§ 13-333. Parking spaces reserved for persons with disabilities that limit or impair their ability to walk.

(a)

All publicly-owned parking areas and all privately owned parking areas open to the public, in all subdivisions and other commercial, industrial developments in the unincorporated areas of the county, for which building permits were issued prior to September 1, 1975, may voluntarily provide disabled parking spaces, provided that such spaces, and the signage therefor, comply with the standards and provisions of section 13-334 of the Code of Prince William County and the Virginia Uniform Statewide Building Code, as amended.

(b)

With the exception of the foregoing parking areas, disabled parking spaces and the signage therefor shall be provided in accordance with the standards and provisions of section 13-334 of this Code and the Virginia Uniform Statewide Building Code, as amended, for all public parking areas and privately owned parking areas open to the public, in all subdivisions and other commercial, industrial and residential developments in the unincorporated areas of the county including those completed to date, those presently under construction, and those constructed in the future, except for developments expressly exempt from the disabled parking space requirement under the Virginia Uniform Statewide Building Code, as amended.

(c)

For the purposes of this section, a space reserved for persons with disabilities which limit or impair their ability to walk shall be marked by an erected, above-grade sign indicating that the parking space is reserved for persons with disabilities which limit or impair their ability to walk. Such erected, above-grade signs shall conform to the standards set forth in the American National Standard Specifications, ANSI A117.1-1980, as amended, as incorporated in the Virginia Uniform Statewide Building Code, as amended.

(d)

Failure to comply with the foregoing subsections shall constitute a misdemeanor and be prosecuted as a violation of the Virginia Uniform Statewide Building Code, as amended.

(e)

It shall be unlawful for a vehicle not displaying disabled parking license plates, an organizational removable windshield placard, a permanent removable windshield placard, or a temporary removable windshield placard issued under Code of Virginia, § 46.2-1241, or DV disabled parking license plates issued under Code of Virginia, § 46.2-739(B), to be parked in a parking space reserved for persons with disabilities that limit or impair their ability to work or for a person who is not limited or impaired in his ability to walk to park a vehicle in a parking space so designated except when transporting a person with such a disability in the vehicle.

(f)

Organizational removable windshield placards, permanent removable windshield placards, and temporary removable windshield placards shall be displayed in such a manner that they may be viewed from the front and rear of the vehicle and be hanging from the rearview mirror of a vehicle utilizing a parking space reserved for persons with disabilities that limit or impair their ability to walk. When there is no rearview mirror, the placard shall be displayed on the vehicle's dashboard. No placard shall be displayed from the rearview mirror while the vehicle is in motion.

(g)

For purposes of this section, a person with a disability which limits or impairs his or her ability to walk means a person who, as determined by a licensed physician: (i) cannot walk 200 feet without stopping to rest; (ii) cannot walk without the use of or assistance from a brace, cane, crutch, another person, prosthetic device, wheelchair, or other assistive device; (iii) is restricted by lung disease to such an extent that his or her forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 millimeters of mercury on room air at rest; (iv) uses portable oxygen; (v) has a cardiac condition to the extent that his or her functional limitations are classified in severity as class III or class IV according to standards set by the American Heart Association; (vi) is severely limited in his or her ability to walk due to an arthritic, neurological or orthopedic condition; or (vii) has some other debilitating condition that, in the view of a licensed physician, limits or impairs his or her ability to walk.

(h)

Upon the entry of a conviction under this section, involving the misuse of the privilege pertaining to vehicles displaying a license plate or placard issued pursuant to Code of Virginia, § 46.2-731, the court shall send notice of the conviction and of the number of the license plate or placard involved to the commissioner of the Virginia Division of Motor Vehicles, who may revoke the license plate or placard if he finds, after a hearing if requested by the person to whom the license plate or placard is issued, that such person (i) is not a person with a disability that limits or impairs his ability to walk and is not otherwise eligible to be issued a license plate or a placard pursuant to Code of Virginia, § 46.2-731, 46.2-739, or 46.2-1241, or (ii) is authorized to have such license plate or placard but allowed the abuse or misuse of the privilege granted thereby so that revocation appears appropriate to remedy the abuse or misuse

(Ord. No. 78-45-19, 12-19-78; Ord. No. 83-57, 1-18-83; Ord. No. 83-603, 7-5-83; Ord. No. 85-67, 6-18-85; Ord. No. 92-61, 6-23-92; 94-40, 6-28-94; Ord. No. 95-104, 11-21-95; Ord. No. 97-59, 6-17-97, effective 7-1-97)

State Law reference— Similar provisions, Code of Virginia, §§ 36-99.11, 46.2-1240, 46.2-1242, 46.2-1256.

(Ord. No. 78-45-19, 12-19-78; Ord. No. 83-57, 1-18-83; Ord. No. 83-603, 7-5-83; Ord. No. 85-67, 6-18-85; Ord. No. 92-61, 6-23-92; 94-40, 6-28-94; Ord. No. 95-104, 11-21-95; Ord. No. 97-59, 6-17-97, effective 7-1-97)

State law reference

Similar provisions, Code of Virginia, §§ 36-99.11, 46.2-1240, 46.2-1242, 46.2-1256.