§291-72  Parking spaces reserved for electric vehicles and electric vehicle charging systems; penalties.  (a)  Any person who parks a non-electric vehicle in a space designated and marked as reserved for electric vehicles or parks any vehicle in a parking space equipped with an electric vehicle charging system while not actively charging shall:

     (1)  Be guilty of a traffic infraction under chapter 291D;

     (2)  Be fined not less than $50 nor more than $100; and

     (3)  Pay any costs incurred by the court related to assessing the fine;

provided that a fine shall not be imposed on a person who parks in a space designated and marked as reserved for electric vehicles if the electric vehicle charging system is visibly inoperable or broken, as determined by an enforcement officer upon visual inspection.  The enforcement officer shall document the inoperability of the charging system in their report.

     In addition to any other applicable penalties and fines, any person who violates this subsection shall be assessed an additional state reserved parking space enforcement fine of $50.  The state reserved parking space enforcement fine shall be enforced and collected by the district courts.  Fifty per cent of all fines collected shall be deposited into the state general fund and fifty per cent of all fines collected shall be deposited into the safe routes to school program special fund established pursuant to section 291C-4.

     (b)  Any citation issued under this section may be mailed to the violator pursuant to section 291C-165(b).

     (c)  Notwithstanding any law to the contrary, and in addition to any other authority provided by law that is not inconsistent with this section:

     (1)  A law enforcement officer may access the property of a private entity to enforce the provisions of this part; and

     (2)  A commissioned volunteer enforcement officer may access the property of a private entity to enforce the provisions of this section; provided that the private entity's parking lot contains a parking space required by section 291-71. [L 2009, c 156, pt of §4; am L 2012, c 89, §3; am L 2021, c 75, §9; am L 2025, c 112, §3]