Town of Elmira, NY Chapter 158 Parking

[HISTORY: Adopted by the Town Board of the Town of Elmira as indicated in article histories. Amendments noted where applicable.]

GENERAL REFERENCES

Vehicles and traffic — See Ch. 210.

Article I Parking Permits

[Adopted 1980]

§ 158-1 Issuing agent.

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.

§ 158-2 Definitions.

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.

§ 158-3 Suspension, revocation or refusal to renew.

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.

§ 158-4 Permit conditions.

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:

Town Hall Town of Elmira 1255 West Water Street Elmira, New York 14905

§ 158-5 Forms.

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.