Improper Disabled Parking Citation - NDCC §39-01-15 Defense
NDCC §39-01-15 governs disabled parking. To validly cite a vehicle for disabled parking violation, the space must be properly marked with both signage AND pavement marking conforming to the federal ADA Standards (2010) AND NDCC requirements - including the International Symbol of Access, sign at least 60 inches above ground, and 'Van Accessible' designation where applicable. Improperly marked spaces cannot support a citation. Additionally, valid disability placard or plate from ANY state is fully reciprocal under NDCC §39-01-15(7).
Legal basis
NDCC §39-01-15 (disabled parking); ADA Standards for Accessible Design 2010 §502; NDCC §39-01-15(7) reciprocity
Sample appeal wording
TO: [CITY] Parking Division RE: Citation #[NUMBER] - ADA Parking - Motion to Dismiss Under NDCC §39-01-15 and the federal ADA Standards for Accessible Design (2010), accessible parking spaces must meet specific signage and marking requirements: - Sign mounted minimum 60 inches above ground (ADA §502.6) - International Symbol of Access displayed - 'Van Accessible' designation where applicable - Pavement marking with ISA The space at [LOCATION] failed to comply because: [DESCRIBE]. Photographic evidence is attached. [OPTIONAL - if displaying placard]: Additionally, my vehicle displayed valid disability placard #[NUMBER] issued by [STATE], which is fully reciprocal in North Dakota under NDCC §39-01-15(7). The citation must be dismissed. [NAME] [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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- https://www.ndlegis.gov/cencode/t39c01.pdf
- NDCC §39-01-15
- ADA Standards for Accessible Design 2010