21 DE Code § 4183. (2021)
2021 Delaware Code|Title 21 - Motor Vehicles|Chapter 41. Rules of the Road|Subchapter XI. Miscellaneous Rules|§ 4183. Parking areas for vehicles being used by persons with disabilities.

§ 4183. Parking areas for vehicles being used by persons with disabilities. (a) For purposes of this section, the term “vehicle being used by a person with a disability” means a vehicle:  (1) That displays a valid special license plate issued pursuant to § 2134 of this title on the rear of the vehicle, or that displays a valid parking placard issued pursuant to § 2135 of this title on the front windshield rearview mirror of the vehicle or, if there is no mirror, on the dashboard, or that displays a valid plate, placard or other item issued under a similar statute in another state or country; and (2) In which the person for whom the plate or placard is issued is either the operator or a passenger or, in the case of an organization, in which a person who is entitled to obtain a permanent or temporary placard is a passenger. (b) With the exception of a vehicle being used by a person with a disability, it is unlawful to park on public or private property any vehicle in any area under the control of the Department of Transportation or a local authority within its respective jurisdiction or under the control of an owner or lessee of private property that is designated as a parking space or zone for persons with disabilities which limit or impair the ability to walk and that is conspicuously marked as such. For purposes of this section, “conspicuously marked” means that a vertical sign has been placed at an approximate height of at least 5 feet but no more than 7 feet when measured from the surface directly below the sign to the top of the sign for each parking space or zone. The sign must substantially follow federal specifications that identify a parking zone or space as one for persons with disabilities which limit or impair the ability to walk. A sign at least 12 inches wide by 18 inches tall that includes the internationally recognized wheelchair symbol of access substantially follows federal specifications. These requirements may not be construed to preclude additional markings, such as the international wheelchair symbol or a striped extension area painted on the space or zone, or a tow-away warning sign. (c) Upon the discovery on private property of a vehicle, other than a vehicle being used by a person with a disability, in a designated parking space or zone for persons with disabilities, the owner or lessee of the private property may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle. Upon the discovery of a vehicle illegally parked in a designated parking space or zone for persons with disabilities that is under the control of the Department of Transportation or local authorities, the State Police, county police or municipal police having jurisdiction may cause the illegally parked vehicle to be removed to a private storage area maintained for the safe storage of vehicles. Any costs of removal and storage must be borne by the owner or operator of the vehicle. (d) In addition to unlawful parking on public or private property in a space or zone designated for a vehicle being used by a person with a disability, the following acts are prohibited on both public and private property and may be enforced pursuant to this section:  (1) Creating or using a counterfeit license plate or parking placard, as described in § 2134 or § 2135 of this title; (2) Altering a license plate or parking placard issued pursuant to § 2134 or § 2135 of this title; (3) Parking on a striped area within or adjacent to a space or zone designated for a vehicle being used by a person with a disability; (4) Being the person or organization to whom a license plate or parking placard has been issued pursuant to § 2134 or § 2135 of this title, allowing another to use the plate or placard; or (5) Parking a vehicle with a license plate or placard issued pursuant to § 2134 or § 2135 of this title in a space or zone defined in subsection (b) of this section unless a person on whose behalf a special license plate or placard has been issued is being transported. (e) A uniform parking summons may be attached to an unattended vehicle found in violation of this section by a person authorized to issue a summons for a violation of this section. It is prima facie evidence that the person or organization in whose name the unattended vehicle is registered is responsible for the violation. The owner or operator of the unattended vehicle may mail or deliver the summons and the designated fine and costs directly to the court identified on the summons instead of appearing before the court for arraignment on the charge, provided that the owner or operator identifies himself, herself or itself and that the summons and fine and costs are received by the court at least 2 days before the arraignment date designated on the summons. (f) (1) A person or organization who violates this section must receive a mandatory fine of $200 for a first offense, and for a subsequent like offense, a mandatory fine of $300 or a term of imprisonment of not less than 10 nor more than 30 days, or both. (2) In addition, a person or organization who holds a valid special license plate or parking placard issued under § 2134 or § 2135 of this title and who violates paragraph (d)(1), (2), or (4) of this section may receive an additional penalty of up to a 6-month suspension or the permanent revocation of the plate or placard. If a plate is suspended or revoked under this subsection, the person may apply for and be issued a regular license plate. (g) The Superintendent of the State Police is authorized to appoint State Police Academy cadets to enforce this section within the unincorporated areas of each county. Cadets appointed pursuant to this subsection must be at least 18 years of age. The Superintendent may establish other qualifications considered necessary or desirable. (h) A summons issued by a cadet appointed by the Superintendent pursuant to subsection (f) of this section has the same force and effect as a summons issued by the State Police. (i) Fines collected from summonses issued by the State Police or by cadets appointed pursuant to subsection (f) of this section must be deposited into the General Fund. (j) The authority of the State Police or a cadet appointed by the Superintendent to enforce this section is not limited by any jurisdictional agreement between the State Police and any local law-enforcement agency. 21 Del. C. 1953, §  4180A;  55 Del. Laws, c. 398, §  2;  62 Del. Laws, c. 102, §§  1-3;  63 Del. Laws, c. 214, §  1;  63 Del. Laws, c. 441, §  3;  64 Del. Laws, c. 203, §  1;  66 Del. Laws, c. 329, §  1;  67 Del. Laws, c. 162, §  1;  67 Del. Laws, c. 163, §  1;  68 Del. Laws, c. 287, §  1;  70 Del. Laws, c. 186, §  1;  71 Del. Laws, c. 287, §  1;  73 Del. Laws, c. 356, §  1;  73 Del. Laws, c. 397, §  3;  78 Del. Laws, c. 223, §§  1, 2;  82 Del. Laws, c. 27, § 1;