The Town Clerk of the Town of Elmira is hereby appointed issuing
agent for special parking permits issued to the Town by the New York
State Commissioner of Motor Vehicles pursuant to Vehicle and Traffic
Law § 1203-a.
As used in this article, the following terms shall have the
meanings indicated:
HANDICAPPED PERSON
Any person who has any one or more of the following impairments,
disabilities or conditions which are permanent in nature:
A.
Has limited or no use of one or both lower limbs.
B.
Has a neuromuscular dysfunction which severely limits mobility.
C.
Has a pulmonary or cardiovascular condition which limits mobility
or severely limits the individual's activities in the open air.
D.
A physical or mental impairment or condition other than those
specified above, but which 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.
E.
A child with any one or more of the impairments or conditions
listed above.
The issuing agent may suspend, revoke or refuse to issue or
renew a permit if it is determined that any applicant or parent or
guardian of any applicant:
A. Has made a material false statement in the application;
B. Has used or permitted the use of the permit contrary to conditions
set forth in the permit; or
C. Failed to comply with or observe any of the conditions of the application
and/or the permit.
In the event of applications, suspensions, revocations or denials,
the following conditions shall apply:
A. 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.
B. 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.
C. 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.
D. 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.
E. Applications and other notices shall be mailed or delivered personally
to the issuing agent as follows:
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Town Hall
Town of Elmira
1255 West Water Street
Elmira, New York 14905
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The application for a handicapped parking permit and the medical
certification to accompany it shall be on forms supplied and distributed
by the issuing agent and of a design determined by the Commissioner
of Motor Vehicles.