§ 35-474. Accessible parking.

(a)

No person shall stop, stand, or park any vehicle in a parking space, whether on public or private property, which is clearly marked as being reserved for the use of persons with a disability or persons responsible for the transportation of persons with a disability unless such vehicle bears a special license plate, permanent placard or temporary placard issued pursuant to K.S.A. 8-161 or K.S.A. 8-1,125 and is being operated by or used for the transportation of a person with a disability or disabled veteran. In addition to the temporary placard, a person issued such temporary placard shall carry the state or county receipt showing the name of the person who is issued such temporary placard. If a parking space on private property is clearly marked as being reserved for the use of a specified person with a disability, it shall be unlawful for any other person to park in such space.

(b)

When a motor vehicle that bears a special license plate or placard issued pursuant to K.S.A. 8-1,125 is being operated by or used for the transportation of a person with a disability or of a disabled veteran, such motor vehicle:

(1)

May be parked in any parking space, whether on public or private property, which is clearly marked as being reserved for the use of persons with a disability or persons responsible for the transportation of a person with a disability, except a parking space on private property which is clearly marked as being reserved for the use of a specified person with a disability;

(2)

May be parked for a period of time not to exceed 24 hours in any parking zone which is restricted as to the length of parking time permitted, except where stopping, standing, or parking is prohibited to all vehicles, where parking is reserved for special types of vehicles, or where parking would clearly present a traffic hazard; and

(3)

Shall be exempt from any parking meter fees.

(c)

Official identification devices issued to persons with a disability by any other state, district, or territory subject to the laws of the United States, or any foreign jurisdiction, shall be recognized as acceptable identification. Motor vehicles bearing a valid device from such a jurisdiction shall be accorded the parking privileges contained in subsection (b) of this section, except that, if such person becomes a resident of this state, such identification devices shall not be recognized as acceptable identification 60 days after such person becomes a resident of the state and such devices shall be deemed expired. Possession of an identification device deemed to have expired shall be subject to the provisions of subsection (g) of this section.

(d)

Notwithstanding the provisions of K.S.A. 8-2003, each designated accessible parking space shall be clearly marked by vertically mounted signs bearing the international symbol of access.

(e)

All parking shall conform to title II or title III, as required by the Americans with Disabilities Act of 1990, 42 USC 12101 et seq., and 28 CFR 35 and 36.

(f)

At no time, except when necessary to avoid conflict with other traffic or in compliance with the law or the directions of a law enforcement officer or official traffic-control device, shall a person:

(1)

Stop, stand, or park any vehicle in a parking space designated as accessible parking without displaying a special license plate, permanent placard or disabled veteran license plate and an individual identification card, or a valid temporary placard. Placards shall be displayed in accordance with K.S.A. 8-1,125(a);

(2)

Stop, stand, or park a vehicle so that it blocks an access entrance;

(3)

Stop, stand, or park a vehicle so that it blocks a disabled parking stall;

(4)

Stop, stand, or park a vehicle so that it blocks an access aisle; or

(5)

Stop, stand, or park a vehicle in an access aisle between or beside a designated accessible parking space.

Violation of this subsection is punishable by a fine of not less than $50.00 nor more than $150.00. The provisions of this subsection shall be enforced by law enforcement officers and parking control officers on public and private property.

(g)

Any person who willfully and falsely represents that such person has the qualifications to obtain a special license plate, a permanent placard and an individual identification card, or temporary placard shall be guilty of a violation of this subsection and shall be punished by a fine of not more than $500.00 or by imprisonment for not more than one month or by both such fine and imprisonment. Any person authorized to certify a person with a disability under K.S.A. 8-1,125(a) who willfully and falsely certifies that a person has the qualifications to obtain a special license plate, a permanent placard and an individual identification card, or temporary placard shall be guilty of a violation of this subsection and shall be punished by a fine of not more than $500.00 or by imprisonment for not more than one month or by both such fine and imprisonment.

(h)

It shall be unlawful for any person to utilize any accessible parking identification device that has expired or has been revoked or suspended by the secretary.

(i)

It shall be unlawful for any person to utilize any accessible parking identification device issued to another person, an agency or a business, to park in any parking space specified in K.S.A. 8-1,126, which could be utilized by a person with a disability, except when transporting or arriving to transport a person with a disability to whom or for whom the identification device was issued.

(j)

Violation of the provisions of subsections (g) or (h) of this section is punishable by a fine of not less than $100.00 or more than $300.00.

(Code 1964, § 36-179; Code 1988, § 35-457; Ord. No. 53410, § 1, 1-7-1975; Ord. No. 63165, § 7, 7-23-1981; Ord. No. 64705, § 7, 9-20-1984; Ord. No. 65069, § 9, 10-16-1986; Ord. No. 65198, § 2, 9-3-1987; Ord. No. 65297, § 10, 4-7-1988; Ord. No. 65343, § 4, 8-18-1988; Ord. No. 65479, § 14, 11-16-1989; Ord. No. 65822, § 16, 7-8-1993; Ord. No. 66164, § 23, 10-17-1996; Ord. No. O-19-04, § 8, 3-4-2004; Ord. No. O-54-08, § 2, 7-31-2008)

State law reference

Handicapped parking, K.S.A. 8-1,125 et seq.