Town of Brewster, MA Chapter 106 Handicapped Parking

[HISTORY: Adopted 11-5-2007 Fall Yearly Town Meeting, Art. 12.[1] Amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks — See Ch. 157.

[1] Editor's Note: This article also repealed former Ch. 106, Handicapped Parking, adopted 5-8-1989 Annual Town Meeting, Art. 27.

§ 106-1 Reservation of spaces required.

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 is 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 distinguishing license plate or placard authorized by MGL c. 90, § 2, or Chapter 632 of the Acts of 1985, as amended.

§ 106-2 Number of spaces required.

Total Parking in Lot	Required Minimum Number of Accessible Spaces
16 - 25	1
26 - 40	5% but not less than 2
41 - 100	4% but not less than 3
101 - 200	3% but not less than 4
201 - 500	2% but not less than 6
501 - 1,000	1.5% but not less than 10
1,001 - 2,000	1% but not less than 15
2,001 - 5,000	0.75% but not less than 20
5,001 -	0.5% but not less than 30

§ 106-3 Identification; location.

A. All parking spaces designated as reserved under the provisions of the above section shall continue to be so reserved unless a change in designation is authorized in writing by the Building Inspector and shall be identified by the use of above-grade signs, located at a height no less than five feet but more than eight feet to the top of the sign. The sign shall show the international symbol of accessibility. Van accessible spaces shall include the words "van accessible."

B. Such spaces 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 shall be two eight-foot wide areas with four feet of cross hatch between them.

§ 106-4 Violations and penalties.

It shall be unlawful for any person or persons to have unauthorized vehicles within parking spaces designated for use by disabled veterans or handicapped persons as authorized by the above sections or to leave such a vehicle as to obstruct a curb ramp designed for use by handicapped persons as a means of egress to a street or public way. The penalty for violation of this section shall be $100. The vehicle may be removed according to the provisions of MGL c. 266, § 120D. The penalty for failure to establish and maintain handicapped spaces and signs required by the above sections in this chapter shall be $50 for each day such failure continues. As an alternative to criminal enforcement, this chapter may, in accordance with MGL c. 40, § 21D, be enforced in a noncriminal proceeding by either the Building Commissioner and local inspectors or any member of the Police Department. Any enforcement person taking cognizance of a violation of the chapter may, as an alternative to initiating criminal proceedings, give to the offender a written notice to appear before the Clerk of the Orleans District Court at any time during office hours, but not later than 21 days after the date of the notice, unless the civil fine is sooner paid.