(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.
Structure New York Laws
Article 32 - Stopping, Standing, and Parking
1201 - Stopping, Standing, or Parking Outside of Business or Residence Districts.
1202 - Stopping, Standing or Parking Prohibited in Specified Places.
1203 - Additional Parking Regulations.
1203-A - Parking Permits for Handicapped Persons.
1203-B - Parking Spaces; Handicapped.
1203-C - Off Street Parking Spaces for the Handicapped.
1203-D - Out-of-State Vehicles Bearing Special Identification.
1203-E - Dumping or Plowing Snow Onto Parking Places for Handicapped Prohibited.
1203-F - Handicapped Parking Enforcement.
1203-G - Establishment of the Handicapped Parking Education Program.
1203-H - Metered Parking Waiver for Certain Disabilities.
1204 - Officers Authorized to Remove Illegally Stopped Vehicles.