2006 Code of Virginia § 46.2-1242 - Parking in spaces reserved for persons with disabilities; local ordinances; penalty

46.2-1242. Parking in spaces reserved for persons with disabilities; localordinances; penalty.

A. No vehicles other than those displaying disabled parking license plates,organizational removable windshield placards, permanent removable windshieldplacards, or temporary removable windshield placards issued under 46.2-1241, or DV disabled parking license plates issued under subsection B of 46.2-739, shall be parked in any parking spaces reserved for persons withdisabilities.

1. No person without a disability that limits or impairs his ability to walkshall park a vehicle with disabled parking license plates, organizationalremovable windshield placards, permanent removable windshield placards,temporary removable windshield placards, or DV disabled parking licenseplates issued under subsection B of 46.2-739 in a parking space reservedfor persons with disabilities that limit or impair their ability to walkexcept when transporting a disabled person in the vehicle.

2. A summons or parking ticket for the offense may be issued bylaw-enforcement officers, uniformed law-enforcement department employees, orvolunteers acting pursuant to 46.2-1244 without the necessity of awarrant's being obtained by the owner of any private parking area.

3. Parking a vehicle in a space reserved for persons with disabilities inviolation of this section shall be punishable by a fine of not less than $100nor more than $500.

B. The governing body of any county, city, or town may, by ordinance, providethat it shall be unlawful for a vehicle not displaying disabled parkinglicense plates, an organizational removable windshield placard, a permanentremovable windshield placard, or a temporary removable windshield placardissued under 46.2-1241, or DV disabled parking license plates issued undersubsection B of 46.2-739, to be parked in a parking space reserved forpersons with disabilities that limit or impair their ability to walk or for aperson who is not limited or impaired in his ability to walk to park avehicle in a parking space so designated except when transporting a personwith such a disability in the vehicle.

1. Any local governing body, by such ordinance, may assess and retain a fineof not less than $100 nor more than $500 for its violation.

2. The ordinance may further provide that a summons or parking ticket for theoffense may be issued by law-enforcement officers, volunteers serving inunits established pursuant to 46.2-1244, and other uniformed personnelemployed by the locality to enforce parking regulations without the necessityof a warrant's being obtained by the owner of the private parking area.

C. In any prosecution charging a violation of this section or an ordinanceadopted pursuant to this section, proof that the vehicle described in thecomplaint, summons, parking ticket, citation, or warrant was parked inviolation of this section or the ordinance, together with proof that thedefendant was at the time the registered owner of the vehicle, as required byChapter 6 ( 46.2-600 et seq.) of this title, shall constitute prima facieevidence that the registered owner of the vehicle was the person whocommitted the violation.

D. No violation of this section or an ordinance adopted pursuant to thissection shall be dismissed for a property owner's failure to comply strictlywith the requirements for disabled parking signs set forth in 36-99.11,provided the space is clearly distinguishable as a parking space reserved forpersons with disabilities that limit or impair their ability to walk.

(1997, cc. 783, 904.)