[Added 7-6-1981 by L.L No. 6-1981; amended 11-2-1981 by L.L. No.
10-1981]
A.
The Board of Trustees finds and determines that it
is in the best interests of the residents of the Village of Port Chester
to grant certain parking privileges to physically handicapped persons.
B.
The term "physically handicapped person," for the
purpose of this section, shall mean any person who by reason of a
defect or infirmity, whether congenital or acquired by accident, injury
or disease, is permanently incapacitated totally or partially from
walking without the assistance of artificial devices.
C.
Any person who is a physically handicapped person, as defined in Subsection B of this section, may apply to an appointed coordinator in the office of the Village Clerk for a special handicapped parking permit.
D.
Such permit shall authorize the holder thereof to
park the motor vehicle for which the permit was issued in those areas
under county jurisdiction designated to be available for such purpose
to physically handicapped persons and in areas under city, town or
Village jurisdiction where the governing body of the municipality
has designated such areas and authorized the use of permits issued
by the coordinator pursuant to the provisions of this section.
E.
The application for a special parking permit by a
physically handicapped person shall be made on forms furnished by
the coordinator which shall contain but not be limited to the following
information:
(1)
The name and address of the applicant, age,
sex and telephone number.
(2)
The name and address of the applicant's employer
and business phone.
(3)
If the applicant is a student, the name and
address of the school.
(4)
The name and address of the owner of the vehicle
to be used, the year of the vehicle, make, type and license plate
number.
(5)
Medical certification (to be completed by certifying
physician).
F.
Upon approval of the application for a special parking
permit by a physically handicapped person, the coordinator may issue
a special parking permit to the applicant which shall be in such form
as prescribed by the State of New York and/or County of Westchester
and shall expire in the following year on the date of the original
issuance of the permit and be renewed in each succeeding year.
G.
Any permit issued pursuant to this section shall be
conspicuously displayed on the vehicle dashboard or sun visor on the
driver's side when the vehicle is parked in a designated handicapped
parking area.
H.
Such permits shall be subject to such conditions,
rules and regulations as the Board of Trustees of the Village of Port
Chester may establish, and the acceptance of a permit shall constitute
an agreement to comply with such conditions, rules and regulations
as follows:
(1)
This permit is for the exclusive use of the
person named hereon. It is not transferable.
(2)
For a vehicle bearing the handicapped card that
is parked in a designated space for the handicapped located in a decal
parking area, the bearer must purchase a decal.
(3)
When a space is provided for handicapped parking
at a meter, the person must pay at that meter.
(4)
Persons holding handicapped cards properly displayed
on the visor will be extended the courtesy of 1/2 hour overtime parking
at meters and timed zones cannot keep their cars in the same location
all day.
(5)
The loss or theft of this permit should be reported
to the local police precinct in which the loss or theft occurred.
This loss or theft should also be reported to the office that issued
the permit.
(6)
Anyone who unlawfully makes, alters, uses or
possesses a handicapped parking permit is subject to prosecution under
the Penal Law of the State of New York (§ 170.10).
I.
The permit issued may bear a code which shall indicate
the town, city or incorporated Village in which the driver of the
vehicle resides.
J.
In the event that a person, other than the person
to whom the permit is issued, utilizes the permit claiming the privileges
granted under this section to the physically handicapped person, the
permit issued to the physically handicapped person shall be subject
to suspension for six months for the first offense if the coordinator
determines that such use was with the consent, expressed or implied,
of the permittee. After a second offense, as determined by the coordinator,
the permit may be revoked. Prior to suspension or revocation as herein
provided, a hearing shall be held by the coordinator. Notice of any
hearing to be held by the coordinator for revocation or suspension
of any license or permit shall be mailed, by ordinary mail, to the
holder of the permit directed to the address of such holder as set
forth in the application. Such notice shall be mailed not less than
five days prior to the hearing date and shall advise said holder of
the permit of the time and place of the hearing and shall contain
a concise statement of the reason or reasons for holding the hearing.
The coordinator shall make findings based upon evidence presented
at such hearing, which shall be conclusive as to all matters of fact.
K.
The coordinator may process applications and issue
permits effective in any city, town or Village within the Village
of Port Chester upon the adoption of any appropriate local law or
resolution by the governing body of such municipality designating
parking areas for use by physically handicapped persons and authorizing
the use of permits issued pursuant to this section.
L.
It shall be a violation for any person to stop, stand
or park a vehicle in any area designated as a place for handicapped
parking unless the vehicle bears a permit for the handicapped issued
in accordance with the law.[1]
[1]
Editor's Note: Former Subsection M, Penalty,
which immediately followed this subsection, was repealed 11-1-1999
by L.L. No. 16-1999.
