PETITION OF:

SECTION 1. Chapter 90 of the General Laws, as appearing in the 2002 Official Edition, is hereby amended by inserting after section 20A½ the following section: -

Section 20A¾ . (a) Any person, body 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 businesses, shopping malls, theaters, auditoriums, sporting or recreational facilities, cultural centers, residential dwellings, or of any other place where the public has a right of access as invitees or licensees, shall 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 2 of this chapter or for any vehicle transporting a handicapped person and displaying the special identification plate authorized by said section 2 or for any vehicle bearing the official identification of a handicapped person issued by any other state, or any Canadian Province, According to the following formula: -

If the number of parking spaces in any such area is more than 15 but not more than 25, 1 parking space; more than 25 but not more than 40, 5% of such spaces but not less than 2; more than 40 but not more than 100, 4 percent of such spaces but not less than 3; more than 100 but not more than 200, 3 percent of such spaces but not less than 4; more than 200 but not more than 1,000, 1.5 percent of such spaces but not less than 10; more than 1,000 but not more than 2,000, 1 percent of such spaces but not less than 15; more than 2,000 but less than 5,000, .075 percent of such spaces but not less than 20; and more than 5,000, .5 percent of such spaces but not less than 30.

(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 12 feet wide or shall consist of 2 areas, each of which is 8 feet wide, with 4 feet of cross hatch between them. The cross hatch area abutting a handicapped parking space shall, for the purposes of this section, be considered a handicapped parking space.

(c) No person shall leave an unauthorized vehicle within parking spaces, including the cross hatch areas, designated for use by disabled veterans or handicapped persons as authorized by paragraphs (a) and (b) of this section, or in such a manner as to obstruct a curb ramp designed for use by a handicapped person as a means of egress to a street or public way.

(d) The penalty for a violation of this section shall be not less than $100 nor more than $300 and shall provide for the removal of the vehicle in accordance with section 22D of Chapter 40. This penalty shall not be a surchargeable offense under section 113B of Chapter 175.