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Whereby The Law 361 Of 1997 Is Added, "for Which Mechanisms Of Social Integration Of People With Limitations Are Established And Other Provisions"

Original Language Title: Por la cual se adiciona la Ley 361 de 1997, "por la cual se establecen mecanismos de integración social de las personas con limitación y se dictan otras disposiciones"

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LAW 1287 OF 2009

(March 3)

Official Journal No. 47,280 of 3 March 2009

CONGRESS OF THE REPUBLIC

For which the 1997 361 Act is added.

COLOMBIA CONGRESS

DECRETA:

CHAPTER I.

OF THE DEFINITIONS.

ARTICLE 1o. DEFINITIONS. For the purposes of proper understanding and application of this law, the following definitions are laid down:

Parking Blot: A complementary part of the structure of the track used as a transition zone between the driveway and the platform for vehicle parking.

Reduced Mobility: It is the restriction to move that some people present due to a disability or that without being disabled have some kind of limitation in their ability to relate to the environment. have to access or move within a space, save levels, reach objects at normal heights.

Accessibility: Condition that allows, in any space or environment either inside or outside, the easy and safe displacement of the general population and the use in reliable, efficient and autonomous way of services installed.

CHAPTER II.

OF THE PARKING BAYS.

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ARTICLE 2o. Autorize the parking of vehicles in the parking bays defined by Law 769 of 2002 to persons with reduced mobility, whether they are drivers or companions.

PARAGRAFO. The competent municipal and district authorities will enable and regulate for the benefit of persons with reduced mobility the use of parking bays. By the use of bays, the legally established fees may be charged.

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ARTICLE 3o. In order to ensure the mobility of persons with reduced mobility, municipal and district authorities shall authorize the construction of parking bays and shall have access to sites where they exist, as well as in hospitals, clinics, health care institutions, financial institutions, shopping centers, supermarkets, public service providers, parks, residential units, new housing estates, buildings for public spectacles, sports units, self-cinemas, educational centres, public and private buildings, duly signposted and demarcated parking places for persons with disabilities and/or reduced mobility, or whose capacity for guidance is it is diminished by reason of age or disease, with the international dimensions at a minimum percentage equivalent to two per cent (2%) of total eligible parking. In no case may there be less than one (1) space enabled, duly signposted with the international symbol of accessibility, in accordance with the provisions of Decree 1660 of 2003.

PARAGRAFO. For the purposes set out in this article, a person is considered to be diminished in his or her orientation capacity by reason of age, when he has or exceeds sixty-five (65) years.

Effective Case-law
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ARTICLE 4. In those municipalities and districts in which the existing parking bays have been closed, their authorities will proceed to enable them from the entry into force of the This law and any citizen may turn to the enforcement action to enforce the provisions of the law.

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CHAPTER III.

OF PHYSICAL MEDIA ACCESSIBILITY.

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ARTICLE 5o. Natural or legal persons, public or private, the entities referred to in Article 3or this law, as well as the government authorities of the national, departmental, county and municipal level that do not comply with the provisions of Title IV, Chapters I and II of Law 361 of 1997, and in the Regulatory Decree 1538 of 2005 on accessibility to the environment physical, removal of architectural barriers, access to spaces of use public, public roads, buildings open to the public and buildings for housing, shall be sanctioned in accordance with the provisions of Chapter IV of this Law.

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CHAPTER IV.

OF THE SANTIONS.

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ARTICLE 6o. For those who fail to comply with this law, the following penalties apply to them:

For natural or legal persons, a penalty will be applied that will be between fifty (50) and up to two hundred (200) daily minimum legal wages in force.

For government authorities that do not comply with the provisions of this Law and other disability standards will be sanctioned as provided for in the Law on Administrative Responsibilities of Public Servants and other standards. applicable, as serious and causal misconduct.

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ARTICLE 7o. The Ministry of Environment, Housing and Territorial Development and the Ministry of Transport will monitor compliance with the provisions of this law.

CHAPTER V.

FINAL PROVISIONS.

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ARTICLE 8. This law is added to the other rules that protect the rights of persons with disabilities, in order to ensure the full effectiveness of their rights as well as their enforceability.

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ARTICLE 9o. This law governs from the date of its publication and repeals any provisions that are contrary to it.

The President of the honorable Senate of the Republic,

HERNAN FRANCISCO ANDRADE SERRANO.

The Secretary General of the honorable Senate of the Republic,

EMILIO OTERO DAJUD.

The President of the honorable House of Representatives,

GERMAN MALE COTRINO.

The Secretary General of the honorable House of Representatives,

JESUS ALFONSO RODRIGUEZ CAMARGO.

COLOMBIA-NATIONAL GOVERNMENT

Publish and comply.

Dada en Bogotá, D. C., a 3 de marzo de 2009.

ALVARO URIBE VELEZ

The Minister of Social Protection,

DIEGO PALACIO BETANCOURT.

The Minister of Transport,

ANDRES URIEL GALLEGO HENAO.

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