N.Y. Vehicle & Traffic Law § 1203-c: Off street parking spaces for the handicapped

§ 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 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 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 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.