Sheramoto said she works in an office in Irvine that is a business building located on private property open to the public. The parking lot has three handicapped parking spots and some other parking spots designated for those visiting or working at a business in her building called Lawyers Title. Sheramoto asked if, when all three of the designated handicapped spaces are taken, could she park in a Lawyers Title spot.
“I have been told I could be towed if I do,” said Sheramoto, who has a disabled placard. “I also need this information for my disabled clients when they come and they can’t find parking and the spaces for Lawyers Title are available and the disabled spaces are taken.”
A. This particular issue, like many involving disabled parking spaces on private property, is not specifically covered in the California Vehicle Code.
Department of Motor Vehicles Spokesman Jaime Garza said, “A person holding a disabled placard is allowed to park in a designated handicapped space for an unlimited amount of time unless otherwise posted.”
The disabled placard is generally for parking on public roads, streets or highways, according to the DMV. That said, disabled parking on private property is another story and the rules vary.
Disabled parking laws for private property, like in a strip mall, are typically under a city or county’s jurisdiction, said Garza, who referred us to the City of Irvine police or parking enforcement department for Sheramoto’s case.
Counties and cities can – and do – make their own municipal laws about disabled parking that vary from city to city when involving disabled parking on private property. (There are some guidelines property owners must follow, however, like how many disabled spaces they must have on site.)
Irvine Police Department spokeswoman Farrah Emani said about Sheramoto’s query, “That’s a question for the private property owner. Any decision on private property regarding spaces is up to that property owner. We have, on public streets, the ability to enforce all laws but on private streets we have the ability to enforce some laws.”
She said Irvine police can initiate parking enforcement on private property involving serious safety concerns like parked cars blocking fire lanes or fire hydrants, but an issue like this is “not a police issue” unless reported by the property owner or a business there.
Sheramoto should contact the property owner at her work for details, but until then, she should avoid parking in the spots reserved for Lawyers Title unless she is their customer.
Having a disabled placard does not necessarily mean these drivers can park in any handicapped spot on private property, for free, or for any amount of time. A city code may allow private property owners to set aside disabled spaces for customers of certain businesses only. Similarly, parking garages on private property are allowed to charge a fee to disabled drivers seeking to park in the privately owned garage.
Q. Anthony Gonzales, of Long Beach, also asked about disabled parking on private property. Where Gonzales works, there’s a sign by the disabled parking spaces saying those spots are only for patrons of four businesses served by that private parking lot. A sign says violators will be towed at the owner’s expense. Gonzales said cars with disabled placards park there often but are not patrons of those businesses. Can they park there, he asked?
A. Probably not. The disabled drivers parking in Gonzales’ lot who are not patronizing those businesses listed on the sign appear to be violating that city’s municipal code. The businesses or property owner could seek police enforcement.
Q. Robert V. parked in a disabled parking spot at his workplace in an area with no public access. He does not have a placard. A co-worker approached and told Robert he couldn’t park there, and Robert said he knew that. The co-worker then apparently called the police to report Robert and Robert received a ticket. He asked, “Can the police can give a ticket on a private lot which has no parking for anyone other than employees? Is there any way I can beat this ticket?”
A. There are local laws for parking in handicapped spaces on private property, and in this case, they were enforced when reported. Robert probably wouldn’t have much luck fighting his ticket in court.
Contact the writer: 951-368-9670 or ontheroad@pressenterprise.com
