2006 New York Code - Permissible Parking For Members Of The Clergy; Houses Of Worship And Hospitals.

 
    §  19-162.1  Permissible  parking for members of the clergy; houses of
  worship and hospitals. a. For the purposes of this section the following
  terms shall have the following meanings:
    1. The term "member of the clergy" as used in  this  section  means  a
  clergyman  or  minister  as  defined  in  the religious corporations law
  including, but not limited to a pastor, rector, priest,  rabbi  or  imam
  who  officiates  at  or  presides over services on behalf of a religious
  corporation or association of any  denomination.  Such  term  shall  not
  include  clergy  who  derive  their  principal  income  from  any  other
  occupation or profession or who do not  officiate  at  or  preside  over
  services  on  behalf  of  a  religious corporation or association of any
  denomination.
    2. The term "passenger car" as used in  this  section  means  a  motor
  vehicle  designed  and  used  for carrying not more than fifteen people,
  including the driver. Such term shall not include a vehicle licensed  to
  operate  pursuant  to chapter five of this title or a commercial vehicle
  as defined in section 19-170 of this code.
    3. The term "house of  worship"  as  used  in  this  section  means  a
  building  or  space  owned  or  leased  by  a  religious  corporation or
  association of any denomination or used by a  religious  corporation  or
  association  of  any  denomination pursuant to the written permission of
  the owner thereof, which is used by members  principally  as  a  meeting
  place for divine worship or other religious observances presided over by
  a member of the clergy and which is classified in occupancy group F-1(b)
  pursuant  to  article  eight of subchapter three of chapter one of title
  twenty-seven of this code. Such term shall not include a  dwelling  unit
  as defined in the housing maintenance code.
    4.  The  term  "hospital"  as  used  in  this  section means a general
  hospital, nursing home or hospice in-patient facility certified pursuant
  to the public health law or a psychiatric center established pursuant to
  section 7.17 of the mental hygiene law.
    b. Notwithstanding any local law or rule to the contrary, it shall  be
  permissible  for a member of the clergy to park a passenger car which is
  owned, registered or leased by such member of the clergy and displays an
  appropriate department permit, in an available space  where  parking  is
  prohibited  by  a  posted sign (i) for a period of up to four hours upon
  the roadway adjacent to the house of  worship  at  whose  services  such
  member  of the clergy officiates or presides as noted on such permit or,
  (ii) for a period of up to three hours on  the  roadway  adjacent  to  a
  hospital when such member of the clergy is performing official duties at
  such hospital. It shall not be permissible for a member of the clergy to
  park  where  parking is prohibited by rule or where stopping or standing
  are prohibited by posted sign or rule.
    c. An application for a permit to be issued pursuant to this  section,
  and   such   supporting   documentation   as  may  be  required  by  the
  commissioner, shall be submitted on behalf of a member of the clergy  by
  the religious corporation or association at whose services the member of
  the  clergy  officiates  or  presides.  Such  religious  corporation  or
  association shall certify on a form provided by the department that  the
  member of the clergy on whose behalf of the application is made will use
  such  permit  only  while  performing  official  duties  at the house of
  worship at whose services  such  member  of  the  clergy  officiates  or
  presides or while performing such official duties at a hospital and that
  such  member  of the clergy otherwise qualifies for the benefits of this
  section. Only one permit shall be issued to any religious corporation or
  association and shall include on the  front  side  thereof  the  license
  plate  numbers  of  up  to three vehicles owned, registered or leased by
  members of the clergy on whose  behalf  such  religious  corporation  or


  association  submitted  an  application. In accordance with the criteria
  set forth in  this  subdivision  for  the  issuance  of  a  permit,  the
  commissioner  shall  add,  delete or substitute license plate numbers as
  may be applied for by a religious corporation or association.
    d.  Where  a  permit  issued  pursuant  to  this section is used for a
  purpose other than official duties as set forth in this section or by  a
  person  other  than the member of the clergy indicated in an application
  such permit may be rescinded. The member of the clergy who engaged in or
  allowed such unauthorized use of the permit shall not  be  eligible  for
  inclusion  in  an application pursuant to this section. The commissioner
  shall promulgate such rules as may be necessary for  the  implementation
  of  this  section  and  shall set such fee as may be appropriate for the
  issuance of permits pursuant to this section.