Accessible Parking for Persons with Disabilities

(a)Any person committing or attempting to commit an act of deception or fraud, by one

(1)or more of the following methods, is guilty of a misdemeanor:

(1)The intentional providing of false information, including statements made on or within a physician’s or optometrist’s certification, submitted in order to obtain or assist another individual in acquiring a special license plate, removable windshield placard, or a temporary-removable windshield placard, issued pursuant to Title 16 GCA § 7120.1;

(2)the alteration, modification or sale of a special license plate, removable windshield placard, or a temporary-removable windshield placard, issued pursuant to Title 16 GCA § 7120.1; or

(3)the copying, forging, or use of a fraudulent special license plate, removable windshield placard, or a temporary-removable windshield placard, issued pursuant to Title 16 GCA § 7120.1;

(b)Any person:

(1)parking within a designated accessible parking space(s) without a special license plate, removable windshield placard, or a temporary-windshield placard on public or private property made available for public use; or

(2)blocking access to aisle(s) adjacent to accessible parking space(s) on public or private property made available for public use, is guilty of a violation.

(c)Any person who parks in a designated accessible parking space, or who blocks access to aisles adjacent to an accessible parking space on public property or private property available for public use, using a vehicle with a special license plate, removable windshield placard, or temporary removal windshield placard obtained pursuant to § 7120.1, Title 16, Guam Code Annotated, and who is not a qualified person with a disability as defined in § 7120.1(a)(2), Title 16, Guam Code Annotated, is guilty of a violation, unless such person is using the vehicle or placard in connection with the transportation of a qualified person with a disability. For the purpose of this Subsection (c), it shall not be a violation of this Subsection

(c)that the qualified person with a disability, as defined in § 7120.1(a)(2), Title 16, Guam Code Annotated, remains in the vehicle so parked in an accessible parking space, while his or her companion leaves the vehicle for the purpose of conducting business in behalf and for the benefit of the qualified person with a disability. Furthermore, it shall not be a violation of Subsection

(c)that the driver remains in the vehicle waiting for the qualified person to return.

(d)Penalty. Any person with a disability, who has applied for and received a special license plate, removable windshield placard, or a temporary-removable windshield placard, and who allows another individual usage of assigned special license plate or placard, is in violation of this Act and guilty of a violation.

(e)A violation of Subsections (b), (c), or

(d)of this Section is punishable by a fine of no less than Three Hundred Dollars ($300.00) and no more than Five Hundred Dollars ($500.00). A violation of CH. 3 GENERAL PROVISIONS Subsections (b)(1) or

(c)of this Section, or of Title 16 GCA Chapter 3, or § 3401(d) by any individual(s) qualifying as a disabled person, as defined within Title 16 GCA § 7120.1(a)(2), may have citation(s) dismissed upon the presentation of a special license plate or a removable windshield placard obtained pursuant to § 7120.1 of Title 16, GCA before the Court. The Courts may, at its discretion and by direction, create a methodology and system that authorizes the administrative support services of the Courts to certify the presentation of a placard by a person with a disability for the purposes of dismissal in order to forgo the need of a personal court appearance, and that such methodology and system strongly consider the potential for abuse. Fifty percent (50%) of all fines imposed hereunder by the Court shall be deposited into the Accessible Parking Fund, maintained by the Department of Integrated Services for Individuals with Disabilities or its successor agency, pursuant to Title 5 GCA § 50111(c), and the remaining fifty percent (50%) shall be deposited into the Police Services Fund, maintained by the Guam Police Department. Additionally, any vehicle(s) illegally parked pursuant to this Subsection, may be towed; and the owner of such vehicle(s) will be liable for reasonable towing expenses, which shall constitute a lien against the offending vehicle.

(f)Citations. Law enforcement “uniformed personnel,” as defined within 4 GCA § 8104(p), and volunteers appointed by the Chief of Police shall issue citations for vehicles parked in violation of this Section. The Chief shall issue identification cards to volunteers recruited under Subsection

(h)hereof that shall be carried by the volunteer when he issues citations. The Chief shall distribute citation forms for use in the enforcement of this Section.

(g)Forfeiture. Upon conviction of an offense committed in violation of subsection

(a)of this section or found guilty of a violation under subsections (b), (c), or

(d)of this section, the Court may confiscate the special license plate, removable windshield placard, or temporary removable windshield placard and return it to the Motor Vehicle Division of the Department of Revenue and Taxation along with a certified copy of the judgment, and upon receipt thereof the Motor Vehicle Division shall cancel and destroy the license plate or placard. The person to whom the license plate or placard was originally issued shall not receive another special license plate or placard until he or she resubmits a completed application and presents a current certification of a physician attesting to his or her qualifying condition.

(h)Volunteers Authorized to Issue Citations. The Chief of Police shall recruit volunteers who desire to assist the Guam Police Department in the enforcement of this Section. The volunteer shall:

(1)be at least eighteen

(18)years of age;

(2)be a citizen of the United States and a resident of Guam;

(3)not have been convicted of a felony or crime of family violence;

(4)obtain a certificate from the Chief of Police demonstrating the completion of a required course of instruction and training that includes training in measures to avoid dangerous confrontations with violators of this Section. In addition, training shall include the enforcement of litter control laws and the Natasha Protection Act pursuant to 10 GCA Chapter 90. The course of instruction and training shall be at no cost to the volunteer. Retired “uniformed personnel” are exempted from this Subsection; and

(5)satisfy any other qualifications and requirements established by the Chief of Police.

(i)Accessible Parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance and comply with the Americans with Disabilities Act Accessibility Guidelines for Building and Facilities (ADAAG) technical specification § 4.6.2. CH. 3 GENERAL PROVISIONS

(j)As to parking lots constructed or repaved after the effective date of this Act, accessible parking spaces shall be at least 96 inches wide and 228 inches long with a minimum 60 inches-wide adjacent access aisle. Access aisles shall be identified and painted with diagonal stripes and a part of an accessible route to the building or facility entrance. Vehicle standing spaces and adjacent access aisles shall be level with surface slopes not exceeding 1:50 (2%) in all directions. Access aisles and parking spaces shall comply with ADAAG technical specifications § 4.3 and § 4.6.3.

(k)Accessible parking spaces shall be designated as reserved by a sign showing

(1)the International Symbol of Accessibility commonly known as the wheelchair symbol and specified in § 4.30.7 of the ADAAG;

(2)below the symbol, a statement that violators will be fined not less than $300 and not more than $500, and the vehicle may be towed;

(3)a reference to 16 GCA § 3401.1; and

(4)a statement that access aisles must not be blocked. Spaces complying with ADAAG technical specification § 4.1.2(5)(b) shall also have an additional sign Van Accessible mounted below the symbol of accessibility. All signs referred to in this subsection

(k)should be a maximum of 12 inches wide with edges having rounded corners. All signs shall be mounted on a post centered at the head of the parking space with the center of the International Symbol of Accessibility seven

(7)feet above the parking surface.

(l)The Chief of Police may, at any time, revoke the certificate issued to a volunteer who has been convicted of a felony or a crime of family violence or has conducted police affairs in a manner contrary to Department policy.

(m)When issuing a special license plate, a removable windshield placard, a Guam driver’s license, a Guam motorcycle license, or a vehicle registration, the Department of Revenue and Taxation shall distribute literature detailing the appropriate use of a special license plate, removable windshield placard, or a temporary-removable placard, covering Title 16 GCA, Chapter 3, § 3401.1(a), (b), (c),

(d)and (e), and § 3401(d). The aforementioned informative literature shall be produced with funds from the Accessible Parking Fund, maintained by the Guam Police Department, within sixty

(60)days upon the passage of this provision into law.