[Amended 7-14-1999 by L.L. No. 3-1999]
The purpose of this article is to
implement §§ 1203-a and 1682 of the Vehicle and Traffic
Law by providing for the issuance of parking permits for handicapped
persons and the enforcement of regulations controlling parking spaces
identified for handicapped persons on Town highways and in public
and private parking areas within the Town.
A.
Pursuant to § 1203-a of the Vehicle
and Traffic Law of State of New York, the Clerk of the Town of Brighton
is hereby designated as the issuing agent of permits for the handicapped.
[Amended 6-25-1997 by L.L. No. 4-1997]
B.
The issuing agent shall issue permits for
handicapped parking upon his or her receipt of a completed application
executed by the handicapped person or by the parent or guardian of
a minor handicapped person, 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.
[Amended 6-25-1997 by L.L. No. 4-1997]
C.
A person shall be qualified to receive
a handicapped parking permit if such person:
(1)
Has limited or no use of one or both lower
limbs;
(2)
Has a neuromuscular dysfunction which severely
limits mobility;
(3)
Has a pulmonary or cardiovascular condition
which limits mobility or severely limits the individual's activities
in the open air; or
(4)
Has a physical or mental impairment or
condition other than those specified above, but of such a nature as
to impose an unusual hardship in connection with physical mobility
so as to render it medically desirable that such person be 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.
D.
Each permit issued hereunder shall bear
the license plate number of those vehicles in which the handicapped
customarily rides. The application shall also be accompanied by valid
New York State registration certificates for each of said vehicles.
E.
The permit to be issued shall be in the
form of a sticker 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 be renewed 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 a different vehicle which the applicant or his or
her parent or guardian shall certify as being the vehicle in which
the applicant customarily rides.
[Amended 6-25-1997 by L.L. No. 4-1997]
A.
Any handicapped person who is a resident
of the Town of Brighton is eligible to make application and to receive
a parking permit for handicapped persons.
B.
The handicapped person need not drive.
C.
The parent or guardian of a handicapped
person may make application on behalf of a handicapped person for
a permit.
D.
Applications for said permit must be fully
completed and properly executed.
E.
Medical certification by a physician that
the applicant is a handicapped person is required at least for the
issuance of the initial permit, which shall be deemed to be a part
of the application.
F.
No person shall make a materially false
statement in the application or otherwise to obtain or renew said
permit.
[Amended 6-25-1997 by L.L. No. 4-1997]
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.
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 requests for a hearing. The issuing
agent shall grant such hearing, to be held before him or her, within
10 days after his or her 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.
[Amended 6-25-1997 by L.L. No. 4-1997]
The Town of Brighton hereby recognizes
a valid handicapped parking permit lawfully issued to a handicapped
person by any city, Town or village of New York State.
[Amended 7-14-1999 by L.L. No. 3-1999]
A.
Any person, firm or entity owning a retail,
commercial or other facility requiring designated parking for the
handicapped as specified by the Town of Brighton pursuant to New York
State Vehicle and Traffic Law shall identify and post these parking
areas as follows:
(1)
Each individual parking stall shall be
clearly posted with an upright stationary sign. Signs shall be affixed
so as not to be movable or portable.
(2)
Signs shall be erected on a stationary
post or structure with a ground clearance measured from the bottom
of the sign of not less than five and not more than seven feet.
(3)
Signs shall be white background with two-inch
green lettering and green border. The legend shall clearly indicate
"Reserved Parking" and shall conspicuously bear the international
mobility impaired access symbol. Specifications and colors for signs
shall be identical to those designed by the State of New York as sign
P-34 as enacted February 23, 1981, as the same may be amended.
(4)
All other provisions of the New York State
Vehicle and Traffic Law and the Town of Brighton Code regarding reserved
parking areas for the handicapped shall hereby remain in force.
B.
Any handicapped person with a valid handicapped
parking permit, lawfully issued, shall be eligible to park in any
parking place designated for handicapped persons in the Town of Brighton.
C.
The erection and posting of such signs
shall be deemed to constitute the owner's consent to the enforcement
of this chapter by the Brighton Police Department, the Commissioner
of Public Works or persons designated by either of them, and the entry
by them on the property for such purpose.
D.
No person shall stop, stand or park a vehicle, except when necessary to avoid conflict with other traffic or in compliance of the directions of a police officer, in any parking space marked pursuant to this § 185-33, as reserved for handicapped persons only, unless such vehicle properly displays a handicapped parking permit issued by the Town of Brighton or another city, Town or village of the State of New York or another state.
