(a) Definitions. As used in this section, the following terms have the meanings ascribed to them in this section:
(1) A person or applicant 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 two hundred 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 sixty 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 or her ability to walk because of an arthritic, neurological or other orthopedic condition;
(2) “Special registration plate” means a registration plate that display 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 nine and one-half 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) “Regular registration fee” means the standard registration fee for a vehicle of the same class as the applicant’s vehicle;
(5) “Public entity” means state or local government or any department, agency, special purpose district or other instrumentality of a state or local government;
(6) “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;
(7) “Place or places 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, bank, 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 services establishments; and
K. Gymnasiums, health spas, bowling alleys, golf courses or other places of exercise or recreation.
(8) “Commercial facility” means a facility whose operations affect commerce and which are intended for nonresidential use by a private entity.
(9) “Accessible parking” formerly known as “handicapped parking” is the present phrase consistent with language within the Americans with Disabilities Act (ADA).
(b) Fraudulently Obtaining Plate or Placard Prohibited. Any person who falsely or fraudulently obtains or seeks to obtain the special plate or the removable windshield placard and any person who falsely certifies that a person is mobility impaired in order than an applicant may be issued the special registration plate or windshield placard under this section is guilty of a misdemeanor and, upon conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars. Any person who fabricates, uses or sells unofficially issued windshield placards to any person or organization is committing a fraudulent act and is guilty of a misdemeanor and, upon conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars per placard fabricated, used or sold. Any person who fabricates, uses or sells unofficially issued identification cards to any person or organization is committing a fraudulent act and is guilty of a misdemeanor and, upon conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars per identification card fabricated, used or sold. Any person who fabricates, uses or sells unofficially issued labels imprinted with a future expiration date to any person or organization is committing a fraudulent act and is guilty of a misdemeanor and, upon conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars ($500.00).
(c) Foreign Plate, Decal or Placard. 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) Designation of Parking Spaces. 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 mobility impairment at all times.
(e) Permitted Parking/Unauthorized Use/Penalty.
(1) Any person whose vehicle properly displays a valid, unexpired special registration plate or removable windshield placard issued by the State of West Virginia pursuant to the provisions of West Virginia Code §17C- 13-6 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 means 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. To the extent any provision of any ordinance of any political subdivision of this state is contrary to the provisions of this section, the provisions of this section take precedence and apply.
(2) The parking 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 or she may otherwise incur, shall be fined one hundred dollars; upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined three hundred dollars; and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars.
(f) Prohibited Parking/Enforcement/Penalty.
(1) Any person whose vehicle does not display a valid, special registration plate or removable windshield placard shall 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. The 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 one hundred dollars ($100.00); upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined three hundred dollars; and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars.
(2) All signs that designate areas as “accessible parking” or that display the international symbol of access shall also include the words “Up to $500 fine”.
(3) 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 one hundred dollars; upon second conviction thereof, in addition to any other penalty he or she may otherwise incur, shall be fined three hundred dollars; and upon third and subsequent convictions thereof, in addition to any other penalty he or she may otherwise incur, shall be fined five hundred dollars ($500.00).
(4) Parking enforcement personnel who otherwise enforce parking violations may 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.
(5) The City of Fairmont may establish a program to use trained volunteers to collect information necessary to issue citations to persons who illegally park in designated accessible parking spaces. If the City of Fairmont establishes a program shall provide for workers’ compensation and liability coverage. The volunteers shall photograph the illegally parked vehicle and complete a form, to be developed by the City of Fairmont Police Department, that includes the vehicle’s license plate number, date, time and location of the illegally parked vehicle. The photographs must show the vehicle in the accessible space and a readable view of the license plate. Within the discretion of the City of Fairmont Police Department, the volunteers may issue citations or the volunteers may submit the photographs of the illegally parked vehicle and the form to the City of Fairmont Police Department, who may issue a citation, which includes the photographs and the form, to the owner of the illegally parked vehicle. Volunteers shall be trained on the requirements for citations for vehicles parked in marked, zoned or designated accessible parking areas by the City of Fairmont Police Department.
(6) The City of Fairmont shall retain all fines and associated late fees. These revenues shall be used first to fund the provisions of subsection (e) of this section, if such a program is established by the City of Fairmont, or otherwise shall go into the local authorities’ general revenue fund. Otherwise any moneys collected as fined shall be collected for and remitted to the state.
(Ord. 1235. Passed 8-8-03.)