[Adopted 12-5-1988 by L.L. No. 3-1988 (Ch. 18 of the 1973 Code)]
This article is enacted pursuant to Municipal Home Rule Law § 10 and the Vehicle and Traffic Law §§ 1203-a, 1203-b and 1660, Subdivision (a)25.
The purpose of this article is to implement Vehicle and Traffic Law § 1203-a by providing for the issuance and use of parking permits for handicapped persons and by requiring a designated number of parking spaces for handicapped persons.
The following definitions shall be applicable to this article:
- HANDICAPPED PERSON
- 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 shall include a severely disabled person as defined by Vehicle and Traffic Law § 404-a, Subdivision (4).
- TEMPORARILY DISABLED PERSON
- Any person who does not have a permit issued pursuant to Vehicle and Traffic Law § 1203-a, or pursuant to this article, or 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 their 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.
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.
The Town Clerk of the Town of Grand Island, or any other employee of the Town of Grand Island so designated by the Town Clerk, is herein designated as the authorized issuing agent for special parking permits to handicapped residents of the Town of Grand Island.
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 permits 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 on any other reasonable conditions upon said permit.
The issuing agent may suspend or revoke any permit or refuse to renew any permit upon finding that:
The applicant has made a material false statement in the application;
The applicant has used or permitted the use of the permit contrary to the conditions set forth in the permit and in this article;
The applicant has failed to comply with or observe any of the conditions of the application and/or of the permit; or
The applicant shall have failed to notify the issuing agent of any change of address or disability within 10 days after such change.
The Town 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 Town shall be set forth and maintained in a register in the Town Clerk's office located in the Town Hall in the Town of Grand Island.
The establishment of handicapped parking spaces by the Town of Grand Island shall be in addition to any handicapped parking spaces that are established by the owners of real property in the Town of Grand Island. 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 10-5-1992 by L.L. No. 2-1992]
After establishment of specially marked parking spaces for handicapped persons or temporarily disabled persons by the Town of Grand Island or any owner of real property, no person shall park any vehicle in such 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 Town of Grand Island or the vehicle displays a designation issued by the Commissioner of Motor Vehicles pursuant to Vehicle and Traffic Law § 404-a.
Editor's Note: Original Section 18-8, Requirements for number and location of spaces; site plan compliance; enforcement, as amended 10-5-1992 by L.L. No. 2-1992, and Section 18-9, Marking of spaces; exceptions, as amended 5-15-1989 by L.L. No. 3-1989 and 10-5-1992 by L.L. No. 2-1992, which immediately followed this section, were deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
[Amended 10-5-1992 by L.L. No. 2-1992]
It shall be unlawful for any person to knowingly destroy or deface any handicapped parking space or sign or pavement marking designating such handicapped parking space. It shall also be unlawful for any person, firm, or corporation to fail to provide the required number of clearly marked spaces only for the handicapped in accordance with this chapter and any other law.