2013 New York Consolidated Laws
VAT - Vehicle & Traffic
Title 7 - RULES OF THE ROAD
Article 32 - (1200 - 1204) STOPPING, STANDING, AND PARKING
1203-F - Handicapped parking enforcement.


NY Veh & Traf L § 1203-F (2012) What's This?
 
    §  1203-f.  Handicapped parking enforcement.  1.  A county, city, town
  or village may, by adoption of a local law  or  ordinance,  establish  a
  handicapped  parking  violation  unit  to  assist  in the enforcement of
  handicapped parking laws or ordinances.  Persons appointed to such  unit
  shall  be  volunteers,  shall  serve  without compensation, and shall be
  authorized to provide evidence of violations of handicapped parking laws
  or ordinances to  the  appropriate  local  enforcement  authority.  Such
  evidence  may  include  photographing  a  violation,  provided that such
  photograph is taken and handled in compliance with the  requirements  of
  this section.
    2.  A local law or ordinance enacted in accordance with the provisions
  of this section shall:
    (a)  establish  a training program of no less than two hours in length
  and require each volunteer to participate in and complete such  training
  program;
    (b)  provide  for  the  assignment of an identification number to each
  volunteer, and provide official identification and equipment  to  assist
  volunteer personnel in the conduct of their duties;
    (c)   establish   uniform  procedures  for  volunteers  to  follow  in
  determining whether a violation has occurred;
    (d) establish procedures for  the  uniform  reporting  of  violations,
  which reporting shall include the identification number of the volunteer
  making the report;
    (e)  if  such  local  law  or  ordinance  provides  for  the taking of
  photographs of violations, (i) grant only  the  enforcement  agency  the
  authority  to  process  or  to  contract  for the processing of all film
  submitted by volunteers;  (ii)  require  any  photographs  evidencing  a
  violation to be available for inspection in any proceeding to adjudicate
  the  liability  for  such  violation;  (iii) provide that a certificate,
  sworn to or affirmed by a technician employed by the locality  in  which
  the  charged  violation  occurred,  or  a  facsimile thereof, based upon
  inspection of photographs produced from film  submitted  by  volunteers,
  shall  be  prima facie evidence of the facts contained therein; and (iv)
  prohibit the use of such a photograph for  any  purpose  other  than  as
  evidence of a handicapped parking violation; and
    (f) provide the following with respect to notices of violation:  (i) a
  notice  of  violation  shall  be sent by first class mail to each person
  alleged to be liable as an  owner  for  a  violation  of  a  handicapped
  parking  law  or  ordinance.    A  manual or automatic record of mailing
  prepared in the  ordinary  course  of  business  shall  be  prima  facie
  evidence  of  the  facts  contained  therein; (ii) a notice of violation
  shall reference the law which was allegedly violated, and shall  contain
  the  name and address of the person alleged to be liable as an owner for
  a violation of a handicapped parking law or ordinance, the  registration
  number  of  the  vehicle  involved in such violation, the location where
  such violation took place, the date and time of such violation, and  the
  identification number of the volunteer who recorded the violation; (iii)
  a  notice  of  violation  shall  contain information advising the person
  charged of the manner and the time in which he or she  may  contest  the
  violation  alleged  in  the  notice, and shall also contain a warning to
  advise the persons charged that failure to contest  in  the  manner  and
  time  provided  shall  be  deemed  an  admission of liability and that a
  default judgment may be entered thereon.

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