City of Tyler – Volunteer Tyler Accessible Parking Enforcement Program Frequently Asked Questions Q) Who gives authority for citizens to write parking tickets? A) Under the Texas Transportation Code Section 681.0101: a. City governments have the authority to appoint citizens to write citations for vehicles parked illegally in spaces reserved for disabled individuals. b. These citizens must: Be a US citizen Have no felony convictions Take an oath of office administered by a judge Successfully complete a four-hour training program developed by the City of Tyler c. Citizens appointed under this section are not peace officers and have no authority other than writing tickets to violators of the disabled parking laws. Q) What can these volunteers write tickets for? A) Volunteers can write parking tickets to persons parked in legally marked handicapped spaces if they: Don’t have a valid placard displayed in their windshield Don’t have disabled plates on their car They have an out of state placard and Texas license plates Under Texas Transportation Code Section 681.011.c, a person commits an offense if the person stands or parks a vehicle so that the vehicle blocks an architectural improvement designed to aid persons with disabilities, including an access or curb ramp. See photo example below: Example of an illegally parked car in the access area and blocking the curb ramp. Q) What are the requirements of a legally marked handicapped space? A) ADA Accessible Parking Requirements: Posted signs shall be located so they cannot be obscured by a vehicle parked in the space. Minimum of five (5) feet from the ground to the bottom of the sign. Markings painted on the pavement or ground are not sufficient to meet this requirement. See photo examples below: Sign – well over 5’ Pavement markings are not required by Texas state law or ADA. Q) Can a volunteer write a ticket if a business’ handicapped sign is missing? A) No, a space is not legally recognized as a handicapped space if the handicapped sign is missing Q) What if the handicapped sign is missing but the pavement is marked with the handicapped logo, can the volunteer write a ticket for this space? A) No, the pavement marking is not required by Texas state law or ADA and a space is not legally recognized as a handicapped space if the handicapped sign is missing. Q) What if a business is missing their handicapped sign? A) Not posting the required handicapped signs creates two problems: The parking laws prohibiting non-disabled persons from using parking spaces reserved for disabled persons cannot be enforced. Businesses not having the required signs are in violation of the Texas Accessibility Standards. Businesses that fail to comply may be charged by the Texas Department of Licensing and Regulation with a Class B violation. Fines for this violation range from $1,000 to $3,000 for the first offense. Q) What does ADA stand for? A) Americans with Disabilities Act
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