Chapter 10.24 — PARKING FOR THE PHYSICALLY HANDICAPPED

It is the purpose of this chapter to ensure that adequate parking spaces for the physically handicapped are provided in off-street parking facilities and to enforce the provisions of Health and Safety Code Section 19955 , et seq., Government Code Section 4450 , et seq., and Vehicle Code Section 22511.8 .

(Prior code § 13.60)

"Building permit" as used in this chapter, includes any permit or license which may be required for the construction, alteration, modification, repair, or addition to an off-street parking facility.

"Off-street parking facility" refers to any lot or area, not in a street, road, highway or alley, improved for the purpose of allowing members of the general public to park upon said lot or area, irrespective of whether or not a charge is levied for the privilege of parking thereon, and includes parking facilities which are provided for the benefit or convenience of patrons, guests or employees

of an establishment, building, structure, facility, complex or improved area, as well as parking facilities which are operated independently of such establishments, buildings, structures, facilities, complexes or improved areas.

"Parking space" refers to a place or stall in which a vehicle may be parked or stored.

"Vehicle" is as defined in California Vehicle Code Section 670 . (Prior code § 13.61)

• A. No building permit for the construction, alteration, modification, repair of or addition to an offstreet parking facility shall be issued unless the person, firm or corporation applying for such permit first agrees that such off-street parking facility will contain parking spaces which are set aside and identified for the use of individuals with physical disabilities and, where applicable, that are accessible and approximate to the facility of which such off-street parking facility is a part, the number of such specially designated spaces to be determined by the planning commission at the time the application for such building permit is made.

• B. Each said specifically designated parking space provided pursuant to this section shall be identified as being for the exclusive use of the handicapped in either of the following ways:

  1. By posting immediately adjacent to, and visible from, each stall or space, a sign consisting of a profile view of a wheelchair with occupant in white or a blue background;

  2. By outlining or painting the stall or space in blue and outlining on the ground in the stall or space in white or suitable contrasting color a profile view depicting a wheelchair with occupant.

• C. If posted in accordance with subsection E or F of this section, the owner or person in lawful possession of a privately owned or operated off-street parking facility, after notifying the police department, may cause the removal of a vehicle from a stall or space designated pursuant to subsection B of this section for physically handicapped persons in the facility to the nearest public garage unless a distinguishing license plate or placard issued pursuant to Vehicle Code Sections 22511.5 or 22511.9 is displayed on the vehicle.

• D. The local authority owning or operating an off-street parking facility, after notifying the police department, may cause the removal of a vehicle from a stall or space designated pursuant to subsection B of this section for physically handicapped persons in the facility to the nearest public garage unless a distinguishing license plate or placard issued pursuant to Vehicle Code Sections 22511.5 or 22511.9 is displayed on the vehicle.

• E. The posting required for an off-street parking facility owned and operated either privately or by a local authority shall consist of a sign not less than 17 by 22 inches in size with lettering not less than one inch in height which clearly and conspicuously states the following: "Unauthorized vehicles not displaying distinguishing placards or license plates issued for physically handicapped persons will be towed away at owner's expense. Towed vehicles may be reclaimed at _____(address) by telephoning _____ (telephone number of local law enforcement agency)."

The signs shall be posted in either of the following locations:

1. Immediately adjacent to and visible from the stall or space.

2. In a conspicuous place at each entrance to the off-street parking facility.

• F. If the parking facility is privately owned and public parking is prohibited by a sign meeting the requirements of paragraph 1 of subdivision (a) of Section 22658 of the Vehicle Code, the requirements of subsection C of this section may be met by the posting of a sign immediately adjacent to, and visible from each stall or space indicating that a vehicle not displaying the

distinguishing license plate or placard issued pursuant to Vehicle Code Section 22511.5 or 22511.9 will be removed at the owner's expense and containing the telephone number of the local traffic law enforcement agency.

• G. The provisions of this section shall not be construed to abrogate any other requirements imposed by this code for the issuance of building permits.

• (Prior code § 13.62)

• A. No person, firm or corporation shall remove, obliterate or otherwise in any manner alter or destroy specially designated parking spaces provided for the exclusive use of the physically handicapped in any off-street parking facility.

• B. Any person, firm or corporation in possession or control of an off-street parking facility in which specially designated parking spaces for the exclusive use of the physically handicapped have been removed, obliterated or otherwise in any manner altered or destroyed prior to the effective date of the ordinance codified in this section shall be given notice by the planning commission that such person, firm or corporation shall, within 90 days of the date of said notice, provide an equal number of specially designated parking spaces for the exclusive use of the physically handicapped as were present in the said off-street parking facility prior to their removal, obliteration, alteration or destruction, each said specially designated parking space to be constructed in accordance with the provisions of Section 10.24.030 .

• C. Service of the notice referred to in subsection B of this section shall be deemed sufficient if said notice is personally served or is served by certified mail, return receipt requested.

• (Prior code § 13.63)

No person, firm or corporation shall park, leave or stop any vehicle in a parking space specially designated for the exclusive use of the physically handicapped, whether such parking space be identified as provided in Section 10.24.030 , or as otherwise provided by law, unless such vehicle is displaying one of the distinguishing license plates or placards issued to disabled persons pursuant to California Vehicle Code Section 22511.5 , or to disabled veterans, as specified in California Vehicle Code Section 9105 .

(Prior code § 13.64)

• A. Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of an infraction, and shall be subject to a fine pursuant to the provisions of the California Vehicle Code .

• B. Any person, firm, or corporation violating the provisions of subsection A of Section 10.24.030 shall additionally be required to take the corrective action described in subsections B through F of Section 10.24.030 upon notice as provided in subsections B and C of Section 10.24.040 .

• C. Each failure to take the corrective action described in subsections B through F of Section 10.24.030 after notice has been given pursuant to subsections B and C of Section 10.24.040 shall be deemed to be a separate violation of this chapter.

• D. All remedies provided for in this section shall be cumulative and not exclusive.

(Prior code § 13.65)