The purpose of this article is to implement § 1203-a
of the Vehicle and Traffic Law (Chapter 838 of the Laws of New York
of 1977) by providing for the issuance of parking permits for handicapped
persons.
As used in this article, the following terms shall have the
meanings indicated:
HANDICAPPED PERSON
Any person who has one or more of the following impairments,
disabilities or conditions which are permanent in nature:
A.
Limited or no use of one or both lower limbs.
B.
A neuromuscular dysfunction which severely limits mobility.
C.
A pulmonary or cardiovascular condition which limits mobility
or severely limits the individual's activities in the open air.
D.
A person whose physical or mental impairment or condition is
other than those specified above, but is of such a 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.
PERSON
Specifically includes a handicapped person, parent, guardian
and physician.
PHYSICIAN
Any person duly licensed to practice medicine in New York.
VALID HANDICAPPED PARKING PERMIT
A currently effective parking permit lawfully issued to a
handicapped person by the Town of Riverhead or any city, town or village
of New York State.
[Amended 2-3-2009 by L.L. No. 7-2009]
A. A handicapped parking permit shall expire five years from the date
it is issued, unless otherwise specified in this section.
B. A permit issued in replacement of a revoked permit pursuant to §
289-35F of this article shall expire five years from the date that the originally revoked permit was issued.
C. A suspended permit reinstated either pursuant to §
289-35F of this article, or upon the expiration of the period of suspension, shall expire five years from the date it was originally issued.
D. An applicant for renewal of a permit shall comply with all sections
of this article, except that medical certification that the applicant
for permit renewal is a handicapped person may be waived by the Town
Clerk, if based upon the following conditions:
(1) The applicant for permit renewal appears before the Town Clerk at
the time the application for renewal is made.
(2) An ordinary layman can make a reasonable determination that the applicant for permit renewal is a handicapped person as defined in §
289-31 of this article.
(3) The Town Clerk makes a reasonable determination that the applicant for permit renewal is a handicapped person as defined in §
289-31 of this article.
[Amended 7-17-2001 by L.L. No. 10-2001]
A. Any person who stops, stands or parks in spaces clearly marked for
use by the handicapped in accordance with this section, without a
special vehicle identification parking permit or a special municipal
parking permit or whose motor vehicle is not registered in accordance
with § 404-a of the New York State Vehicle and Traffic Law
and being used for the transportation of a handicapped person, or
with such permit or registration and such person is not the one to
whom the permit or registration was issued or is not transporting
the person issued the permit or registration, shall be subject to
a fine of $250 for the first offense, plus a mandatory New York State
handicapped parking surcharge; a fine of $500 for the second offense
occurring within a period of two years within the same municipality,
plus a mandatory New York State handicapped parking surcharge. The
arresting or ticketing officer shall issue a summons to violators
of this section. A ticketing officer issuing a summons pursuant to
this section may provide for the removal and storage of a motor vehicle
illegally parked in a handicapped parking space. Persons failing to
appear on or before the designated return date shall be subject to
the following surcharges in addition to the prescribed fines and mandatory
New York State handicapped parking surcharge:
[Amended 2-3-2004 by L.L. No. 2-2004]
(1) For failing to answer and/or appear within 30 days of return date:
$20.
(2) For failing to answer and/or appear within 60 days: an additional $20 in addition to the surcharge imposed in Subsection
A(1) above.
(3) For failing to answer and/or appear within 90 days of the return date: an additional $20 in addition to the surcharges imposed in Subsection
A(1) and
(2) above.
B. In addition to any other penalties provided for by any law, the Town Clerk may disapprove any application for a handicapped parking permit or suspend or revoke a handicapped parking permit should any applicant or permit holder not comply with any section of Article
VII, including the conditions stipulated in §
289-34 hereunder.
Any person who knowingly dumps, plows or shovels snow onto a
parking place for handicapped persons rendering such place unusable
for parking purposes shall be subject to a fine of $50 per space for
the first offense and a fine not to exceed $200 per space for every
offense thereafter.