(a) All definitions of words in Section 351.17 shall be identical to those found in the definition sub-section of WV Code §17C-13-6.
(b) “Accessible parking” formerly known as “handicapped parking” is the present phase consistent with language within the Americans with Disabilities Act (ADA).
(c) The West Virginia Commissioner of Motor Vehicles issues to qualified applicants a special registration plate and/or a removable windshield placard (red for a six month duration or less or blue for a permanent mobility impairment). The placard shall be displayed by hanging it from the interior rearview mirror of the motor vehicle so that it is conspicuously visible from outside the vehicle when parked in a designated accessible parking space. The placard may be removed from the rearview mirror whenever the vehicle is being operated to ensure clear vision and safe driving. Only in the event that there is no suitable rearview mirror in the vehicle may the placard be displayed on the dashboard of the vehicle. The Commissioner also issues to each applicant who is granted a special registration plate or windshield placard an identification card bearing the applicant’s name, assigned identification number and expiration date. The applicant shall thereafter carry this identification card on his or her person whenever parking in an accessible parking space. The identification card shall be identical in design for both registration plates and removable windshield placards.
(d) Any person who falsely or fraudulently obtains or seeks to obtain the special plate or the removable windshield placard provided for in WV Code §17C-13-6(a) and any person who falsely certifies that a person is mobility impaired in order that 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.
(e) 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.
(f) 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 seven hundred dollars per identification card fabricated, used or sold.
(g) 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 seven hundred dollars.
(h) Any person covered by this section who sells or gives away their officially issued windshield placard to any person or organization not qualified to apply or receive the placard and then reapplies for a new placard on the basis it was stolen is committing a fraudulent act and is guilty of a misdemeanor and, upon conviction thereof, in addition to any other penalty he, she or they may otherwise incur, shall lose their right to receive or use a special placard or special license plate for a period of not less than five years. The City shall notify the West Virginia Commissioner of Motor Vehicles if such an infraction occurs.
(i) An accessible parking space should comply with the provisions of the Americans With Disabilities Act Accessibility Guidelines (ADAAG), contained in 28 C.F.R. 36, Appendix A, Section 4.6. In particular, the parking space should be a minimum of eight feet wide with an adjacent eight-foot access aisle for vans having side mounted hydraulic lifts or ramps or a five-foot access aisle for standard vehicles. Access aisles should be marked using diagonal two-to-four-inch wide stripes spaced every twelve or twenty-four inches apart or other appropriate markings denoting that the space is a no-parking zone. All accessible parking spaces should have a signpost in front or adjacent to the accessible parking space displaying the international symbol of access sign mounted at a minimum of eight feet above the pavement or sidewalk and the top of the sign. 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 accessible parking.
(j) 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. (Ord. 0-1161. Passed 11-9-04.)
(k) Stopping, standing or parking places marked with the intentional 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 at all times.
(Ord. 0-1421. Passed 7-24-12.)
(l) 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 parking privileges provided for in this subsection apply only during those times when the vehicle is being used for 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.
(m) 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 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; 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.
(n) 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”.
(o) No person may stop, stand or park a motor vehicle in an area designated or marked off as an accessible 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.
(p) City parking enforcement and meter control 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.
(q) In accordance with WV Code §17C-13-6(o), the City shall retain all fines and associated late fees established in this section. These revenues shall go into the City’s General Revenue Fund.
(r) There shall be a minimum of one accessible parking space out of 25 on all streets within the business district and placed as close as technically feasible to sidewalk curb ramps or curb cuts. Trash containers, mail boxes, newspaper vending units, flower pots or other containers shall not be placed on the sidewalk close to accessible parking spaces as they prevent effective van- accessible usability.
(s) All off-street public parking lots under the jurisdiction of the City shall have a minimum of one van-accessible parking space with an associated eight-foot access aisle. At all such lots with more than 25 parking spaces, there shall be a minimum of one out of 25 accessible parking spaces with the second through sixth accessible parking space having an associated five- foot access aisle. After the sixth accessible parking space, another van-accessible space is then required. All access aisles may be shared with a second accessible parking space. This provision complies with the ADA regarding the number and types of accessible parking spaces.
(t) The Chief of Police is further authorized to designate such other on-street accessible parking spaces to individuals who request such accommodation provided they show their identification card issued by the West Virginia Commissioner of Motor Vehicles identifying them as a person with a qualified mobility impairment as defined in the referenced West Virginia Code.
(Ord. 0-1161. Passed 11-9-04.)