handicapped parking... what is the actual law SOS ? ????

[cappy2362]

What is the name of your state (only U.S. law)? NY state... not NYC .

I am disabled and have reserved parking. Theres an employee who parks in the blue painted 'Access Aisle ' or called ZEBRA zone. The Village of Cooperstown Police state that is legal parking area and only for van access with lift. I know this is wrong and the State Troopers will not respond to the call upon my request to them. WHAT IS THE ACTUAL LAW IN NEW YORK STATE CONCERNING THIS VIOLATION ... numbers and all so i can educate the police department for the future please ???

I understand its the American Disabilities Act of 1990 and why we have it but its the TRAFFIC LAW i need to quote and show the mayor and police chief. ANY and ALL assistance you may give would greatly be appreciated so that others dont get the same unfair treatment as i just recieved. I have been trying to get this NON- Handicapped car to park with the rest of the employees but cant get any help from law enforcement !!!


I feel like i am in Russia or Japan with the logic i received by all the law enforcement in my area lmao . Only thing i can do is laugh cause its just unbelievable .... same allegedly illegally parked person is told now they are parked LEGALLY by police department today.... go figure !


Are there any other recourses i can do to maybe span this understanding to the community or other law enforcement agency's that may be operating in the same fashion ?


HELP,

sunnydays-4

[seniorjudge]

Try Google.

[patstew]

Originally Posted by seniorjudge

Try Google.

Better yet, try Dogpile. It includes Google and other search engines.

[Happy Trails]

New York VAT - Vehicle and Traffic

§ 1203-b. Parking spaces; handicapped. 1. Parking spaces for the handicapped as provided for in sections one thousand two hundred three-a and one thousand two hundred three-c of this chapter shall also be extended to a motor vehicle registered in accordance with section four hundred four-a of this chapter. A handicapped permit issued in accordance with the provisions of section one thousand two hundred three-a of this chapter shall entitle the driver to park in such parking spaces. Parking spaces for the handicapped shall be those parking spaces accorded to a holder of a handicapped parking permit provided in accordance with section one thousand two hundred three-a or as provided in section four hundred four-a of this chapter. 2. It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a place for handicapped parking unless the vehicle bears a permit issued under section one thousand two hundred three-a or a registration issued under section four hundred four-a of this chapter and such vehicle is being used for the transportation of a severely disabled or handicapped person. This subdivision shall not apply to a violation of section twelve hundred three-c of this chapter.



§ 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 repaves or repaints more than one-half of the total number of parking spaces in an off-street parking lot which contains designated handicapped parking spaces, or creates designated handicapped parking spaces in an off-street parking lot, or repaves or repaints more than one-half of the total number of designated handicapped parking spaces in an off-street parking lot, specifications as to the size of designated handicapped parking spaces and designated handicapped parking space access aisles shall be in accordance with the requirements of the New York state uniform fire prevention and building code.

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.

==============
From the NYSDMV:

Parking spaces reserved for people with disabilities must be marked with conspicuous and permanently installed abovegrade signs displaying the wheelchair symbol. These signs are positioned at a height of five to seven feet above the parking space surface. Designation of reserved spaces may include the use of blue painted lines or markings.

Do not park in thestriped access aisle next to spaces reserved for people with disabilities even if you have a permit or plates. Access aisles provide room for people with wheelchairs and other specially equipped vehicles to transfer safely to and from their vehicles.

[url]http://www.nysdmv.com/forms/mv6641-mv6643.pdf[/url]

[Zigner]

Originally Posted by cappy2362

... so i can educate the police department for the future please ???

And, what do you hope to accomplish?

[ErynSMA]

Originally Posted by Zigner

And, what do you hope to accomplish?

I think OP wanting local law enforcement to enforce the law, especially when one person is habitually breaking it, is admirable.

Those spaces are for the disabled, and the unloading areas are set aside for a reason.

Obviously the police don't care, and they should.

However, this isn't something to call 911 over. I would maybe try to talk to the village police again- mention that this is a recurring problem and that it's a hindrance to the disabled who work where you do.

Also maybe remind them the fines in some passing manner. Local police generally like fines, especially easy ones- not too many people fight traffic fines, and they bring money to the town. And we all know money talks!

[Zigner]

And, again, what does our OP actually hope to accomplish?

[Tallrat]

Is this happening where you work or you live? Either way call the employees boss and let him/her know. Some cops love giving tickets and some will go out of there way not to give them.