PART III. 
PARKING FOR DISABLED PERSONS



 



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



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



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



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



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



"Issuing agency" means an agency
authorized by a county to issue removable windshield placards, temporary
removable windshield placards, special license plates, and identification cards
pursuant to this part.



"Parking
space reserved for persons with disabilities" means a public or private
parking space, including the access aisle, designated for the use of a person
with a disability that is designed and constructed in compliance with the
requirements of the federal Americans with Disabilities Act of 1990, as



amended, and
related rules and guidelines, and is marked with a sign designating the parking
space as reserved for persons with disabilities.



"Person
with a disability" means a person with a disability which limits or
impairs the ability to walk, and who, as determined by a licensed practicing
physician:



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



(2)  Cannot walk
without the use of, or assistance from, a brace, cane, crutch, another person,
prosthetic device, wheelchair, or other assistive device;



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



(4)  Uses portable
oxygen; or



(5)  Has a cardiac
condition to the extent that the person's functional limitations are classified
in severity as Class III or Class IV according to the standards set by the
American Heart Association.



"Private
entity" means a private owner or lessee of a parking facility or site
where invitation to the general public is expressed or implied.



"Private
parking" means a privately owned parking facility or site where invitation
to the general public is expressed or implied.



"Public
entity" means the State or any of its counties.



"Public
parking" means a parking facility or site under state or county
jurisdiction.



"Removable
windshield placard" means a two-sided, hanger-style placard issued under
this part to a person with a disability who presents a certificate of
disability that verifies that the applicant's disability is expected to last
for at least four years.



"Sign
designating 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 for
parking by persons with disabilities who have valid placards or special license
plates; and



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



"Special license plate" means a
license 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 the
plate.



"Temporary
removable windshield placard" means a two-sided, hanger-style placard
issued under this part to a person with a disability who presents a certificate
of 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, c
213, §1; am L 1992, c 46, §3; am L 1997, c 308, §5; am L 1999, c 282, §5; am L
2001, c 297, §2; am L 2002, c 16, §15; am L 2003, c 30, §2]