Handicapped Spot Requirements

[Zechariah]

Baton Rouge, LA

I got a ticket for parking in a handicapped spot in front of my apartment. Here's the problem: the spot doesn't have the little blue guy, a sign out front, or even a load zone adjacent to it. Every other HC spot in my complex has one of these. The only thing making this spot look handicapped is having a faded blue line on either side. Think I can get out of this?

Zechariah Brewer
[email protected]

 

[IAAL-4]

Baton Rouge, LA

I got a ticket for parking in a handicapped spot in front of my apartment. Here's the problem: the spot doesn't have the little blue guy, a sign out front, or even a load zone adjacent to it. Every other HC spot in my complex has one of these. The only thing making this spot look handicapped is having a faded blue line on either side. Think I can get out of this?

Zechariah Brewer
[email protected]

My response:

Nope. The blue lines are all that are required to place you on notice.


IAAL

 

[tigger22472]

Baton Rouge, LA

I got a ticket for parking in a handicapped spot in front of my apartment. Here's the problem: the spot doesn't have the little blue guy, a sign out front, or even a load zone adjacent to it. Every other HC spot in my complex has one of these. The only thing making this spot look handicapped is having a faded blue line on either side. Think I can get out of this?

Zechariah Brewer
[email protected]

Not likely. For one seeing that you live in the dwelling you would have to prove you didn't know it was a handicap spot. Secondly, no sign is required in most areas to prevent liability.

 

[justalayman]

Not likely. For one seeing that you live in the dwelling you would have to prove you didn't know it was a handicap spot. Secondly, no sign is required in most areas to prevent liability.

What do you mean by "most areas". Would that mean most areas of the state involved or most areas of the country or,,,,,?

There are states that require a sign be posted to make it properly designated as a handicap parking spot.

I have found nothing in the Louisiana statutes (yet) as to requirements but I did find a site that stated the requirements are those in the ADA Standards. In the ADA standards it is mentioned that a sign is to be placed at the parking spot.

So to the OP, don;t hold your breath but there may be hope for you yet.

from the ADA site:

4.6.4* Signage. Accessible parking spaces shall be designated as reserved by a sign showing the symbol of accessibility (see 4.30.7). Spaces complying with 4.1.2(5)(b) shall have an additional sign "Van-Accessible" mounted below the symbol of accessibility. Such signs shall be located so they cannot be obscured by a vehicle parked in the space.

 

[Miss Smith]

Well Color me White and dip a Buffalo wing in me

Blue lines if they are faded are still blue lines. I hope you do not get out of this. My hair has faded and my eye color has faded But I am Still Miss Smith from Portland Oregon, and I defy anyone to try to get out of proving that.
I do not drive anymore, not since that handsome policeman in 1947 took away my license. ( I wonder where he is now?) But I still would respect those blue lines.

Speaking of handsome men in uniform, the postman cometh. I need to find my teeth and find some lipstick. I just realize I am looking a little faded. I hope my silly cat Georgia didn't lick all the color out of my favorite Avon color: "Kiss me Quick Pink".

Georgia, Kitties... Here Kitty Kitty Kitties.

 

[justalayman]

Blue lines if they are faded are still blue lines. I hope you do not get out of this. My hair has faded and my eye color has faded But I am Still Miss Smith from Portland Oregon, and I defy anyone to try to get out of proving that.
I do not drive anymore, not since that handsome policeman in 1947 took away my license. ( I wonder where he is now?) But I still would respect those blue lines.

Speaking of handsome men in uniform, the postman cometh. I need to find my teeth and find some lipstick. I just realize I am looking a little faded. I hope my silly cat Georgia didn't lick all the color out of my favorite Avon color: "Kiss me Quick Pink".

Georgia, Kitties... Here Kitty Kitty Kitties.

Ok Miss Smith, riddle me this. If a parking space was once designated as handicap accessable, then the blue lines were covered over with the stuff the parking lot painters ose to do things like that, and the signage was removed. Through time, some of the black wears off and the blue line now appears as a faded blue line. Is this then now again a designated handicap space again.

Now this is a question that I have regarding this situation.
In general, do municipalities require a "lot plan" to be approved, including where and how many spaces are to be handicap spaces?

 

[Miss Smith]

Well color me purple and I will hold my breath

Mr. Layman fellow, this person did not say where the other Handicapped spaces were or how large his apartment complex was. Nor did he say how lazy his landlord or his landlord's groundskeeper was. There are such ordinances and there are such rules as to how many spaces to be designated per apartment per spot. There are a lot of reasons why this could or could not have been a handicapped space.
I do not know Louisianna law nor do I wish too. I am scared of alligators as one tried to eat my cat Steppy one time and it carried over to me.( We are telepathic that way)

Because I am an ornery old lady that could beat you around the knees with my cane for looking at me weird ( but I wouldn't because you seem such a nice fellow) I am argueing the fact that this person parked there seeing the blue, ( Like I see red when I hear of this kind of thing, do you understand young fellow) The prudent and wise thing would to be to park somewhere else, just in CASE. Maybe they could inquire at a later time and then they would not be facing a ticket.

So thank you for your question. I need to go through my mail now to see if I finally got a letter from my Mr. Potter.

 

[justalayman]

That is why I posed my question. There may be an approved lot plan that designated this a a non-handicap spot. That is why I believe the La statute is critical to the OP's predicament as well. If signage is required, then without it, it is not an official handicap parking spot.

As far as gator goes; if you are quick enough and can grab them by the snout, they do not have the necessary muscular strength to overcome their mouths being held closed by an average person.

Once you get them like this, the kitties can then go in for the kill and before you know it, you have blackened gator for dinner. Good eating. Yummy stuff.

 

[Miss Smith]

Well color black and stick a fork in me

Well Mr. Justalayman fellow, I am sure you have given this Zechariah fellow some points to ponder and a lead in the right direction if he means to do some research on those points.

You have also given me a great idea if we happen to encounter another one of those alligators in the park. I hope to have at least 14 of my cats with me but I do not think I will partake of the meal, but perhaps I could invite the mail-man to that un-orthodox spread. He might start paying attention to me instead of running the other way.

Thank you for the sort of debate and it was a pleasure writing to you. ( You don't wear a uniform do you? Golly you are probably married anyway, just like that wonderful Carl the Cop, sigh. He is so nice.

Gotta find my wig, this scarf I bought is pure wool, I think it was a kilt in its former life but the cats got to it and I got the remnants, but it is doing some strange things to my scalp, I must take it off and find a wig to wear. Maybe, yes. my Dolly Parton special. I feel perky.

 

[Zechariah]

It's a question of ambiguity

Look, I know it looks bad from my behalf, but all I'm saying is it's never been clear in the two years I've been there. Only this last month have they started doing anything about it. Yes, there are people with legal tags who park in the area, i'm not arguing that; all I'm saying is if they want to let us know it's a handicapped spot, they oughta say something. Otherwise, it's something like entrapment, isn't it?

Oh, and the alligators don't crawl up the side of the concrete drainage canals out here...you'll be safe here.

 

[Miss Smith]

Well color me sparkley and put me on a vegas billboard

Well Mr Zechariah, if they JUSt started doing something about it, then someone has complained. Or mayhaps someone has a new management in your complex that likes to go by the book.

I cannot say that I have always gone by the book in my many years, but I hold by this one.
But if you want to do your research and find out if what that nice Mr Justalayman was giving you some hints on, you might not have to pay that ticket. Sometimes they have big dollar signs all over them BIG.

Speaking of Big, I think I need to put Atlas on a diet, he just broke my new ( well it is an antique but it was new to me) Chair! I told him to stop jumping on it like that.

I have to punish him. NO MORE TWINKIES!

Thank you for the information about the alligators, but I will not be going south for awhile, i hear you have some big bugs down there and well, Atlas likes bugs too and he is now on a diet.
GET AWAY FROM THE DING-DONGS ATLAS. But you do have nice people down yonder and good music.

Oh-kay I gotta protect the cheese doodles, I need reinforcements..
Here kitty kitty KITTIES... NOt YOU ATLAS!

 

[justalayman]

I think I have it. While the statute does not specifically state a sign is required, it does state that ADA regs will be followed. I already have posted the germaine ADA rules.

Louisiana RS 40:1742
§1742. Parking spaces for certain disabled persons

A.(1) Each state agency and political subdivision having jurisdiction over street parking or a government facility and each owner or lessee of a public facility shall, in accordance with applicable zoning and building codes, provide and maintain a minimum number of specially designed and marked motor vehicle parking spaces for the exclusive use of persons whose vehicles are identified by license plates, hang tags, or special parking cards for the mobility impaired issued pursuant to R.S. 47:463.4 or 463.4.1. The mobility impaired parking spaces shall adhere to the ADAAG specifications and shall include mobility-impaired loading and unloading areas, access aisles, access ramps, and curb cuts. The minimum number of such parking spaces shall be as established by ADAAG. Public facility, as the term is used in this Section, shall be as defined in R.S. 40:1732, and shall include private property which is open to the public and to which the public is invited for commercial or governmental purposes.

So based on this, no sign, no ticket. I think.