IC
5-16-9
Chapter 9. Parking Facilities for Persons with Physical Disabilities
IC 5-16-9-1
Definitions
Sec. 1. (a) The definitions in this section apply throughout this
chapter.
(b) "Accessible parking space" refers to a parking space
that conforms with the standards of section 4 of this chapter.
(c) "Motor vehicle" has the meaning set forth in IC
9-13-2-105.
(d) "Parking facility" means any facility or combination
of facilities for motor vehicle parking which contains parking
spaces for the public.
(e) "Person with a physical disability" means a person
who has been issued a placard under IC 9-14-5 or a person with
a disability registration plate for a motor vehicle by the bureau
of motor vehicles under IC 9-18-22.
(f) "Public agency" means:
(1) the state of Indiana, its departments, agencies, boards, commissions,
and institutions, including state educational institutions (as
defined under IC 20-12-0.5-1); and (2) a county, city, town, township,
school or conservancy district, other governmental unit or district,
or any department, board, or other subdivision of the unit of
government.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,
SEC.1; P.L.37-1984, SEC.1; P.L.71-1987, SEC.1; P.L.2-1991, SEC.30;
P.L.23-1993, SEC.11; P.L.2-1995, SEC.16; P.L.42-1996, SEC.1.
IC 5-16-9-1.5
Application of chapter
Sec. 1.5. This chapter applies to a reserved accessible parking
space in a parking facility that is located on property that is
privately or publicly owned.
As added by P.L.59-1993, SEC.1. Amended by P.L.42-1996, SEC.2.
IC 5-16-9-1.6
Compliance with federal provisions
Sec. 1.6. Notwithstanding any requirement of this chapter, a person
who complies with:
(1) Title III of the Americans with Disabilities Act of 1990 (42
U.S.C. 12181); and
(2) the Americans with Disabilities Act Guidelines adopted by
the United States Department of Justice;
complies with this chapter.
As added by P.L.42-1996, SEC.3.
IC 5-16-9-2
Spaces reserved in parking facilities; requirements
Sec. 2. (a) Except as provided in subsection (d), each parking
facility that provides parking spaces for self-parking by employees
or visitors must have accessible parking spaces reserved according
to the following schedule:
| TOTAL
NUMBER OF MINIMUM NUMBER PARKING SPACES OF RESERVED IN FACILITY
SPACES |
| 1 to
25 |
1 |
| 26
to 50 |
2 |
| 51
to 75 |
3 |
| 76
to 100 |
4 |
| 101
to 150 |
5 |
| 151
to 200 |
6 |
| 201
to 300 |
7 |
| 301
to 400 |
8 |
| 401
to 500 |
9 |
| 501
to 1,000 |
2%
of total |
| over
1,000 |
20
plus 1 for each 100 spaces over 1,000 |
(b) A parking facility may provide accessible parking spaces in
a different location from other parking spaces if the location
of the accessible spaces results in equivalent or greater access
by the shortest accessible route of travel to an accessible entrance
of:
(1) a building, if the parking facility serves a specific building;
or
(2) the parking facility, if the parking facility does not serve
a specific building.
(c) This subsection applies to a building with more than one (1)
accessible entrance that has parking adjacent to the entrances.
Accessible parking spaces for a building described in this subsection
must be dispersed and located closest to the accessible entrances.
(d) This subsection applies to a facility that provides medical
care or other services for persons with mobility impairments.
A facility described in this subsection must provide accessible
parking spaces according to the following schedule:
(1) An outpatient facility or unit: Ten percent (10%) of the total
number of parking spaces serving the facility or unit must be
accessible parking spaces.
(2) A facility or unit that specializes in treatment or services
for persons with mobility impairments: Twenty percent (20%) of
the total number of parking spaces serving the facility or unit
must be accessible parking spaces.
(e) The reserved space or spaces under this chapter must be reserved
by posting immediately adjacent to and visible from the space
or spaces a vertical sign measuring at least forty-eight (48)
inches from the base of the sign, located in a manner that will
not be obscured by a vehicle parked in the space, and bearing
the following:
(1) The international symbol of accessibility.
(2) Letters and numbers that have a width to height ratio between
3:5 and 1:1 and a stroke width to height ratio between 1:5 and
1:10.
(3) Characters and numbers that are sized according to the distance
from which the characters and numbers are read, with the minimum
height measured by an uppercase "X". Lowercase characters
may be used.
(f) The characters and background of a sign required under subsection
(e) must be eggshell, matte, or another nonglare finish. Characters
and symbols used on a sign must contrast with the background color
of the sign.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,
SEC.2; P.L.37-1984, SEC.2; P.L.55-1985, SEC.1; P.L.72-1989,
SEC.1; P.L.23-1993, SEC.12; P.L.42-1996, SEC.4.
IC 5-16-9-3
Street parking spaces reserved adjacent to public agency or retail
shopping mall constructed with economic development income tax
derived revenue
Sec. 3. (a) If a public agency has no parking facility under its
jurisdiction or control available to private persons who desire
to conduct business with the public agency, the public agency
shall
direct the local authority having jurisdiction over the portion
of the streets which are adjacent to the facilities of the public
agency to reserve parking spaces for the use of persons with physical
disabilities.
(b) If a retail shopping mall is constructed in whole or in part
with revenue derived from a county economic development income
tax imposed under IC 6-3.5-7, the local authority having jurisdiction
over the portion of the streets adjacent to the retail shopping
mall shall reserve parking spaces for the use of persons with
physical disabilities.
As added by Acts 1979, P.L.44, SEC.1. Amended by
P.L.380-1987(ss), SEC.4; P.L.23-1993, SEC.13.
IC 5-16-9-4
Specifications of parking spaces and access facilities
Sec. 4. (a) Except as provided in subsection (b), the size and
location of parking spaces required under this chapter must conform
to the following standards:
(1) An accessible parking space must be at least ninety-six (96)
inches wide.
(2) An access aisle adjacent to an accessible parking space must
be at least sixty (60) inches wide and may not be restricted by
a built-up curb ramp, planters, curbs, wheel stops, or any other
obstructions.
(3) Two (2) adjacent accessible parking spaces may share a common
access aisle.
(4) An access aisle:
(A) must be part of an accessible route to the building or facility;
and
(B) must either merge with the accessible route or have a curb
ramp to the accessible route that complies with the rules governing
curb ramps.
(5) An accessible parking space and an access aisle must have
a surface slope of not more than 1:50 (two percent (2%)) in all
directions.
(6) An accessible parking space and an access aisle must be designated
with blue lines.
(7) An accessible parking space and at least one (1) vehicle access
route to the accessible parking space must have a minimum vertical
clearance of at least ninety-eight (98) inches.
(b) A parking facility must designate at least one (1) accessible
parking space of every eight (8) accessible parking spaces as
a van accessible parking space. A van accessible parking space
must have an access aisle at least ninety-six (96) inches wide.
Notwithstanding section 2(c) of this chapter, a parking facility
may group all van accessible parking spaces in a single location.
(c) Notwithstanding subsection (b), a parking facility that:
(1) is in existence on June 30, 1996; and
(2) conforms to the specifications for the size and location of
parking spaces under this section as the specifications were in
effect on June 30, 1996; is not required to conform with subsection
(b) until the first time the parking facility is resurfaced or
restriped after June 30, 1996.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.245-1987,
SEC.6; P.L.59-1993, SEC.2; P.L.42-1996, SEC.5. 
IC
5-16-9-5
Violations; Class C infraction and Class C misdemeanor
Sec. 5. (a) Any person who parks a motor vehicle which does not
have displayed a placard of a person with a physical disability
or a disabled veteran, issued under IC 9-14-5 or under the laws
of another state, or a registration plate of a person with a physical
disability or a disabled veteran, issued under IC 9-18-18, IC
9-18-22, or under the laws of another state, in a parking space
reserved under this chapter for a vehicle of a person with a physical
disability commits a Class C infraction.
(b) Any person who knowingly parks in a parking space reserved
for a person with a physical disability while displaying a placard
to which neither the person nor the person's passenger is entitled
commits a Class C infraction.
(c) Any person who displays for use in parking in a parking space
reserved for a person with a physical disability a placard or
a special license plate that was not issued under IC 9-14-5, IC
9-18-18, IC 9-18-22, or under the laws of another state commits
a Class C misdemeanor.
(d) A person who, in a parking space reserved for a person with
a physical disability, parks a vehicle that displays a placard
or special registration plate entitling a person to park in a
parking space reserved for a person with a physical disability
commits a Class C infraction if that person is not, at that time,
in the process of transporting a person with a physical disability
or disabled veteran.
(e) Notwithstanding IC 34-28-5-4(c), a civil judgment of not less
than fifty dollars ($50) must be imposed for an infraction committed
in violation of this section.
As added by Acts 1979, P.L.44, SEC.1. Amended by P.L.58-1983,
SEC.3; P.L.37-1984, SEC.3; P.L.55-1985, SEC.2; P.L.71-1987,
SEC.2; P.L.72-1989, SEC.2; P.L.2-1991, SEC.31; P.L.23-1993,
SEC.14; P.L.2-1995, SEC.17; P.L.43-1996, SEC.1; P.L.1-1998,
SEC.72.
IC 5-16-9-6
Reserved
IC 5-16-9-7 Repealed
(Repealed by P.L.41-1987, SEC.22.)
IC 5-16-9-8
Owners or lessees of motor vehicles; violations; Class C infraction;
defenses
Sec. 8. (a) As used in this section, "owner" means a
person in whose name a motor vehicle is registered under:
(1) IC 9-18;
(2) the laws of another state; or
(3) the laws of a foreign country.
(b) As used in this section, "lessee" means a person
who has care, custody, or control of a motor vehicle under a written
agreement for the rental or lease of the motor vehicle for less
than sixty-one (61) days. The term does not include an employee
of the owner of the motor vehicle.
(c) An owner or lessee of a motor vehicle commits a Class C infraction
if the motor vehicle:
(1) is located in a parking space in a parking facility that is
marked under section 2 of this chapter as a parking space reserved
for a person with a physical disability; and
(2) does not display:
(A) an unexpired parking permit for a person with a physical disability
issued under IC 9-14-5;
(B) an unexpired disabled veteran's registration plate issued
under IC 9-18-18;
(C) an unexpired registration plate or decal for a person with
a physical disability issued under IC 9-18-22; or
(D) an unexpired parking permit for a person with a physical disability,
an unexpired disabled veteran's registration plate, or an unexpired
registration plate or decal for a person with a physical disability
issued under the laws of another state.
(d) It is a defense that IC 9-30-11-8 applies to the violation.
(e) It is a defense that the motor vehicle was the subject of
an offense described in IC 35-43-4 at the time of the violation
of this section.
(f) Notwithstanding IC 34-28-5-4(c), a civil judgment of not less
than fifty dollars ($50) must be imposed for an infraction committed
in violation of this section.
As added by P.L.71-1987, SEC.4. Amended by P.L.2-1991, SEC.32;
P.L.23-1993, SEC.15; P.L.2-1995, SEC.18; P.L.43-1996, SEC.2;
P.L.1-1998, SEC.73.
IC 5-16-9-9
Ordinances of counties, cities, or towns
Sec. 9. (a) This chapter does not prohibit a county, city, or
town from adopting and enforcing an ordinance that regulates standing
or parking of motor vehicles in a space reserved for a person
with a physical disability under section 2 of this chapter, IC
9-21-1-3, or IC 9-21-18-4.
(b) An ordinance described in subsection (a) may not conflict
with this chapter.
(c) An ordinance described in subsection (a) may not require a
person to obtain or display any permit, registration plate, or
registration decal to stand or park in a space reserved for a
person
with a physical disability under section 2 of this chapter, except
the following:
(1) A parking permit for a person with a physical disability issued
under IC 9-14-5.
(2) A disabled veteran's registration plate issued under IC 9-18-18.
(3) A registration plate or decal for a person with a physical
disability issued under IC 9-18-22.
(d) An ordinance described in subsection (a) must permit a motor
vehicle displaying an unexpired parking permit for a person with
a physical disability, an unexpired disabled veteran's registration
plate, or an unexpired registration plate or decal for a person
with a physical disability issued under the laws of another state
to stand or park in a space reserved for a person with a physical
disability but only when the vehicle is being used to transport
a person with a physical disability.
As added by P.L.71-1987, SEC.5. Amended by P.L.5-1988, SEC.40;
P.L.72-1989, SEC.3; P.L.2-1991, SEC.33; P.L.22-1991, SEC.3;
P.L.23-1993, SEC.16.
IC 5-16-9-10
Complaints; summons; forms
Sec. 10. (a) A person enforcing this chapter may issue a complaint
and summons for a violation of section 5 or 8 of this chapter
or an ordinance described in section 9 of this chapter on a form
other than the forms described in IC 9-30-3-6. However, the complaint
must comply with the Indiana Rules of Trial Procedure.
(b) A complaint and summons issued under subsection (a) must explain
the conditions described in IC 34-28-5-14 under which a court
may enter a judgment against the person named in the summons and
complaint without requiring the defendant to make a personal appearance
before the court.
As added by P.L.71-1987, SEC.6. Amended by P.L.1-1993, SEC.25;
P.L.43-1996, SEC.3; P.L.1-1998, SEC.74.
IC 5-16-9-11
Complaints; summons; volunteers
Sec. 11. (a) A law enforcement agency authorized to enforce:
(1) section 5 or 8 of this chapter; or
(2) an ordinance described in section 9 of this chapter; may appoint
volunteers to issue complaints and summonses for violations of
section 5 or 8 of this chapter or an ordinance described
in section 9 of this chapter.
(b) A volunteer appointed under this section must:
(1) be at least twenty-one (21) years of age;
(2) complete a course of instruction concerning the enforcement
of this chapter that is conducted by the appointing law enforcement
agency;
(3) after successfully completing the course of instruction, obtain
a certificate from the executive authority of the appointing law
enforcement agency; and
(4) satisfy any other qualifications established by the law enforcement
agency.
(c) The executive authority of a law enforcement agency that appoints
volunteers under this section shall file a copy of each certificate
issued under subsection (b)(3) with the prosecuting attorney having
jurisdiction over the area served by the law enforcement agency.
(d) A complaint and summons issued by a volunteer appointed under
this section has the same force and effect as a complaint and
summons issued by a law enforcement officer for the same violation.
(e) A volunteer appointed under this section does not have powers
of a law enforcement officer except those powers granted under
this section.
(f) The executive authority of a law enforcement authority that
appoints a volunteer under this section may, at any time, revoke
the certificate issued to the volunteer under subsection (b)(3).
If a certificate is revoked under this subsection:
(1) the executive authority shall notify the prosecuting attorney
where the certificate was filed under subsection (c) of the revocation;
and
(2) the volunteer's powers under this section terminate immediately
upon the revocation.
(g) A volunteer may not issue a complaint and summons upon private
property unless the law enforcement agency first receives permission
from the property owner or the property manager.
(h) A property owner is not liable for any property damage or
personal injury resulting from the actions of a volunteer in issuing
a complaint and summons.
As added by P.L.48-1997, SEC.1.
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