49-213. PARKING SPACES FOR PERSONS WITH A DISABILITY — MARKING AND SIGNING — ENFORCEMENT. (1) Local governments and owners of private property open to public use shall designate parking zones and spaces to be used exclusively by vehicles displaying a special license plate for a person with a disability, or a special placard as prescribed in section 49-410, Idaho Code. Any parking zones and spaces so designated shall conform to the following requirements:

(a) Parking lots will conform to the requirements of federal Public Law 101-336, Americans with disabilities act of 1990.

(b) One (1) parking space shall be designated for every thirty-five (35) spaces of on-street parking available on each downtown street block. These parking spaces shall be parallel with the sidewalk where parallel parking is required, or at an angle to the sidewalk where angle parking is required. Should angle parking be used, the parking spaces so designated for use by a person with a disability shall conform to the federal Americans with disabilities act. All accessible parking spaces shall be located on the shortest route to curb cuts and ramps for use by wheelchairs and other mobility aids and devices. For the purposes of this section, the term "downtown" means the business center of a city as designated by the city council of the city. The term "street block" means that portion of a city street between consecutive parallel intersections.

(c) For each designated parking space or area there shall be posted immediately adjacent to, and visible from each stall or space, a sign consisting of the international accessibility symbol as shown in section 49-410, Idaho Code.

(d) Should any city desire to modify any of the requirements of subsection (1)(a) or (b) of this section, a city council may do so by ordinance, after complying with the following requirements:

1. The city council, or any other body designated by the city council by ordinance, shall receive a recommendation from a board, commission or committee created in conformity with section 50-210, Idaho Code, of which at least one-half (1/2) of the members shall be persons with a disability as defined in section 49-117, Idaho Code; and

2. The city shall cause notice of public hearing on the proposed ordinance modifying the standards specified in subsection (1)(a) or (b) of this section, to be published in a newspaper of general circulation in the city at least fourteen (14) days before the public hearing.

(2) Parking a vehicle or the standing of a vehicle in a space reserved for a person with a disability, which space is signed in conformance with the requirements specified in subsection (1)(c) of this section, is prohibited, unless a vehicle is momentarily in the space for the purpose of allowing a person with a disability to enter or leave the vehicle, or unless special license plates or placard or temporary placard for a person with a disability is displayed on the vehicle. It is prohibited for any person to park a motor vehicle in a properly marked access aisle in a manner which prevents or reasonably could restrict a person with a disability from entering or exiting their vehicle or in such manner as it would block access to a curb cut or ramp. The registered owner of a vehicle parked in violation of the provisions of this subsection is guilty of an infraction, which is punishable by a fine of one hundred dollars ($100). Vehicles parked in violation of this section may be towed pursuant to provisions of state law or local ordinance.

(3) Law enforcement officials and/or their designees as authorized by a city or county are empowered to enter upon private property open to public use to enforce the provisions of this section.

History:

[49-213, added 1988, ch. 265, sec. 14, p. 581; am. 1989, ch. 310, sec. 10, p. 784; am. 1994, ch. 264, sec. 3, p. 817; am. 2003, ch. 162, sec. 1, p. 456.]