This Article is enacted pursuant to Municipal
Home Rule Law § 10 and the Vehicle and Traffic Law §§ 1203-a,
1203-b and 1660, Subdivision (a)25.
Thee purpose of this article is to implement
Vehicle and Traffic Law § 1203-a by providing for the issuance
and use of parking permits for handicapped persons and by requiring
a designated number of parking spaces for handicapped persons.
The issuing agent may suspend or revoke any
permit or refuse to renew any permit upon 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 the 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 notify the issuing
agent of any change of address or disability within 10 days after
such change.
After establishment of specially marked parking
spaces for handicapped persons or temporarily disabled persons by
the Town of Liberty or any owner of real property, no person shall
park any vehicle in such space or otherwise block or impede parking
in such spaces unless a handicapped person or temporarily disabled
person is either a passenger, driver or occupant of the vehicle and
the vehicle displays a handicapped parking permit issued by the Town
of Liberty or the vehicle displays a designation issued by the Commissioner
of Motor Vehicles pursuant to Vehicle and Traffic Law § 404-a.
The required number of handicapped parking spaces
set forth herein shall apply as follows:
A. Any shopping center or facility with at least five
separate retail stores and at least 20 off-street parking spaces which
are provided for use by the shopping public must designate as only
for the handicapped and clearly mark for use by the handicapped a
minimum of 5% of such parking spaces or 10 spaces, whichever is less.
B. All other new and existing nonresidential sites that
are available to the public having a parking area for 10 or more vehicles,
including but not limited to stores, shops, restaurants, office buildings,
warehouses, storage buildings, professional offices, convalescent
homes, schools and public buildings, shall designate the following
number of parking spaces:
|
Total Parking
(number of spaces)
|
Handicapped Parking
(number of spaces)
|
---|
|
10 to 20
|
1
|
|
21 to 40
|
2
|
|
41 to 60
|
3
|
|
61 to 80
|
4
|
|
81 to 100
|
5
|
C. For all sites having total parking spaces in excess
of 100, the number of handicapped spaces shall be determined by the
Code Enforcement Officer.
D. Parking spaces for handicapped persons shall be located
as close as possible to elevators, ramps, walkups and entrances and
shall be so located that the handicapped person is not compelled to
wheel or walk behind parked vehicles to reach entrances, ramps, walkups
and elevators.
E. The exact location of parking spaces shall be determined
by the Code Enforcement Officer of the Town of Liberty.
F. Site plans submitted to the Planning Board and Town
Board for proposed facilities shall illustrate compliance with this
article. No site plan containing off-street parking shall be approved
if not in compliance with this article.
G. The Town Board shall designate any person or persons
on behalf of the Town of Liberty to conduct a survey of existing handicapped
parking spaces for new or existing sites affected by this article
and to coordinate and ensure compliance of such sites with this article.
[Amended 7-8-1996 by L.L. No. 4-1996]
A. Any person who violates the provisions of §§
139-16 and
139-18 shall be guilty of an offense punishable by a fine not to exceed $250.
B. Any person who knowingly destroys or defaces any handicapped
parking space or a sign or pavement marking designating such handicapped
parking space shall be guilty of an offense punishable by a fine not
to exceed $250.
C. In addition to any other penalty or cost provided
herein, any person who knowingly refuses to provide the required number
of handicapped parking spaces established by this article or any state
law shall be guilty of an offense punishable by a fine not to exceed
$250.