346.505 Stopping, standing or parking prohibited in parking spaces reserved
for vehicles displaying special registration plates or special identification
cards.
(1) The legislature finds that parking facilities which are open to use
by the public without a permit, whether publicly or privately owned, are public
places. By enacting this section the legislature intends to ensure that people
who are physically disabled have clear and reasonable access to public places.
The legislature, therefore, urges the police, sheriff's and traffic departments
of every unit of government and each authorized department of the state to
enforce this section vigorously and see that all violations of this section are
promptly prosecuted. (2) (a) Except for a motor vehicle used by a
physically disabled person as defined under s. 346.503
(1), no person may park, stop or leave standing any vehicle, whether attended or
unattended and whether temporarily or otherwise, upon any portion of a street,
highway or parking facility reserved, by official traffic signs indicating the
restriction, for vehicles displaying special registration plates issued under s.
341.14
(1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued
under s. 343.51
or vehicles registered in another jurisdiction and displaying a registration
plate, card or emblem issued by the other jurisdiction which designates the
vehicle as a vehicle used by a physically disabled person. (b) No person may
park, stop or leave standing any vehicle, whether attended or unattended and
whether temporarily or otherwise, upon any portion of a street, highway or
parking facility so as to obstruct, block or otherwise limit the use of any
portion of a street, highway or parking facility reserved, by official traffic
signs indicating the restriction, for vehicles displaying special registration
plates issued under s. 341.14
(1), (1a), (1e), (1m ), (1q) or (1r) (a) or a special identification card issued
under s. 343.51
or vehicles registered in another jurisdiction and displaying a registration
plate, card or emblem issued by the other jurisdiction which designates the
vehicle as a vehicle used by a physically disabled person. (c) Notwithstanding
par. (b), no person may park, stop or leave standing any vehicle, whether
attended or unattended and whether temporarily or otherwise, upon any portion of
a street, highway or parking facility that is clearly marked as and intended to
be an access aisle to provide entry to and exit from vehicles by persons with
physical disabilities and which is immediately adjacent to any portion of a
street, highway or parking facility reserved, by official traffic signs
indicating the restriction, for vehicles displaying special registration plates
issued under s. 341.14
(1), (1a), (1e), (1m), (1q) or (1r) (a) or a special identification card issued
under s. 343.51
or vehicles registered in another jurisdiction and displaying a registration
plate, card or emblem issued by the other jurisdiction which designates the
vehicle as a vehicle used by a person with a physical disability. (3) (a)
Subject to s. 346.01
(2), the owner of a vehicle involved in a violation of sub. (2) shall be liable
for the violation as provided in this subsection. (b) A member of a disabled
parking enforcement assistance council under s. 349.145
who observes a violation of sub. (2), or any person who observes a violation of
sub. (2) (c), may prepare a written report indicating that a violation has
occurred. The report shall contain the following information: 1. The time and
location at which the violation occurred. 2. The license number and color of the
vehicle involved in the violation. 3. Identification of the vehicle as an
automobile, motor truck, motor bus, motorcycle or other type of vehicle. (c)
Within 24 hours after observing the violation, the member or other person may
deliver the report to a traffic officer of the political subdivision in which
the violation occurred. A report which does not contain all of the information
in par. (b) shall nevertheless be delivered and shall be maintained by the
political subdivision for statistical purposes. (d) 1. Within 48 hours after
receiving a report containing all of the information in par. (b) and after
conducting an investigation, the traffic officer may prepare a uniform traffic
citation under s. 345.11
for the violation and may personally serve it upon the owner of the vehicle. 2.
If with reasonable diligence the owner cannot be served under subd. 1. or if the
owner lives outside of the jurisdiction of the issuing authority, service may be
made by certified mail addressed to the owner's last-known address. (e) 1.
Except as provided in subd. 2., it shall be no defense to a violation of sub.
(2) that the owner was not in control of the vehicle at the time of the
violation. 2. The following are defenses to a violation of sub. (2): a. That a
report that the vehicle was stolen was given to a traffic officer before the
violation occurred or within a reasonable time after the violation occurred. b.
If the owner of the vehicle provides a traffic officer with the name and address
of the person who was in control of the vehicle at the time of the violation and
the person so named admits having the vehicle under his or her control at the
time of the violation, then that person and not the owner shall be charged with
the violation. c. If the vehicle is owned by a lessor of vehicles and at the
time of the violation the vehicle was in the possession of a lessee, and the
lessor provides a traffic officer with the information required under s. 343.46
(3), then the lessee and not the lessor shall be charged with the violation. d.
If the vehicle is owned by a dealer as defined in s. 340.01
(11) (intro.) but including the persons specified in s. 340.01
(11) (a) to (d), and at the time of the violation the vehicle was under the
control of any person on a trial run, and if the dealer provides a traffic
officer with the name, address and operator's license number of that person,
then that person and not the dealer shall be charged with the violation.
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