§ 71.01. Handicapped parking.

(A)

Spaces designated. The town may designate and restrict parking spaces on public streets, public parking areas and public vehicular areas for parking for handicapped persons. The designation of parking spaces for the physically handicapped shall be by the use of sign R7-8, Manual on Uniform Traffic Control Devices, which sign shall be placed above ground and adjacent to each parking space designated for the handicapped. Additionally, the pavement area of the parking space shall be marked with the symbol for the handicapped indicating that it is restricted for handicapped parking.

(B)

Handicapped defined. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.

Handicapped.

(1)

Any person who has an obvious physical disability that requires the use of a wheelchair, braces, walkers or crutches, and those who have lost the use of one or both legs;

(2)

Any person who, as determined and certified by a physician, is severely restricted in mobility by a pulmonary or cardiovascular disability, arthritic condition, orthopedic or neurologic impairment; or

(3)

Any person who is visually impaired, as defined by G.S. 111-11, as certified by a licensed ophthalmologist, optometrist or the state division of services for the blind, and the visually impaired person is a passenger in a vehicle being driven by another person for the benefit of the visually impaired person.

(C)

Parking privileges. Any person who falls within the definition of handicapped shall be allowed to park for unlimited periods in spaces designated for handicapped parking and in parking zones restricted as to length of time parking is permitted, provided this section shall have no application to those zones or during times in which the parking, stopping or standing of all vehicles is prohibited or which are reserved for special types of vehicles. As a condition to this privilege granted the handicapped herein, the vehicle shall display a distinguishing license plate or placard which shall be issued for vehicles registered to the handicapped person. The license plate or placard shall meet the requirements of G.S. 20-37.6. When a special license plate for the handicapped is attached to the motor vehicle, or when a placard as authorized by G.S. 20-37.6 is displayed on the driver's side of the dashboard of the vehicle, all parking rights and privileges extended to, vehicles displaying a distinguishing license plate or placard issued pursuant to G.S. 20-37.6 shall apply.

(D)

Enforcement of handicapped parking privileges. It shall be unlawful for any person:

(1)

To park or leave standing any vehicle in a space designated for handicapped or visually impaired persons when the vehicle does not display the distinguishing license plate or placard as provided in this section;

(2)

For any person not qualifying for the rights and privileges extended to handicapped or visually impaired persons under this section to exercise or attempt to exercise such rights or privileges by the unauthorized use of a distinguishing license plate or placard issued pursuant to G.S. 20-37.6; and

(3)

To park or leave standing any vehicle so as to obstruct a curb ramp or curb cut for handicapped persons, as provided for by the North Carolina Building Code or as designated in G.S. 136-44.14.

(1992 Code, § 17-51; Ord. passed 1-12-1981)

State law reference

Municipal authority to regulate parking, see G.S. 20-169, 160A-301; operation of vehicles and rules of the road, see G.S. 20-138.1 et seq.

Cross reference

Penalty, see § 71.99.