Pursuant to Chapter 838 of the Laws of 1977
of the State of New York,[1] the Town Board of the Town of Rotterdam hereby establishes
and adopts guidelines for determining eligibility for handicapped
parking permits and establishes a Review Board of Appeals to hear
and determine any appeals from the denial, suspension, refusal or
revocation for handicapped parking permits issued by or applied for
to the Town Clerk of the Town of Rotterdam, previously designated
and authorized as the issuing agent for such permits.
[1]
Editor's Note: See Vehicle and Traffic Law § 1203-a.
The guidelines for handicapped parking permits
and the Review Board of Appeals to hear and determine appeals upon
denial of an application for a permit or upon a suspension or revocation
of a permit are as follows and are as prepared by the Office of Advocate
for the Disabled of the State of New York.
The Review Board of Appeals is hereby established
to provide a due process procedure in the event of a denial, suspension
or revocation of a handicapped parking permit, and said Review Board
shall consist of the following persons:
Guidelines, notice and application for handicapped
parking permits are attached hereto as follows:
A.
HANDICAPPED PERSON
(1)
(2)
(3)
Definitions. As used herein, the following terms shall
have the meanings indicated:
For the purpose of § 1203-a of the Vehicle and
Traffic Law (Chapter 838 of the Laws of 1977):
Any person who has any one or more of the following
impairments, disabilities or conditions which are permanent in nature:
A person whose physical or mental impairment
or condition is other than those specified above but is of such nature
as to impose unusual hardships in utilization of public transportation
facilities, and such condition is certified by a physician duly licensed
to practice medicine in this state as constituting an equal degree
of disability (specifying the particular condition) so as to prevent
such person from getting around without great difficulty.
A child with any one or more of the impairments
or conditions listed above.
B.
Notice; conditions of application.
(1)
There shall be a suspension, revocation or refusal
to issue or renew any permit if the issuing agent determines that
any applicant or parent or guardian of any applicant:
(2)
The applicant or parent or guardian of such applicant
shall notify the issuing agent of any change of address or disability
within 10 days after such change, and the issuing agent shall cancel
such permit upon failure to give such notice.
(3)
Upon denial of an application for a permit or upon
a suspension or revocation of a permit, the issuing agent shall grant
a hearing to an applicant therefor within 10 days after written request
is received for such hearing. The applicant may be heard in person
or by counsel. The hearing on said objections or charges shall be
at such time and place as the issuing agent may designate. Notice
requesting such hearing must be filed with the issuing agent no later
than 30 days following notification of disapproval, termination or
suspension.
(4)
Within 21 days after receipt of a completed application,
the applicant will be notified whether the application has been approved
or disapproved. If disapproved, a statement setting forth the reasons
for disapproval will be provided.
(5)
Applications must be fully completed and properly
executed. All questions must be answered and medical certification
must accompany the application. Incomplete applications or failure
to attach the medical certification will result in disapproval.
(6)
Applications and other notices shall be mailed or
delivered personally to the issuing agent as follows:
|
Issuing Agent: Town Clerk
Town of Rotterdam Town Hall
1100 Vinewood Avenue
Rotterdam, New York 12306
|
C.
The application form for handicapped parking permits
is on file in the office of the Town Clerk.
[Added 2-22-1995 by L.L. No. 1-1995; amended 2-26-1997 by L.L. No. 4-1997]
A.
ACCESSIBLE ROUTE
HANDICAP PARKING SPACE
Definitions. As used in this section, the following
terms shall have the meanings indicated:
A clearly marked path a minimum of 36 inches in width connecting
a handicap parking space to an accessible entrance.
A parking space for persons with disabilities clearly marked
on pavement and identified with a permanent sign showing the international
symbol of accessibility which complies with ANSI A117.1. Dimensions
for handicap parking spaces shall be a minimum of 96 inches in width
and have an adjacent access aisle a minimum of 60 inches in width.
Van-accessible parking spaces shall have an access aisle a minimum
of 96 inches in width.
B.
Unauthorized parking prohibited. The parking or standing
of a motor vehicle clearly marked for use by the handicapped on any
lands and premises in the Town of Rotterdam is prohibited except by
a person to whom there has been issued and who holds a valid special
parking permit issued pursuant to the State of New York Vehicle and
Traffic Law or issued pursuant to the Code of the Town of Rotterdam
by the Rotterdam Town Clerk, who is the designated issuing agent for
the Town of Rotterdam. The parking or standing of a motor vehicle
in any adjoining handicapped access aisle or access route to a handicapped
parking space on any lands in the Town of Rotterdam is prohibited
by all vehicles, including those vehicles used by a handicapped person
to whom a valid special parking permit has been issued by the Rotterdam
Town Clerk.
C.
All permanent handicapped parking signs that have
been erected on lands located in the Town of Rotterdam pursuant to
the requirements of the Americans with Disabilities Act (ADA) signed
into law on July 26, 1990, and any amendments hereto, which permanent
signs have been knocked down, removed or destroyed, must, upon written
notice by the Town of Rotterdam, be re-erected in their proper place
within 10 days from the receipt of said notice by the property owner
or lessee responsible for said permanent handicapped signs. Pavement
markings delineating handicapped parking spaces and accessible routes
as defined above that are missing, illegible, indistinguishable, or
not in conformity with the New York State Building Code must, upon
written notice from the Town of Rotterdam, be repainted, replaced,
or repaired within 30 days from the receipt of said notice.
[Amended 9-10-2003 by L.L. No. 18-2003]
D.
Penalties for offenses. Any violation of the provisions of § 266-35B, Unauthorized parking prohibited, shall subject such violator to a civil penalty of $125 for each violation. Any violation of the provisions of § 266-35C (handicapped parking sign) shall subject such violator to a penalty of $125.
[Amended 9-10-2003 by L.L. No. 18-2003]
E.
Towing of violating vehicle. In addition to the penalties provided in § 266-35D of this chapter, whenever a motor vehicle is parked or left unattended in a prohibited area as defined in § 266-35A of this chapter, such motor vehicle may be removed and stored by the Town of Rotterdam or any officer, employee or agent thereof. The owner of such motor vehicle shall be liable to the Town of Rotterdam or its officer, employee or agent for the reasonable costs of such removal and storage not exceeding the sum of $200, payment of which is required prior to the release of such motor vehicle.
F.
Provisions of this article shall be enforced by the
Building Inspector Code Enforcement Officer.
[Added 9-10-2003 by L.L. No. 18-2003]
