As used in this article, the following terms shall have the
meanings indicated:
CLEAN PASS VEHICLE
Any vehicle that displays a Clean Pass vehicle sticker issued
by the New York State Department of Motor Vehicles certifying that
the vehicle is certified to the California super ultra-low-emission
vehicle (SULEV) standard and achieves a US EPA highway fuel economy
rating of 45 miles per gallon or more; or a pre-model-year 2005 hybrid
vehicle which is certified to the California ultra-low-emission vehicle
(ULEV) standard and achieves a US EPA highway fuel economy rating
of 45 miles per gallon or more.
COMMISSIONER
The Commissioner of the Suffolk County Department of Public
Works.
COUNTY FACILITY
Any building or facility owned by the County of Suffolk or
under the jurisdiction of the County of Suffolk, including buildings
and facilities owned by the County or leased by the County and otherwise
under the control of the County of Suffolk.
MOTORCYCLE
A motor vehicle with motor power, having a seat or a saddle
for the rider's use and designed to travel on not more than three
wheels in contact with the ground.
[Added 4-4-2023 by L.L. No. 15-2023]
PARKS COMMISSIONER
The Commissioner of the Suffolk County Department of Parks,
Recreation and Conservation.
[Added 4-28-2009 by L.L. No. 13-2009]
[Amended 4-28-2009 by L.L. No. 13-2009; 6-22-2010 by L.L. No.
38-2010; 4-4-2023 by L.L. No. 15-2023]
A. Notwithstanding any provision of law to the contrary, the Commissioner
is hereby authorized, empowered and directed to designate a minimum
of 2% of parking spaces at all County facilities, except County facilities
under the jurisdiction of the Parks Commissioner, for the exclusive
use of parking by the owners/operators of Clean Pass vehicles and
motorcycles.
B. Notwithstanding any provision of law to the contrary, the Parks Commissioner
is hereby authorized, empowered and directed to designate a minimum
of 2% of parking spaces at all County facilities under his jurisdiction
for the exclusive use of parking by the owners/operators of Clean
Pass vehicles and motorcycles.
C. Such designated spaces shall be clearly marked for use by owners/operators
of either a Clean Pass vehicle or no more than two motorcycles. The
Commissioner and Parks Commissioner shall cause such appropriate signs
to be erected and pavement markings to be made to clearly mark these
parking spaces and allow for the enforcement of this article. Notwithstanding
the foregoing, nothing contained herein shall require pavement markings
delineating the area in the space for each allowed motorcycle.
D. To the extent practicable, spaces designated for parking by owners/operators
of Clean Pass vehicles or motorcycles shall be located in the immediate
vicinity of an entrance to each County facility. In no event, however,
shall Clean Pass or motorcycle parking spaces be located closer to
a facility entrance than those spaces designated for use by the handicapped.
E. Spaces designated for Clean Pass vehicles or motorcycles may be used
by vehicles with handicapped permits when all designated handicapped
parking spaces are occupied.
F. If the Commissioner or Parks Commissioner determines it is impossible
or impracticable to designate 2% of parking spaces for Clean Pass
vehicles or motorcycles at a specific County facility, he or she shall
so advise the County Executive and each member of the County Legislature,
in writing, and enumerate the reasons why Clean Pass/motorcycle spaces
cannot be designated at a County facility. The County Legislature
may override such determination by a duly enacted resolution.
[Amended 6-22-2010 by L.L. No. 38-2010; 4-4-2023 by L.L. No. 15-2023]
Except for vehicles that are parked in accordance with §
639-30E, any non-Clean-Pass vehicle, that is not a motorcycle, that is parked in a parking space reserved for Clean Pass vehicles or for motorcycles shall be deemed to be in violation of this article, and the owner of such vehicle shall be responsible for the penalty imposed hereunder.
[Amended 4-28-2009 by L.L. No. 13-2009]
The provisions of this article shall be enforced by the Suffolk
County Police Department, the Suffolk County Sheriff, and the Suffolk
County Park Police.
Any person violating the provisions of this article shall be
guilty of an offense and be punishable by a fine not to exceed $100.
This article shall apply to actions occurring on or after the
effective date of this article.
This article shall take effect on the 120th day immediately
subsequent to filing in the Office of the Secretary of State.