§ 1203-C — Off street parking spaces for the handicapped

§ 1203-c. Off street parking spaces for the handicapped. 1. Any\nperson, firm or corporation owning a shopping center or facility with at\nleast five separate retail stores and at least twenty off street parking\nspaces which are provided for use by the shopping public must designate\nas only for the handicapped and clearly mark for use by the handicapped\na minimum of five percent of such parking spaces or ten such spaces\nwhichever is less. These spaces must be located as close as reasonably\npracticable to the shopping center facility and reasonably distributed\nso as to provide convenient access for use by handicapped drivers. Such\nparking spaces are to be used either by handicapped drivers displaying a\nspecial municipal parking permit (as defined in section twelve hundred\nthree-a of this chapter and distributed by the commissioner of motor\nvehicles to local governing bodies to be issued to handicapped persons\nwho reside in such locality) or by motor vehicles registered in\naccordance with section four hundred four-a of this chapter and being\nused for the transportation of a handicapped person.\n 2. (a) The parking spaces designated pursuant to the provisions of\nthis section shall be clearly identified for use by handicapped persons\nwhich designation shall include conspicuous and permanently installed\nabove grade signs which display the international symbol of access and\nwhich shall be positioned from the parking space surface at a height of\nnot less than five feet nor more than seven feet and may include the use\nof blue painted lines or markings. Such parking spaces also may be\nmarked as tow-away zones.\n (b) Whenever a person, firm or corporation creates an off-street\nparking lot or parking garage, or repaves or repaints more than one-half\nof the total number of parking spaces in an off-street parking lot or\nparking garage, which contains designated handicapped parking spaces, or\ncreates designated handicapped parking spaces in an off-street parking\nlot or parking garage, or repaves or repaints more than one-half of the\ntotal number of designated handicapped parking spaces in an off-street\nparking lot or parking garage, the size of designated handicapped\nparking spaces and designated handicapped parking space access aisles\neach shall be at least eight feet wide. Such access aisles also shall be\n(i) clearly designated with conspicuous and permanently installed above\ngrade signs which shall read "No Parking Anytime" and which shall be\npositioned from the access aisle surface at a height of not less than\nfive feet nor more than seven feet, and (ii) marked with diagonal\nstripes.\n 3. A violation of this section by any person, firm or corporation\nowning a shopping center or facility with at least five separate retail\nstores and at least twenty off street parking spaces which are provided\nfor use by the shopping public who fails to provide spaces only for the\nhandicapped and clearly marked for use by the handicapped in accordance\nwith this section, shall be punishable by a fine up to two hundred fifty\ndollars.\n 4. Except as otherwise provided by local law which imposes a larger\nmaximum fine, any person who stops, stands or parks in spaces clearly\nmarked for use by the handicapped either: (a) in accordance with this\nsection; or (b) in the parking area of a shopping center or facility\nwith at least one but less than five separate retail stores and at least\ntwenty off street parking spaces provided for use by the shopping\npublic, in accordance with the state fire prevention and building code,\nwithout a special vehicle identification parking permit, a special\nmunicipal parking permit or whose motor vehicle is not registered in\naccordance with section four hundred four-a of this chapter and being\nused for the transportation of a handicapped person; or with such permit\nor registration and such person is not the one to whom the permit or\nregistration was issued or is not transporting the person issued the\npermit or registration; or any person who parks in a handicapped parking\naccess aisle; shall be subject to a fine of not less than fifty dollars\nnor more than seventy-five dollars for the first offense and\nseventy-five to one hundred fifty dollars for the second offense\noccurring within a period of two years within the same municipality. The\narresting or ticketing officer shall issue a summons to violators of\nthis section. A ticketing officer issuing a summons pursuant to this\nsection may provide for the removal and storage of a motor vehicle\nillegally parked in a handicapped parking space, or a handicapped\nparking access aisle.\n 5. As used in this section, the term "handicapped" shall also include\na "severely disabled person" as defined in section four hundred four-a\nof this chapter.\n 6. Notwithstanding any other state or local law to the contrary, a\nstate, county or municipal law enforcement officer seeking to enforce\nsubdivision four of this section may enter onto the parking lot of any\nshopping center or facility as described in subdivision one or four of\nthis section or any other parking lot as described in the state fire\nprevention and building code, which is required to contain accessible\nand designated parking spaces for people with disabilities, regardless\nof the existence or absence of any state or local law or rule otherwise\npermitting or restricting such access for such law enforcement officer.\n