Town of Southeast, NY Article V Handicapped Parking

§ 131-22 Findings; special parking permit; parking in designated places.

A. The Town Board finds and determines that it is in the best interest of the residents of the Town of Southeast to grant certain parking privileges to physically handicapped persons.

B. The term "physically handicapped person," for the purpose of this section, shall mean any person who, by reason of a defect or infirmity, whether congenital or acquired by accident, injury or disease, is permanently incapacitated, totally or partially, from walking without the assistance of artificial devices.

C. Any person who is a physically handicapped person, as defined in Subsection B of this section, may apply to the Town Clerk for a special handicapped parking permit.

D. Such permit shall authorize the holder thereof to park the motor vehicle for which the permit was issued in those areas under county jurisdiction designated to be available for such purpose to physically handicapped persons and in areas under city, town or village jurisdiction where the governing body of the municipality has designated such areas and authorized the use of permits issued by the Clerk pursuant to the provisions of this section.

E. The application for a special parking permit by a physically handicapped person shall be made on forms furnished by the Town Clerk, which shall contain but not be limited to the following information:

(1) Name and address of the applicant, age, sex and telephone number.

(2) Name and address of the applicant's employer and business phone.

(3) If the applicant is a student, name and address of the school.

(4) Name and address of the owner of the vehicle to be used, year of the vehicle, make, type and license plate number.

(5) Medical certification (to be completed by certifying physician).

F. Upon approval of the application for a special parking permit by a physically handicapped person, the Town Clerk may issue a special parking permit to the applicant, which shall be in such form as prescribed by the State of New York and/or County of Putnam and shall expire in the following year on the date of the original issuance of the permit and be renewed in each succeeding year.

G. Any permit issued pursuant to this section shall be conspicuously displayed on the vehicle dashboard or sun visor on the driver's side when the vehicle is parked in a designated handicapped parking area.

H. Such permits shall be subject to such conditions, rules and regulations as the Town Board of the Town of Southeast may establish, and the acceptance of a permit shall constitute an agreement to comply with such conditions, rules and regulations as follows:

(1) This permit is for the exclusive use of the person named hereon. It is not transferable.

(2) For a vehicle bearing the handicapped card that is parked in a designated space for the handicapped located in a decal parking area, the bearer must purchase a decal.

(3) When a space is provided for handicapped parking at a meter, the person must pay at that meter.

(4) Persons holding handicapped cards properly displayed on the visor will be extended the courtesy of 1/2 hour overtime parking at meters and timed zones.

(5) The loss or theft of this permit should be reported to the local police precinct in which the loss or theft occurred. This loss or theft should also be reported to the office that issued the permit.

(6) Anyone who unlawfully makes, alters, uses or possesses a handicapped parking permit is subject to prosecution under the Penal Law of the State of New York (§ 170.10).

I. The permit issued may bear a code which shall indicate the town, city or incorporated village in which the driver of the vehicle resides.

J. In the event that a person, other than the person to whom the permit is issued, utilizes the permit claiming the privileges granted under this section to the physically handicapped person, the permit issued to the physically handicapped person shall be subject to suspension for six months for the first offense if the Town Clerk determines that such use was with the consent, expressed or implied, of the permittee. After a second offense, as determined by the Town Clerk, the permit may be revoked. Prior to suspension or revocation as herein provided, a hearing shall be held by the Town Clerk. Notice of any hearing to be held by the Town Clerk for revocation or suspension of any license or permit shall be mailed, by ordinary mail, to the holder of the permit directed to the address of such holder as set forth in the application. Such notice shall be mailed not less than five days prior to the hearing date and shall advise said holder of the permit of the time and place of the hearing and shall contain a concise statement of the reason or reasons for holding the hearing. The Town Clerk shall make findings based upon evidence presented at such hearing, which shall be conclusive as to all matters of fact.

K. The Town Clerk may process applications and issue permits effective in any village within the Town of Southeast upon the adoption of any appropriate local law or resolution by the governing body of such municipality designating parking areas for use by physically handicapped persons and authorizing the use of permits issued pursuant to this section.

L. It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a place for handicapped parking unless the vehicle bears a permit for the handicapped issued in accordance with the law.