Legal Documents of Kingston

There is hereby established the following practices for regulating reserved parking for handicapped persons.

1. The city is hereby authorized to designate, by the installation of appropriate signs, parking spaces for the exclusive use of handicapped persons in those areas where a significant demand for parking by such handicapped persons may exist upon city-owned property or upon public streets, alleys and travel ways within the city.

   Any business, firm, or other person transacting business with the public from a permanent location may provide specially marked parking spaces upon private property for the exclusive use of persons qualifying for the rights and privileges extended to handicapped persons by this section.

   Each such parking space so designated in accordance with the provisions of this section, either on public or private property, shall be marked and maintained with the stylized wheel chair symbol designated by Tennessee Code Annotated, § 55-21-104. Provided, however, nonconforming markings or signs shall be acceptable during the useful life of such markings or signs which may not be extended by other than normal maintenance so long as such marking or signs provide reasonable notice of the specially marked parking spaces.

2. It shall be unlawful for any person, except a handicapped driver who meets the requirements for the issuance of a distinguishing placard or license plates, disabled veteran's license plate or distress flag or card as provided in Tennessee Code Annotated, § 55-21-101, et seq., and who displays said distinguishing license plate, placard or card or for any person transporting a handicapped person by vehicle designated for the transportation of handicapped persons, to park in any parking space designated with the wheelchair disabled sign.
3. It shall be unlawful for any person operating a vehicle bearing the universal access symbol, to-wit: the blue and white wheelchair disabled sign, to park in any space designated for handicapped drivers and for vehicles designated for the transportation of handicapped persons except when actually engaged in the transportation of handicapped persons as defined in this section.
4. Definitions.
   1. "Handicapped driver." For the purposes of this section, a handicapped driver is one who is disabled by paraplegia, amputation of leg, foot or both hands, or is disabled by loss of use of a leg, foot or both hands, or other conditions, certified to by a physician duly licensed to practice medicine, resulting in an equal degree of disability (specifying the particular condition) so as not to be able to get about without great difficulty, including impairments that, regardless of cause or manifestation, confine such person to a wheelchair or cause such person to walk with difficulty or insecurity and the term includes but is not limited to those persons using braces or crutches, arthritics, spastics and those with pulmonary or cardiac ills who may be semi-ambulatory. For the purpose of this section, a handicapped driver shall also include the owner of a motor vehicle which owner has vision of not more than 20/200 with correcting glasses.
   2. "Vehicles designated for transportation of handicapped persons." Any vehicle bearing the universal symbol of access, to-wit: the blue and white wheelchair disabled sign, being used to chauffeur or otherwise transport handicapped persons, is a vehicle designated for transportation of handicapped persons. Said handicapped persons, for the purposes of this section, are persons who are handicapped to the same degree of physical disability or impairment as a handicapped driver as defined in subsection (a) above.
5. Any person violating any provisions of this section shall be guilty of an offense and, upon conviction, shall pay a penalty of not more than fifty dollars ($50.00) for each offense. (2009 Code, § 15-607)