[Adopted 9-14-1982 by L.L. No. 19-1982 (Ch. 372, Art. II,
of the 1985 Code)]
Section 1203-c of the Vehicle and Traffic Law establishes requirements
for the owners of a shopping center or facility with at least five
separate retail stores and at least 20 off-street parking spaces concerning
the provision of a minimum number of such spaces for handicapped parking.
The penalties imposed under this section of the Vehicle and Traffic
Law are made subject to the provisions of local legislation. It is
the intent of this Legislature to impose more stringent penalties
for such illegal parking and to utilize the revenues derived from
such penalties to improve handicapped facilities within the County.
A.
Section 1203-c of the Vehicle and Traffic Law shall be interpreted
as follows: Any person, firm or corporation owning a shopping center
or facility with at least five separate retail stores and at least
20 off-street parking spaces which are provided for use by the shopping
public must designate as only for the handicapped and clearly mark
for use by the handicapped a minimum of 5% of such parking spaces
or 10 such spaces, whichever is less. These spaces must be located
as close as reasonably practicable to the shopping center facility
and be reasonably distributed so as to provide convenient access for
use by handicapped drivers. Such parking spaces are to be used either
by handicapped drivers displaying a special municipal parking permit
(as defined in Vehicle and Traffic Law § 1203-a and distributed
by the Commissioner of Motor Vehicles to local governing bodies to
be issued to handicapped persons who reside in such locality) or by
motor vehicles registered in accordance with Vehicle and Traffic Law
§ 404-a and being used for the transportation of a handicapped
person.
B.
The parking spaces designated pursuant to the provisions of this
section shall be clearly identified for use by handicapped drivers,
which designation may include the use of blue painted lines or markings
and the international symbol of access.
[Amended 8-11-1998 by L.L. No. 20-1998; 3-13-2001 by L.L. No.
5-2001]
Any person who parks in spaces clearly marked for use by the
handicapped, in accordance with § 1203-c of the Vehicle
and Traffic Law, without a special municipal parking permit or whose
motor vehicle is not registered in accordance with § 404-a
of the New York Vehicle and Traffic Law and being used for the transportation
of a handicapped person shall be subject to a fine of $150 for the
first offense and $200 for every offense thereafter. This fine shall
be imposed in addition to whatever fine is imposed under § 1203-c,
Subdivision 4, of the New York Vehicle and Traffic Law.
[Amended 7-14-1987 by L.L. No. 29-1987]
A.
This article shall be enforced by those public officials charged
with the duty of enforcing the New York Vehicle and Traffic Law.
B.
The Suffolk County Director of Handicapped Services is hereby authorized,
empowered and directed to establish a program to utilize volunteers
with cameras to survey parking lots for the purpose of photographing
automobile vehicles parked in violation of the provisions of this
article and/or §§ 1203 and 1203-c of the New York Vehicle
and Traffic Law, together with the car license plate, the handicapped
parking sign and the blue striping designating said space as a reserved
handicapped parking space. This program shall include, but not be
limited to, the issuance of identification cards to such volunteers
with names and pictures affixed thereto to be used in the event that
police officers need more identification from the volunteer, schedules
to allow for the placement of people in various areas of the County
on different days on a rotating basis so as not to leave any areas
unpatrolled or duplicated, a system of reminder letters to people
who are cited for handicapped parking violations, and:
(1)
Volunteers shall be required to wear large badges identifying the
persons as part of this volunteer program with an identification number
corresponding to a list of volunteers kept in the County Office of
Handicapped Services.
(2)
Cameras shall be provided to such volunteers by the County, together
with funding for the development of film.
(3)
The program shall also include a procedure by which the Police Department
may be requested and empowered to prepare the necessary deposition
for signature by the volunteer who actually witnessed the infraction,
administer the necessary oath for verification, prepare the necessary
information for presentation to the appropriate court, and to forward
all pertinent documents to said court, together with requirement that
the Police Department arrange to send, via certified mail, return
receipt requested, an appearance ticket advising the registered owner
of the motor vehicle when and where to appear in court and what charge
has been lodged against him.
C.
The Director of the Suffolk County Division of Handicapped Services
is hereby authorized and empowered to promulgate and issue such rules
and regulations as he shall deem necessary and sufficient to implement
the provisions of this article.
D.
The Director of the Suffolk County Division of Handicapped Services
is hereby authorized and empowered to develop this program in conjunction
with the Suffolk County Police Department, District Attorney's Office,
the District Court Clerk's Office, and State Department of Motor Vehicles.
E.
The Director of the Suffolk County Division of Handicapped Services
is hereby authorized and empowered to issue appearance tickets and
to enforce handicapped parking laws in connection with this article.
[1]
Editor's Note: The Office of Handicapped Services referred
to in this section was changed to the "Office for People with Disabilities"
6-7-2011 by Res. No. 443-2011. In addition, "Director of Handicapped
Services" was changed to "Director of Office for People with Disabilities."
The proceeds of the fines collected pursuant to this article
shall be turned over to the County of Suffolk and shall be used by
the County for the sole purpose of improving handicapped facilities
in the County of Suffolk.
[Added 8-11-1998 by L.L. No. 21-1998]
Any person who knowingly dumps or shovels snow onto a parking
place for handicapped persons rendering such place unusable for parking
purposes shall be subject to a fine of $50 for the first offense and
a fine not to exceed $200 for every offense thereafter.
