[Adopted 2-4-1991 by L.L. No. 1-1991]
The purpose of adding this Article IX is to provide for the issuance and use of parking permits for handicapped persons and by requiring a designated number of parking spaces for handicapped persons.
A.
HANDICAPPED PERSON
TEMPORARILY DISABLED PERSON
VEHICLE
The following definitions shall be applicable to this article:
Such person or persons within the meaning, intent and usage
of such phrase in Vehicle and Traffic Law §§ 1203-a,
1203-b and 1203-c and includes a severely disabled person as defined
by Vehicle and Traffic Law § 404-a, Subdivision 4.
Any person who does not have a permit issued pursuant to
Vehicle and Traffic Law § 1203-a or pursuant to this article
nor a motor vehicle registered pursuant to Vehicle and Traffic Law
§ 404-a but, by reason of physical or mental defect or incapacity,
is temporarily and significantly restricted in his vision or ability
to walk, ambulate or move about.
Any motor vehicle, as defined by Vehicle and Traffic Law
§ 125, or motorcycle, as defined in Vehicle and Traffic
Law § 123, or house coach, as defined in Vehicle and Traffic
Law § 119.
B.
For purposes of this article, those definitions established or guidelines
used by the State Advocate for the Disabled shall be applicable to
this article and are incorporated herein.
A.
The Village Clerk of the Village of Liberty is herein designated
as the authorized issuing agent for special parking permits to handicapped
and temporarily disabled residents of the Village of Liberty. All
permits are for applicants' use only.
B.
Upon submission of an application for a handicapped parking permit
to the issuing agent and by submission of a statement from a licensed
physician setting forth that the applicant is a handicapped person
or is temporarily disabled and is in need of special parking privileges,
the issuing agent shall issue a handicapped parking permit to the
applicant, to be issued in accordance with the provisions of the Vehicle
and Traffic Law of the State of New York and this article. Said permit
may be issued on a permanent or temporary basis depending upon the
applicant's need as indicated by the physician's statement
The issuing agent shall have authority to impose any other reasonable
conditions upon said permit.
[Amended 11-9-2009 by L.L. No. 3-2009]
A.
The issuing
agent may suspend or revoke any permit or refuse to renew any permit
upon finding that:
(1)
The
applicant has made a material false statement in the application;
(2)
The applicant has used or permitted the use of the permit contrary to the conditions set forth in the permit and in this Article IX;
(3)
The
applicant has failed to comply with or observe any of the conditions
of the application and/or of the permit; or
(4)
The
applicant shall have failed to notify the issuing agent of any change
of address or disability within 10 days after such change.
A.
The Village shall designate certain parking spaces to be parking
spaces for handicapped persons and/or temporarily disabled persons.
These handicapped parking spaces so designated by the Village shall
be set forth and maintained in a register in the Village Clerk's
office, located in the Municipal Building in the Village of Liberty.
B.
The establishment of handicapped parking spaces by the Village of
Liberty shall be in addition to any handicapped parking spaces that
are established by the owners of real property in the Village of Liberty.
It shall not be a defense to the prosecution of a violation of this
article that a parking space which has been marked as a handicapped
parking space is not designated in the register of handicapped parking
spaces.
[Amended 11-9-2009 by L.L. No. 3-2009]
A.
After the establishment of specially marked parking spaces for handicapped
persons or temporarily disabled persons by the Village of Liberty
or any owner of real property, no person shall park any vehicle in
such a space or otherwise block or impede parking in such spaces unless
a handicapped person or temporarily disabled person is either a passenger,
driver or occupant of the vehicle and the vehicle displays a handicapped
parking permit issued by the Village of Liberty or another municipality
or the vehicle displays a designation issued by the Commissioner of
Motor Vehicle pursuant to Vehicle and Traffic Law § 404-a.
B.
Any person who violates the above subsection of this article shall
be guilty of an offense punishable by a fine of up to $80 for each
offense.
The required number of handicapped parking spaces set forth
herein shall apply as follows:
A.
Any owner of 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 marked for use by the handicapped a minimum
of 5% of such parking spaces or 10 spaces, whichever is less.
B.
All other new and existing nonresidential sites that have a public
parking area for 10 or more vehicles, including but not limited to
stores, shops, restaurants, office buildings, warehouses, storage
buildings, professional offices, convalescent homes, schools and public
buildings, shall designate the following number of parking spaces:
|
Total Parking
(number of spaces)
|
Handicapped Parking
(number of spaces)
|
|---|---|
|
10 to 20
|
1
|
|
21 to 40
|
2
|
|
41 to 60
|
3
|
|
61 to 80
|
4
|
|
81 to 100
|
5
|
C.
For all sites having total parking spaces in excess of 100, the number
of handicapped spaces shall be determined by the Village Code Enforcement
Officer.
D.
Parking spaces for handicapped persons shall be located as close
as possible to elevators, ramps, walkups and entrances and shall be
so located that the handicapped person is not compelled to wheel or
walk behind parked vehicles to reach entrances, ramps, walkups and
elevators.
E.
The exact location of parking spaces shall be determined by the Code
Enforcement Officer of the Village of Liberty.
F.
Site plans submitted to the Village Planning Board for proposed facilities
shall illustrate compliance with this article. No site plan containing
off-street parking shall be approved if not in compliance with this
article.
G.
The Village Manager shall designate any person or persons on behalf
of the Village of Liberty to conduct a survey of existing handicapped
parking spaces for new or existing sites affected by this article
and to coordinate and ensure compliance of such sites with this article.
A.
Each space designated for handicapped parking shall be not less than
10 feet wide, in addition to an adjacent access aisle which shall
be not less than five feet wide and crosshatched on each side of a
handicapped parking space. In the event that two handicapped parking
spaces are adjacent, one common five-foot crosshatched area may be
used to service the adjacent handicapped parking stalls.
B.
Each space shall be designated by signs and white lettering against
a blue background and bearing the wording "Handicapped Parking" and
shall display the international symbol of access. Each sign shall
be at least 18 inches in height and 12 inches in width. Each sign
shall be erected in the center of the handicapped parking stall at
a point in the back of the stall so as to be easily visible to the
driver of the vehicle when he enters the parking stall and his car
is in the proposed parking position. The center of each sign shall
be at a height of four feet above the parking surface. There shall
be one sign for each handicapped parking stall. Such signs shall be
erected, installed and maintained by and at the expense of the owner
of the real property upon which the handicapped parking stall is located.
C.
Exceptions to and variances from these standards must be approved
by the Village Code Enforcement Officer.
A.
Any person who knowingly destroys or defaces any handicapped parking
space or a sign or pavement marking designating such handicapped parking
space shall be guilty of an offense punishable by a fine not to exceed
$50.
B.
In addition to any other penalty or cost provided herein, any person
who knowingly refuses to provide the required number of handicapped
parking spaces established by this article or any state law shall
be guilty of an offense punishable by a fine not to exceed $50 for
the first offense and not to exceed $100 for any subsequent offense.
If any clause, sentence, phrase, paragraph or any part of this
article shall for any reason be adjudged finally by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair
or invalidate the remainder of this article but shall be confined
in its operation and effect to the clause, sentence, phrase, paragraph
or part thereof directly involved in the controversy or action in
which such judgment shall have been rendered. It is hereby declared
to be the legislative intent that the remainder of this article would
have been adopted had any such provisions not been included.
This article shall take effect immediately.
