S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9805
 
                           I N  A S S E M B L Y
 
                              April 18, 2022
                                ___________
 
 Introduced  by M. of A. MAGNARELLI, BARCLAY -- read once and referred to
   the Committee on Transportation
 
 AN ACT to amend the vehicle and traffic law, in relation to the enforce-
   ment of parking in disabled access parking spaces
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section  1.  Subdivisions 4 and 6 of section 1203-c of the vehicle and
 traffic law, subdivision 4 as amended by chapter 613 of the laws of 2003
 and subdivision 6 as added by chapter 508  of  the  laws  of  1992,  are
 amended to read as follows:
   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 the handicapped EITHER: (A) in accordance with this
 section; OR (B) IN THE PARKING AREA OF A  SHOPPING  CENTER  OR  FACILITY
 WITH AT LEAST ONE BUT LESS THAN FIVE SEPARATE RETAIL STORES AND AT LEAST
 TWENTY  OFF  STREET  PARKING  SPACES  PROVIDED  FOR  USE BY THE SHOPPING
 PUBLIC, IN ACCORDANCE WITH THE STATE FIRE PREVENTION AND BUILDING  CODE,
 without  a  special  vehicle  identification  parking  permit, a special
 municipal parking permit or whose motor vehicle  is  not  registered  in
 accordance  with  section  four hundred four-a of this chapter and being
 used for the transportation of a handicapped person; 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; or any person who parks in a handicapped parking
 access aisle; 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 with-
 in 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  illegally  parked  in  a
 handicapped parking space, or a handicapped parking access aisle.
   6.  Notwithstanding  any  other  state or local law to the contrary, a
 state, county or municipal law enforcement officer  seeking  to  enforce
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15273-02-2
 A. 9805                             2
 
 subdivision  four  of  this section[,] may enter onto the parking lot of
 any shopping center or facility as described in subdivision one OR  FOUR
 of  this section or any other parking lot as described in the state fire
 prevention  and  building  code, which is required to contain accessible
 and designated parking spaces for people with  disabilities,  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 on the ninetieth day  after  it  shall
 have become a law.