Legal question- can you get a handicapped parking ticket if you own the parking lot?

If you are the owner of an apartment building with on lot parking, handicapped spaces are required to be provided by law. If the owner parked in one of those spaces without a permit, and was ticketed, would the ticket stand up in Court? Can you be ticketed for parking on your own property?

In Virginia, the answer is yes. If the parking lot is open to the public roadway and the public is permitted to park there, you can get a ticket even if you own the property.

Logically, you should be liable for a ticket or other legal infraction. If the handicap space is required by law, and you park there as the owner, it could also be argued that if you’re not violating the law by parking in a handicap space without a permit then you’re guilty of not providing a handicap space where one is supposed to be. You’re screwed either way. :slight_smile:

I don’t think that there is enforcement for those spaces in private parking lots, so you will have to hope that no one calls on you. Otherwise, you’re good.

As far as I know, handicapped parking is the only one legally mandated or enforced. So feel free to park in those expectant mothers’ and veterans’ spots if you want. After all, you own the place.

I wouldn’t count on that if I were you…

I don’t know any details of handicapped parking law, but I suspect that they are only required in more-or-less public parking lots (e.g. customer parking for stores), and that municipal police have explicit authority to enforce handicapped parking laws (and basic “don’t drive crazy” laws) in these public spaces.

If you’ve got a couple parking spots out behind your barn on your property with ‘No Trespassing’ signs all over any possible access, then, yeah, there will be no parking enforcement back there. But there won’t be any requirements for handicapped parking spots, either.

Yeah, I was going to say, I don’t think the situation in the OP – the owner of an apartment building – necessitates handicapped parking. But I mentally replaced that with “owner of a restaurant”, which would.

In SE Michigan neighborhoods I frequent the handicap patrol roams through private business parking lots (like my work place) and writes people up for handicap parking violations. The handicap patrol in my area is made up of retired/handicapped police officers, so they are extra vigilant in enforcing the rules.

Of course you can be charged with violations of laws on your own property. For example if you murder someone in your home, you would still be charged with murder (unless self-defense).

Short answer - Disabled parking requirements are found at 28 CFR Part 36.

Longer answer - A disabled parking space is a disabled parking space is a disabled parking space. It doesn’t matter if you own the property and have disabled parking. You don’t get a freebie. You have to abide by the law like everyone else.

No, that is incorrect. Even employers with a company only lot must provide so many handicapped spaces, based upon various numbers.

I was ticketed for parking my own car in my own legally-owned, reserved, non-handicapped space in our condo parking lot.

The inspection had expired (was waiting for payday to get reinspected, and I take public transit for work), so I got a ticket. I wasn’t driving the car, of course, because it was out of inspection, so I noticed the ticket days later and called the local police station, where the conversation went something like this:

Me: Why was I ticketed?
P: Out of inspection, not driveable.
Me: Wasn’t driving.
P: Can’t park on a public street.
Me: Not a public street – privately owned space in private lot.
P: Owner must have called us to complain.
Me: I’m the owner. Isn’t it legal to store temporarily on my own property?
P: Oh, well, yeah…we shouldn’t have done that. What’s the ticket number, we’ll cancel it.
Me: xxxxx.
P: That’s more than X days old! We can’t cancel it now, you’ll have to pay it. Why didn’t you call it in the day you got it?
Me: Didn’t see it.
P: But it’s on the windshield, you can’t drive without seeing it!
Me: Not driving, remember?
P: Sucks to be you.

Some years back the church where I was attending was required to have x number of handicap parking spaces. But they decided to have X=5 spaces and painted the extra spaces. The church also had a food bank. On the day they were giving out food the police checked the lot and ticketed everyone in the handicap parking which happened to be right in front of the food bank. One workers explained it did not matter that they were not required to that many handicap spaces. But the officer’s answer was if they are marked in blue paint he is required to ticket. The officer’s advice was to paint the required spaces blue as the law required and the extra spaces a different color. So we had blue handicap parking spaces and green handicap spaces.

That’s surprising. If a disabled parking spot is clearly marked as such, regardless of color, it remains an official disabled parking spot, and the law applies. So if you are required to have a minimum of five spaces, but you designate six, all are legal and subject to the law. There are also requirements as to placement of the spaces so you cannot just “move” a space to make that area convenient for, say, a loading zone.

An official handicap parking space is defined by blue symbol. If it is not painted blue it does not meet the legal standard. 1st to state this was the officer ticketing the cars, and checking the head of the food bank checked the vehicle code to be sure.

Here’s a workaround that we use (we also own property with handicapped spaces & in California we can be ticketed for parking in the handicapped spots on our own property): create an “Owner’s parking” spot right next to the handicapped spot-you will be the only one allowed to park there :cool:

You would have to look at each state’s laws to be sure. In New Jersey only a handful of statutes in the motor vehicle code can be enforced on private property. Handicap parking is one of them.

That’s an important point. A lot of apartment complexes have “no trespassing” signs at the entrance of their lots, thus they are not open to the public.

I write a slew of parking tickets. But unless I’m specifically dispatched to a complaint (usually it’s for trespass parking) I don’t go into private, non-public access lots and write tickets.

Depend on the state and if it’s open to the public. If I read the statute correctly Wisconsin only would require you to if a tenant requested it:

346.503
f) *The owner or lessee of a parking facility which is ancillary to a building and restricted wholly or in part to use by tenants of the building shall, at the request of a physically disabled tenant, reserve a parking space in the facility as provided by pars. (b) and (c) for use by a motor vehicle used by the physically disabled tenant.
*

I don’t think the police want to deal with enforcement issues. They won’t know the owner’s car at all. What if a friend of the owner is ticketed? Can the owner then have the ticket dismissed claiming they were just using this other car that day? Who wants to waste time and effort on checking into this, getting tickets dismissed, etc.?

It’d be a mess to give owners an exception. Ticket them all and let God sort them out.

That is of course the Code of Federal Regulations. It’s pretty unlikely anyone is going to make a federal case out of someone parking in a handicapped spot (US Attorneys generally have bigger fish to fry). Now, this may set a minimum standard that states have to meet, especially on how many spots are required, etc. (I’m no ADA expert, feel free to correct me), but what actual powers a municipal cop has to ticket are going to be based on state laws (and to a much lesser degree local by-laws).