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.
[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.
B. Any person who violates the provisions of Subsection
A(1) through
(4) as set forth above shall be guilty of an offense punishable by a fine not to exceed $125.
[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.
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.