using a motor vehicle not bearing said distinguishing license plate; disabled veterans or handicapped persons who have an out-of-state HP/V license plate; and individuals who have acquired a temporary disability of a severe nature and who can provide medical documentation of same. A separate dashboard card shall be issued to those who transport persons who are blind or mobility impaired which will allow 60-minute parking in HP/V designated areas. Said cards shall be valid for a maximum of 90 days and shall be distinctive so as to disallow fraud, and shall be numbered and tracked by a comprehensive record keeping process. Any person who improperly uses a motor vehicle with a HP/V distinguishing plate or temporary identification authorized by the provisions of this Section shall be subject to a fine of $200. If a person receives a parking violation while properly using HP/V distinguishing plate or temporary identification authorized by the provisions of this Section, said violation shall be dismissed if, prior to 21 days evidence demonstrating to use handicapped parking rights at the time of receiving the ticket.
(Ord. 1983 c. 20; Ord. 1984 c. 8; CBC 1985 6-6.3)
Editor’s note:
   The powers and duties of the Traffic and Parking Commission, the Traffic and Parking Commissioner and the Traffic and Parking Department were assumed by the Transportation Commission, the Transportation Commissioner and the Transportation Department respectively under the provisions of s. 20 of Ch. 608 of the Acts of 1986.
6-7.4   Revocation of Designated Parking Space.
   Whenever the Transportation Department shall have designated a particular parking space as reserved for handicapped persons as a result of a request made by a qualified resident applicant residing nearby and two years have elapsed since designation, the person who filed the request shall be notified in writing that unless an affidavit of continued need (in a form to be provided by the Department) is filed within 60 days, the designation will be revoked. Where no such affidavit is timely filed, the designation shall be deemed revoked and marking signs removed forthwith.
(CBC 1985 6-7.4; Ord. 1996 c. 13)
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