There shall be in and for the City of Yonkers the Yonkers Handicapped
Parking Board.
A.
The Yonkers Handicapped Parking Board shall be appointed by the Mayor
with the approval and consent of the City Council, to serve as a determining
Board for the granting of residential handicapped parking spaces and
to serve without pay for a period of two years from the date of appointment,
unless terminated sooner.
B.
The Board shall be composed of five members selected for their knowledge,
judgment and expertise in areas pertinent to this Board's purpose.
These five members shall consist of one member from each of the following
groups:
(1)
A representative of the Mayor.
(2)
A representative of the Traffic Engineer.
(3)
A representative of the Office for the Handicapped, who shall
act as Chairperson of the Board.
(4)
A doctor who is a resident of the City of Yonkers. "Residency,"
for the purpose of this Board only, shall mean a place of residence
in the City of Yonkers or a place of medical practice within the City
of Yonkers.
(5)
A handicapped consumer who is a resident of the City of Yonkers.
C.
The powers of the Board shall be exercised by a majority of the total
members of the Board.
A.
The Office of the Handicapped of the City of Yonkers has received
many and repeated requests for permanent parking spaces designated
for the use of the handicapped. With the continued desire of the City
to assist the handicapped within the parameters of federal, state
and county law and the sovereign laws of the City of Yonkers, it is
desirable that the Yonkers Handicapped Parking Board be created. Said
Board shall review and analyze applications presented to it for residential
parking spaces.
B.
This Board shall attempt to relieve the problems caused by the obstacles
to the mobility and/or impaired mobility of the handicapped population
of the City of Yonkers who use vehicles.
C.
In order that these purposes shall be effected, all requests for
residential handicapped parking spaces shall be hereafter addressed
to, reviewed by and approved or disapproved by the Yonkers Handicapped
Parking Board.
The Board shall be charged with the responsibility of reviewing
and rendering a final determination on all applications for residential
handicapped parking spaces within the formal boundaries of the City
of Yonkers, New York.
The Board shall be possessed of express powers to enforce its
decision as to the following:
A.
Procedure, changes in procedure and prerequisites for applications.
B.
Approval or disapproval of applications. A denial of approval of
applications shall be an effective bar to further action until 60
days have elapsed from the date of said denial or the applicant can
produce substantial factual proof that would support a reversal of
the Board's decision in the interim period before the next application
can be made.
C.
Fee requirement set for the costs of administering the application
process.
D.
Time period of handicapped parking space permits (i.e., to set the
standard time period that all permits shall be valid before they must
be renewed).
The following shall be the established order of procedure for
the filing of an application for a residential handicapped parking
space so that there will be a minimum of delay in time to the applicant:
A.
In order for an applicant to apply for a handicapped parking space,
he/she must first have a handicapped parking permit which can be obtained
from the Office for the Handicapped. The applicant must show:
B.
Notification will be given to the applicant's adjacent neighbors
that an application has been made for a residential handicapped parking
space, and any objection to the awarding of this space may be forwarded,
in writing, to the Handicapped Parking Board.
C.
All of the above information will be compiled and verified by the
Office for the Handicapped and sent to the Office of the Traffic Engineer.
D.
The Office of the Traffic Engineer will survey the area in which
the request has been made for the effect of the handicapped space
on the traffic flow of the area and the existing parking conditions.
E.
The Office of the Traffic Engineer will then, in writing, advise
of its findings, and the application, along with recommendations,
will be submitted to the Handicapped Parking Board.
F.
The time frame from the point at which the information is sent to
the Traffic Engineer until it is returned by this Department after
completing its survey and report is approximately 10 business days.
At this point, the Handicapped Parking Board will render a final decision.
A.
Except when in compliance with law or the directions of a police
officer, no person shall park any vehicle in any municipal or nonmunicipal
off-street parking lot, facility or space in any space reserved for
and clearly marked for the use of handicapped persons unless the vehicle
is marked or identified with a special municipal parking permit for
handicapped persons, as provided by law, or unless the vehicle is
registered in accordance with § 404-a of the Vehicle and
Traffic Law of the State of New York.
B.
Notwithstanding anything to the contrary, any person convicted of
a violation of this article relating to the unauthorized parking in
spaces reserved for handicapped persons shall be punished by a fine
of not more than $175 for the first offense and $275 for each subsequent
offense.
[Amended 10-11-1994 by G.O. No. 18-1994]
