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lwpat
lwpat, Attorney
Category: Legal
Satisfied Customers: 25387
Experience:  Actively practicing trial attorney
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Do I have a defense against a parking in a handicap space if

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Do I have a defense against a parking in a handicap space if the only markings were painted on the pavement and covered with snow. No eye level sinage was present and the unloading zone, ramp and adjacent handicap spot were not visible since there was 5 foot of snow plowed onto them? The ticket was in Ohio.

Sounds like an excellent defense to me, especially if you have a picture showing that the only markings are on the pavement.

 

 

Customer: replied 8 years ago.
I feel it is a god defense..I'm just not sure that there is legal basis for the defense. There is a city Ord. the states "All existing off street parking spaces and passenger loading zones that are subject to the Amer. W/ Disabilities Act of 1990....shall compluy with OAC 4101:2-5-2.......shall include AADAAG 4.6. I just don't know if the ADA applies to parking at a restaraunt..or if it requires existing parking to be retrofitted to the sinage requirements of ADAAG4.6.4

What you need to look at is the specific city ordinance that you are charged with. The statute number should be on the ticket.

 

I found where an elevated sign is required

 

e) Special parking locations and privileges for persons with disabilities that limit or impair the ability to walk, also known as handicapped parking spaces or disability parking spaces, shall be provided and designated by all political subdivisions and by the State and all agencies and instrumentalities thereof at all offices and facilities where parking is provided, whether owned, rented, or leased, and at all publicly owned parking garages. The locations shall be designated through the posting of an elevated sign, whether permanently affixed or movable, imprinted with the international symbol of access and shall be reasonably close to exits, entrances, elevators, and ramps. All elevated signs posted in accordance with this division and Ohio R.C. 3781.111(C) shall be mounted on a fixed or movable post, and the distance from the ground to the top edge of the sign shall measure five feet. If a new sign or a replacement sign designating a special parking location is posted on or after October 14, 1999, there also shall be affixed upon the surface of that sign or affixed next to the designating sign a notice that states the fine applicable for the offense of parking a motor vehicle in the special designated parking location if the motor vehicle is not legally entitled to be parked in that location.

 

http://www.amlegal.com/nxt/gateway.dll/Ohio/broadviewhts/partfour-trafficcode/titleeight-parking/chapter452parkinggenerally?f=templates$fn=altmain-nf.htm$q=%5Band%3Ahandicapped%20parking%5D%20$x=server$3.0#LPHit1

 

 

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