IC 5-16-9
    Chapter 9. Parking Facilities for Persons With PhysicalDisabilities

IC 5-16-9-1
Definitions
    Sec. 1. (a) The definitions in this section apply throughout thischapter.
    (b) "Accessible parking space" refers to a parking space thatconforms with the standards of section 4 of this chapter.
    (c) "Motor vehicle" has the meaning set forth in IC 9-13-2-105.
    (d) "Parking facility" means any facility or combination offacilities for motor vehicle parking which contains parking spaces forthe public.
    (e) "Person with a physical disability" means a person who hasbeen issued a placard under IC 9-14-5 or a person with a disabilityregistration plate for a motor vehicle by the bureau of motor vehiclesunder IC 9-18-22.
    (f) "Public agency" means:
        (1) the state of Indiana, its departments, agencies, boards,commissions, and institutions, including state educationalinstitutions; and
        (2) a county, city, town, township, school or conservancydistrict, other governmental unit or district, or any department,board, or other subdivision of the unit of government.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,SEC.1; P.L.37-1984, SEC.1; P.L.71-1987, SEC.1; P.L.2-1991,SEC.30; P.L.23-1993, SEC.11; P.L.2-1995, SEC.16; P.L.42-1996,SEC.1; P.L.2-2007, SEC.104.

IC 5-16-9-1.5
Application of chapter
    Sec. 1.5. This chapter applies to a reserved accessible parkingspace in a parking facility that is located on property that is privatelyor publicly owned.
As added by P.L.59-1993, SEC.1. Amended by P.L.42-1996, SEC.2.

IC 5-16-9-1.6
Compliance with federal provisions
    Sec. 1.6. Notwithstanding any requirement of this chapter, aperson who complies with:
        (1) Title III of the Americans with Disabilities Act of 1990 (42U.S.C. 12181); and
        (2) the Americans with Disabilities Act Guidelines adopted bythe United States Department of Justice;
complies with this chapter.
As added by P.L.42-1996, SEC.3.

IC 5-16-9-2
Spaces reserved in parking facilities; requirements    Sec. 2. (a) Except as provided in subsection (d), each parkingfacility that provides parking spaces for self-parking by employeesor visitors must have accessible parking spaces reserved accordingto the following schedule:
    TOTAL NUMBER OF    MINIMUM NUMBER
    PARKING SPACES    OF RESERVED
    IN FACILITY    SPACES
    1 to 25    1
    26 to 50    2
    51 to 75    3
    76 to 100    4
    101 to 150    5
    151 to 200    6
    201 to 300    7
    301 to 400    8
    401 to 500    9
    501 to 1,000    2% of total
    over 1,000    20 plus 1 for each
        100 spaces over 1,000
    (b) A parking facility may provide accessible parking spaces in adifferent location from other parking spaces if the location of theaccessible spaces results in equivalent or greater access by theshortest accessible route of travel to an accessible entrance of:
        (1) a building, if the parking facility serves a specific building;or
        (2) the parking facility, if the parking facility does not serve aspecific building.
    (c) This subsection applies to a building with more than one (1)accessible entrance that has parking adjacent to the entrances.Accessible parking spaces for a building described in this subsectionmust be dispersed and located closest to the accessible entrances.
    (d) This subsection applies to a facility that provides medical careor other services for persons with mobility impairments. A facilitydescribed in this subsection must provide accessible parking spacesaccording to the following schedule:
        (1) An outpatient facility or unit: Ten percent (10%) of the totalnumber of parking spaces serving the facility or unit must beaccessible parking spaces.
        (2) A facility or unit that specializes in treatment or services forpersons with mobility impairments: Twenty percent (20%) ofthe total number of parking spaces serving the facility or unitmust be accessible parking spaces.
    (e) The reserved space or spaces under this chapter must bereserved by posting immediately adjacent to and visible from thespace or spaces a vertical sign measuring at least forty-eight (48)inches from the base of the sign, located in a manner that will not beobscured by a vehicle parked in the space, and bearing the following:
        (1) The international symbol of accessibility.
        (2) Letters and numbers that have a width to height ratiobetween 3:5 and 1:1 and a stroke width to height ratio between

1:5 and 1:10.
        (3) Characters and numbers that are sized according to thedistance from which the characters and numbers are read, withthe minimum height measured by an uppercase "X". Lowercasecharacters may be used.
    (f) The characters and background of a sign required undersubsection (e) must be eggshell, matte, or another nonglare finish.Characters and symbols used on a sign must contrast with thebackground color of the sign.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,SEC.2; P.L.37-1984, SEC.2; P.L.55-1985, SEC.1; P.L.72-1989,SEC.1; P.L.23-1993, SEC.12; P.L.42-1996, SEC.4.

IC 5-16-9-3
Street parking spaces reserved adjacent to public agency or retailshopping mall constructed with economic development income taxderived revenue
    Sec. 3. (a) If a public agency has no parking facility under itsjurisdiction or control available to private persons who desire toconduct business with the public agency, the public agency shalldirect the local authority having jurisdiction over the portion of thestreets which are adjacent to the facilities of the public agency toreserve parking spaces for the use of persons with physicaldisabilities.
    (b) If a retail shopping mall is constructed in whole or in part withrevenue derived from a county economic development income taximposed under IC 6-3.5-7, the local authority having jurisdiction overthe portion of the streets adjacent to the retail shopping mall shallreserve parking spaces for the use of persons with physicaldisabilities.
As added by Acts 1979, P.L.44, SEC.1. Amended byP.L.380-1987(ss), SEC.4; P.L.23-1993, SEC.13.

IC 5-16-9-4
Specifications of parking spaces and access facilities
    Sec. 4. (a) Except as provided in subsection (b), the size andlocation of parking spaces required under this chapter must conformto the following standards:
        (1) An accessible parking space must be at least ninety-six (96)inches wide.
        (2) An access aisle adjacent to an accessible parking space mustbe at least sixty (60) inches wide and may not be restricted bya built-up curb ramp, planters, curbs, wheel stops, or any otherobstructions.
        (3) Two (2) adjacent accessible parking spaces may share acommon access aisle.
        (4) An access aisle:
            (A) must be part of an accessible route to the building orfacility; and
            (B) must either merge with the accessible route or have a

curb ramp to the accessible route that complies with therules governing curb ramps.
        (5) An accessible parking space and an access aisle must havea surface slope of not more than 1:50 (two percent (2%)) in alldirections.
        (6) An accessible parking space and an access aisle must bedesignated with blue lines.
        (7) An accessible parking space and at least one (1) vehicleaccess route to the accessible parking space must have aminimum vertical clearance of at least ninety-eight (98) inches.
    (b) A parking facility must designate at least one (1) accessibleparking space of every eight (8) accessible parking spaces as a vanaccessible parking space. A van accessible parking space must havean access aisle at least ninety-six (96) inches wide. Notwithstandingsection 2(c) of this chapter, a parking facility may group all vanaccessible parking spaces in a single location.
    (c) Notwithstanding subsection (b), a parking facility that:
        (1) is in existence on June 30, 1996; and
        (2) conforms to the specifications for the size and location ofparking spaces under this section as the specifications were ineffect on June 30, 1996;
is not required to conform with subsection (b) until the first time theparking facility is resurfaced or restriped after June 30, 1996.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.245-1987,SEC.6; P.L.59-1993, SEC.2; P.L.42-1996, SEC.5.

IC 5-16-9-5
Violations; Class C infraction and Class C misdemeanor
    Sec. 5. (a) Any person who parks a motor vehicle which does nothave displayed a placard of a person with a physical disability or adisabled veteran, issued under IC 9-14-5 or under the laws of anotherstate, or a registration plate of a person with a physical disability ora disabled veteran, issued under IC 9-18-18, IC 9-18-22, or under thelaws of another state, in a parking space reserved under this chapterfor a vehicle of a person with a physical disability commits a ClassC infraction.
    (b) Any person who knowingly parks in a parking space reservedfor a person with a physical disability while displaying a placard towhich neither the person nor the person's passenger is entitledcommits a Class C infraction.
    (c) Any person who displays for use in parking in a parking spacereserved for a person with a physical disability a placard or a speciallicense plate that was not issued under IC 9-14-5, IC 9-18-18,IC 9-18-22, or under the laws of another state commits a Class Cmisdemeanor.
    (d) A person who, in a parking space reserved for a person witha physical disability, parks a vehicle that displays a placard or specialregistration plate entitling a person to park in a parking spacereserved for a person with a physical disability commits a Class Cinfraction if that person is not, at that time, in the process of

transporting a person with a physical disability or disabled veteran.
    (e) Notwithstanding IC 34-28-5-4(c), a civil judgment of not lessthan fifty dollars ($50) must be imposed for an infraction committedin violation of this section.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,SEC.3; P.L.37-1984, SEC.3; P.L.55-1985, SEC.2; P.L.71-1987,SEC.2; P.L.72-1989, SEC.2; P.L.2-1991, SEC.31; P.L.23-1993,SEC.14; P.L.2-1995, SEC.17; P.L.43-1996, SEC.1; P.L.1-1998,SEC.72.

IC 5-16-9-6
Reserved

IC 5-16-9-7
Repealed
    (Repealed by P.L.41-1987, SEC.22.)

IC 5-16-9-8
Owners or lessees of motor vehicles; violations; Class C infraction;defenses
    Sec. 8. (a) As used in this section, "owner" means a person inwhose name a motor vehicle is registered under:
        (1) IC 9-18;
        (2) the laws of another state; or
        (3) the laws of a foreign country.
    (b) As used in this section, "lessee" means a person who has care,custody, or control of a motor vehicle under a written agreement forthe rental or lease of the motor vehicle for less than sixty-one (61)days. The term does not include an employee of the owner of themotor vehicle.
    (c) An owner or lessee of a motor vehicle commits a Class Cinfraction if the motor vehicle:
        (1) is located in a parking space in a parking facility that ismarked under section 2 of this chapter as a parking spacereserved for a person with a physical disability; and
        (2) does not display:
            (A) an unexpired parking permit for a person with a physicaldisability issued under IC 9-14-5;
            (B) an unexpired disabled veteran's registration plate issuedunder IC 9-18-18;
            (C) an unexpired registration plate or decal for a person witha physical disability issued under IC 9-18-22; or
            (D) an unexpired parking permit for a person with a physicaldisability, an unexpired disabled veteran's registration plate,or an unexpired registration plate or decal for a person witha physical disability issued under the laws of another state.
    (d) It is a defense that IC 9-30-11-8 applies to the violation.
    (e) It is a defense that the motor vehicle was the subject of anoffense described in IC 35-43-4 at the time of the violation of thissection.    (f) Notwithstanding IC 34-28-5-4(c), a civil judgment of not lessthan fifty dollars ($50) must be imposed for an infraction committedin violation of this section.
As added by P.L.71-1987, SEC.4. Amended by P.L.2-1991, SEC.32;P.L.23-1993, SEC.15; P.L.2-1995, SEC.18; P.L.43-1996, SEC.2;P.L.1-1998, SEC.73.

IC 5-16-9-9
Ordinances of counties, cities, or towns
    Sec. 9. (a) This chapter does not prohibit a county, city, or townfrom adopting and enforcing an ordinance that regulates standing orparking of motor vehicles in a space reserved for a person with aphysical disability under section 2 of this chapter, IC 9-21-1-3, orIC 9-21-18-4.
    (b) An ordinance described in subsection (a) may not conflict withthis chapter.
    (c) An ordinance described in subsection (a) may not require aperson to obtain or display any permit, registration plate, orregistration decal to stand or park in a space reserved for a personwith a physical disability under section 2 of this chapter, except thefollowing:
        (1) A parking permit for a person with a physical disabilityissued under IC 9-14-5.
        (2) A disabled veteran's registration plate issued underIC 9-18-18.
        (3) A registration plate or decal for a person with a physicaldisability issued under IC 9-18-22.
    (d) An ordinance described in subsection (a) must permit a motorvehicle displaying an unexpired parking permit for a person with aphysical disability, an unexpired disabled veteran's registration plate,or an unexpired registration plate or decal for a person with aphysical disability issued under the laws of another state to stand orpark in a space reserved for a person with a physical disability butonly when the vehicle is being used to transport a person with aphysical disability.
As added by P.L.71-1987, SEC.5. Amended by P.L.5-1988, SEC.40;P.L.72-1989, SEC.3; P.L.2-1991, SEC.33; P.L.22-1991, SEC.3;P.L.23-1993, SEC.16.

IC 5-16-9-10
Complaints; summons; forms
    Sec. 10. (a) A person enforcing this chapter may issue a complaintand summons for a violation of section 5 or 8 of this chapter or anordinance described in section 9 of this chapter on a form other thanthe forms described in IC 9-30-3-6. However, the complaint mustcomply with the Indiana Rules of Trial Procedure.
    (b) A complaint and summons issued under subsection (a) mustexplain the conditions described in IC 34-28-5-14 under which acourt may enter a judgment against the person named in thesummons and complaint without requiring the defendant to make a

personal appearance before the court.
As added by P.L.71-1987, SEC.6. Amended by P.L.1-1993, SEC.25;P.L.43-1996, SEC.3; P.L.1-1998, SEC.74.

IC 5-16-9-11
Complaints; summons; volunteers
    Sec. 11. (a) A law enforcement agency authorized to enforce:
        (1) section 5 or 8 of this chapter; or
        (2) an ordinance described in section 9 of this chapter;
may appoint volunteers to issue complaints and summonses forviolations of section 5 or 8 of this chapter or an ordinance describedin section 9 of this chapter.
    (b) A volunteer appointed under this section must:
        (1) be at least twenty-one (21) years of age;
        (2) complete a course of instruction concerning the enforcementof this chapter that is conducted by the appointing lawenforcement agency;
        (3) after successfully completing the course of instruction,obtain a certificate from the executive authority of theappointing law enforcement agency; and
        (4) satisfy any other qualifications established by the lawenforcement agency.
    (c) The executive authority of a law enforcement agency thatappoints volunteers under this section shall file a copy of eachcertificate issued under subsection (b)(3) with the prosecutingattorney having jurisdiction over the area served by the lawenforcement agency.
    (d) A complaint and summons issued by a volunteer appointedunder this section has the same force and effect as a complaint andsummons issued by a law enforcement officer for the same violation.
    (e) A volunteer appointed under this section does not have powersof a law enforcement officer except those powers granted under thissection.
    (f) The executive authority of a law enforcement authority thatappoints a volunteer under this section may, at any time, revoke thecertificate issued to the volunteer under subsection (b)(3). If acertificate is revoked under this subsection:
        (1) the executive authority shall notify the prosecuting attorneywhere the certificate was filed under subsection (c) of therevocation; and
        (2) the volunteer's powers under this section terminateimmediately upon the revocation.
    (g) A volunteer may not issue a complaint and summons uponprivate property unless the law enforcement agency first receivespermission from the property owner or the property manager.
    (h) A property owner is not liable for any property damage orpersonal injury resulting from the actions of a volunteer in issuing acomplaint and summons.
As added by P.L.48-1997, SEC.1.