Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. Section 21 of chapter 40 of the General Laws, as appearing in the 1984 Official Edition, is hereby amended by striking out clause (23) and inserting in place thereof the following clause:- (23) For requiring that designated parking spaces for vehicles either owned and operated by disabled veterans or by handicapped persons and bearing the distinctive number plates authorized by section two of chapter ninety, or for vehicles transporting handicapped persons and displaying the special parking identification plate authorized by said section two of said chapter ninety, or for vehicles bearing the official identification of a handicapped person issued by any other state, be provided in public and private off-street parking areas.

(a) Any ordinance or by-law made hereunder shall require any person or body that has lawful control of a public or private way or of improved or enclosed property used as off-street parking areas for businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings, or for any other place where the public has a right of access as invitees or licensees, 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 distinguishing license plate authorized by said section two of said chapter ninety or for any vehicle transporting a handicapped person and displaying the special identification plate authorized by section two of chapter ninety or for any vehicle bearing the official identification of a handicapped person issued by any other state, according to the following formula:-

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 per cent 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.

(b) Parking spaces designated as reserved under the provisions of paragraph (a) 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"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be twelve feet wide or two eight-foot wide areas with four feet of cross hatch between them.

SECTION 2. Section 22 of said chapter 40, as so appearing, is hereby amended by striking out the second paragraph and inserting in place thereof the following paragraph:-

No penalty shall be imposed upon any disabled veteran or handicapped person, whose vehicle bears the distinctive number plates, or displays the special parking identification plate authorized by section two of chapter ninety or bears the official identification of a handicapped person issued by any other state, for parking such vehicle on any way for a longer period of time than permitted by said ordinances, by-laws, rules or orders.

SECTION 3. The first paragraph of section 22A of said chapter 40, as so appearing, is hereby amended by striking out the fourth sentence and inserting in place thereof the following sentence:- No fee shall be exacted and no penalty shall be imposed for the parking of any vehicle owned and driven by a disabled veteran or by a handicapped person and bearing the distinctive number plates authorized by section two of chapter ninety, or for any vehicle transporting a handicapped person and displaying the special parking identification plate authorized by said section two of said chapter ninety or for any vehicle bearing the official identification of a handicapped person issued by any other state.

SECTION 4. The second paragraph of section 22A of said chapter 40, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following two sentences:- Any city or town acting under this section may further regulate the parking of vehicles on ways within its said control by restricting certain areas thereon for the parking of any vehicle owned and driven by a disabled veteran or handicapped person whose vehicle bears the distinctive number plates authorized by section two of chapter ninety or for any vehicle transporting a handicapped person and displaying the special parking identification plate authorized by said section two of said chapter ninety, or for any vehicle bearing the official identification of a handicapped person issued by any other state, or by prohibiting the parking or standing of any vehicles in such a manner as to obstruct any curb ramp designed for use by handicapped persons. Parking spaces designated as reserved under the provisions of this paragraph shall be identified by the use of above grade blue 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"; shall be as near as possible to a building entrance or walkway; shall be adjacent to curb ramps or other unobstructed methods permitting sidewalk access to a handicapped person; and shall be twelve feet wide or two eight-foot wide areas with four feet of cross hatch between them. SECTION 5. Section 22D of said chapter 40, as so appearing, is hereby amended by striking out the first sentence and inserting in place thereof the following sentence:- In a city or town which accepts this section, as hereinafter provided, the city council or board of selectmen, or if, in any city or town, some other board or commission is empowered to establish traffic regulations, such other board or commission, may adopt, amend, alter or repeal rules and regulations, with such limitations, if any, as may be deemed proper, authorizing the chief officer of the police department or such sergeants or other officers of higher rank in the police department as he may from time to time designate, to 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, by-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 as means of egress to a street or public way, 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 license plate, or displays the special parking identification plate authorized by section two of chapter ninety, or bears the official identification of a handicapped person issued by any other state, or to impede in any way the removal or plowing of snow or ice or in violation of any rule or regulation which prohibits the parking or standing of all vehicles on such ways or portions thereof at such time and recites that whoever violates it shall be liable to charges for the removal and storage of the vehicles as well as subject to punishment by fine.

SECTION 6. The sixth paragraph of section 2 of chapter 90 of the General Laws, as so appearing, is hereby amended by striking out the third sentence.

SECTION 7. Said section 2 of said chapter 90, as so appearing, is hereby further amended by inserting after the sixth paragraph the following paragraph:-

The registrar may furnish plates displaying the "International Symbol of Access" for a pleasure passenger vehicle owned or leased by and used by a blind person or a person who has suffered the loss or permanent loss of use of one or both feet, or of one or both hands, and the medical advisory board as established by section eight C, may determine such other standards of disability and handicap and of qualification for the issuance of said plates as said board deems proper. The registrar may also furnish a special parking identification plate bearing the "International Symbol of Access" to any person who meets the eligibility requirements for handicapped plates prescribed herein. Said parking identification plate shall be of such size and design as the registrar shall require and shall be numbered and contain the name and a photograph of the person to whom such plate is issued, and shall verify that such person is handicapped and eligible to receive such plate. When used by the bearer, said plate shall be displayed so as to be visible through the left portion of the windshield of a private passenger motor vehicle, and shall be for the exclusive use of the bearer while being transported in said vehicle. Use of the card by any person other than the bearer shall be cause for revocation. Anyone who wrongfully displays a special parking identification plate in a motor vehicle shall be subject to a fine of one hundred dollars. At no time shall the registrar issue to any person both plates displaying the "International Symbol of Access" and a special parking identification plate prescribed herein.