H. B. 4701
(By Delegates Modesitt, Anderson, Azinger,
Border, L. Smith, Manchin and Prunty)
[Introduced February 25, 2000; referred to the
Committee on the Judiciary.]
A BILL 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
prohibition against blocking wheelchair accessible ramp or
curb cut if marked with blue or yellow 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:
ARTICLE 13. STOPPING, STANDING AND PARKING.
§17C-13-3. Stopping, standing or parking prohibited in specified
places; penalty.
(a) No person shall may 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 either
blue or yellow paint.
(b) No person shall may 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.
NOTE: The purpose of this bill is to make the prohibition
against stopping, standing or parking a vehicle in front of a
wheelchair accessible ramp or curb cut applicable if the ramp or
curb cut is marked with either blue or yellow paint.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.