Town of Harwich, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Meeting of the Town of Harwich as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Beach parking — See Ch. 40.
[Adopted 5-5-2009 STM by Art. 1]
[Amended 5-8-2012 STM by Art. 3]
No person shall park a motor vehicle, motorcycle, or like means of transportation in a designated parking space that is reserved for vehicles owned and operated by disabled veterans or by handicapped persons unless said vehicle bears the distinctive license plates, placards, or for vehicles transporting a handicapped person, displaying the special identification plate authorized by MGL c. 90, § 2, or for any vehicle bearing the official identification of a handicapped person issued by any other state or other legitimate governmental entity.
Any person or body that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, multifamily residential dwellings, or for any other place where the public has a right of access as invitees or licensees shall be required to reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the distinctive license plates, placards, or for vehicles transporting a handicapped person, displaying the special identification plate authorized by MGL c. 90, § 2, or for any vehicle bearing the official identification of a handicapped person issued by any other state or other legitimate governmental entity, according to the following formula:
Total Parking Spaces
Minimum Required Accessible Spaces (see Note 1)
1 to 25
1 space (see Note 2)
26 to 50
2 spaces
51 to 75
3 spaces
76 to 100
4 spaces
101 to 150
5 spaces
151 to 200
6 spaces
201 to 300
7 spaces
301 to 400
8 spaces
401 to 500
9 spaces
501 to 1,000
2% of total
1,001 and over
20 spaces plus 1 space for each 100 over 1,000 spaces
Note 1: One or more adjacent establishments may use the combined parking areas of each establishment to provide the required number of universal accessible spaces (11 feet wide with adjacent five-foot-wide crosshatch) for all participating establishments, provided that no such spaces shall be farther than 100 feet from any of the accessible entrances of the participating establishments, and further provided that a safe and accessible path to each participating establishment is provided and maintained, except as provided under an approved accommodation plan under § 208-3.
Note 2: For parking areas, new or existing, containing from one to 15 spaces and not subject to other provisions of this bylaw relative to a renovation or expansion project, compliance with this table may be satisfied pursuant to the requirements of § 208-3 below.
Note 3: Parking spaces shall be level with surface. Any slopes shall not exceed a ratio of 1:50 in all directions.
A. 
Parking areas, new or existing, which contain fewer than 16 parking spaces and are subject to the provisions of this bylaw may provide for alternate ways of accommodating parking access by individuals with disabilities by implementing an accommodation plan approved by the Board of Selectmen or its designee which incorporates one or more of the following measures:
(1) 
A plan for accommodation which provides for reasonable and safe means for unloading, loading, and parking a wheelchair-lift-equipped passenger van. In addition to other approaches, such plan may provide for a system in which employees of a subject establishment are trained, able, and reasonably available to assist disabled people in accessing the establishment and returning to their vehicles. This may include designating a marked and signed area on the site or an adjacent property in which a lift-equipped van may temporarily be unloaded and loaded and parked in a standard parking space and retrieved by an employee of the establishment.
(2) 
A plan for accommodation that provides for a system in which disabled individuals may be served in their vehicles and/or homes by a representative of a subject establishment. This option shall not be available to restaurants.
B. 
Approval of accommodation plans will be subject to such procedures, rules and/or regulations as may from time to time be adopted by the Board of Selectmen, subject to public hearing in accordance with established policy.
A. 
Each parking space designated as reserved under the provisions of § 208-2 of this article or each pair of such spaces shall be identified by a permanently installed above-grade sign located at a height of not less that five feet and not more than eight feet to the top of the sign with white lettering against a blue background and which shall bear the words "Parking for People with Disabilities, Special Plate Required, Unauthorized Parking Subject to Fine and Towing at Owner's Expense" and must also contain the international symbol of accessibility which is a person in a wheelchair.
B. 
Such parking spaces shall be as near as possible to a building entrance or walkway and adjacent to curb ramps or other unobstructed methods which permit sidewalk access to a person with a disability, shall be 11 feet wide with five feet of crosshatch and shall contain the international symbol of accessibility on their surface. However, on unpaved lots, parking spaces shall be designated only by the sign as defined in this section. Where the designated parking space cannot be located within 200 feet of an entrance accessible to the physically handicapped, a dropoff area, accessible to the physically handicapped, shall be provided within 100 feet of such entrance.
[Amended 5-8-2012 STM by Art. 3]
[1]
Editor’s Note: Former § § 208-5, Universal accessible space, was repealed 5-8-2012 STM by Art. 3.
This bylaw shall apply to any existing or future parking area to which the public has a right to access as invitees or licensees.
A. 
The penalty for parking in violation of § 208-1 shall be $200, and any vehicle parked in violation thereof may be towed according to the provisions of MGL c. 40, § 22D. The Police Department shall enforce the provisions of the bylaw.
B. 
The penalty for failure to establish and/or maintain the parking spaces and signs required by §§ 208-2 and 208-4 of this bylaw shall be a fine of $200 for each day failure continues. The Building Official shall enforce the provisions of the bylaw.[1]
[1]
Editor’s Note: Former § 208-8, Effective date, which immediately followed this section, was repealed 5-8-2012 STM by Art. 3.