(A) Definitions. The following definitions in this section apply to this section.
PARKING FACILITY. Any facility or combination of facilities for motor vehicle parking which contains parking spaces for the public. This does not include a parking facility that charges a fee for parking spaces.
PHYSICALLY HANDICAPPED PERSON. A person who has been issued a placard under this chapter or a handicapped registration plate for a motor vehicle by the Indiana Bureau of Motor Vehicles.
PUBLIC AGENCY. Means:
(1) The state of Indiana, its departments, agencies, boards, commissions and institutions (including state educational institutions as defined under Indiana law); and
(2) A county, city, town, township, school or conservancy district, other governmental unit or district or any department, board, or other subdivision of the unit of government.
(B) Reservation of spaces in public agency parking facility.
(1) Each parking facility must have parking spaces reserved for the use of physically handicapped persons according to the following schedule:
Total number of parking spaces in facility | Minimum number of reserved spaces |
Total number of parking spaces in facility | Minimum number of reserved spaces |
51 to 75 | 1 |
76 to 100 | 2 |
101 to 150 | 3 |
151 to 200 | 4 |
201 to 300 | 5 |
301 to 400 | 6 |
401 to 500 | 7 |
501 to 1,000 | 8 |
Over 1,000 | 10 |
(2) The reserved space or spaces under this chapter must be reserved by posting immediately adjacent to and visible from the space or spaces a sign which stands at least four feet high from ground level, bearing:
(a) The official international wheelchair symbol;
(b) A reasonable facsimile of that symbol; or
(c) A facsimile of the symbol displayed on the handicapped person's motor vehicle registration plate.
(C) Reservation of parking spaces on streets and in retail shopping malls.
(1) If a public agency has no parking facility under its jurisdiction or control available to private persons who desire to conduct business with the public agency, the public agency shall direct the local authority having jurisdiction over the portion of the streets which are adjacent to the facilities of the public agency to reserve parking spaces for the use of physically handicapped persons.
(2) If a retail shopping mall is constructed in whole or in part with revenue derived from a county economic development income tax, the local authority having jurisdiction over the portion of the streets adjacent to the retail shopping mall shall reserve parking spaces for the use of physically handicapped persons.
(3) Nothing in this section shall be interpreted to allow an owner of a parking facility which provides parking spaces for the public to avoid the requirement to provide handicapped parking spaces as provided in division (B) above.
(D) Size and location of parking spaces. Access facilities. The size and location of the parking spaces required under this chapter and the access facilities between a parking facility and the offices of the public agency must conform to one of the following:
(1) The Specifications of the American National Standards Institute as they existed on September 1, 1979.
(2) A later version of the specifications of the American National Standards Institute that is adopted in the rules of the fire prevention and building safety commission.
(E) Violations.
(1) No person shall park a motor vehicle which does not have displayed an unexpired handicapped person or a disabled veteran placard or parking permit issued under this chapter or under the laws of another state, or an unexpired handicapped or disabled veteran registration plate or decal issued under Indiana law, or under the laws of another state, in a parking space reserved under this chapter for a handicapped person's vehicle.
(2) No person shall knowingly park in a reserved handicapped parking space while displaying a handicapped person or disabled veteran placard, permit, registration plate or decal, to which neither he nor his passenger is entitled.
(3) No person shall display for use in parking in a reserved handicapped parking space a placard, permit, registration plate, or decal or special license plate that was not issued under this chapter, Indiana law, or under the laws of another state.
(F) Liability of owner or lessee for vehicle parked in reserved handicapped spaces; defenses.
(1) As used in this section, OWNER means a person in whose name a motor vehicle is registered under:
(a) Indiana law;
(b) The laws of another state; or
(c) The laws of a foreign country.
(2) As used in this section, LESSEE means a person who has care, custody, or control of a motor vehicle under a written agreement for the rental or lease of the motor vehicle for less than 61 days. The term does not include an employee of the owner of the motor vehicle.
(3) An owner or lessee of a motor vehicle commits a violation of this section if the motor vehicle:
(a) Is located in a parking space facility that is marked as a parking space reserved for the physically handicapped; and
(b) Does not display:
1. An unexpired handicapped parking permit or placard;
2. An unexpired disabled veteran's registration plate;
3. An unexpired handicapped registration plate or decal; issued under the laws of this state or another state.
(4) It is a defense to a violation of division (E)(3) if the owner:
(a) Proves that at the time of the alleged violation he was engaged in the business of renting or leasing vehicles under written agreements;
(b) Proves that at the time of the alleged violation the vehicle was in the care, custody, or control of a person (other than the owner or an employee of the owner) pursuant to a written agreement for the rental or lease of the vehicle for a period of 60 days or less; and
(c) Provides to the traffic violations bureau or court that has jurisdiction the name and address of the person who was renting or leasing the vehicle at the time of the alleged violation.
(5) |t is a defense to a violation of division (E)(3), that at the time of the violation of this section, the motor vehicle was the subject of theft, receiving stolen property, criminal conversion, or conversion of borrower.
(G) Penalties. Any person or entity who violates this section shall be fined in accordance with § 10.99. In each case $2 shall be deposited in the General Fund and the remainder deposited in the Parking Enforcement Fund established by the Code section.
(H) In addition, the officer enforcing this section may direct a towing company to tow the vehicle parked in a handicapped parking zone in violation of this statue to the place where the towing company keeps vehicles it tows. The owner or lessee of the vehicle who violated this statute will be responsible for all expenses involved with the towing. If the owner or lessee returns to the vehicle after a tow truck has been called but before it arrives, the owner or lessee shall pay all expenses connected with the vehicle's trip.
(I) The City Police Department, or any City law enforcement officer, can enforce this section.
(Ord. 2-2017, passed 4-19-2017)