2006 New York Code - Off Street Parking Spaces For The Handicapped.

 
    § 1203-c. Off  street  parking  spaces  for  the  handicapped.  1. Any
  person, firm or corporation owning a shopping center or facility with at
  least five separate retail stores and at least twenty 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 five percent of such parking  spaces  or  ten  such  spaces
  whichever  is  less. These spaces must be located as close as reasonably
  practicable to the shopping center facility and  reasonably  distributed
  so  as to provide convenient access for use by handicapped drivers. Such
  parking spaces are to be used either by handicapped drivers displaying a
  special municipal parking permit (as defined in section  twelve  hundred
  three-a  of  this  chapter  and distributed by the commissioner of motor
  vehicles to local governing bodies to be issued to  handicapped  persons
  who  reside  in  such  locality)  or  by  motor  vehicles  registered in
  accordance with section four hundred four-a of this  chapter  and  being
  used for the transportation of a handicapped person.
    2.  (a)  The  parking  spaces designated pursuant to the provisions of
  this section shall be clearly identified for use by handicapped  persons
  which  designation  shall  include conspicuous and permanently installed
  above grade signs which display the international symbol of  access  and
  which  shall be positioned from the parking space surface at a height of
  not less than five feet nor more than seven feet and may include the use
  of blue painted lines or markings.  Such  parking  spaces  also  may  be
  marked as tow-away zones.
    (b)  Whenever  a  person,  firm  or  corporation creates an off-street
  parking lot, or repaves or repaints more  than  one-half  of  the  total
  number  of  parking  spaces  in an off-street parking lot which contains
  designated handicapped parking spaces, or creates designated handicapped
  parking spaces in an off-street parking lot, or repaves or repaints more
  than one-half of the total  number  of  designated  handicapped  parking
  spaces  in  an  off-street parking lot, specifications as to the size of
  designated handicapped parking spaces and designated handicapped parking
  space access aisles shall be in accordance with the requirements of  the
  New York state uniform fire prevention and building code.
    3.  A  violation  of  this  section by any person, firm or corporation
  owning a shopping center or facility with at least five separate  retail
  stores  and at least twenty off street parking spaces which are provided
  for use by the shopping public who fails to provide spaces only for  the
  handicapped  and clearly marked for use by the handicapped in accordance
  with this section, shall be punishable by a fine up to two hundred fifty
  dollars.
    4. Except as otherwise provided by local law which  imposes  a  larger
  maximum  fine,  any  person who stops, stands or parks in spaces clearly
  marked for use by the  handicapped  in  accordance  with  this  section,
  without  a  special  vehicle  identification  parking  permit, a special
  municipal parking permit or whose motor vehicle  is  not  registered  in
  accordance  with  section  four hundred four-a of this chapter and being
  used for the transportation of a handicapped person; or with such permit
  or registration and such person is not the one to  whom  the  permit  or
  registration  was  issued  or  is not transporting the person issued the
  permit or registration; or any person who parks in a handicapped parking
  access aisle; shall be subject to a fine of not less than fifty  dollars
  nor   more   than   seventy-five  dollars  for  the  first  offense  and
  seventy-five to  one  hundred  fifty  dollars  for  the  second  offense
  occurring within a period of two years within the same municipality. The
  arresting  or  ticketing  officer  shall issue a summons to violators of
  this section. A ticketing officer issuing a  summons  pursuant  to  this
  section  may  provide  for  the  removal  and storage of a motor vehicle
  illegally parked in  a  handicapped  parking  space,  or  a  handicapped
  parking access aisle.
    5.  As used in this section, the term "handicapped" shall also include
  a "severely disabled person" as defined in section four  hundred  four-a
  of this chapter.
    6.  Notwithstanding  any  other  state or local law to the contrary, a
  state, county or municipal law enforcement officer  seeking  to  enforce
  subdivision  four of this section, may enter onto the parking lot of any
  shopping center or facility as described  in  subdivision  one  of  this
  section  or  any  other  parking  lot  as  described  in  the state fire
  prevention and building code, which is required  to  contain  accessible
  and  designated  parking spaces for people with disabilities, regardless
  of the existence or absence of any state or local law or rule  otherwise
  permitting or restricting such access for such law enforcement officer.