[HISTORY: Adopted by the Town Board of the Town of Amherst 10-17-1983 by L.L. No.
3-1983.[1] Amendments noted where applicable.]
[1]
Editor's Note: This local law also repealed former Ch.
143, Parking for Handicapped, adopted 6-21-1982 by L.L. No. 5-1982.
The purpose of this chapter is to regulate parking spaces designated
for handicapped persons provided by owners or operators of parking
areas or provided pursuant to any provision of state or local law,
ordinance or regulation.
Words in this chapter are used in their ordinary meaning. The
following terms have the meanings set forth, except where the context
clearly indicates a different meaning:
A structure containing one or more offices or retail stores.
A parking space required to be available for use for handicapped
persons or for vehicles registered in accordance with § 404-a
of the New York State Vehicle and Traffic Law or operated under § 1203-a
or required to be furnished under any other provision of state or
local law, ordinance or regulation and any parking space designated
for handicapped persons provided voluntarily by the owner or operator
of a parking area.
A severely disabled person or a person temporarily unable
to ambulate without the aid of an assisting device as defined respectively
in §§ 404-a and 1203-a of the New York State Vehicle
and Traffic Law.
The following specifications apply to handicapped parking spaces
required to be furnished pursuant to this chapter or any other state
or local law, ordinance or regulation:
A.
The paved portion of each required handicapped parking space may
be marked with the international symbol of access.
B.
The minimum size of each required handicapped parking space shall
be nine feet by 19 feet. Required handicapped parking spaces not adjacent
to a sidewalk or driving lane on the longer axis shall be provided
with a four-foot access aisle. Required handicapped parking spaces
may be arranged so that an access aisle is located between and shared
by two spaces.
C.
Signs for required handicapped parking spaces.
(1)
A sign or signs shall be provided to indicate spaces provided for
handicapped persons. The sign shall be of the size and design prescribed
in the New York State Manual of Uniform Traffic Control Devices, except
that other signs which include the international symbol of access
acquired prior to the enactment of this chapter may be used until
December 31, 1988.
(2)
The Commissioner of Building shall establish the height of signs
identifying required handicapped parking spaces so that they are visible
to motorists and pedestrians.
[Amended 7-1-1985 by L.L. No. 2-1985]
D.
Number of handicapped parking spaces required. Except as otherwise
provided by any provision of the New York State Vehicle and Traffic
Law, the person, firm or corporation owning or operating a parking
area serving a commercial structure and having at least 25 off-street
parking spaces shall designate therefrom, for use by handicapped persons
only, at least one of every 25 spaces or fraction thereof, not exceeding
100 spaces. For parking areas having more than 100 parking spaces,
the person, firm or corporation owning or operating it shall designate
therefrom, for use by handicapped persons only, the number of spaces
required for that purpose pursuant to the provisions of the New York
State Building Construction Code.
[Amended 12-19-1983 by L.L. No. 5-1983]
E.
Location. Handicapped parking spaces shall be located as close as
reasonably practicable to the facility or building served by the parking
area and reasonably distributed so as to provide convenient access
for use by handicapped persons.
This chapter shall apply to the following:
A.
Every shopping center or facility with at least five separate retail stores, having at least 20 off-street parking spaces provided for use by the shopping public, except that the provisions of § 143-6A shall not apply to those regulated by the New York Vehicle and Traffic Law § 1203-c.
B.
Parking areas required to include handicapped parking spaces pursuant
to the New York State Building Construction Code.
C.
Parking areas serving commercial structures erected before July 5,
1977, containing 25 or more off-street parking spaces.
The provisions of this chapter, the Vehicle and Traffic Law
of the State of New York, the New York Building Construction Code
and any other provision of state or local law, ordinance or regulation
requiring the provisions of handicapped parking spaces and specifications
for their size, marking and signing shall be enforced by the Town
of Amherst Building Department. The provisions of the New York State
Vehicle and Traffic Law and of this chapter prohibiting the use of
handicapped parking spaces by other than handicapped persons or drivers
of vehicles registered in accordance with § 404-a of the
New York State Vehicle and Traffic Law and being used to transport
a handicapped person shall be enforced by the Town of Amherst Police
Department.
A.
No person shall stop, stand or park a vehicle in any area designated
under this chapter as a handicapped parking space unless the vehicle
bears a permit issued under § 1203-a or is registered under
§ 404-a of the New York State Vehicle and Traffic Law and
the vehicle is being used for the transportation of a handicapped
person. A violation of this subsection or of § 1203-c(4)
of the Vehicle and Traffic Law shall be punished by a fine of $20.
B.
No person, firm or corporation owning or operating a parking area within which handicapped parking spaces are required to be provided pursuant to this chapter or the provisions of the New York State Building Construction Code shall fail to provide the handicapped parking spaces required thereunder or under any other law or fail to comply with the specifications as to size, access, marking and signing contained in § 143-3 hereof. A violation of this subsection shall be punished by a fine not exceeding $250.
