[Adopted 8-29-1995 by Art. 3, approved 11-27-1995]
A.
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 or placards authorized by MGL c. 90, § 2. 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 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 distinguishing license plate authorized by
MGL c. 90, § 2, 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 the spaces but not fewer than two; more than 40 but not more
than 100, 4% of such spaces but not fewer than three; more than 100
but not more than 200, 3% of such spaces but not fewer than four;
more than 200 but not more than 500, 2% of such spaces but not fewer
than six; more than 500 but not more than 1,000, 1 1/2% of such
spaces but not fewer than 10; more than 1,000 but not more than 2,000,
1% of such spaces but not fewer than 15; more than 2,000 but less
than 5,000, 3/4 of 1% of such spaces but not fewer than 20; and more
than 5,000, 1/2 of 1% of such spaces but not fewer than 30.
B.
For the purposes of this article, off-street parking
areas associated with residential condominiums shall not be deemed
to be open to and used by the public as licensees or invitees unless
there are 15 or more parking spaces available per residential unit
and industrial unit.
Each parking space designated as reserved under the provisions of § 123-9 of this article shall be identified by a permanently installed above-grade sign at least five to eight feet above ground level with white lettering against a blue background and shall bear the words "Handicapped parking. 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. Such parking spaces shall be adjacent to curb ramps or other methods permitting sidewalk access to a handicapped person and shall be 12 feet wide or have two eight-foot-wide areas with four feet of crosshatch between them and contain the International Symbol of Accessibility on their surface.
Unauthorized vehicles shall be prohibited from parking within parking spaces designated for use by disabled veterans or handicapped person as authorized by §§ 123-9 and 123-10 of this article or parking in such a manner as to obstruct such parking spaces or curb ramps designated for use by handicapped persons as a means of egress to a street or public way.
A.
The penalty for parking in violation of this article shall be no less than $100 nor more than $300 and authorize removal of such vehicles in accordance with § 22D of Chapter 40 of the Massachusetts General Laws, and/or the vehicle may be removed at the owner's expense according to the provisions of MGL c. 266, § 120D, and may be enforced by the Police Department and/or by those authorized under Chapter 25 of the Yarmouth Code.
[Amended 4-12-2006 ATM by Art. 33, approved 8-10-2006]
