2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 32 - (1200 - 1204) STOPPING, STANDING, AND PARKING
1203-C - Off street parking spaces for the handicapped.


NY Veh & Traf L § 1203-C (2012) What's This?
 
    § 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 parking garage, or repaves or repaints more than one-half
  of the total number of parking spaces in an off-street  parking  lot  or
  parking garage, which contains designated handicapped parking spaces, or
  creates  designated  handicapped parking spaces in an off-street parking
  lot or parking garage, or repaves or repaints more than one-half of  the
  total  number  of designated handicapped parking spaces in an off-street
  parking lot or  parking  garage,  the  size  of  designated  handicapped
  parking  spaces  and  designated handicapped parking space access aisles
  each shall be at least eight feet wide. Such access aisles also shall be
  (i) clearly designated with conspicuous and permanently installed  above
  grade  signs  which  shall  read "No Parking Anytime" and which shall be
  positioned from the access aisle surface at a height of  not  less  than
  five  feet  nor  more  than  seven  feet,  and (ii) marked with diagonal
  stripes.
    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.

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