46.28.070 Parking for disabled persons

46.28.070 Parking for disabled persons.

A. Authority. A person who has been issued current and valid special license plates, parking placards, or special year tabs for persons with disabilities from the Washington State Department of Licensing pursuant to Chapter 46.19 RCW shall be allowed to park a vehicle being used to transport such person in places reserved for persons with physical disabilities, metered parking spaces free of charge, and in nonmetered spaces for unlimited periods of time in parking zones or areas which are otherwise restricted as to the length of time parking is permitted except as otherwise provided in subsection D of this section. This section shall have no application to those zones or areas in which the stopping, parking or standing of all vehicles is prohibited or which are reserved for special types of vehicles.

B. Display. Valid special license plates, parking placards, and special year tabs for persons with disabilities must be displayed in accordance with this subsection.

1. License plates for persons with disabilities must be displayed on the motor vehicle as standard issue license plates in accordance with RCW 46.16A.200.

2. A parking placard must include both a serial number and the expiration date on the face of the placard. The expiration date and serial number must be of a sufficient size to be easily visible from a distance of ten feet from where the placard is displayed.

3. A parking placard must be displayed when the motor vehicle is parked by suspending it from the rear-view mirror. In the absence of a rear-view mirror, the parking placard must be displayed on the dashboard. The parking placard must be displayed in a manner that allows for the entire placard to be viewed through the vehicle windshield.

4. Special year tabs for persons with disabilities must be displayed on license plates as defined by the Washington State Department of Licensing.

1. False Information. Knowingly providing false information in conjunction with the application for special parking privileges for persons with disabilities pursuant to Chapter 46.19 RCW is a gross misdemeanor punishable in accordance with Section 10.04.080.

2. Unauthorized Use. Any unauthorized use of a parking placard, special license plate, special year tab, or identification card issued pursuant to Chapter 46.19 RCW is a parking infraction. “Unauthorized use” includes (a) any use of a parking placard, special license plate, special year tab, or identification card that is expired, inactive, faked, forged, or counterfeited, (b) any use of a parking placard, special license plate, special year tab, or identification card of another holder if the initial holder is no longer eligible to use or receive it, and (c) any use of a parking placard, special license plate, special year tab, or identification card of another holder even if permitted to do so by the holder.

3. Parking Without Placard/Plate/Tab. It is a parking infraction for any person to stop, stand, or park a vehicle in a parking space reserved for persons with physical disabilities on private property without charge or on public property, without a placard, special license plate, or special year tab issued pursuant to Chapter 46.19 RCW. If a person is charged with a violation of this subsection, the person will not be determined to have committed an infraction if the person establishes that the person operating the vehicle or being transported at the time of the infraction had a valid placard, special license plate, or special year tab issued pursuant to Chapter 46.19 RCW. Such person must sign a statement under penalty of perjury that the placard, special license plate, or special year tab produced prior to the court appearance was valid at the time of infraction and issued pursuant to Chapter 46.19 RCW.

4. Inaccessible Access. It is a parking infraction for a person to stop, stand, or park a vehicle in, block, or otherwise make inaccessible the access aisle located next to a space reserved for persons with physical disabilities.

5. Improper Display of Placard/Plate/Tab. It is a parking infraction to fail to fully display a placard, special license plate, or special year tab issued pursuant to Chapter 46.19 RCW while parked in a space reserved for persons with physical disabilities on private property without charge or on public property, or while parking free of charge as otherwise allowed under this section. “Fully display” means hanging or placing the placard, special license plate, or special year tab so that the full face of the placard, license plate, or tab is visible, including the serial number and expiration date on the placard. If a person is charged with a violation of this subsection, that person will not be determined to have committed an infraction if the person produces in court or before the court appearance a valid identification card issued to the person pursuant to Chapter 46.19 RCW.

6. Illegal Obtainment. Except as provided in subsection (C)(1) of this section, it is a misdemeanor punishable in accordance with Section 10.04.080 for any person to willfully obtain a special license plate, placard, special year tab, or identification card issued pursuant to Chapter 46.19 RCW in a manner other than that established by Chapter 46.19 RCW.

7. Sale of Placard/Plate/Tab/Card. It is a misdemeanor punishable in accordance with Section 10.04.080 for any person to sell a placard, special license plate, special year tab, or identification card issued pursuant to Chapter 46.19 RCW.

D. Pursuant to RCW 46.19.050, a time limitation of four hours may be imposed on the use of nonreserved, on-street parking spaces (metered or nonmetered) by vehicles displaying special parking placards, special license plates, or special year tabs when such time restriction is clearly posted.

E. A parking space or stall for a disabled person shall be identified as described in RCW 46.61.581 including fine, time limitation (if applicable), and tow-away information. Notwithstanding any provision in this chapter, in accordance with RCW 46.61.581, failure of the person owning or controlling the property where required parking spaces are located to erect and maintain the sign is a Class 2 civil infraction under Chapter 7.80 RCW for each parking space that should be so designated. The person owning or controlling the property where the required parking spaces are located shall ensure that the parking spaces are not blocked or made inaccessible, and failure to do so is a Class 2 civil infraction.

F. Notwithstanding any provision in this chapter, the city’s police department is authorized to appoint volunteers, with a limited commission, to issue notices of infractions for violations of subsections (C)(2) through (5) and E of this section. Volunteers must be at least twenty-one years of age and meet such additional qualifications as established by the city’s police department. A notice of infraction issued by a volunteer appointed under this section has the same force and effect as a notice of infraction issued by police officers and parking enforcement officers for the same offense. A police officer, parking enforcement officer, or volunteer may request a person to show the person’s identification card or special parking placard when investigating the possibility of a violation of this section. If the request is refused the person in charge of the vehicle may be issued a notice of infraction for a violation of this section.

G. If a person is found to have violated the special parking privileges provided in this section, and unless an appeal of that finding is pending, a judge may order that the person surrender his or her placard, special license plate, special year tab, or identification card issued pursuant to Chapter 46.19 RCW. (Ord. 3440-15 § 5, 2015; Ord. 3125-09 § 3, 2009; Ord. 2317-98 § 2, 1998; Ord. 2180-96 § 7, 1996.)