Louisiana Revised Statutes 40:1742 – Parking spaces for certain persons with disabilities
Terms Used In Louisiana Revised Statutes 40:1742
- ADA: means the Americans with Disabilities (Civil Rights) Act of 1990 (Public Law 101-336). See Louisiana Revised Statutes 40:1732
- ADA Standards: means the 2010 Americans with Disabilities Act Standards for Accessible Design as adopted by the United States Department of Justice pursuant to the ADA and any subsequent amendments or additions to or editions adopted by the Department of Justice. See Louisiana Revised Statutes 40:1732
- Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
- Building: means a structure to which the general public customarily has access or utilizes as defined in the ADA Standards. See Louisiana Revised Statutes 40:1732
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fire marshal: means the fire marshal of the state of Louisiana. See Louisiana Revised Statutes 40:1732
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- person: includes a body of persons, whether incorporated or not. See Louisiana Revised Statutes 1:10
- Private building or facility: means a commercial facility or a place of public accommodation as such terms are defined by the ADA Standards or in the Life Safety Code. See Louisiana Revised Statutes 40:1732
A.(1) Each state agency and political subdivision having jurisdiction over a public facility and each owner or lessee of a private facility shall, in accordance with applicable zoning and building codes, provide and maintain a minimum number of specially designed and marked motor vehicle parking spaces, referred to hereafter in this Chapter as “accessible parking spaces”, for the exclusive use of persons whose vehicles are identified by license plates, hang tags, or special parking cards for persons with mobility impairments issued pursuant to La. Rev. Stat. 47:463.4 or 463.4.1. The accessible parking spaces shall adhere to the ADA Standards and shall include accessible loading and unloading areas, access aisles, access ramps, and curb cuts. The minimum number of such parking spaces shall be as established by the ADA Standards. Public building or facility and private building or facility, as the terms are used in this Section, shall be as defined in La. Rev. Stat. 40:1732, and shall include public and private property which is open to the public and to which the public is invited for commercial or governmental purposes.
(2) The fire marshal may, in cases of extreme hardship, waive any provisions of this Section after consultation with Louisiana Rehabilitation Services.
(3) Any owner or lessee of a facility who fails to provide and maintain spaces reserved and designated for the exclusive use of vehicles bearing a special license plate or parking card issued to a driver with a mobility impairment free of obstructions shall be fined not more than five hundred dollars.
(4)(a) In addition to the ADA Standards specifications, each access aisle, or any other area of the pavement adjacent to a parking space reserved for persons with mobility impairments that is designated for the loading and unloading of vehicles parked in the space, shall have the phrase “NO PARKING” written upon the pavement area using letters that are not less than twelve inches tall.
(b) Violations of this Paragraph shall be subject to the penalties provided for in La. Rev. Stat. 40:1743.
(c) The provisions of this Paragraph shall apply to all parking spaces newly constructed or existing parking spaces whose markings are repainted after August 1, 2013.
B.(1) No person shall park any vehicle in an accessible parking space unless such person has a license plate or hang tag for persons with mobility impairments issued pursuant to La. Rev. Stat. 47:463.4 or a properly displayed special parking card issued pursuant to La. Rev. Stat. 47:463.4.1.
(2)(a) The law enforcement officer shall be authorized to issue a citation or take whatever law enforcement action is deemed necessary or both. Furthermore, when an individual found to be in violation of these provisions refuses a request by a law enforcement officer to move the vehicle found in violation, the officer shall be authorized to have such vehicle towed.
(b) The citation shall contain information concerning the nature, date, time, and location of the alleged violation, the state vehicle license plate number, and the make of vehicle. In those cases where a license plate is not visible or legible, the vehicle identification number shall be used in lieu of the state vehicle plate number. The citation shall also contain information advising the person charged of the manner and the time in which he may contest the violation charged in the citation. The citation shall also provide that a failure to timely answer or appear before a court of competent jurisdiction shall be considered a prima facie admission of the violation set forth in the citation, in which the court may assess the appropriate fine or fines and all penalties incidental thereto.
(c) The citation issued pursuant to the provisions of this Subsection shall be personally served upon the operator of the vehicle by affixing the parking citation to the vehicle in a conspicuous place thereon. The original parking citation shall bear the name or initials and identification number of the issuing officer who shall affirm the truth of the facts set forth therein. An operator of a vehicle who is not the owner, but who uses or operates the vehicle with permission of the owner, expressed or implied, shall be considered the agent of the owner to receive the citation required to be served upon the operator or registered owner of a vehicle in accordance with the provisions of this Subsection. When a citation is issued for an alleged violation of the laws governing parking in an accessible parking space, loading and unloading areas, access aisles, access ramps, and curb cuts, there shall be a rebuttable presumption that a person in whose name the vehicle is registered was the operator of the vehicle when the alleged violation was committed.
(d) In the event that the registered owner or operator of a vehicle drives the vehicle away from or in any manner leaves the site of the violation while the issuing officer is preparing the citation, or refuses service of the parking citation and drives away from or in any manner leaves the site of the violation, this fact shall be duly noted on the original and all copies of the parking citation. This original and all copies of a parking citation shall constitute a business record of the law enforcement agency issuing the citation and shall constitute prima facie evidence that the citation was issued and that an attempt at service was made in accordance with the provisions of this Subsection.
(3) The first violation of the provisions of this Subsection shall be punished by a fine of two hundred seventy-five dollars. A subsequent violation shall be punished by a fine of five hundred dollars.
(4) If the violator is other than an individual, a fine of five hundred dollars shall be imposed.
(5) In addition to such fine, the violator may also be required to pay the towing fee and any storage costs which are incurred.
(6) The state of Louisiana shall recognize parking cards or other removable windshield placards and special license plates which have been issued by authorities of other states and countries for the purpose of identifying vehicles permitted to utilize parking spaces reserved for persons with mobility impairments.
(7) No fine issued pursuant to this Section shall be reduced or suspended.
C. Subsection B of this Section shall not be construed to affect or preempt any ordinance of any local governmental subdivision or to prohibit any local governmental subdivision of the state from adopting ordinances regulating accessible parking which ordinances may provide for penalties and enforcement as deemed appropriate by the local governing authority. The governing authorities of local governmental subdivisions may adopt such ordinances pursuant to La. Rev. Stat. 32:41 or 42, La. Rev. Stat. 33:1236(28), any applicable provisions of a home rule charter, or any other applicable provision of law. Except as provided in La. Rev. Stat. 46:2583(A)(2), the provisions of local ordinances shall control in all aspects of enforcement of such ordinances.
Added by Acts 1977, No. 625, §1. Acts 1995, No. 573, §1; Acts 1995, No. 880, §1; Acts 1997, No. 278, §1, eff. June 17, 1997; Acts 1999, No. 1307, §2, eff. July 12, 1999; Acts 2001, No. 508, §1, eff. June 21, 2001; Acts 2011, No. 398, §1; Acts 2012, No. 38, §1; Acts 2013, No. 164, §1; Acts 2014, No. 811, §22, eff. June 23, 2014.