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SECTION 11.29 HANDICAPPED AND DISABLED VETERAN'S PARKING

A. Designated parking spaces for vehicles owned and operated by disabled veterans or by handicapped persons and bearing the distinctive license plate authorized by Chapter 90, Section 2 of the Massachusetts General Laws must be provided in public and private off-street parking areas in the City of Malden.

B. Any person or entity that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for business, shopping centers, residential dwellings, or for any other place where the public has a right of access as invitees or licensees, is required to reserve parking spaces in said off-street parking areas for any vehicle owned and operated by a disabled veteran or handicapped person whose vehicle bears the appropriate, authorized license plate.

C. The formula for deciding how many spaces should be distinguished for handicapped parking is as follows:

If the number of parking spaces in any such area is more than fifteen but not more than twenty-five, one parking space; more than twenty-five but not more than forty, five per cent of such spaces but not less than two; more than forty but not more than one hundred, four per cent of such spaces but not less than three; more than one hundred but not more than two hundred, three per cent of such spaces but not less than four; more than two hundred but not more than five hundred, two per cent of such spaces but not less than six; more than five hundred but not more than one thousand, one and one-half per cent of such spaces but not less than ten; more than one thousand but not more than two thousand, one percent of such spaces but not less than fifteen; more than two thousand but less than five thousand, three-fourths of one per cent of such spaces but not less than twenty; and more than five thousand, one-half of one per cent of such spaces but not less than thirty.

D. Parking spaces designated as so reserved shall be identified by the use of above grade signs with white lettering against a blue background and shall bear the words "Handicapped Parking: Special Plate Required, Unauthorized Vehicles May Be Removed At Owner's Expense", or such other suitable sign or designation as the Malden Traffic Commission deems appropriate. Parking spaces shall be as near as possible to a building entrance or walkway.Such spaces shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person.

E. Parking spaces shall be twelve feet wide or two eight-foot wide areas with four feet of cross hatch between them; or such other dimensions as the Malden Traffic Commission deems appropriate. Leaving unauthorized vehicles within parking spaces designated for use by disabled veterans or handicapped persons is prohibited. The obstruction of a curb ramp designed for use by handicapped persons as a means of egress to a street or public way is prohibited.

F. The penalty for violation of this ordinance shall be as follows: for the first offense, fifteen ($15.00) dollars; for the second offense, twenty-five ($25.00) dollars; and for each subsequent offense, the vehicle may be removed in accordance with Chapter 266 Section 120D of the Massachusetts General Laws. These penalties may be amended by the Malden Traffic Commission in accordance with their rules and regulations.

G. The Chief of Police or a designee, shall remove, to some convenient place through the agency of a person or persons in the employ of the Police Department or by an independent contractor selected in accordance with law, or ordinance, on the basis of competitive bids, any vehicle parked or standing on any part of any way under the control of the municipality in such a manner as to obstruct any curb ramp designed for use by handicapped persons, or to occupy or obstruct any parking space reserved for a vehicle used by a disabled veteran or handicapped person whose vehicle bears the distinguishing, authorized license plates.

Whoever violates this ordinance shall be liable to charges for the removal and storage of the vehicles as well as subject to punishment by fine.