[Adopted 8-28-1978 by L.L. No. 10-1978 (Ch. 87, Art. XX, of the 1968 Code)]
Pursuant to § 1203-a of the Vehicle
and Traffic Law of the State of New York, the Clerk of the Village
of Patchogue is hereby designated as the issuing agent of permits
for the handicapped.
A.
The issuing agent shall issue permits for handicapped
parking upon his receipt of a completed application executed by the
handicapped person, or by the parent or guardian of a minor handicapped
person, upon a form to be provided by the issuing agent, provided
that said application shall be accompanied by a medical certification
relating to the applicant or such minor child, which certification
shall be made by a physician licensed to practice medicine in the
State of New York and which certification shall establish that the
applicant or such minor child is qualified to receive such permit
pursuant to the qualifications set forth below.
B.
A person shall be qualified to receive a handicapped
parking permit if such person:
(1)
Has limited or no use of one or both lower limbs;
or
(2)
Has a neuromuscular dysfunction which severely limits
mobility; or
(3)
Has a pulmonary or cardiovascular condition which
limits mobility or severely limits the individual's activities in
the open air; or
(4)
Has a physical or mental impairment or condition,
other than those specified above, but of such a nature as to impose
an unusual hardship in connection with physical mobility so as to
render it medically desirable that such person be permitted to use
handicapped parking facilities, if such condition is certified by
a physician duly licensed to practice medicine in New York State as
constituting a degree of disability (specifying the particular condition)
equal to those set forth in the preceding subsections hereof so as
to prevent such person from having physical mobility as a pedestrian
without great difficulty.
C.
Each permit issued hereunder shall bear the license
plate number of those vehicles in which the handicapped person customarily
rides. The application shall also be accompanied by valid New York
State registration certificates for each of said vehicles.
D.
The permit to be issued shall be in the form of a
sticker to be provided by New York State pursuant to § 1203-a
of the Vehicle and Traffic Law, which sticker shall be affixed to
each vehicle for which the registration is included in the application.
Each such sticker or permit shall expire upon the expiration date
of the registration certificate concerned but shall be renewed upon
an application accompanied by the renewal registration certificate
for any succeeding period of time or by a valid registration certificate
for any other or different vehicle which the applicant or his parent
or guardian shall certify as being a vehicle in which the applicant
customarily rides.
The issuing agent may suspend or revoke any
permit or refuse to renew any permit upon a finding that:
A.
The applicant has made a material false statement
in the application; or
B.
The applicant has used or permitted the use of the
permit contrary to conditions set forth in the permit and in this
article; or
C.
The applicant has failed to comply with or observe
any of the conditions of the application and/or of the permit; or
D.
The applicant shall have failed to have notified the
issuing agent of any change of address or disability within 10 days
after such change.
Upon denial of an application for a permit or
a renewal or upon a suspension or revocation of a permit, the applicant
may make written request for a hearing. The issuing agent shall grant
such hearing, to be held before him, within 10 days after his receipt
of such written request. The written request must be filed with the
issuing agent no later than 30 days following notification of the
applicant of the action as to which the hearing is requested. The
issuing agent shall in any event notify the applicant within 21 days
after receipt of the completed application as to its approval or disapproval.
If the application is disapproved, a statement setting forth the reasons
for disapproval shall be provided.
The Board of Trustees of the Village of Patchogue
may from time to time designate parking stalls or other parking areas
within the Village to be restricted to parking for handicapped persons
only. Any such parking stalls or areas shall then be suitably marked
and posted with appropriate signs designating such restriction. After
such parking stalls or areas shall have been so marked and/or signs
shall have been posted, no person shall park within any parking stall
or area except for vehicles bearing a valid handicapped parking permit
sticker issued by a duly constituted issuing agent within the State
of New York, which vehicle shall actually be engaged in delivering
a handicapped person as defined in this article or picking up such
handicapped person.
[Amended 2-8-1982 by L.L. No. 8-1982[1]; 5-23-1994 by L.L. No. 5-1994; 8-26-1996 by L.L. No.
17-1996[2]]
The fine imposed for illegally parking in a
parking stall or area restricted to handicapped parking shall be a
minimum of $100 for the first offense.
