Councilman Brian E. Lewis represents the 2nd District of Dover. He is also the chair of the Safety Advisory and Transportation Committee.
Recently, two of my colleagues who serve with me on Dover City Council proposed amending the city ordinance on parking for the disabled in residential areas: Chapter 106-Traffic and Vehicles; Article III-Stopping, Standing and Parking; Section 106-136-On-Street Disabled Parking.
The origin of this proposed change was the result of an isolated complaint to Councilman Fred Neil, who represents the 3rd District and who is one of the authors of this amendment.
As one of your council members who represents the 2nd District, I feel compelled to inform my constituents of this change, especially those who have concerns about this amendment. I also want to bring awareness of the process to those citizens with disabilities who choose to request such a parking space in front of their residences.
Currently, the proposed amendment reads as follows: “No parking space on public property shall be set aside, identified, or otherwise reserved for use by a handicapped or disabled City resident who has available for his/her use a driveway, parking pad, or other type of off-street parking space or private garage, on the premises of his/her residence or within 200 feet of his/her residence that provides at least the same proximity for such resident to his/her residence as the proposed parking space on public property would provide. Proof of two current department of motor vehicles disabled parking permits is required. Failure of an applicant to disclose the foregoing information to the Public Works Department shall constitute grounds for disapproval or nonrenewal of reserved parking spaces on public property. This provision also applies to all renewal applications. Disabled parking spaces on public streets and parking lots are for public use for valid placarded vehicles, not for personal or private use.”
Initially, after reading the proposed amendment to the ordinance, some of my concerns were whether the city would be violating anyone’s rights under the Americans With Disabilities Act and how much of an inconvenience this new requirement would have on our disabled population. In particular, I wondered how it would affect those who own more than one vehicle and are living in a household with disabled individuals. In addition, how burdensome would it be for those who have inclined or elevated driveways and utilize wheelchairs? Lastly, how would this amendment affect those who have detached garages or parking pads behind the house, where the distance to the house is too difficult to navigate due to the individual’s health condition?
Parking is an issue of special concern for many people with disabilities. For people with conditions that substantially limit their ability to walk, parking in close proximity to one’s home, one’s workplace, government offices and public places (such as restaurants and stores) is often essential to assure that they have the same access to those places as people who do not have such disabilities.
Accordingly, the Americans With Disabilities Act was passed, in part, to assure individuals with physical and mental impairments equal access to streets, buildings and parking facilities. Two of the things it did was to give specifications for parking spaces and safe, convenient access to buildings from those spaces.
The specifications for parking spaces includes size, type, location and number for each parking area. The act provides that any parking area open to the public must provide parking spaces according to these specifications. Parking spaces must also provide identified access aisles.
To qualify to use designated parking places for people with disabilities, a person will need proof that he or she needs accessible parking due to a disability. This proof generally will take the form of a special license plate or placard that designates the vehicle as one used for a person with a disability.
If a disabled parking space is designated specifically as a residential disabled parking spot, the only people who can park in it are people who hold a disabled parking placard or license plate. Further, anyone with such a plate or placard can park in the residential reserved parking space. Delaware is not like some other states, where the requested sign above a residential disabled parking space has a permit number on it that will match the number on the residential disabled parking permit, placard or license plate of the person who can use it.
On March 25, an amendment was added by Councilman David Anderson, who represents the 4th District, without objection by a majority vote of council. The amendment states: “Add to subsection (7) on line 24 after ‘No’ and before ‘parking’ more than one. While public works does not have an ADA coordinator, the city does. In case a person wishes to appeal a denial based upon ADA, this amendment provides an avenue. Amendment 2. Add to subsection (7) on line 33 after “property” Any citizen who wishes a review of a disapproval or nonrenewal based upon disability concerns shall be allowed a review by the city ADA Coordinator or city manager designee.”
The final reading to adapt this ordinance amendment will be held April 8 at 6:30 p.m. in the Council Chambers at City Hall, for those citizens wishing to attend and express comments or ask questions. In addition, a person can write a letter to the City Clerk’s Office to be read into the record, if unable to attend the meeting in person.
On a personal note: I would like for city staff to be fair as far as disabled parking in front of residential homes, no matter where you live in the city, and to be in strict compliance with the Americans With Disabilities Act.
Reader reactions, pro or con, are welcomed at civiltalk@iniusa.org.