[HISTORY: Adopted by the Town Board of the Town of Marion as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-13-1992 by L.L. No. 1-1992]
The words and phrases used in this article shall for the purposes of this article have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.
No vehicle of any description shall be continuously parked for a period of more than two hours between the hours of 8:00 a.m. and 6:00 p.m., prevailing time, except Sundays and the following holidays: New Year's Day, Memorial Day, the Fourth of July, Labor Day, Thanksgiving Day, and Christmas Day, in the following location(s):
No vehicle of any description shall be parked at any time from 8:00 a.m. to 4:00 p.m., prevailing time, on days when school is in session, in the following location(s):
No person shall park a vehicle at any time upon any of the following described streets or parts thereof:
No vehicle of any description shall be parked for a period of longer than 24 hours upon any of the following described streets or parts thereof:
No vehicle of any description shall be allowed or permitted to park at any time on any street or road in the Town of Marion from November 1 to April 1 in any year, except as authorized by ordinance or local law.
The stopping, standing, or parking of any vehicle, except for a vehicle that bears a handicapped parking permit issued pursuant to § 1203-a of the New York State Vehicle and Traffic Law or a registration issued under § 404-a of the New York State Vehicle and Traffic Law and such vehicle is being used for the transportation of a handicapped person, is prohibited in the following areas: South Main Street on the west side comprising the first marked parking space to the south of the intersection of South Main Street and Buffalo Street.
Pursuant to § 1203-a of the Vehicle and Traffic Law of the State of New York, the Town Clerk of the Town of Marion is designated as the issuing agent of permits for the handicapped.
The issuing agent shall issue permits for handicapped parking upon his receipt of a completed application executed by the handicapped person, or by the parent or guardian of a minor handicapped person, upon a form to be provided by the issuing agent, provided that said application shall be accompanied by a medical certification relating to the applicant or such minor child, which certification shall be made by a physician licensed to practice medicine in the State of New York and which certification shall establish that the applicant or such minor child is qualified to receive such permit pursuant to the qualifications set forth below.
A person shall be qualified to receive a handicapped parking permit if such person:
Has limited or no use of one or both lower limbs;
Has a neuromuscular dysfunction which severely limits mobility;
Has a pulmonary or cardiovascular condition which limits mobility or severely limits the individual's activities in the open air; or
Has a physical or mental impairment or condition, other than those specified above, but of such nature as to impose an unusual hardship in connection with physical mobility so as to render it medically desirable that such person is permitted to use handicapped parking facilities, if such condition is certified by a physician duly licensed to practice medicine in New York State as constituting a degree of disability (specifying the particular condition) equal to those set forth in the preceding subsections hereof so as to prevent such person from having physical mobility as a pedestrian without great difficulty.
Each permit issued hereunder shall bear the license plate number of those vehicles in which the handicapped person customarily rides. The application shall also be accompanied by valid New York State registration certificates for each of said vehicles.
The permit to be issued shall be in the form as determined by the Commissioner of Motor Vehicles to be provided by New York State pursuant to § 1203-a of the Vehicle and Traffic Law, which sticker shall be affixed to each vehicle for which the registration is included in the application. Each such sticker or permit shall expire upon the expiration date of the registration certificate concerned, but shall not be renewed except upon an application accompanied by the renewal registration certificate for any succeeding period of time or by a valid registration certificate for any other or different vehicle which the applicant or his parent or guardian shall certify as being a vehicle in which the applicant customarily rides.
The issuing agent may suspend or revoke any permit or refuse to renew any permit upon a finding that:
The applicant has made a material false statement in the application;
The applicant has used or permitted the use of the permit contrary to conditions set forth in the permit and in this article;
The applicant has failed to comply with or observe any of the conditions of the application and/or of the permit; or
The applicant shall have failed to have notified the issuing agent of any change of address or disability within 10 days after such change.
Upon denial of an application for a permit or a renewal or upon a suspension or revocation of a permit, the applicant may make written request for a hearing. The issuing agent shall grant such hearing, to be held before him, within 10 days after his receipt of such written request. The written request must be filed with the issuing agent no later than 30 days following notification of the applicant of the action as to which the hearing is requested. The issuing agent shall in any event notify the applicant within 21 days after receipt of the completed application as to its approval or disapproval. If the application is disapproved, a statement setting forth the reasons for disapproval shall be provided.
A violation of this article is hereby declared to be an offense, and any person violating the same may upon a first conviction thereof be punished by a fine of not more than $50; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $100; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $250.