[Amended 12-2-1997 by L.L. No. 16-1997]
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.
A. 
The Town Clerk is hereby designated the issuing agent for parking permits for handicapped persons and shall receive applications and other notices pertaining thereto.
B. 
All applications and other notices pursuant to this article shall be addressed to the Town Clerk and shall be mailed or personally delivered to the Town Clerk at Riverhead Town Hall, 200 Howell Avenue, Riverhead, New York 11901.
A. 
Any handicapped person who is a resident of the Town of Riverhead is eligible to make application and to receive a parking permit for handicapped persons.
B. 
The handicapped person need not drive or may be a child.
C. 
The parent or guardian of a handicapped person may make application on behalf of a handicapped person for a permit.
D. 
Applications for said permit must be fully completed and properly executed.
E. 
Medical certification by a physician that the applicant is a handicapped person is required at least for the issuance of the initial permit, which shall be deemed to be a part of the application.
F. 
At any time subsequent to the filing of the application for the permit, or any time after the issuance of the permit, the applicant or parent or guardian of such applicant shall notify the Town Clerk by mail or in person of any change of disability, address, phone, designated vehicle or license plate thereon within 10 days after such change.
G. 
Only the designated vehicles in the application may be parked in the designated parking places for handicapped persons, and the current license plate numbers must be specified on the permit in the space provided for additional information.
H. 
No person shall make a materially false statement in the application or otherwise to obtain or renew said permit.
I. 
No person shall use or permit the use of the permit contrary to any section of this article or any of the conditions specified in the permit or application therefor.
J. 
No person shall fail to comply with or observe any section of this article or any of the conditions specified in the permit or the application therefor.
A. 
Each application for a parking permit for handicapped persons shall be comprised of three parts and require the following information:
(1) 
Part I, to be completed by the handicapped applicant or the parent or guardian on behalf of a handicapped person:
(a) 
Name.
(b) 
Residence.
(c) 
Mailing address.
(d) 
Age.
(e) 
Sex.
(f) 
Residence telephone number.
(g) 
Occupation.
(h) 
Business or school name and address.
(i) 
Business telephone number.
(j) 
Nature of disability.
(k) 
Designated vehicles and license plate numbers.
(l) 
Certification of applicant or parent or guardian.
(2) 
Part II, to be completed by certifying physician:
(a) 
Name of physician.
(b) 
New York State license number.
(c) 
Address.
(d) 
Telephone number.
(e) 
Name of handicapped person.
(f) 
Statement of physician indicating handicapping condition necessitating handicapped parking permit, permanence of condition and limitations imposed by condition.
(g) 
Physician's signature and date.
(3) 
Part III, to be completed by the Town Clerk:
(a) 
Approval or disapproval.
(b) 
Reason for disapproval.
(c) 
Town Clerk's signature and date.
(d) 
The last three digits of the identification number of the driver's license or non-driver identification card of the person to whom the permit is issued, which shall be indelibly inscribed or otherwise marked on the face of such permit.[1]
[1]
Editor's Note: Added at time of adoption of Code (see Ch. 101, General Provisions, Art. I).
B. 
Attached to each application form shall be Article VII, § 289-36, which shall be deemed incorporated therein.
A. 
Upon request by an applicant or a person on his behalf, the Town Clerk shall provide said person with an application form.
B. 
Within 21 days after receipt of a fully completed and properly executed application, the Town Clerk shall notify the applicant, in person or by mail, at the applicant's residence address, or mailing address if different, whether the application has been approved or disapproved. If approved, the Town Clerk shall issue a handicapped parking permit and a photo identification card identifying the individual for whom the permit was issued. If disapproved, the Town Clerk shall furnish the applicant with a statement setting forth the reasons for said disapproval.
C. 
Upon notification of disapproval of an application to issue or renew a permit, or upon notification of suspension or revocation of a permit, the applicant may serve a written notice of objections or charges pertaining to the Town Clerk's determination in the manner stated in Subsection B, requesting a hearing before the Town Clerk. Said written notice must be received by the Town Clerk within 30 days following notification of disapproval or suspension or revocation of said application or permit. If the Town Clerk's notification of disapproval, suspension or revocation of said application or permit is mailed, this thirty-day period shall begin to run from the date of mailing.
D. 
The Town Clerk shall grant the applicant a hearing on said disapproval, suspension or revocation of the application or permit within 10 days after written notice is received by the Town Clerk for such hearing.
E. 
The hearing on the objections and charges to the Town Clerk's determination shall be at such time and place as the Town Clerk designates. The applicant may be heard in person or by counsel.
F. 
Within 21 days after the hearing is concluded, the Town Clerk shall render a decision based upon the hearing either affirming or reversing his initial determination of disapproval, suspension or revocation of the application or permit. If the Town Clerk reverses his initial determination of disapproval or revocation, he shall issue a handicapped parking permit forthwith. If the Town Clerk reverses his initial determination of suspension, he shall terminate the suspension and reinstate the permit forthwith.
[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.
A. 
A handicapped person with a valid handicapped parking permit, lawfully issued, shall be eligible to park in any parking place designated for handicapped persons in the Town of Riverhead.
B. 
The Town of Riverhead hereby recognizes a valid handicapped parking permit lawfully issued to a handicapped person by any city, town or village of New York State.
C. 
Out-of-state vehicles bearing special identification. Motor vehicles displaying a special license plate or parking permit issued by any other state, district, territory or other governmental entity subject to the laws of the United States or a foreign country for the purpose of granting special parking privileges to people with disabilities shall be accorded the special parking privileges allowed pursuant to the provisions of § 1203-b and § 1203-c of the New York State Vehicle and Traffic Law.
[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.