CHAPTER 9. PARKING FACILITIES FOR PERSONS WITH PHYSICAL DISABILITIES
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; 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; P.L.2-2007, SEC.104.
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.