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Title 16A
Chapter 16A.61
Section 16A.61.381
 

Title 16A Motor Vehicles

Chapter 16A.61 Rules of the Road

Section 16A.61.381 Special Parking for Persons with Disabilities
  1. Any unauthorized use of the special placard, special license plate issued under RCW 46.18.235 or RCW 46.19.010, or identification card is a parking infraction. In addition to any penalty or fine imposed under this subsection, two hundred dollars shall be assessed.
     
  2. It is a parking infraction for a person to park in, block, or otherwise make inaccessible the access aisle located next to a space reserved for persons with physical disabilities or the space itself. In addition to any penalty or fine imposed under this subsection, two hundred dollars shall be assessed. The clerk of the court shall report all violations related to this subsection to the Washington State department of motor vehicles.
     
  3. It is a parking infraction for any person to park a vehicle in a parking place provided on private property without charge or on public property reserved for persons with physical disabilities without a placard or special license plate issued under RCW 46.18.235 or RCW 46.19.010. In addition to any penalty or fine imposed under this subsection, two hundred dollars shall be assessed. If a person is charged with a violation, the person shall not be determined to have committed an infraction if the person produces in court or before the court appearance the placard or special license plate issued under RCW 46.18.235 or RCW 46.19.010 required under this section. The time limit for non-metered on-street parking places reserved for physically disabled persons is four hours for qualified vehicles unless a longer time would otherwise apply for the use of these parking places. The time limit for the use of non-reserved, on-street parking spaces by vehicles displaying the special parking placards is four hours unless a longer time would otherwise apply. All time restrictions applicable under this subsection must be clearly posted.
     
  4. Allocation of Assessments and Fines.
    1. The assessment imposed under subsections (A), (B) and (C) of this section shall be allocated as follows:
      1. One hundred dollars shall be deposited in the accessible communities account created in RCW 50.40.071; and
      2. One hundred dollars shall be deposited in the multimodal transportation account under RCW 47.66.070 for the sole purpose of supplementing a grant program for special needs transportation provided by transit agencies and nonprofit providers of transportation that is administered by the department of transportation.
    2. Any reduction in any penalty or fine and assessment imposed under subsections (A), (B) and (C) of this section shall be applied proportionally between the penalty or fine and the assessment. When a reduced penalty is imposed under subsection (A), (B) and (C) of this section, the amount deposited in the accounts identified in this subsection shall be reduced equally and proportionally.
    3. The penalty or fine amounts imposed under subsections (A), (B) and (C) of this section shall be used by the City exclusively for law enforcement. The court may also impose an additional penalty sufficient to reimburse the City for any costs it may have incurred in removal and storage of the improperly parked vehicle.
       
  5. It is a traffic infraction for any person willfully to obtain a special license plate issued under RCW 46.19.010 or RCW 46.18. 235 placard, or identification card in a manner other than that established under RCW 46.18.235.
     
  6. For second or subsequent violations of this section, in addition to a monetary fine, the violator must complete a minimum of forty hours of:
    1. community restitution for a nonprofit organization that serves persons with disabilities or disabling diseases; or
    2. any other community restitution that may sensitize the violator to the needs and obstacles faced by persons who have disabilities.
       
  7. The court may not suspend more than one-half of any fine imposed under subsections (A), (B) and (C) or (E) of this section.
     
  8. A violation of this section is a class 1 infraction under SMC 1.02.950.

Date Passed: Monday, November 19, 2012

Effective Date: Thursday, December 20, 2012

ORD C34935 Section 1