Senate Bill No. 374–Senator Jacobsen

 

CHAPTER..........

 

AN ACT relating to motor vehicles; revising provisions concerning the duty to erect and maintain signs to designate parking spaces for use by handicapped persons; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

   Section 1.  NRS 484.408 is hereby amended to read as follows:

   484.408  1.  Any parking space designated for the handicapped must

 be indicated by a sign:

   (a) Bearing the international symbol of access with or without the words

 “Parking,” “Handicapped Parking,” “Handicapped Parking Only,” or

 “Reserved for the Handicapped,” or any other word or combination of

 words indicating that the space is designated for the handicapped;

   (b) Stating “Minimum fine of $100 for use by others” or equivalent

 words; and

   (c) The bottom of which must be not less than 4 feet above the ground.

   2.  In addition to the requirements of subsection 1, a parking space

 designated for the handicapped which:

   (a) Is designed for the exclusive use of a vehicle with a side-loading

 wheelchair lift; and

   (b) Is located in a parking lot with 60 or more parking

spaces,

must be indicated by a sign using a combination of words to state that the

 space is for the exclusive use of a vehicle with a side-loading wheelchair

 lift.

   3.  If a parking space is designed for the use of a vehicle with a side

-loading wheelchair lift, the space which is immediately adjacent and

 intended for use in the loading and unloading of a wheelchair into or out

 of such a vehicle must be indicated by a sign:

   (a) Stating “No Parking” or similar words which indicate that parking in

 such a space is prohibited;

   (b) Stating “Minimum fine of $100 for violation” or similar words

 indicating that the minimum fine for parking in such a space is $100; and

   (c) The bottom of which must not be less than 4 feet above the ground.

   4.  An owner of private property upon which is located a parking

 space described in subsection 1, 2 or 3 shall erect and maintain or cause

 to be erected and maintained any sign required pursuant to subsection 1,

 2 or 3, whichever is applicable. If a parking space described in

 subsection 1, 2 or 3 is located on public property, the governmental

 entity having control over that public property shall erect and maintain

 or cause to be erected and maintained any sign required pursuant to

 subsection 1, 2 or 3, whichever is applicable.

   5.  A person shall not park a vehicle in a space designated for the

 handicapped by a sign that meets the requirements of subsection 1,

 whether on public or privately owned property, unless he is eligible to do

 so and the vehicle displays:

   (a) Special license plates issued pursuant to NRS 482.384;

   (b) A special or temporary parking placard issued pursuant to NRS

482.384;

   (c) A special or temporary parking sticker issued pursuant to NRS

 482.384;

   (d) Special license plates, a special or temporary parking sticker, or a

 special or temporary parking placard displaying the international symbol

 of access issued by another state or a foreign country; or

   (e) Special license plates for a disabled veteran and a special parking

 placard issued pursuant to NRS 482.384.

   [5.] 6.  Except as otherwise provided in this subsection, a person shall

 not park a vehicle in a space that is reserved for the exclusive use of a

 vehicle with a side-loading wheelchair lift and is designated for the

 handicapped by a sign that meets the requirements of subsection 2,

 whether on public or privately owned property, unless:

   (a) He is eligible to do so;

   (b) The vehicle displays the special license plates or placard set forth in

 subsection [4;] 5; and

   (c) The vehicle is equipped with a side-loading wheelchair

lift.

A person who meets the requirements of paragraphs (a) and (b) may park a

 vehicle that is not equipped with a side-loading wheelchair lift in such a

 parking space if the space is in a parking lot with fewer than 60 parking

 spaces.

   [6.] 7.  A person shall not park in a space which:

   (a) Is immediately adjacent to a space designed for use by a vehicle

 with a side-loading wheelchair lift; and

   (b) Is designated as a space in which parking is prohibited by a sign that

 meets the requirements of subsection 3,

whether on public or privately owned property.

   [7.] 8.  A person shall not use a plate, sticker or placard set forth in

 subsection [4] 5 to park in a space designated for the handicapped unless

 he is a person with a disability which limits or impairs the ability to walk,

 a disabled veteran or the driver of a vehicle in which such a person is a

 passenger.

   [8.] 9.  A person who violates any [provision] of the provisions of

 subsections 5 to 8, inclusive, of this section is guilty of a misdemeanor

 and shall be punished:

   (a) Upon the first offense, by a fine of $100.

   (b) Upon the second offense, by a fine of $250 and not less than 8

 hours, but not more than 50 hours, of community service.

   (c) Upon the third or subsequent offense, by a fine of not less than $500,

 but not more than $1,000 and not less than 25 hours, but not more than

 100 hours, of community service.

   Sec. 2.  The amendatory provisions of this act do not apply to offenses

 committed before the effective date of this act.

   Sec. 3.  This act becomes effective upon passage and approval.

 

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