[Adopted 4-12-1982]
This article shall apply to all new and existing
parking areas for 10 or more motor vehicles, whether located on residential,
nonresidential, commercial, private or public sites.
The traffic authority of the town or the owner,
operator, lessee or tenant of such premises shall designate specially
marked parking spaces for handicapped persons. No motor vehicle shall
park in such space except:
A.
A motor vehicle registered as a passenger motor vehicle
or passenger and commercial motor vehicle and operated by or transporting
holders or the holder of a special identification card issued by the
Commissioner of Motor Vehicles of the State of Connecticut pursuant
to the General Statutes, which card shall be displayed so as to be
visible through the left portion of the windshield of such vehicle;
B.
A motor vehicle bearing special license plates with
numerals followed by the letters "HP" or veterans' license plates
issued by the Commissioner of Motor Vehicles, provided that a handicapped
person is the operator of or passenger in such motor vehicle; or
C.
A motor vehicle bearing a temporary handicapped parking
permit issued by the Chief of Police of the town upon written recommendation
of a physician and advice of a physician as to the time period said
permit shall be valid and having written on it a date of issuance
and an expiration date. Said permit shall be for use by a physically
handicapped person in any motor vehicle operated by or used to transport
said person within the Town of Simsbury and shall be displayed in
the left portion of the windshield of such vehicle.
A.
On each site having parking spaces for 10 to 25 vehicles,
at least one space shall be specially designated and reserved for
handicapped parking. Additional spaces for handicapped parking shall
be in accordance with the following table:
|
Total Parking on Site
|
Required Number of Handicapped Parking
Spaces
|
|---|---|
|
26 - 50
|
2
|
|
51 - 75
|
3
|
|
76 - 100
|
4
|
|
101 - 150
|
5
|
|
151 - 200
|
6
|
|
201 - 300
|
7
|
|
301 - 400
|
8
|
|
401 - 500
|
9
|
|
501 - 1,000
|
2% of total
|
|
Over 1,000
|
20 plus 1 for each 100 over 1,000
|
B.
Parking spaces for the handicapped shall be located
as close as possible to elevators, ramps, walkways and entrances and
so located that the handicapped person is not compelled to wheel or
walk behind parked vehicles to reach entrances, ramps, walkways and
elevators. Any motor vehicle parked in a manner that blocks, obstructs
or otherwise impedes access to such entrances, ramps, walkways and
elevators shall be deemed to be in violation of this article.
Each such space designated for handicapped parking
shall be not less than 15 feet in width, including three feet of crosshatch.
Each such space shall be identified by a vertically mounted, permanent
and adequate sign bearing the words HANDICAPPED PARKING - PERMIT REQUIRED
and a symbolic representation of a handicapped person in a wheelchair.
Signs shall consist of white lettering against a blue background.
Such vertically mounted signs shall be erected, installed and maintained
by and at the expense of the owner, operator, lessee or tenant of
said site and shall further indicate that unauthorized use of said
space shall subject the violator to a fine. All access ramps shall
be marked, striped or painted yellow.
The requirements of § 149-8A of this Article may be modified by the Public Safety Committee of the Board of Selectmen if in its opinion such requirements would place an unreasonable burden on the owner of the parking area. Applications for such modifications shall be in writing and shall detail the number of handicapped spaces required under this Article, the number of handicapped spaces for which modification is requested and the reasons for requesting such modifications. The Public Safety Committee may, at its discretion, hold a public hearing on any or all such waiver applications. In granting a waiver application, the Public Safety Committee may impose such conditions as it deems necessary to execute the intent of this Article.
Under the provisions of this Article a "handicapped
person" shall be a person whose ability to walk is seriously and permanently
impaired. Impairment of ability to walk shall be certified by a physician
on a form prescribed by the Commissioner of the State Department of
Motor Vehicles. A "handicapped person" shall also be defined as a
person who qualifies for the temporary handicapped parking permit
issued by the Chief of Police of the Town of Simsbury upon written
recommendation of a physician.
[Amended 12-9-1996]
Whenever any vehicle shall be found parked in
violation of this article, any Simsbury police officer may issue a
citation for such violation, which citation shall provide for a fine
in accordance with the fee schedule set by the Board of Selectmen,
payable to the Town of Simsbury and remitted to police headquarters
within seven days of the citation date. If any fine is not paid within
seven days, such fine shall double. Failure to pay the appropriate
fine as provided for in this article shall be an infraction as provided
for in Connecticut General Statutes, §§ 51-164m and
51-164n. Pursuant to Connecticut General Statutes, § 51-164p,
any such violation shall be punishable by a fine of not more than
$90 for each offense.
The owner of any motor vehicle parked in violation
of this article shall be presumed to be the person who committed the
parking violation and shall have the burden of proving that said vehicle
was, at the time of the violation, in the custody and control of another
and was so parked by another.
