Can South Carolina police ticket misuse of an accessible parking spot in an unsigned private lot?

Plain-English summary

In 2013, South Carolina's Attorney General said police could enforce accessible-parking restrictions in a clearly marked space on public or private property even when the lot lacked a separate sign announcing police jurisdiction. The parking offense did not require that the violation occur on public property, so the sign condition in the general parking-lot jurisdiction statute did not defeat this enforcement.

The AG said officers should generally use the uniform parking-violation ticket specified for these spaces. It also read the uniform traffic-ticket statute as allowing a traffic ticket when the violation was committed in an officer's presence and within summary-court jurisdiction.

What this means for you

Police and parking-enforcement officers

The opinion allows a charge for misuse of a clearly designated accessible space in an unsigned private lot. It favors the uniform parking ticket but says an officer who witnesses the violation is not barred from using a uniform traffic ticket under the cited statute.

Private-lot owners and drivers

The separate police-jurisdiction sign under § 23-1-15 is not a condition for this accessible-parking offense. The opinion relies on the parking spot itself being clearly designated.

Municipal courts

The AG read the parking offense as one within summary-court jurisdiction, which mattered to its limited conclusion about the possible use of a uniform traffic ticket.

Currency note

This opinion was issued in 2013. Later statutes, decisions, or opinions may have changed ticketing rules. Verify current law before relying on this historical interpretation.

Common questions

Q: Can police enforce an accessible spot in a private lot without the jurisdiction sign? A: Yes, the AG said, when the accessible parking space is clearly designated.

Q: Must officers issue a special parking ticket?
A: The opinion says they should generally use the uniform parking-violation ticket, while allowing a uniform traffic ticket for an offense committed in the officer's presence under the cited provision.

Q: Does the parking space itself need to be marked?
A: The holding concerns a clearly designated accessible parking space. The opinion does not answer how to enforce an unmarked space.

Background and statutory framework

Union's public-safety chief asked whether the sign condition for general police jurisdiction over public-use lots prevented enforcement of accessible parking rules, and which ticket form officers could use. The AG distinguished § 23-1-15 from the accessible-parking offense and compared the uniform parking-ticket and traffic-ticket statutes.

Citations and references

• § 23-1-15: signs for general police jurisdiction over public-use parking lots.
• § 56-3-1970: accessible-parking offense discussed in the opinion.
• § 56-3-1971: uniform parking-violation ticket authority.
• § 56-7-15(A): limited uniform traffic-ticket option discussed by the AG.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-18-2013/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/06/white-s-w-os-9616-6-18-13-issuance-of-tickets-for-handicap-parking-violations.pdf

Original opinion text

ALAN WILSON
A TIORNEY GENERAL

June 18,2013

Sam W. White, Chief
City of Union Public Safety Department
2 I 5 Thompson Blvd.
Union, South Carolina 29379
Dear Chief White,
You request an opinion of this Office as to the issuance of tickets for handicapped parking violations. Specifically, you ask: 1)

Are law enforcement officers authorized to issue tickets for handicapped parking violations on parking lots that are open to the public and are not posted by signage as referenced by S.C. Code§ 23-1-15?

2)

May law enforcement officers issue uniform traffic tickets for handicapped parking violations, or are law enforcement officers required to use the tickets referenced in S.C. Code§§ 56-3-1971, -1972, and-1973?

Law/Analysis
As to your first question, S.C. Code § 23-1-15 provides:
Any real property which is used as a parking lot and is open to use by the public for motor vehicle traffic shall be within the police jurisdiction with regard to the unlawful operation of motor vehicles in such parking lot. Such parking lots shall be posted with appropriate signs to inform the public that the area is subject to police jurisdiction with regard to unlawful operation of motor vehicles. The extension of police jurisdiction to such areas shall not be effective until the signs are posted. In any such area the law enforcement agency concerned shall have the authority to enforce all laws or ordinances relating to the unlawful operation of motor vehicles which such agency has with regard to public streets and highways immediately adjoining or connecting to the parking area.
§ 23-1-15.

REMBERTC. DENNIS BUILDI NG • PosT OFFICEBox 11549 • COLUMBIA SC292ll - 1549 • TELEPHONE803 734 3970 F
•
• ACSIMILE 803-253-6283

Chief White Name
Page 2
June 18, 2013
You ask whether your depa11ment may ticket individuals for unlawfully parking in marked handicapped parking spots in private lots which do not have postings indicating they are subject to police jurisdiction pursuant to § 21-1-15. We have explained in prior opinions that § 21-1-15 is of no consequence to certain offenses involving motor vehicles which contain no element requiring that the offense be committed on public property. See Op. S.C . Att'y Gen., l 992 WL 575651 (Aug. 14, l 992) (stating "the question of whether specific property is public or private is ... in-elevant as to certain traffic offenses" and "Section 23-1-15 would have no effect on a traffic offense in which the commission on public prope1fy is not an element, such that ce11ain traffic offenses may be committed and are enforceable on private property regardless of whether the prope1fy is posted ") (citations omitted). The statutory provisions regulating handicapped parking are generally found in §§ 56-3-1950 to 1975. In particular, § 56-3-1970 states: (A) It is unlawful to park any vehicle in a parking place clearly designated for handicapped persons unless the vehicle bears the distinguishing license plate or placard provided in Section 56-3-1960. (B) It is unlawful for any person who is not handicapped or who is not transporting a handicapped person to exercise the parking privileges granted handicapped persons pursuant to Sections 56-3- 1910, 56-3-1960, and 56-3-1965.

(C) A person violating the provis ions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than five hundred dollars nor more than one thousand dollars or imprisoned for not more than thirty days for each offense. (D) The summary courts are vested with jurisdiction to hear and dispose of cases involving a violation of this section.

§ 56-3-1970.
In addition,§ 56-3-1971 states, in part:
All law enforcement officers issuing tickets on public and private property and state law enforcement division licensed security officers of shopping centers and business and commercial establishments, which provide parking spaces designated for handicapped persons, are authorized to issue a uniform parking violations ticket to the vehicle for violations of the prescribed use of the parking spaces. The uniform parking violations ticket shall provide a means for tracking violators by tag number and recording the violations with the Department of Motor Vehicles.

§ 56-3-1971 (emphasis added).

Chief White Name
Page 3
Junel8, 2013
In several opinions, we have concluded that the provisions in §§ 56-3-1950 to -1975 regulating parking for handicapped persons are enforceable as to any parking spot clearly designated for handicapped persons regardless of whether the parking lot is public or private or is posted as being within police jurisdiction pursuant to§ 23-1-15 . See. e.g., Ops. S.C. Att'y Gen., 2008 WL 3198123 (July 9, 2008) ("State statutes providing for handicapped parking are enforceable as to any parking place which is clearly designated for handicapped persons on public or private property regardless of whether the prope1ty is posted pursuant to S.C. Code Ann. § 23-1-15) (citing Op. S.C. Att'y Gen., 1992 WL 575660 (Sept. 21 , 1992)). Consistent with these opinions, we believe your department may charge an individual with unlawfully parking in a clearly marked handicapped spot in a public or private parking lot regardless of whether the lot has a posting indicated it is subject to police jurisdiction pursuant to § 23- 1-15. As to your second question, §§ 56-3-1971 to -1973 reference the use of a "uniform parking violations ticket" for the unlawful use of a handicapped parking space. As quoted above, § 56-3-1971 states that law enforcement officers "are authorized to issue a uniform parking violations ticket" for the unlawful use of a handicapped parking spot. In contrast, § 56-7-10 provides for the use of a "uniform traffic ticket" used by all law enforcement for traffic offenses and certain other enumerated offenses, none of which is unlawful parking in a clearly marked handicapped spot. However, § 56-7-15(A) states that a uniform traffic ticket "may be used by law enforcement officers to arrest a person for an offense committed in the presence of a law enforcement officer if the punishment is within the jurisdiction of magistrates court and municipal court .... " Therefore, while we believe law enforcement should generally use the uniform parking violations ticket for the unlawful use of a handicapped parking spot, it appears law enforcement is not prohibited from using a uniform traffic ticket for such violations under § 56-7-l 5(A) which are committed within the officer's presence since pursuant to § 56-3-1970(0) such violations are within the jurisdiction of the summary courts.

Harrison D. Bra
Assistant Attorney General
REVIEWED AND APPROVED BY:

•~<~

Robert D. Cook
Solicitor General