ARTICLE III. STOPPING, STANDING AND PARKING

Sec. 15-47.1. Parking in a parking space reserved for persons with disabilities.

(a) It shall be unlawful for the operator of any vehicle not displaying either (i) disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard, or a temporary removable windshield placard issued under Section 46.2-1241, Code of Virginia, or (ii) DV disabled parking license plates issued under subsection B of Section 46.2-739, Code of Virginia, to park such vehicle in a parking space reserved for persons with disabilities that limit or impair their ability to walk.

(b) It shall be unlawful for a person who is not limited or impaired in his or her ability to walk to park a vehicle in a parking space reserved for persons with disabilities that limit or impair their ability to walk, except when transporting a person with such a disability in the vehicle.

(c) For purposes of this section, the term "parking space reserved for persons with disabilities that limit or impair their ability to walk" shall mean those parking spaces that have been identified in accordance with the provisions of Section 36-99.11, Code of Virginia. This section requires that such signs be designed and constructed in conformance with the Uniform Statewide Building Code, that they be identified by the International Symbol of Accessibility, and that they be above grade, with the bottom edge no lower than four feet nor higher than seven feet above the parking surface.

(d) Any person violating the provisions of this section shall, upon conviction thereof, be punished by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). A summons or parking ticket for such offense may be issued by the sheriff or any deputy sheriff or special police officer of York County, or any other uniformed personnel employed by the County to enforce parking regulations, without the necessity of a warrant being obtained by the owner of any private parking area.

(e) In any prosecution charging a violation of this section, proof that the vehicle described in the complaint, summons, parking ticket or citation, was parked in violation of this section, together with proof that the defendant was at the time the registered owner of the vehicle, as required by Chapter 6 (Section 46.2-600 et seq.) Code of Virginia, shall constitute prima facie evidence that the registered owner of the vehicle was the person who committed the violation.

(f) No violation of this section shall be dismissed for a property owner's failure to comply strictly with the requirements for disabled parking signs set forth in Section 36-99.11, Code of Virginia, provided the space is clearly distinguishable as a parking space reserved for persons with disabilities that limit or impair their ability to walk.

(Ord. No. O97-13, 6/18/97)

Cross reference—Reserved parking for the handicapped in public areas, § 17-89(c).

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