2005 Minnesota Statutes - 169.346 — Disability parking areas; criteria, enforcement.

     169.346 Disability parking areas; criteria, enforcement. 


    Subdivision 1.    Disability parking space prohibitions. 
  A person shall not: 


    (1) park a motor vehicle in or obstruct access to a parking 
 space or associated access aisle designated and reserved for the 
 physically disabled, on either private or public property; 


    (2) park a motor vehicle in or obstruct access to an area 
 designated by a local governmental unit as a transfer zone for 
 disabled persons; 


    (3) alter a certificate; 


    (4) exercise the parking privilege provided in section 
 169.345, unless:  


    (i) that person is a physically disabled person as defined 
 in section 169.345, subdivision 2, or the person is transporting 
 or parking a motor vehicle for a physically disabled person; and 


    (ii) the motor vehicle visibly displays one of the 
 following:  a disability plate issued under section 168.021, a 
 certificate issued under section 169.345, a permit valid for 30 
 days issued under section 168.021 or 169.345, or an equivalent 
 certificate, insignia, or plate issued by another state, a 
 foreign country, or one of its political subdivisions; or 


    (5) park a motor vehicle in an area used as a regular route 
 transit stopping point where a transit vehicle that is 
 accessible to the physically disabled regularly stops and a sign 
 that bears the international symbol of access in white on blue 
 is posted.  A sign posted under this clause may display other 
 information relating to the regular route transit service.  For 
 purposes of this clause, an area used as a regular route transit 
 stopping point consists of the 80 feet immediately preceding the 
 sign described in this clause. 


    Subd. 2.    Disability parking space signs.  (a) Parking 
 spaces reserved for physically disabled persons must be 
 designated and identified by the posting of signs incorporating 
 the international symbol of access in white on blue and 
 indicating that violators are subject to a fine of up to $200.  
 These parking spaces are reserved for disabled persons with 
 motor vehicles displaying the required certificate, plates, 
 permit valid for 30 days, or insignia. 


    (b) For purposes of this subdivision, a parking space that 
 is clearly identified as reserved for physically disabled 
 persons by a permanently posted sign that does not meet all 
 design standards, is considered designated and reserved for 
 physically disabled persons.  A sign posted for the purpose of 
 this section must be visible from inside a motor vehicle parked 
 in the space, be kept clear of snow or other obstructions which 
 block its visibility, and be nonmovable or only movable by 
 authorized persons. 


    Subd. 2a.    Parking space free of obstruction; penalty. 
  The owner or manager of the property on which the designated 
 parking space is located shall ensure that the parking space and 
 associated access aisle are kept free of obstruction.  If the 
 owner or manager does not have the parking space properly posted 
 or allows the parking space or access aisle to be blocked by 
 snow, merchandise, or similar obstructions for 24 hours after 
 receiving a warning from a peace officer, the owner or manager 
 is guilty of a misdemeanor and subject to a fine of up to $500. 


    Subd. 3.    Misdemeanor; enforcement.  A person who 
 violates subdivision 1 is guilty of a misdemeanor and must be 
 fined not less than $100 and not more than $200.  This 
 subdivision must be enforced in the same manner as parking 
 ordinances or regulations in the governmental subdivision in 
 which the violation occurs.  Law enforcement officers may tag 
 motor vehicles parked on either private or public property in 
 violation of subdivision 1.  Parking enforcement employees or 
 agents of statutory or home rule charter cities or towns may tag 
 or otherwise issue citations for motor vehicles parked on public 
 property in violation of subdivision 1.  If a holder of a 
 disability certificate or disability plates allows a person who 
 is not otherwise eligible to use the certificate or plates, then 
 the holder is not eligible to be issued or to use a disability 
 certificate or plates for 12 months after the date of 
 violation.  A physically disabled person, or a person parking a 
 motor vehicle for a disabled person, who is charged with 
 violating subdivision 1 because the person parked in a parking 
 space for physically disabled persons without the required 
 certificate, license plates, or permit must not be convicted if 
 the person produces in court or before the court appearance the 
 required certificate, permit, or evidence that the person has 
 been issued plates under section 168.021, and demonstrates 
 entitlement to the certificate, plates, or permit at the time of 
 arrest or tagging. 


    Subd. 4.    Local ordinance; citizen enforcement program. 
  A statutory or home rule charter city may, by ordinance, 
 establish a program to enforce the parking restrictions of this 
 section or any similar local ordinance, relating to parking 
 spaces for the physically disabled, by using citizen volunteers 
 to issue citations to violators.  The ordinance shall contain a 
 process for training program participants in the requirements of 
 the law, the method of issuing citations, and other related 
 matters.  Program participants who satisfy the training 
 requirements of the ordinance are authorized to issue citations 
 for violations of this section and are exempt from any other 
 training or licensure requirements imposed on law enforcement 
 officers by chapter 626. 


    Subd. 5.    Local ordinance; long-term parking.  A 
 statutory or home rule charter city may enact an ordinance 
 establishing a permit program for long-term parking. 


    HIST: 1977 c 205 s 1; 1979 c 31 s 3; 1979 c 277 s 5-7; 1983 c 
 24 s 1; 1986 c 444; 1987 c 355 s 8; 1990 c 482 s 2; 1990 c 497 s 
 12; 1991 c 301 s 5,6; 1992 c 424 s 1; 1993 c 83 s 3; 1993 c 98 s 
 6-8; 1993 c 130 s 1; 1994 c 495 s 1; 1999 c 238 art 2 s 19,20; 
 2005 c 64 s 8-11