(REPRINTED WITH ADOPTED AMENDMENTS)

 

Senate Bill No. 374–Senator Jacobsen

 

March 16, 2001

____________

 

Referred to Committee on Transportation

 

SUMMARY—Revises provisions concerning duty to erect and maintain signs to designate parking spaces for use by handicapped persons. (BDR 43‑710)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: No.

 

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

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:

 

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

1-2    484.408  1.  Any parking space designated for the handicapped must

1-3  be indicated by a sign:

1-4    (a) Bearing the international symbol of access with or without the words

1-5  “Parking,” “Handicapped Parking,” “Handicapped Parking Only,” or

1-6  “Reserved for the Handicapped,” or any other word or combination of

1-7  words indicating that the space is designated for the handicapped;

1-8    (b) Stating “Minimum fine of $100 for use by others” or equivalent

1-9  words; and

1-10    (c) The bottom of which must be not less than 4 feet above the ground.

1-11    2.  In addition to the requirements of subsection 1, a parking space

1-12  designated for the handicapped which:

1-13    (a) Is designed for the exclusive use of a vehicle with a side-loading

1-14  wheelchair lift; and

1-15    (b) Is located in a parking lot with 60 or more parking

1-16  spaces,

1-17  must be indicated by a sign using a combination of words to state that the

1-18  space is for the exclusive use of a vehicle with a side-loading wheelchair

1-19  lift.

1-20    3.  If a parking space is designed for the use of a vehicle with a side-

1-21  loading wheelchair lift, the space which is immediately adjacent and

1-22  intended for use in the loading and unloading of a wheelchair into or out of

1-23  such a vehicle must be indicated by a sign:

2-1    (a) Stating “No Parking” or similar words which indicate that parking in

2-2  such a space is prohibited;

2-3    (b) Stating “Minimum fine of $100 for violation” or similar words

2-4  indicating that the minimum fine for parking in such a space is $100; and

2-5    (c) The bottom of which must not be less than 4 feet above the ground.

2-6    4.  An owner of private property upon which is located a parking

2-7  space described in subsection 1, 2 or 3 shall erect and maintain or cause

2-8  to be erected and maintained any sign required pursuant to subsection 1,

2-9  2 or 3, whichever is applicable. If a parking space described in

2-10  subsection 1, 2 or 3 is located on public property, the governmental entity

2-11  having control over that public property shall erect and maintain or

2-12  cause to be erected and maintained any sign required pursuant to

2-13  subsection 1, 2 or 3, whichever is applicable.

2-14    5.  A person shall not park a vehicle in a space designated for the

2-15  handicapped by a sign that meets the requirements of subsection 1, whether

2-16  on public or privately owned property, unless he is eligible to do so and the

2-17  vehicle displays:

2-18    (a) Special license plates issued pursuant to NRS 482.384;

2-19    (b) A special or temporary parking placard issued pursuant to NRS

2-20  482.384;

2-21    (c) A special or temporary parking sticker issued pursuant to NRS

2-22  482.384;

2-23    (d) Special license plates, a special or temporary parking sticker, or a

2-24  special or temporary parking placard displaying the international symbol of

2-25  access issued by another state or a foreign country; or

2-26    (e) Special license plates for a disabled veteran and a special parking

2-27  placard issued pursuant to NRS 482.384.

2-28    [5.] 6.  Except as otherwise provided in this subsection, a person shall

2-29  not park a vehicle in a space that is reserved for the exclusive use of a

2-30  vehicle with a side-loading wheelchair lift and is designated for the

2-31  handicapped by a sign that meets the requirements of subsection 2, whether

2-32  on public or privately owned property, unless:

2-33    (a) He is eligible to do so;

2-34    (b) The vehicle displays the special license plates or placard set forth in

2-35  subsection [4;] 5; and

2-36    (c) The vehicle is equipped with a side-loading wheelchair

2-37  lift.

2-38  A person who meets the requirements of paragraphs (a) and (b) may park a

2-39  vehicle that is not equipped with a side-loading wheelchair lift in such a

2-40  parking space if the space is in a parking lot with fewer than 60 parking

2-41  spaces.

2-42    [6.] 7.  A person shall not park in a space which:

2-43    (a) Is immediately adjacent to a space designed for use by a vehicle

2-44  with a side-loading wheelchair lift; and

2-45    (b) Is designated as a space in which parking is prohibited by a sign that

2-46  meets the requirements of subsection 3,

2-47  whether on public or privately owned property.

2-48    [7.] 8.  A person shall not use a plate, sticker or placard set forth in

2-49  subsection [4] 5 to park in a space designated for the handicapped unless

3-1  he is a person with a disability which limits or impairs the ability to walk, a

3-2  disabled veteran or the driver of a vehicle in which such a person is a

3-3  passenger.

3-4    [8.] 9.  A person who violates any [provision] of the provisions of

3-5  subsections 5 to 8, inclusive, of this section is guilty of a misdemeanor and

3-6  shall be punished:

3-7    (a) Upon the first offense, by a fine of $100.

3-8    (b) Upon the second offense, by a fine of $250 and not less than 8

3-9  hours, but not more than 50 hours, of community service.

3-10    (c) Upon the third or subsequent offense, by a fine of not less than $500,

3-11  but not more than $1,000 and not less than 25 hours, but not more than 100

3-12  hours, of community service.

3-13    Sec. 2.  The amendatory provisions of this act do not apply to offenses

3-14  committed before the effective date of this act.

3-15    Sec. 3.  This act becomes effective upon passage and approval.

 

3-16  H