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  1. #1
    Join Date
    Jul 2010
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    4

    Post Handicap Parking Ticket in a Condo Complex Parking Lot

    My question involves a traffic citation from the state of: Missouri

    Hi. I was an idiot and forgot about a resident of a condo complex who has a handicap sign by their door.

    I'm more angry at her calling the police on me (she parked right next to me, after all), but I was curious.

    The sign is off center of the parking spot (about 25% of the spot size off the line). Also, the sign is lower to the ground. I backed in, and it obviously wasn't visible (or I would've moved).

    My questions is, because I googled it everywhere and can't find the answers, is what is the minimum sign placement height, if the spot needs different colored lines (the spot is the same size [small] and color as other spots), if the sign needs to be in the center of the spot, and what the sign size must be.

    This is the local ordinance:

    Sec. 14-287. Parking for the physically disabled.
    (a) No person shall park a motor vehicle in any parking area located on any parking lot, drive-in, street or private way which has been designated for physically disabled parking, unless said motor vehicle so parked has attached to it and prominently displayed on it, a sticker, placard or license plate issued by the Missouri Department of Revenue pursuant to RSMo 301.142 or 301.071 or the appropriate state licensing agency of another state or province, prominently displaying thereon the universal handicap symbol.
    (b) The parking spaces established and designated pursuant to this section shall be reserved for physically disabled persons for the parking of motor vehicles or other type vehicles on a twenty-four (24) hours per day, seven (7) day per week basis.
    (c) It shall be unlawful for any person other than a physically disabled person to park or cause to be parked any motor vehicle or other type of vehicle in those parking spaces designated as reserved for the parking of vehicles by physically disabled persons.
    (d) The city clerk/administrator may designate parking spaces for vehicles referred to in subsection (a) upon public streets of the city and in public off-street parking facilities so long as such designated parking space does not impede the flow of traffic along such public street or off-street parking facility. When so designated, the space shall be indicated by a sign upon which shall be the international symbol of accessibility in white on a blue background and may also include appropriate words indicating the exclusive use.
    (e) Spaces for vehicles referred to in subsection (a) must provide sufficient space or be open on one or both sides so as to not impede the free ingress and egress of the disabled person.
    (f) Any person who violates the provisions of this section shall be subject to a fine of eighty-five dollars ($85.00) plus court costs.
    (g) Vehicle owners are required to notify the city of the renewal certification of the sticker, placard or license plate issued by the Missouri Department of Revenue or the appropriate state license agency of another state or province by October 15 of each year such renewal is required in order to maintain a reserved handicapped parking space pursuant to this section.
    (Code 1969, § 22-39; Ord. No. 2745, § 1, 7-15-85; Ord. No. 3230, § 1, 7-6-92; Ord. No. 3467, §§ 1, 2, 2-5-96; Ord. No. 3554, § 2, 7-21-97; Ord. No. 3667, § 2, 10-4-99; Ord. No. 3910, § 1, 10-20-03)
    State law references: Physically disabled parking, RSMo §§ 304.142, 304.143.
    I can't find those referenced laws in the footnote anywhere.

    Thank you in advance

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    65,006

    Default Re: Handicap Parking Ticket in a Condo Complex Parking Lot

    When you looked at related ordinances to find the manner of designation described ("The parking spaces established and designated pursuant to this section"), what did you find out?

  3. #3
    Join Date
    Jul 2010
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    4

    Default Re: Handicap Parking Ticket in a Condo Complex Parking Lot

    Quote Quoting Mr. Knowitall
    View Post
    When you looked at related ordinances to find the manner of designation described ("The parking spaces established and designated pursuant to this section"), what did you find out?
    I saw that too. But I can't find that part anywhere, other than the footnote references, which I can't find by googleing.

    http://library3.municode.com/default...tDoc&doc_hit=3


    on a side note, that's unrelelated, one part says "Any person found guilty of parking, standing, or stopping within a designated fire lane or a designated emergency vehicle lane shall be subject to a fine of eighty-five dollars ($35.00) plus court costs." So is it $35 or $85/ :?

  4. #4
    Join Date
    Sep 2005
    Location
    California
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    65,006

    Default Re: Handicap Parking Ticket in a Condo Complex Parking Lot

    That link doesn't work.

  5. #5
    Join Date
    Jul 2010
    Posts
    4

    Default Re: Handicap Parking Ticket in a Condo Complex Parking Lot

    Quote Quoting Mr. Knowitall
    View Post
    That link doesn't work.
    works for me.

    but that section only goes through places you can't park. not signage or labeling

    for instance, no parking signs, public lots, distance from stop signs, etc.

  6. #6
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,431

    Default Re: Handicap Parking Ticket in a Condo Complex Parking Lot

    It works for you because you have the associated login cookie. It won't work for anybody else.

  7. #7
    Join Date
    Jul 2010
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    4

    Default Re: Handicap Parking Ticket in a Condo Complex Parking Lot

    Missouri Revised Statutes
    Chapter 301
    Registration and Licensing of Motor Vehicles
    Section 301.143

    August 28, 2009

    Parking space for physically disabled may be established by political subdivisions and others, signs--violations--enforcement--penalty.
    301.143. 1. As used in this section, the term "vehicle" shall have the same meaning given it in section 301.010, and the term "physically disabled" shall have the same meaning given it in section 301.142.

    2. Political subdivisions of the state may by ordinance or resolution designate parking spaces for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to section 301.071 or 301.142. Owners of private property used for public parking shall also designate parking spaces for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to section 301.071 or 301.142. Whenever a political subdivision or owner of private property so designates a parking space, the space shall be indicated by a sign upon which shall be inscribed the international symbol of accessibility and shall also include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card. The sign described in this subsection shall also state, or an additional sign shall be posted below or adjacent to the sign stating, the following: "$50 to $300 fine.".

    3. Any political subdivision, by ordinance or resolution, and any person or corporation in lawful possession of a public off-street parking facility or any other owner of private property may designate reserved parking spaces for the exclusive use of vehicles which display a distinguishing license plate or card issued pursuant to section 301.071 or 301.142 as close as possible to the nearest accessible entrance. Such designation shall be made by posting immediately adjacent to, and visible from, each space, a sign upon which is inscribed the international symbol of accessibility, and may also include any appropriate wording to indicate that the space is reserved for the exclusive use of vehicles which display a distinguishing license plate or card.

    5. Spaces designated for use by vehicles displaying the distinguishing "disabled" license plate issued pursuant to section 301.142 or 301.071 shall meet the requirements of the federal Americans with Disabilities Act, as amended, and any rules or regulations established pursuant thereto. Notwithstanding the other provisions of this section, on-street parking spaces designated by political subdivisions in residential areas for the exclusive use of vehicles displaying a distinguishing license plate or card issued pursuant to section 301.071 or 301.142 shall meet the requirements of the federal Americans with Disabilities Act pursuant to this subsection and any such space shall have clearly and visibly painted upon it the international symbol of accessibility and any curb adjacent to the space shall be clearly and visibly painted blue

    8. Nonconforming signs or spaces otherwise required pursuant to this section which are in use prior to August 28, 1997, shall not be in violation of this section during the useful life of such signs or spaces. Under no circumstances shall the useful life of the nonconforming signs or spaces be extended by means other than those means used to maintain any sign or space on the owner's property which is not used for vehicles displaying a disabled license plate.


    The spot was unpainted and does not have the "$50 to $300 fine" sign.

    Will a judge just laugh in my face, or do I have a case?

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