[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.
A.
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):
|
Name of Street
|
Side
|
Location
| |
|---|---|---|---|
|
Main Street
|
Both
|
Between Mill Street and Evergreen Street
|
B.
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):
|
Name of Street
|
Side
|
Location
| |
|---|---|---|---|
|
North Main Street
|
West
|
From the point of intersection of the center lines of North
Main Street and Union Street south 475 feet
|
No person shall park a vehicle at any time upon any of the following
described streets or parts thereof:
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
North Main Street
|
East
|
From the point of intersection of the center lines of North
Main Street and Union Street north to the point of intersection of
the center lines of North Main Street and Cemetery Road
|
|
South Main Street
|
East
|
From the point of intersection of the old Marion-Newark Railroad
line and the center line of South Main Street south to the point of
intersection of the center line of South Main Street and the center
line of New York State 21
|
|
Union Street
|
East
|
From a point 100 feet north of the intersection of the center
line of Maple Street with Union Street to a point 100 feet south of
such intersection
|
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:
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
North Main Street
|
Both
|
Between the north end of the Marion Elementary School and the
intersection of the center line of Mill Street and South Main Street
|
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.
A.
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.
B.
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.
(1)
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.
(2)
A person shall be qualified to receive a handicapped parking permit
if such person:
(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;
or
(d)
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.
(3)
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.
(4)
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.[1]
(5)
The issuing agent may suspend or revoke any permit or refuse to renew
any permit upon a finding that:
(a)
The applicant has made a material false statement in the application;
(b)
The applicant has used or permitted the use of the permit contrary
to conditions set forth in the permit and in this article;
(c)
The applicant has failed to comply with or observe any of the
conditions of the application and/or of the permit; or
(d)
The applicant shall have failed to have notified the issuing
agent of any change of address or disability within 10 days after
such change.
(6)
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.
