Legal Question in Traffic Law in North Dakota
Handicap Parking
The local Target in Fargo, ND has diagonal parking. The handicap parking signs are bolted to both sides of a pol in the ground. There is a parking space that it not painted blue and does not have any extra space for unloading or loading on the side. There is a sign but it is meant for the spot on the opposite side. Will I get a ticket for parking there if there is a sign, but it is not painted blue and there is not extra space for the spot?
1 Answer from Attorneys
Re: Handicap Parking
That was a great question, I had to look up the law and I also talked to the city prosecutor, Tristan Van de Streek, about it. I have posted the North Dakota law below that controls handicapped parking.
The short answer is that you will not be ticketed because handicapped parking spaces must be double marked. Meaning that there must be a sign and blue lines to properly designate the handicapped space.
39-01-15
Whenever any public or private entity designates parking spaces for use by motor vehicles operated by mobility-impaired persons, those reserved spaces must comply
with the requirements of the Americans with Disabilities Accessibility Guidelines for
Buildings and Facilities as contained in the appendix to title 28, Code of Federal
Regulations, part 36 [28 CFR 36] and must be indicated by blue paint on the curb or
edge of the paved portion of the street or parking lot adjacent to the space. In
addition to blue paint, each reserved space must be indicated by an official sign
approved by the director bearing the internationally accepted symbol of access for
the mobility impaired. The sign must indicate that unauthorized use of the space is
a nonmoving violation for which a fee of one hundred dollars must be imposed. For
particular events, a public or a private entity may reserve additional parking spaces
for use by motor vehicles operated by mobility-impaired persons. In that case, each
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temporarily reserved space must be indicated by a sign or other suitable means. A
sign indicating that a space is reserved for the mobility impaired and blue paint on
the curb or edge of the paved portion of the street or parking lot adjacent to the
space, unless the space is a temporary mobility-impaired parking space, is sufficient
basis for the enforcement of this section. A law enforcement officer shall enforce
this section in any parking lot or parking facility, whether publicly or privately owned.