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This entry was published on 2014-09-22
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SECTION 1203-C
Off street parking spaces for the handicapped
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 7, ARTICLE 32
§ 1203-c. Off street parking spaces for the handicapped. 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 the handicapped and clearly mark for use by the handicapped
a minimum of five percent of such parking spaces or ten 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 handicapped drivers. Such
parking spaces are to be used either by handicapped drivers displaying a
special municipal parking permit (as defined in section twelve hundred
three-a of this chapter 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 section four hundred four-a of this chapter and being
used for the transportation of a handicapped person.

2. (a) The parking spaces designated pursuant to the provisions of
this section shall be clearly identified for use by handicapped persons
which designation shall include conspicuous and permanently installed
above grade signs which display the international symbol of access 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 blue 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
parking 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
parking garage, which contains designated handicapped parking spaces, or
creates designated handicapped parking spaces in an off-street parking
lot or parking garage, or repaves or repaints more than one-half of the
total number of designated handicapped parking spaces in an off-street
parking lot or parking garage, the size of designated handicapped
parking spaces and designated handicapped parking space access aisles
each shall be at least eight feet wide. Such access aisles also shall be
(i) clearly designated with conspicuous and permanently installed above
grade signs which shall read "No Parking Anytime" and which shall be
positioned from the access aisle surface at a height of not less than
five feet nor more than seven feet, and (ii) marked with diagonal
stripes.

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 the
handicapped and clearly marked for use by the handicapped 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 the handicapped in accordance with this section,
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 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
illegally parked in a handicapped parking space, or a handicapped
parking access aisle.

5. As used in this section, the term "handicapped" shall also include
a "severely disabled person" as defined in section four hundred four-a
of this chapter.

6. 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 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.