This Act adds provisions to Title 21 to better regulate, define, and enforce accessible parking spaces in Delaware. This Act expands on those design and construction rules required by the Americans with Disabilities Act, and its implementing regulations, to provide additional requirements that enhance these standards and better reflect the needs of persons with disabilities in Delaware. When constructing or altering accessible parking spaces, this Act requires that a permit be issued by the local county or municipal authority to ensure that accessible parking spaces are compliant with these new requirements. This Act permits a county or municipal government to assess a civil penalty of up to $500 on an individual or entity that does not comply with the design and construction requirements of this Act. This Act also increases the fine for unlawfully occupying an accessible parking space. Rather than imprisonment, the penalty for unlawfully occupying an accessible parking space may include community service. This Act adds provisions in Titles 9 and 22 to require county and municipal governments to adopt regulations and ordinances incorporating Title 21’s new accessible parking space requirements, including the requirement that property owners obtain a permit and that the permitting agency verify that the new or modified accessible parking spaces is compliant with the law.

Statutes affected:
Original Text: 21.4183, 22.110, 9.310