Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 1203-F
Handicapped parking enforcement
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 7, ARTICLE 32
§ 1203-f. Handicapped parking enforcement. 1. A county, city, town
or village may, by adoption of a local law or ordinance, establish a
handicapped parking violation unit to assist in the enforcement of
handicapped 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 handicapped 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.

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
determining 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
photographs of violations, (i) grant only the enforcement agency the
authority 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 handicapped 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 handicapped
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 handicapped parking law or ordinance, the registration
number of the vehicle 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.