(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A PERSON WITH A MOBILITY IMPAIRMENT. A person who, as determined by a licensed physician:
(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 or her ability to walk because of an arthritic, neurological, orthopedic or other physical condition.
COMMERCIAL FACILITY. A facility whose operations affect commerce and which are intended for nonresidential use by a private entity.
PLACE(S) OF PUBLIC ACCOMMODATION. 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.
PUBLIC ENTITY. State or local government or any department, agency, special purpose district or other instrumentality of a state or local government.
PUBLIC FACILITY. 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.
REMOVABLE WINDSHIELD PLACARD (PERMANENT OR TEMPORARY). 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.
SPECIAL REGISTRATION PLATE. 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.
(B) A handicapped parking space should comply with the provisions of the Americans with Disabilities Act Guidelines, contained in 28 C.F.R. part 36, Appendix A, § 4.6. In particular, the parking space should be a minimum of eight feet wide with an adjacent access aisle for vans having side mounted handicap lifts. Access aisles should be marked using diagonal stripes or other appropriate markings denoting that the space is a no-parking zone. 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 handicapped 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 during the hours that those buildings are open for business.
(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 division (E) apply only during those times when the vehicle is being used for the transportation 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 transportation of a person with a mobility impairment, in addition to any other penalty he or she may otherwise incur, shall be fined an amount not to exceed state law.
(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 handicapped 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 handicapped parking space and instructions may appear on the ground or pavement, but use of both methods is preferred. Handicapped 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 may stop, stand or park a motor vehicle not displaying a special registration plate or removable windshield placard in the area designated for handicapped 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.
(G) Signs erected in the fixture that designate areas as “handicapped parking” or that display the international symbol of access shall also include the words “(not to exceed state law) 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 handicapped parking space.
(I) Parking enforcement personnel who otherwise enforce parking violations are hereby authorized to issue citations for violations of this section.
(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 state’s 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 municipality.
(K) To the extent any provision of any ordinance of the municipality 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) (Prior Code, § 361.06) Penalty, see § 75.99