§ 19-162. Handicapped parking spaces.

(a)

Purpose. It is the purpose of this section to protect the health and safety of physically handicapped citizens and to ensure their equal access to public facilities by designating and reserving handicapped only parking spaces at or near public facilities and to provide for the enforcement of G.S. section 20-37.6 which makes it unlawful to park or leave standing any vehicle in a space designated for physically handicapped or visually impaired persons when such vehicle does not display the distinguishing license plate or placard provided by state law and where appropriate aboveground signs giving notice thereof are erected marking the designated parking space.

(b)

Designation of spaces generally.

(1)

Handicapped only parking spaces may be designated by the town on any publicly owned or controlled street or property, including but not limited to streets, off-street parking lots, parks and recreation facility sites.

(2)

Handicapped only parking spaces may be designated by the town council on privately owned parking lots or driveways of hospitals, shopping centers, apartment houses, condominium complexes, commercial office buildings or other privately owned public vehicular areas if the owner or person in charge of the property requests in writing that such designation be made. "Public vehicular areas" shall be as defined in G.S. section 20-4.01(32). When the town council approves a written request, appropriate signs shall be erected by the person making the request and the clerk shall enter a description of the location of the space designated on an official list maintained in the clerk's office. The official list, as amended from time to time, is hereby adopted by reference and shall have the full force of law as if fully set out in this section.

(3)

Handicapped only parking spaces shall be clearly marked with aboveground signs in accordance with the requirements of G.S. section 20-37.6.

(c)

Duties of law enforcement officers. It shall be the duty of the law enforcement officers of the town to enforce the provisions of article 2A of chapter 20 of the General Statutes, specifically G.S. sections 20-37.1 through 20-37.6, in accordance with subsection (d) of this section.

(d)

Penalties.

(1)

Any person unlawfully parking a vehicle in a properly designated and marked handicapped only parking space shall be subject to a penalty in the amount of fifty dollars ($50.00).

(2)

Any vehicle parked on public property or in a public vehicular area on private property in violation of G.S. section 20-37.6 may be towed, at the owner's expense, upon order of a law enforcement officer.

(Code 1967, § 26-184; Ord. No. 90-36, § 1, 12-10-90)