H. B. 4536

(By Delegate Warner)

[Passed March 11, 2000; in effect ninety days from passage.]

AN ACT to amend and reenact section three, article thirteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to prohibiting placing of vehicle in wheelchair accessible area marked with blue paint.

Be it enacted by the Legislature of West Virginia:
That section three, article thirteen, chapter seventeen-c of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted to read as follows:

§17C-13-3. Stopping, standing or parking prohibited in specified places; penalty.

(a) No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance with law or the directions of a police officer or traffic-control device, in any of the following places:
(1) On a sidewalk;
(2) In front of a public or private driveway;
(3) Within an intersection;
(4) Within fifteen feet of a fire hydrant;
(5) In a properly designated fire lane;
(6) On a crosswalk;
(7) Within twenty feet of a crosswalk at an intersection;
(8) Within thirty feet upon the approach to any flashing beacon, stop sign or traffic-control signal located at the side of a roadway;
(9) Between a safety zone and the adjacent curb or within thirty feet of points on the curb immediately opposite the ends of a safety zone, unless a different length is indicated by signs or markings;
(10) Within fifty feet of the nearest rail of a railroad crossing;
(11) Within twenty feet of the driveway entrance to any fire station and on the side of a street opposite the entrance to any fire station within seventy-five feet of the entrance (when properly signposted);
(12) Alongside or opposite any street excavation or obstruction when stopping, standing or parking would obstruct traffic;
(13) On the roadway side of any vehicle stopped or parked at the edge or curb of a street;
(14) On any bridge or other elevated structure on a highway or within a highway tunnel;
(15) At any place where official signs prohibit stopping;
(16) Within twenty feet of any mail receptacle served regularly by a carrier using a motor vehicle for daily deliveries, if the parking interferes with or causes delay in the carrier's schedule;
(17) On any controlled-access highway;
(18) At any place on any highway where the safety and convenience of the traveling public is thereby endangered;
(19) In front of a wheelchair accessible ramp or curb cut which is part of a sidewalk designed for use by the general public when the ramp or curb cut is properly marked with blue paint.
(b) No person shall move a vehicle not lawfully under his or her control into any prohibited area or away from a curb such distance as is unlawful.
(c) Any person violating the provisions of this section is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than one hundred dollars; upon a second conviction within one year thereafter, shall be fined not more than two hundred dollars; and upon a third or subsequent conviction, shall be fined not more than five hundred dollars.