PART III. PARKING FOR DISABLED PERSONS

 

§291-51  Definitions.  As used in thispart, the following terms have the following meanings:

"Access aisle" means the area that isadjacent to a parking space reserved for a person with a disability and that isto be used exclusively by that person for the purpose of entering and exiting avehicle.

"Certificate of disability" means amedical statement issued by a licensed practicing physician, which verifiesthat a person is disabled, limited, or impaired in the ability to walk.

"Disability and communication access board" means thedisability and communication access board established by chapter 348F.

"International symbol of access"means the symbol adopted by Rehabilitation International in 1969 at its EleventhWorld Congress on Rehabilitation of the Disabled.

"Issuing agency" means an agencyauthorized by a county to issue removable windshield placards, temporaryremovable windshield placards, special license plates, and identification cardspursuant to this part.

"Parkingspace reserved for persons with disabilities" means a public or privateparking space, including the access aisle, designated for the use of a personwith a disability that is designed and constructed in compliance with therequirements of the federal Americans with Disabilities Act of 1990, as

amended, andrelated rules and guidelines, and is marked with a sign designating the parkingspace as reserved for persons with disabilities.

"Personwith a disability" means a person with a disability which limits orimpairs the ability to walk, and who, as determined by a licensed practicingphysician:

(1)  Cannot walktwo hundred feet without stopping to rest, due to a diagnosed arthritic,neurological, orthopedic, renal, vascular, or oncological condition;

(2)  Cannot walkwithout the use of, or assistance from, a brace, cane, crutch, another person,prosthetic device, wheelchair, or other assistive device;

(3)  Is restrictedby lung disease to such an extent that the person's forced (respiratory)expiratory volume for one second, when measured by spirometry, is less than oneliter, or the arterial oxygen tension is less than sixty mm/hg on room air atrest;

(4)  Uses portableoxygen; or

(5)  Has a cardiaccondition to the extent that the person's functional limitations are classifiedin severity as Class III or Class IV according to the standards set by theAmerican Heart Association.

"Privateentity" means a private owner or lessee of a parking facility or sitewhere invitation to the general public is expressed or implied.

"Privateparking" means a privately owned parking facility or site where invitationto the general public is expressed or implied.

"Publicentity" means the State or any of its counties.

"Publicparking" means a parking facility or site under state or countyjurisdiction.

"Removablewindshield placard" means a two-sided, hanger-style placard issued underthis part to a person with a disability who presents a certificate ofdisability that verifies that the applicant's disability is expected to lastfor at least four years.

"Signdesignating the parking space as reserved for persons with disabilities"means a sign which contains:

(1)  The words, "Reserved Parking";

(2)  The international symbol of access;

(3)  Words indicating that the space is reserved forparking by persons with disabilities who have valid placards or special licenseplates; and

(4)  The maximum fine for parking illegally in the space.

"Special license plate" means alicense plate that displays the international symbol of access:

(1)  In a color that contrasts to the background; and

(2)  In the same size as the letters or numbers on theplate.

"Temporaryremovable windshield placard" means a two-sided, hanger-style placardissued under this part to a person with a disability who presents a certificateof disability that verifies the person's disability in monthly increments,which shall not exceed six months. [L 1984, c 46, pt of §2; am L 1986, c213, §1; am L 1992, c 46, §3; am L 1997, c 308, §5; am L 1999, c 282, §5; am L2001, c 297, §2; am L 2002, c 16, §15; am L 2003, c 30, §2]