[HISTORY: Adopted by the Town Meeting of the Town of Harvard as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-2-2005 ATM by Art. 39]
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, residential dwellings, or for any other place where the public has a right of access as invitees or licensees, 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 distinguishing license plate authorized by section two of chapter ninety of the Massachusetts General Laws or for any vehicle transporting a handicapped person and displaying the special identification plate authorized by section two of chapter ninety or for any vehicle bearing the official identification of a handicapped person issued by any other state, or any Canadian province, shall provide designated parking spaces for vehicles either owned and operated by disabled veterans or by handicapped persons and bearing the distinctive number plates authorized by said section two of said chapter ninety, or for vehicles transporting handicapped persons and displaying the special parking identification plate authorized by said section two of said chapter ninety, or for vehicles bearing the official identification of a handicapped person issued by any other state, or any Canadian province according to the following formula:
If the number of parking spaces in any such area is more than 15 but not more than 25, one parking space; more than 25 but not more than 40, 5% of such spaces but not less than two; more than 40 but not more than 100, 4% of such spaces but not less than three; more than 100 but not more than 200, 3% of such spaces but not less than four; more than 200 but not more than 500, 2% of such spaces but not less than six; more than 500 but not more than 1,000, 1 1/2% of such spaces but not less than 10; more than 1,000 but not more than 2,000, 1% of such spaces but not less than 15; more than 2,000 but less than 5,000, 3/4 of 1% of such spaces but not less than 20; and more than 5,000, 1/2 of 1% of such spaces but not less than 30.
Parking spaces designated as reserved under the provisions of Subsection A shall be identified by the use of above grade signs with white lettering against a blue background and shall bear the words "Handicapped Parking: Special Plate Required. Unauthorized Vehicles May be Removed at Owner's Expense''; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be 12 feet wide or two eight-foot wide areas with four feet of cross hatch between them. The cross hatch area abutting a handicapped parking space shall, for the purposes of this subsection, be considered a handicapped parking space.
Leaving unauthorized vehicles unattended within parking spaces designated as reserved for vehicles owned and operated by disabled veterans or handicapped persons, including the cross hatch areas, designated for use by disabled veterans or handicapped persons or in such a manner as to obstruct a curb ramp designed for use by a handicapped person as a means of egress to a street or public way is prohibited.
The penalty for a violation of any provision of this article shall be $100 for the first offense; $200 for the second offense; and $300 for the third and each subsequent offense. This penalty shall not be a surchargeable offense under Section 113B of Chapter 175 of the Massachusetts General Laws. As an alternative to criminal prosecution for violations of this article, violators may be punished by the imposition of civil fines pursuant to the provisions of Massachusetts General Laws Chapter 40, Section 21D. Such civil fines shall be $100 for the first offense; $200 for the second offense; and $300 for the third and each subsequent offense. The police officers of the Town shall enforce the provisions of this article.