§ 17-134. Parking reserved for disabled veterans and handicapped persons.

(a)

Any person, entity or body, including the city and any department, authority, board or commission thereof, that has lawful ownership or control of improved or enclosed property used as off-street motor vehicle parking areas for businesses, shopping malls, theatres, auditoriums, sporting or recreational facilities, cultural centers, multifamily residential dwellings, or for any other place where the public has a right of access as invitee or as licensee shall reserve motor vehicle parking spaces in such off-street parking areas for motor vehicles owned and operated by a disabled veteran or handicapped person whose motor vehicle bears the distinguishing license plate authorized by M.G.L.A. c. 90, § 2 or for any motor vehicle which transports a handicapped person and which displays the special identification plate authorized by M.G.L.A. c. 90, § 2 according to the following formula:

(1)

More than 15 parking spaces but not more than 25: One.

(2)

More than 25 parking spaces but not more than 40: Five percent of the spaces; minimum of two.

(3)

More than 40 parking spaces but not more than 100: Four percent of the spaces; minimum of three.

(4)

More than 100 parking spaces: The number of spaces as set forth in M.G.L.A. c. 40, § 21(23)(a), the formula as set forth therein which is hereby incorporated herein by reference.

(b)

Parking spaces designated as reserved under the provisions of this section shall be located as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be 12 feet wide or two eight-foot wide spaces with four feet of cross hatch between them and shall be identified by both:

(1)

An above grade sign with white lettering against a blue background which bears the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense"; and

(2)

A marking of permanent nature on the surface of the reserved parking space which sets forth the wording "Handicapped Parking" and/or uses the "International Symbol of Access" as is commonly recognized as reserving the use of the parking space for the handicapped only.

(c)

The failure of any parking space to be posted with both an above grade sign and a marking on the surface of the reserved parking space identifying the space as one reserved for handicapped parking shall not be a defense for any person whose unauthorized motor vehicle is parked in such a reserved space provided that at least one of the required identifying devices is present at the site at the time of the violation.

(d)

In the event that a person, entity or body having lawful ownership or control of improved or enclosed property in existence as of the effective date of this section and that is subject to the requirements of the formula as set forth in section 17-134(a) is unable to comply with the requirements of the formula without the acquisition of or the paving of additional real estate, due to the effect of a conflicting state law or city ordinance, regulation or condition, then, in that event, the person, entity or body may apply in writing to the chief of police of the city for a waiver of the requirements of the formula. Should such a hardship be reasonably shown to exist, the chief of police shall grant a waiver of the requirements of the formula. Such waiver shall be in writing, shall specify the number of handicapped reserved parking spaces required, if any, and shall specify that any increase in size of the parking lot for which the waiver is granted or of the premises served by such parking lot shall automatically terminate the waiver. The chief of police may deny the request for a waiver. The decision of the chief of police shall be final. A waiver as granted hereunder may be reconsidered at any time by the chief of police upon a showing of changed circumstances.

(Ord. No. 1123, § D, 1-6-94)