Arizona Handicap Parking Laws on Private Property: Complete Legal Guide

Handicap parking enforcement on private property is governed by a combination of federal law (the Americans with Disabilities Act), Arizona state statutes, and local municipal codes. Property owners have a legal obligation to provide and maintain accessible parking spaces, and they have the authority to enforce those spaces against unauthorized use. This guide covers everything you need to know about handicap parking requirements and enforcement on private property in Arizona.

Federal ADA Requirements for Private Property

The Americans with Disabilities Act (ADA) applies to privately owned properties that are open to the public, including shopping centers, restaurants, office buildings, medical facilities, and any other commercial property. The ADA establishes minimum requirements for the number of accessible parking spaces, their dimensions, signage, and location relative to building entrances.

Key ADA requirements for parking lots include:

• Minimum number of spaces: The ADA requires a specific number of accessible spaces based on total parking capacity. For example, a lot with 1 to 25 total spaces must have at least 1 accessible space; 26 to 50 spaces requires 2 accessible spaces
• Van-accessible spaces: For every six accessible spaces, at least one must be van-accessible with additional width and clearance
• Access aisles: Every accessible space must have an adjacent access aisle that provides enough room for wheelchair users to transfer in and out of vehicles
• Location: Accessible spaces must be located on the shortest accessible route to the building entrance

Arizona State Handicap Parking Laws

Arizona state law adds additional requirements and enforcement mechanisms on top of the federal ADA standards. Under Arizona Revised Statutes, parking in a handicap space without a valid disability placard or license plate is a civil traffic violation that carries significant fines. Arizona law also empowers property owners to tow vehicles that illegally occupy accessible parking spaces.

Arizona-specific requirements include:

• Signage standards: Each accessible space must have a sign mounted at least 60 inches above the ground, displaying the International Symbol of Accessibility and stating the fine amount for violations
• Pavement markings: The International Symbol of Accessibility must be painted on the pavement surface of each accessible space
• Fine amounts: Arizona penalties for handicap parking violations can range from $250 to $500 or more, depending on the jurisdiction and whether it is a repeat offense
• Towing authority: Property owners can authorize immediate towing of vehicles illegally occupying accessible spaces, similar to fire lane violations

Enforcement on Private Property

Private property owners have the authority to enforce handicap parking restrictions on their property, but they must do so properly. Enforcement typically works in conjunction with a professional towing company and requires that all signage and markings meet both ADA and Arizona standards.

The enforcement process for handicap violations on private property typically involves:

1. 1
   Verification: Confirm that the vehicle does not display a valid disability placard or license plate. Sometimes placards are placed on the dashboard or are not immediately visible from outside the vehicle.
2. 2
   Documentation: Photograph the vehicle, the accessible space signage, the absence of a placard, and the surrounding area. Thorough documentation protects the property owner if the tow is later disputed.
3. 3
   Contact your towing partner: Call your contracted towing company to remove the vehicle. They will follow all notification and law enforcement reporting requirements mandated by ARS 28-3511.
4. 4
   Optional: Report to law enforcement: While not required for private property towing, you may choose to report the violation to local police, who can issue a citation in addition to the tow.

Property Owner Obligations

Property owners have affirmative obligations when it comes to accessible parking. Failure to maintain proper accessible spaces can result in ADA complaints, civil lawsuits, and government enforcement actions. Your obligations include maintaining the correct number of accessible spaces for your lot size, keeping all signage and pavement markings in good condition, ensuring access aisles are kept clear of obstructions, providing an accessible route from parking to building entrances, and actively enforcing against unauthorized use of accessible spaces.

Common Mistakes to Avoid

• Not enough spaces: Failing to provide the minimum number of accessible spaces required by ADA based on your total lot capacity
• Inadequate signage: Using signs that do not meet Arizona height requirements or fail to display the required fine amount
• Blocked access aisles: Allowing shopping carts, snow removal equipment, or other objects to obstruct the striped access aisles next to accessible spaces
• No enforcement: Having accessible spaces but never enforcing them, which effectively makes them useless for the people who need them