(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSIBLE PARKING (formerly known as HANDICAPPED PARKING). The present phrase consistent with language within the American with Disabilities Act (ADA).
COMMERCIAL FACILITY. A facility whose operations affect commerce and which are intended for non-residential use by a private entity.
MOBILITY IMPAIRMENT. A person who is a citizen of the state and as determined by a physician, allopath or osteopath chiropractor, advanced nurse practitioner, or physician’s assistant licensed to practice in the state:
(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, or other orthopedic physical condition.
PARKING ENFORCEMENT PERSONNEL. Includes any law enforcement officer as defined by W. Va. Code § 30-29-1, and private security guards, parking personnel, and other personnel authorized by a city, county, or the state to issue parking citations.
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, as adopted by the Rehabilitation International Organization in 1969 at its Eleventh World Congress on Rehabilitation of the Disabled, 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) An accessible parking space should comply with the provisions of the Americans with Disabilities Act accessibility 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 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 12 or 24 inches apart along with the words “no parking” in painted letters which are at least 12 inches in height. 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.
(C) A vehicle displaying a disabled veterans special registration plate issued pursuant to W. Va. Code § 17A-3-14(c)(6) shall be recognized and accepted as meeting the requirements of this section.
(D) 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.
(E) 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 and disabled veterans at all times.
(F) (1) 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. 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 division (F)(2) 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 shall be fined as set forth in § 73.99.
(G) 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.
(H) 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.”
(I) No person may stop, stand, or park a motor vehicle in an area designated or marked off as an accessible aisle 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 division (I) shall be fined as set forth in § 73.99.
(J) 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.
(K) Law enforcement agencies 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. Any law enforcement agency choosing to establish 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 supervising law enforcement agencies, 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 supervising law enforcement agency, the volunteers may issue citations or the volunteers may submit the photographs of the illegally parked vehicle and the form to the supervising law enforcement agency, 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 supervising law enforcement agency.
(L) The municipality in enforcing this section shall retain all fines and associated late fees. These revenues shall be used first to fund the provisions of division (K) above, if adopted by the municipality or otherwise shall go into the municipality’s general revenue fund.
(W. Va. Code § 17C-13-6) Penalty, see § 73.99