S T A T E O F N E W Y O R K
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1664
2021-2022 Regular Sessions
I N A S S E M B L Y
January 11, 2021
___________
Introduced by M. of A. SANTABARBARA -- read once and referred to the
Committee on Transportation
AN ACT to amend the vehicle and traffic law, in relation to providing
parking spaces for veterans injured in the line of duty
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The vehicle and traffic law is amended by adding four new
sections 1205, 1205-a, 1205-b and 1205-c to read as follows:
§ 1205. PARKING PERMITS FOR VETERANS INJURED IN THE LINE OF DUTY. 1.
THE COMMISSIONER SHALL DISTRIBUTE SPECIAL VEHICLE IDENTIFICATION PARKING
PERMITS TO THE GOVERNING BODIES OF ALL CITIES, TOWN AND VILLAGES IN THE
STATE. NOTWITHSTANDING ANY LOCAL LAW OR ORDINANCE TO THE CONTRARY, SUCH
PERMITS SHALL ENTITLE ANY VEHICLE DISPLAYING SUCH PERMIT TO PARK IN ANY
AREA IN ANY CITY, TOWN OR VILLAGE OF THE STATE WHICH HAS BEEN DESIGNATED
BY SUCH CITY, TOWN OR VILLAGE OR PURSUANT TO THE PROVISIONS OF SECTION
TWELVE HUNDRED FIVE-C OF THIS ARTICLE AS A PLACE FOR PARKING FOR VETER-
ANS INJURED IN THE LINE OF DUTY. THE DESIGN, PERIOD OF VALIDITY, AND
PROCEDURES FOR REISSUANCE OF SUCH PERMITS SHALL BE AS DETERMINED BY THE
COMMISSIONER. A CITY, TOWN OR VILLAGE ISSUING A PERMIT PURSUANT TO THIS
SUBDIVISION SHALL INDELIBLY INSCRIBE OR OTHERWISE MARK, ON THE FACE OF
SUCH PERMIT, THE LAST THREE DIGITS OF THE IDENTIFICATION NUMBER OF THE
DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD OF THE PERSON TO WHOM
THE PERMIT IS ISSUED. THE GOVERNING BODIES OF CITIES, TOWNS AND VILLAGES
IN THE STATE SHALL APPOINT AN ISSUING AGENT TO ISSUE SUCH PERMITS. ANY
PERSON ISSUED A PERMIT PURSUANT TO THIS SECTION WHO HOLDS A DRIVER'S
LICENSE OR NON-DRIVER IDENTIFICATION CARD SHALL MAKE THE LAST THREE
DIGITS OF SUCH LICENSE OR IDENTIFICATION CARD AVAILABLE TO AN ISSUING
AGENT AT THE TIME OF PERMIT ISSUANCE OR RENEWAL BY PRESENTING SUCH
LICENSE OR IDENTIFICATION CARD TO SUCH ISSUING AGENT. ANY PERSON ISSUED
A PERMIT PURSUANT TO THIS SECTION WHO HOLDS A DRIVER'S LICENSE OR NON-
DRIVER IDENTIFICATION CARD SHALL CARRY AND MAKE AVAILABLE TO A LAW
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04509-01-1
A. 1664 2
ENFORCEMENT OFFICER UPON DEMAND, OR AS SOON AS PRACTICABLE THEREAFTER,
HIS OR HER DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD WHICH
SHALL BE PRESUMPTIVE EVIDENCE OF THE VALIDITY OF HIS OR HER SPECIAL
VEHICLE IDENTIFICATION PARKING PERMIT. FAILURE TO MAKE AVAILABLE SUCH
DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION CARD UPON DEMAND SHALL NOT
BE DEEMED A VIOLATION. THE PERMITS SHALL BE ISSUED TO ANY RESIDENT OF
NEW YORK STATE WHO IS A VETERAN, AS DEFINED IN SECTION EIGHTY-FIVE OF
THE CIVIL SERVICE LAW, WHO HAS BEEN INJURED IN THE LINE OF DUTY UPON
APPLICATION OF SUCH PERSON, PROVIDED, HOWEVER, THAT AN ISSUING AGENT
SHALL ISSUE PERMITS ONLY TO RESIDENTS OF THE CITY, TOWN OR VILLAGE IN
WHICH SUCH ISSUING AGENT IS LOCATED, EXCEPT THAT, AN ISSUING AGENT, IN
HIS OR HER DISCRETION, MAY ISSUE A PERMIT TO A VETERAN WHO HAS BEEN
INJURED IN THE LINE OF DUTY WHO IS NOT A RESIDENT OF THE CITY, TOWN, OR
VILLAGE IN WHICH SUCH ISSUING AGENT IS LOCATED WHERE SUCH PERSON RESIDES
IN A CITY, TOWN, OR VILLAGE IN WHICH THE GOVERNING BODY HAS NOT
APPOINTED AN ISSUING AGENT.
2. SUCH PERMIT SHALL BE FOR USE EXCLUSIVELY IN A VEHICLE IN WHICH THE
PERSON TO WHOM IT HAS BEEN ISSUED IS BEING TRANSPORTED AND SUCH PERMIT
SHALL NOT BE TRANSFERABLE AND SHALL BE FORFEITED IF PRESENTED BY ANY
OTHER PERSON. ANY ABUSE BY ANY PERSON, FACILITY OR AGENCY TO WHOM SUCH
PERMIT HAS BEEN ISSUED OF ANY PRIVILEGE, BENEFIT, PRECEDENCE OR CONSID-
ERATION GRANTED PURSUANT TO THE ISSUANCE OF SUCH PERMIT, SHALL BE SUFFI-
CIENT CAUSE FOR REVOCATION OF SAID PERMIT.
3. THE SPECIAL VEHICLE IDENTIFICATION PARKING PERMIT ISSUED BY THE
COMMISSIONER SHALL BE RECOGNIZED STATEWIDE.
4. A PERSON WHO KNOWINGLY AND WILFULLY WITH THE INTENT TO DECEIVE
MAKES A FALSE STATEMENT OR GIVES INFORMATION WHICH SUCH INDIVIDUAL KNOWS
TO BE FALSE TO A PUBLIC OFFICIAL TO OBTAIN A PARKING PERMIT FOR VETERANS
INJURED IN THE LINE OF DUTY OR TO PREVENT THE MARKING ON SUCH PERMIT OF
THE LAST THREE DIGITS OF A DRIVER'S LICENSE OR NON-DRIVER IDENTIFICATION
CARD HELD BY SUCH PERSON, IN ADDITION TO ANY OTHER PENALTY PROVIDED BY
LAW, SHALL BE SUBJECT TO A CIVIL PENALTY OF NOT LESS THAN TWO HUNDRED
FIFTY DOLLARS NOR MORE THAN ONE THOUSAND DOLLARS.
§ 1205-A. PARKING SPACES; VETERANS. 1. PARKING SPACES FOR VETERANS
INJURED IN THE LINE OF DUTY. A VETERANS PERMIT ISSUED IN ACCORDANCE
WITH THE PROVISIONS OF SECTION ONE THOUSAND TWO HUNDRED FIVE OF THIS
ARTICLE SHALL ENTITLE THE VETERAN-DRIVER TO PARK IN SUCH PARKING SPAC-
ES. PARKING SPACES FOR VETERANS SHALL BE THOSE PARKING SPACES ACCORDED
TO A HOLDER OF A VETERANS PARKING PERMIT PROVIDED IN ACCORDANCE WITH
SECTION ONE THOUSAND TWO HUNDRED FIVE OF THIS ARTICLE.
2. IT SHALL BE A VIOLATION FOR ANY PERSON TO STOP, STAND OR PARK A
VEHICLE IN ANY AREA DESIGNATED AS A PLACE FOR VETERAN PARKING UNLESS THE
VEHICLE BEARS A PERMIT ISSUED UNDER SECTION ONE THOUSAND TWO HUNDRED
FIVE OF THIS ARTICLE AND SUCH VEHICLE IS BEING USED FOR THE TRANSPORTA-
TION OF A VETERAN. THIS SUBDIVISION SHALL NOT APPLY TO A VIOLATION OF
SECTION TWELVE HUNDRED FIVE-C OF THIS ARTICLE.
§ 1205-B. VETERANS PARKING ENFORCEMENT. 1. A COUNTY, CITY, TOWN OR
VILLAGE MAY, BY ADOPTION OF A LOCAL LAW OR ORDINANCE, ESTABLISH A VETER-
ANS PARKING VIOLATION UNIT TO ASSIST IN THE ENFORCEMENT OF VETERANS
PARKING LAWS OR ORDINANCES. PERSONS APPOINTED TO SUCH UNIT SHALL BE
VOLUNTEERS, SHALL SERVE WITHOUT COMPENSATION, AND SHALL BE AUTHORIZED TO
PROVIDE EVIDENCE OF VIOLATIONS OF VETERANS PARKING LAWS OR ORDINANCES TO
THE APPROPRIATE LOCAL ENFORCEMENT AUTHORITY. SUCH EVIDENCE MAY INCLUDE
PHOTOGRAPHING A VIOLATION, PROVIDED THAT SUCH PHOTOGRAPH IS TAKEN AND
HANDLED IN COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION.
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2. A LOCAL LAW OR ORDINANCE ENACTED IN ACCORDANCE WITH THE PROVISIONS
OF THIS SECTION SHALL:
(A) ESTABLISH A TRAINING PROGRAM OF NO LESS THAN TWO HOURS IN LENGTH
AND REQUIRE EACH VOLUNTEER TO PARTICIPATE IN AND COMPLETE SUCH TRAINING
PROGRAM;
(B) PROVIDE FOR THE ASSIGNMENT OF AN IDENTIFICATION NUMBER TO EACH
VOLUNTEER, AND PROVIDE OFFICIAL IDENTIFICATION AND EQUIPMENT TO ASSIST
VOLUNTEER PERSONNEL IN THE CONDUCT OF THEIR DUTIES;
(C) ESTABLISH UNIFORM PROCEDURES FOR VOLUNTEERS TO FOLLOW IN DETERMIN-
ING WHETHER A VIOLATION HAS OCCURRED;
(D) ESTABLISH PROCEDURES FOR THE UNIFORM REPORTING OF VIOLATIONS,
WHICH REPORTING SHALL INCLUDE THE IDENTIFICATION NUMBER OF THE VOLUNTEER
MAKING THE REPORT;
(E) IF SUCH LOCAL LAW OR ORDINANCE PROVIDES FOR THE TAKING OF PHOTO-
GRAPHS OF VIOLATIONS, (I) GRANT ONLY THE ENFORCEMENT AGENCY THE AUTHORI-
TY TO PROCESS OR TO CONTRACT FOR THE PROCESSING OF ALL FILM SUBMITTED BY
VOLUNTEERS; (II) REQUIRE ANY PHOTOGRAPHS EVIDENCING A VIOLATION TO BE
AVAILABLE FOR INSPECTION IN ANY PROCEEDING TO ADJUDICATE THE LIABILITY
FOR SUCH VIOLATION; (III) PROVIDE THAT A CERTIFICATE, SWORN TO OR
AFFIRMED BY A TECHNICIAN EMPLOYED BY THE LOCALITY IN WHICH THE CHARGED
VIOLATION OCCURRED, OR A FACSIMILE THEREOF, BASED UPON INSPECTION OF
PHOTOGRAPHS PRODUCED FROM FILM SUBMITTED BY VOLUNTEERS, SHALL BE PRIMA
FACIE EVIDENCE OF THE FACTS CONTAINED THEREIN; AND (IV) PROHIBIT THE USE
OF SUCH A PHOTOGRAPH FOR ANY PURPOSE OTHER THAN AS EVIDENCE OF A HAND-
ICAPPED PARKING VIOLATION; AND
(F) PROVIDE THE FOLLOWING WITH RESPECT TO NOTICES OF VIOLATION: (I) A
NOTICE OF VIOLATION SHALL BE SENT BY FIRST CLASS MAIL TO EACH PERSON
ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A VETERANS PARKING
LAW OR ORDINANCE. A MANUAL OR AUTOMATIC RECORD OF MAILING PREPARED IN
THE ORDINARY COURSE OF BUSINESS SHALL BE PRIMA FACIE EVIDENCE OF THE
FACTS CONTAINED THEREIN; (II) A NOTICE OF VIOLATION SHALL REFERENCE THE
LAW WHICH WAS ALLEGEDLY VIOLATED, AND SHALL CONTAIN THE NAME AND ADDRESS
OF THE PERSON ALLEGED TO BE LIABLE AS AN OWNER FOR A VIOLATION OF A
VETERANS PARKING LAW OR ORDINANCE, THE REGISTRATION NUMBER OF THE VEHI-
CLE INVOLVED IN SUCH VIOLATION, THE LOCATION WHERE SUCH VIOLATION TOOK
PLACE, THE DATE AND TIME OF SUCH VIOLATION, AND THE IDENTIFICATION
NUMBER OF THE VOLUNTEER WHO RECORDED THE VIOLATION; (III) A NOTICE OF
VIOLATION SHALL CONTAIN INFORMATION ADVISING THE PERSON CHARGED OF THE
MANNER AND THE TIME IN WHICH HE OR SHE MAY CONTEST THE VIOLATION ALLEGED
IN THE NOTICE, AND SHALL ALSO CONTAIN A WARNING TO ADVISE THE PERSONS
CHARGED THAT FAILURE TO CONTEST IN THE MANNER AND TIME PROVIDED SHALL BE
DEEMED AN ADMISSION OF LIABILITY AND THAT A DEFAULT JUDGMENT MAY BE
ENTERED THEREON.
§ 1205-C. OFF STREET PARKING SPACES FOR VETERANS INJURED IN THE LINE
OF DUTY. 1. ANY PERSON, FIRM OR CORPORATION OWNING A SHOPPING CENTER OR
FACILITY WITH AT LEAST FIVE SEPARATE RETAIL STORES AND AT LEAST TWENTY
OFF STREET PARKING SPACES WHICH ARE PROVIDED FOR USE BY THE SHOPPING
PUBLIC MUST DESIGNATE AS ONLY FOR VETERANS INJURED IN THE LINE OF DUTY
AND CLEARLY MARK FOR USE BY VETERANS A MINIMUM OF THREE PERCENT OF SUCH
PARKING SPACES OR SIX SUCH SPACES WHICHEVER IS LESS. THESE SPACES MUST
BE LOCATED AS CLOSE AS REASONABLY PRACTICABLE TO THE SHOPPING CENTER
FACILITY AND REASONABLY DISTRIBUTED SO AS TO PROVIDE CONVENIENT ACCESS
FOR USE BY VETERAN DRIVERS. SUCH PARKING SPACES ARE TO BE USED BY VETER-
AN DRIVERS DISPLAYING A SPECIAL MUNICIPAL PARKING PERMIT (AS DEFINED IN
SECTION TWELVE HUNDRED FIVE OF THIS ARTICLE AND DISTRIBUTED BY THE
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COMMISSIONER OF MOTOR VEHICLES TO LOCAL GOVERNING BODIES TO BE ISSUED TO
VETERANS WHO RESIDE IN SUCH LOCALITY).
2. (A) THE PARKING SPACES DESIGNATED PURSUANT TO THE PROVISIONS OF
THIS SECTION SHALL BE CLEARLY IDENTIFIED FOR USE BY VETERANS INJURED IN
THE LINE OF DUTY WHICH DESIGNATION SHALL INCLUDE CONSPICUOUS AND PERMA-
NENTLY INSTALLED ABOVE GRADE SIGNS AND WHICH SHALL BE POSITIONED FROM
THE PARKING SPACE SURFACE AT A HEIGHT OF NOT LESS THAN FIVE FEET NOR
MORE THAN SEVEN FEET AND MAY INCLUDE THE USE OF GREEN PAINTED LINES OR
MARKINGS. SUCH PARKING SPACES ALSO MAY BE MARKED AS TOW-AWAY ZONES.
(B) WHENEVER A PERSON, FIRM OR CORPORATION CREATES AN OFF-STREET PARK-
ING LOT OR PARKING GARAGE, OR REPAVES OR REPAINTS MORE THAN ONE-HALF OF
THE TOTAL NUMBER OF PARKING SPACES IN AN OFF-STREET PARKING LOT OR PARK-
ING GARAGE, WHICH CONTAINS DESIGNATED VETERAN PARKING SPACES, OR CREATES
DESIGNATED VETERAN PARKING SPACES IN AN OFF-STREET PARKING LOT OR PARK-
ING GARAGE, OR REPAVES OR REPAINTS MORE THAN ONE-HALF OF THE TOTAL
NUMBER OF DESIGNATED VETERAN PARKING SPACES IN AN OFF-STREET PARKING LOT
OR PARKING GARAGE, THE SIZE OF DESIGNATED VETERAN PARKING SPACES SHALL
BE AT LEAST EIGHT FEET WIDE.
3. A VIOLATION OF THIS SECTION BY ANY PERSON, FIRM OR CORPORATION
OWNING A SHOPPING CENTER OR FACILITY WITH AT LEAST FIVE SEPARATE RETAIL
STORES AND AT LEAST TWENTY OFF STREET PARKING SPACES WHICH ARE PROVIDED
FOR USE BY THE SHOPPING PUBLIC WHO FAILS TO PROVIDE SPACES ONLY FOR
VETERANS INJURED IN THE LINE OF DUTY AND CLEARLY MARKED FOR USE BY SUCH
VETERANS IN ACCORDANCE WITH THIS SECTION, SHALL BE PUNISHABLE BY A FINE
UP TO TWO HUNDRED FIFTY DOLLARS.
4. EXCEPT AS OTHERWISE PROVIDED BY LOCAL LAW WHICH IMPOSES A LARGER
MAXIMUM FINE, ANY PERSON WHO STOPS, STANDS OR PARKS IN SPACES CLEARLY
MARKED FOR USE BY VETERANS INJURED IN THE LINE OF DUTY IN ACCORDANCE
WITH THIS SECTION, WITHOUT A SPECIAL VEHICLE IDENTIFICATION PARKING
PERMIT OR A SPECIAL MUNICIPAL PARKING PERMIT AND BEING USED FOR THE
TRANSPORTATION OF A VETERAN INJURED IN THE LINE OF DUTY; OR WITH SUCH
PERMIT OR REGISTRATION AND SUCH PERSON IS NOT THE ONE TO WHOM THE PERMIT
OR REGISTRATION WAS ISSUED OR IS NOT TRANSPORTING THE PERSON ISSUED THE
PERMIT OR REGISTRATION; SHALL BE SUBJECT TO A FINE OF NOT LESS THAN
FIFTY DOLLARS NOR MORE THAN SEVENTY-FIVE DOLLARS FOR THE FIRST OFFENSE
AND SEVENTY-FIVE TO ONE HUNDRED FIFTY DOLLARS FOR THE SECOND OFFENSE
OCCURRING WITHIN A PERIOD OF TWO YEARS WITHIN THE SAME MUNICIPALITY. THE
ARRESTING OR TICKETING OFFICER SHALL ISSUE A SUMMONS TO VIOLATORS OF
THIS SECTION. A TICKETING OFFICER ISSUING A SUMMONS PURSUANT TO THIS
SECTION MAY PROVIDE FOR THE REMOVAL AND STORAGE OF A MOTOR VEHICLE ILLE-
GALLY PARKED IN A VETERAN PARKING SPACE.
5. NOTWITHSTANDING ANY OTHER STATE OR LOCAL LAW TO THE CONTRARY, A
STATE, COUNTY OR MUNICIPAL LAW ENFORCEMENT OFFICER SEEKING TO ENFORCE
SUBDIVISION FOUR OF THIS SECTION, MAY ENTER ONTO THE PARKING LOT OF ANY
SHOPPING CENTER OR FACILITY AS DESCRIBED IN SUBDIVISION ONE OF THIS
SECTION REGARDLESS OF THE EXISTENCE OR ABSENCE OF ANY STATE OR LOCAL LAW
OR RULE OTHERWISE PERMITTING OR RESTRICTING SUCH ACCESS FOR SUCH LAW
ENFORCEMENT OFFICER.
§ 2. This act shall take effect immediately.