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  1. #1
    Join Date
    Jan 2011
    Posts
    1

    Default Handicapped Parking Signs Not Enforceable

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

    I work at a private company that has dozens handicapped parking spaces. There are several healthy employees that are not handicapped that regularly park in the spaces. I contacted the police department and they dispatched an officer to have a look.

    According to the officer...the signage for the handicapped parking area does not meet the State requirement for handicap parking areas, thus it is not enforceable by
    the police department. The signage is a wooden sign, that is only a few feet off of the ground, with "Handicap Parking" and the international symbol for accessibility on it.

    Can someone clarify this for me? This seems unfair and I read (§ 40-6-226 h )that the owner of the property is required to supply parking spaces with signs that meet the requirements or face a penalty. Who enforces that code?

    Also, does this also mean all wooden "stop signs" that are 4 feet high are unenforceable.?


    Georgia Code 40-6-221

    (3) "Parking place for persons with disabilities" means any area on
    public or private property which has been designated as reserved for use
    of persons with disabilities as follows:

    (A) By a blue metal reflective sign which is at least 12 inches in
    width and 18 inches in length and is erected at a height of seven feet
    from the bottom of the sign to its ground surface and in such a manner
    that it will not be obscured by a vehicle parked in the space and
    bearing the following words "Permit Parking Only," Tow-Away Zone," and
    the international symbol for accessibility. The warnings required in
    this subparagraph shall be centered on the sign, printed in white, and
    shall occupy not less than 75 percent of the surface area of the sign.
    The sign required by this subparagraph shall be the official authorized
    sign for parking place designations for persons with disabilities in
    this state.

  2. #2
    Join Date
    Jan 2006
    Posts
    20,765

    Default Re: Handicapped Parking Signs Not Enforceable

    if the signs do not meet the requirements for a proper sign, then the cop is correct. He cannot enforce the HC parking.

    If you have a complaint about the parking spaces, you need to speak with whoever controls that in your city (likely the building department or code enforcement)

    the stop signs; you need to check the requirements for what constitutes a "legal" sign. If the signs do not meet the requirements, a violation would not be enforceable.
    I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.

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