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Illegal Disabled Parking

Car parked in disabled parking spot outside a building.

Things to know before you can tow.

Georgia’s Disabled Parking Restrictions

You see a vehicle illegally parked in a parking space for people with disabilities – there’s no parking permit displayed or a designated license plate. You immediately think: have the car towed.

For HOAs, property managers and security personnel patrolling these properties, towing a vehicle illegally parked in a space for persons with disabilities requires more investigation before a tow can happen.

Recently, one of our patrol officers experienced this situation while patrolling an HOA property. He initiated a call to tow the company listed on the parking sign. The tow company advised him to call Gwinnett County Police Department’s non-emergency line to respond and cite the vehicle before they towed it.

While waiting for the officer to arrive, our patrol officer did some research about Georgia’s codes for illegally parking in these spaces. He found specific circumstances that allow towing of vehicles must be met first, according to the Official Code of Georgia Annotated (O.C.G.A.).

The GCPD officer he spoke to recommended managers take these steps:

  1. Make sure the required signage is displayed at the designated parking spot(s) as required by O.C.G.A. 40-6-221.
  2. If the vehicle IS occupied and the occupant refuses to move, call GCPD’s Non-Emergency Line at 770-513-5700 to report the incident. GCPD can cite the individual but not the vehicle.
  3. If the vehicle is NOT occupied, call the contracted tow company listed on the signage and have them remove the vehicle. The tow company should follow up with GCPD to let them know of the tow. 

For further information, refer to these O.C.G.A. codes:

40-6-221 section (3) sub-section (a). This section of the code lists specific requirements for signage sizes, posting, colors and verbiage:

(3) “Parking place for persons with disabilities” means any area on public or private property which has been designated as reserved for use of persons with disabilities as follows:

  • (A) By a blue metal reflective sign which is at least 12 inches in width and 18 inches in length and is erected at a height of seven feet from the bottom of the sign to its ground surface and in such manner that it will not be obscured by a vehicle parked in the space and bearing the following words: “Permit Parking Only,” “Tow-Away Zone,” and the international symbol for accessibility. The warnings required in this subparagraph shall be centered on the sign, printed in white, and shall occupy not less than 75 percent of the surface area of the sign. The sign required by this subparagraph shall be the official authorized sign for parking place designations for persons with disabilities in this state. In addition, parking spaces which are required by Code Section 30-3-6 shall be designated as “For Disabled Persons With Ambulatory Assistive Devices Only”; or
  • (B) Where the parking place is on private property, is constructed solely from concrete, was used by the public or finished prior to July 1, 1987, and which is designated by having imprinted and maintained in reflective paint upon each such place the words “Tow-Away Zone” or “Parking Only for Persons with Disabilities” or the universal symbol of accessibility, that designation shall be deemed to meet the requirements of subparagraph (A) of this paragraph until such time as that concrete lot is renovated, repaired, or remodeled, at which time a sign shall be erected which shall comply with the requirements of subparagraph (A) of this paragraph.

40-6-226 subsections (f)(1)(2) and (g) indicate violation penalties and the law allowing towing of the vehicle.

  • (f)(1) Any person violating subsection (c) or (c.1) of this Code section shall be guilty of a misdemeanor.
  • (2) Any person violating subsection (a), (a.1), (b), (d), or (e) of this Code section shall be subject to a fine of not less than $100.00 and not more than $500.00

(g) In addition to the penalties provided for in subsection (f) of this Code section, any vehicle which is illegally parked in a parking place for persons with disabilities which is marked by a sign bearing the words “Tow-Away Zone” as described in paragraph (3) of Code Section 40-6-221 on public or private property may be towed away or caused to be towed away by a proper law enforcement agency or the official security agency of said property at the expense of the owner of the vehicle or, if the vehicle is leased or rented, at the expense of the person responsible for payment on the lease or rental agreement.

(Emphasis provided by Rapid International Group.)

For full code and enforcement, refer to O.C.G.A. PARKING FOR PERSONS WITH DISABILITIES (§§ 40-6-220 — 40-6-228)

Source: Justia U.S. Law

Rapid International Offers Community Solutions

Safety, Community, Together. Rapid International provides security services, including staffed areas and patrol services, prioritizing neighborhood-based security in collaboration with your community. Rapid’s management has extensive experience in the security industry and in each city, we build partnerships with local law enforcement and emergency service agencies. Together with community members, we work to make people and communities safe and secure.

Please get in touch to learn about our community-level security program – we believe the strength of collaboration and partnership make neighborhoods safer for everyone. In Georgia, call: (706) 844-2586, in California call: (213) 364-1394 or email us at info@therapidway.com.

Disability, accute or slight, should not make accessibility a hurdle to every day aspects of life.

Andrew Calderon – Rapid Group International

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