This article shall apply to all new and existing
nonresidential sites that are available to the public that have a
parking area for 20 or more vehicles, including but not limited to
shopping centers, office buildings, warehouses, storage buildings,
convalescent homes, schools and public buildings.
The Town shall designate certain parking areas
to be parking spaces for handicapped persons. The handicapped parking
spaces so designated by the Town shall be set forth and maintained
in a register in the Town Clerk's office located in the Town Hall
in the Town of New Windsor. The establishment of handicapped parking
spaces by the Town of New Windsor shall be in addition to any handicapped
parking spaces that are established by the owners of real property
in the Town of New Windsor. It shall not be a defense to the prosecution
of a violation of this action of the law that a parking space that
has been marked as a handicapped parking space, that said space is
not designated in the register of handicapped parking spaces.
Upon submission of an application for a handicapped
parking permit to the Town Clerk of the Town of New Windsor and by
submission of a statement from a medical doctor setting forth that
the applicant is a handicapped person and is in need of special parking
privileges, the Town Clerk shall issue a handicapped parking permit
to the applicant to be used in accordance with the provisions of the
Vehicle and Traffic Law of the State of New York. Any unauthorized
use of the parking permit shall cause the parking permit to be declared
void and reclaimed by the Town Clerk. Any parking privileges that
are exercised after the revocation of the handicapped parking permit
shall be punishable by the same provisions of any local law or statute
in effect as if the permit had never been issued.
After establishment of specially marked parking
spaces for handicapped persons, no person shall park a motor vehicle
in such space, unless a handicapped person is either a passenger,
driver or occupant of the vehicle and the vehicle contains a designation
issued by the Commissioner of Motor Vehicles, pursuant to § 1203-a
of the Vehicle and Traffic Law, which shall be displayed as required
by the above statute.
[Amended 4-5-2017 by L.L.
No. 4-2017]
A. Paved parking spaces for handicapped use shall be provided as required
by New York State Building Code and in the case of site plans, also
as required by the Planning Board. Each space designated for handicapped
parking will not be less than 16 feet wide, consisting of at least
an eight-foot-wide parking space and an eight-foot-wide access aisle.
In the event that two handicapped parking spaces are adjacent, these
two spaces may share the access aisle.
B. Each space shall be designated by a twelve-inch-wide by eighteen-inch-high
sign with green lettering and blue symbol on a white background bearing
the wording "Reserved Parking Only" in the current standard format
recognized by New York State Building Code. The sign shall be manufactured
of aluminum with a reflective face meeting New York State Department
of Transportation standards for parking lots. As applicable, a "Van
Accessible" sign (six inches high by 12 inches wide) shall also be
provided. These required signs shall be provided for each handicapped
parking space, mounted as noted below.
C. Each access aisle shall be provided with a sign 12 inches wide by
18 inches high with red lettering on a white background bearing the
wording "NO PARKING ANY TIME" in the current standard format recognized
by New York State Building Code. The sign shall be manufactured of
aluminum with a reflective face meeting New York State Department
of Transportation standards for parking lots. These required signs
shall be provided for each handicapped parking space, mounted as noted
below.
D. Reserved-parking and access-aisle signs shall be mounted in front
of the respective area, centered and so placed as to not conflict
with the use of the parking space nor, in the case of the access aisle,
obstruct the use of the same by handicapped persons. In general, signs
shall be placed on the back side of the sidewalks serving the parking
spaces. If no such sidewalks exist, signs shall generally be placed
18 inches to 24 inches clear of the front of the parking space/aisle,
or, building mounted, if permitted by the Planning Board or Building
Inspector. Sign mounting height shall be no greater than seven feet
nor less than five feet from ground level to sign bottom. Signs shall
be properly set into ground with an appropriate post. The bottom of
the post shall include reflective markings (bands) or a sleeve painted
OSHA yellow.
E. For handicapped parking spaces, in addition to required signage noted
above, each space shall be striped with four-inch-wide blue epoxy
painted lines designating the space, with a handicapped symbol a minimum
of four feet by four feet (also in blue and in compliance with current
New York State Code) painted at the center of the parking space.
F. For access aisles, each shall be striped with cross-hatched (diagonal)
four-inch-wide blue epoxy painted striping. For the access aisle,
in addition to the diagonal striping, and the text "NO PARKING" shall
be painted in bold blue lettering at the back end of the aisle (opposite
end from sign location).
G. Where a handicapped space adjoins a standard parking space, a double
line shall be installed, one blue and one white. (White striping shall
be used for standard parking spaces.)
H. It shall be the obligation of the property owner to insure that the
signage and striping for all handicapped designated spaces are installed
and maintained in good functional order during the occupancy of the
site, at the expense of the owner of the real property upon which
the improvements are located.