The title of this article shall be "Volunteer
Program for Handicapped Parking Enforcement."
The New York State Vehicle and Traffic Law provides
for the designation of handicapped parking spaces by municipalities.
Penalties imposed under the Vehicle and Traffic Law for illegal parking
in handicapped spaces are made subject to provisions of legislation.
The purpose of this article is to impose more stringent fines for
such illegal parking and to utilize revenues and programs derived
from such fines to improve handicapped facilities within the Town
and Village of East Hampton. To assist in the enforcement of handicapped
parking regulations, this article (via § 1203-f of the New
York State Vehicle and Traffic Law) creates a volunteer program for
handicapped parking enforcement in which volunteers work in conjunction
with the East Hampton Town Police Department and the East Hampton
Village Police Department to assist in the enforcement of handicapped
parking legislation.
This article shall be enforced by those public
officials charged with the duty of enforcing the New York State Vehicle
and Traffic Law.
In order to provide adequate notice of the pertinent
governing code section and penalties imposed by the program, and as
a condition of the implementation of the program, the East Hampton
Town Police and the East Hampton Village Police, in conjunction with
the East Hampton Town Highway Department and the East Hampton Village
Highway Department, shall ensure that all handicapped parking signage
shall be upgraded to include signage listing both the code section(s)
imposing the fines contained herein and the dollar amount(s) of those
fines.
Any person who parks in a space clearly marked
for use by the handicapped without a special municipal parking permit
or whose vehicle lacks a special motor vehicle registration and one
set of disabled person vehicle identification plates and whose vehicle
is not being used for the transportation of a handicapped person shall
be subject to a program fine of $250 for the first offense and $350
for any subsequent offense committed within 18 months within the same
municipality.
The proceeds of the program fines collected
pursuant to this article shall be placed in a reserve fund as provided
for in Article 2 of New York State General Municipal Law and shall
be used for the sole purpose(s) of enhancing handicapped facilities
and programs in the Town and Village of East Hampton and, additionally,
to reimburse both the Town and village for training, maintenance and
administrative costs related to implementation of this program.
The provisions of this law are declared to be
severable. If any section, sentence, clause or phrase thereof shall
for any reason be held to be invalid or unconstitutional, such decision
shall not affect the validity of the remaining sections, sentences,
clauses or phrases of this law, but they shall remain in effect, it
being the legislative intent that this law shall stand notwithstanding
the invalidity of any part.