[Added 4-14-2003 by L.L. No. 2-2003]
There is hereby established within the Village
a Handicapped Parking Violations Unit as authorized by Vehicle and
Traffic Law § 1203-f. Such unit shall be under the supervision
of the Director of the Village's Code Enforcement Unit.
A.
Such unit shall be composed of the number of volunteers
as shall be determined to be appropriate by the Village Board, not
to exceed 30. Such volunteers shall be appointed by the Village Board,
provided that each such volunteer shall be of good moral character;
shall be at least 21 years of age; shall be a resident of Nassau County;
shall have completed the application forms specified by the Village
Board; and shall meet all other appropriate qualifications established
by the Village Board, including, when necessary, a background check.
B.
Such volunteers so appointed shall serve without compensation,
at the pleasure of the Board, and shall assist the Village enforcement
officers in the enforcement of handicapped parking regulations as
set forth in this Code.
C.
Each volunteer shall sign an agreement holding the
Village harmless from any liability arising from or relating to said
volunteer's participation in the Parking Violations Unit and agreeing
to utilize in the first resort said volunteer's personal medical insurance
coverage in connection with any injuries sustained by reason of said
volunteer's participation in the Parking Violations Unit. The Village
Board is authorized to obtain such other supplemental insurance covering
said volunteers as it determines to be necessary and available.
D.
No volunteer so appointed shall be authorized or assigned
to perform any of the enforcement duties set forth herein until such
person shall have participated in and successfully completed a Village-sponsored
training program, as provided herein below.
E.
Each such volunteer shall be provided by the Village
with an official identification, displaying an identification number
and a photograph of said volunteer, and any equipment and aids as
may be necessary to the proper exercise of his or her duties, including,
but not limited to, a camera and form affidavits.
(1)
Such form affidavits shall provide for the recording
of: the date, time and location of the violation; a description of
the motor vehicle; the registration plate number and date of registration
of such motor vehicle; the signature and identification number of
the volunteer, and if a photograph or other evidentiary image (hereinafter
referred to as a "photograph") was taken, whether it requires processing.
Each such form that has been filled out and executed shall be delivered
by the volunteer to the Director of the Code Enforcement Unit or his
designee.
(2)
If any photograph requires processing, the Code
Enforcement Unit shall be responsible for said processing. If used
as evidence of a violation, such photograph shall be made available
for inspection by the respondent or his/her designee, and shall be
certified by an employee of the Code Enforcement Unit, so designated
by the Director of the Code Enforcement Unit, as an original or accurate
copy of the photograph presented by the volunteer to the Code Enforcement
Unit. Said photograph shall serve as prima facie evidence of the facts
demonstrated therein, and shall be used only as evidence of a handicapped
parking violation and for no other purpose.
F.
All new volunteers appointed to assist in the enforcement
of handicapped parking regulations as set forth in the Code shall
be required to participate in and successfully complete a training
program of at least two hours' duration, which shall include instruction
in at least the following areas:
(1)
All laws and ordinances relating to handicapped
parking;
(2)
Who is qualified to use handicapped parking;
(3)
How to determine whether a violation has occurred;
(4)
Procedures to be followed by each volunteer;
(5)
Demonstration and practice in use of cameras
and other equipment or aids supplied to such volunteers;
(6)
Conduct in taking evidence of a violation and
in dealing with the public, or the purported owner or operator of
a vehicle parked in violation of handicapped parking regulations;
(7)
How to determine appropriate motor vehicle,
identification and description, and, other information required to
be entered on the form affidavits;
(8)
Such other training deemed appropriate for the
specific duties of such volunteers.
A.
The Village shall issue an appearance ticket and information
containing the name and address of the registered owner of the motor
vehicle; the registration number of said motor vehicle; the date,
time and location of the violation; and the identification number
of the volunteer.
B.
Such appearance ticket shall also contain the following
statement, in accordance with Vehicle and Traffic Law § 1203-f:
"You may contest this charged violation by appearing in person or
by a representative, at 8:00 p.m. on (specified date) at the Village
Court, Village Hall, Gussack Plaza, Great Neck Plaza, New York 11021.
Failure to contest the charged violation in a timely manner shall
be considered an admission of guilt, and a default judgment will be
entered against you as provided by law."
C.
Such notice shall be mailed to the registered owner
of the motor vehicle by first class mail, and a manual or automatic
record of mailing made in the ordinary course of business shall serve
as prima facie evidence of the mailing of such notice.
