[Adopted 9-14-1982 by L.L. No. 19-1982 (Ch. 372, Art. II, of the 1985 Code)]
Section 1203-c of the Vehicle and Traffic Law establishes requirements for the owners of a shopping center or facility with at least five separate retail stores and at least 20 off-street parking spaces concerning the provision of a minimum number of such spaces for handicapped parking. The penalties imposed under this section of the Vehicle and Traffic Law are made subject to the provisions of local legislation. It is the intent of this Legislature to impose more stringent penalties for such illegal parking and to utilize the revenues derived from such penalties to improve handicapped facilities within the County.
Section 1203-c of the Vehicle and Traffic Law shall be interpreted as follows: Any person, firm or corporation owning a shopping center or facility with at least five separate retail stores and at least 20 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 5% of such parking spaces or 10 such spaces, whichever is less. These spaces must be located as close as reasonably practicable to the shopping center facility and be 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 Vehicle and Traffic Law § 1203-a 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 Vehicle and Traffic Law § 404-a and being used for the transportation of a handicapped person.
The parking spaces designated pursuant to the provisions of this section shall be clearly identified for use by handicapped drivers, which designation may include the use of blue painted lines or markings and the international symbol of access.
[Amended 8-11-1998 by L.L. No. 20-1998; 3-13-2001 by L.L. No. 5-2001]
Any person who parks in spaces clearly marked for use by the handicapped, in accordance with § 1203-c of the Vehicle and Traffic Law, without a special municipal parking permit or whose motor vehicle is not registered in accordance with § 404-a of the New York Vehicle and Traffic Law and being used for the transportation of a handicapped person shall be subject to a fine of $150 for the first offense and $200 for every offense thereafter. This fine shall be imposed in addition to whatever fine is imposed under § 1203-c, Subdivision 4, of the New York Vehicle and Traffic Law.
[Amended 7-14-1987 by L.L. No. 29-1987]
This article shall be enforced by those public officials charged with the duty of enforcing the New York Vehicle and Traffic Law.
The Suffolk County Director of Handicapped Services is hereby authorized, empowered and directed to establish a program to utilize volunteers with cameras to survey parking lots for the purpose of photographing automobile vehicles parked in violation of the provisions of this article and/or §§ 1203 and 1203-c of the New York Vehicle and Traffic Law, together with the car license plate, the handicapped parking sign and the blue striping designating said space as a reserved handicapped parking space. This program shall include, but not be limited to, the issuance of identification cards to such volunteers with names and pictures affixed thereto to be used in the event that police officers need more identification from the volunteer, schedules to allow for the placement of people in various areas of the County on different days on a rotating basis so as not to leave any areas unpatrolled or duplicated, a system of reminder letters to people who are cited for handicapped parking violations, and:
Volunteers shall be required to wear large badges identifying the persons as part of this volunteer program with an identification number corresponding to a list of volunteers kept in the County Office of Handicapped Services.
Cameras shall be provided to such volunteers by the County, together with funding for the development of film.
The program shall also include a procedure by which the Police Department may be requested and empowered to prepare the necessary deposition for signature by the volunteer who actually witnessed the infraction, administer the necessary oath for verification, prepare the necessary information for presentation to the appropriate court, and to forward all pertinent documents to said court, together with requirement that the Police Department arrange to send, via certified mail, return receipt requested, an appearance ticket advising the registered owner of the motor vehicle when and where to appear in court and what charge has been lodged against him.
The Director of the Suffolk County Division of Handicapped Services is hereby authorized and empowered to promulgate and issue such rules and regulations as he shall deem necessary and sufficient to implement the provisions of this article.
The Director of the Suffolk County Division of Handicapped Services is hereby authorized and empowered to develop this program in conjunction with the Suffolk County Police Department, District Attorney's Office, the District Court Clerk's Office, and State Department of Motor Vehicles.
The Director of the Suffolk County Division of Handicapped Services is hereby authorized and empowered to issue appearance tickets and to enforce handicapped parking laws in connection with this article.
Editor's Note: The Office of Handicapped Services referred to in this section was changed to the "Office for People with Disabilities" 6-7-2011 by Res. No. 443-2011. In addition, "Director of Handicapped Services" was changed to "Director of Office for People with Disabilities."
The proceeds of the fines collected pursuant to this article shall be turned over to the County of Suffolk and shall be used by the County for the sole purpose of improving handicapped facilities in the County of Suffolk.
[Added 8-11-1998 by L.L. No. 21-1998]
Any person who knowingly dumps or shovels snow onto a parking place for handicapped persons rendering such place unusable for parking purposes shall be subject to a fine of $50 for the first offense and a fine not to exceed $200 for every offense thereafter.