1203-A - Parking permits for handicapped persons.
§ 1203-a. Parking permits for handicapped persons. 1. The commissioner shall distribute special vehicle identification parking permits to the governing bodies of all cities, towns and villages in the state. Notwithstanding any local law or ordinance to the contrary, such permits shall entitle any vehicle displaying such permit to park in any area in any city, town or village of the state which has been designated by such city, town or village or pursuant to the provisions of section twelve hundred three-c of this article as a place for parking for persons with disabilities. The design, period of validity, and procedures for reissuance of such permits shall be as determined by the commissioner. A city, town or village issuing a permit pursuant to this subdivision or subdivision three of this section shall indelibly inscribe or otherwise mark, on the face of such permit, the last three digits of the identification number of the driver's license or non-driver identification card of the person to whom the permit is issued. The governing bodies of cities, towns and villages in the state shall appoint an issuing agent to issue such permits. Any person issued a permit pursuant to this section who holds a driver's license or non-driver identification card shall make the last three digits of such license or identification card available to an issuing agent at the time of permit issuance or renewal by presenting such license or identification card to such issuing agent. Any person issued a permit pursuant to this section who holds a driver's license or non-driver identification card shall carry and make available to a law enforcement officer upon demand, or as soon as practicable thereafter, his or her driver's license or non-driver identification card which shall be presumptive evidence of the validity of his or her special vehicle identification parking permit. Failure to make available such driver's license or non-driver identification card upon demand shall not be deemed a violation. The permits shall be issued to: (i) any resident of New York state who is a severely disabled person, as defined in subdivision three of section four hundred four-a of this chapter, upon application of such person or such person's parent or guardian, provided, however, that an issuing agent shall issue permits only to residents of the city, town or village in which such issuing agent is located, except that, an issuing agent, in his or her discretion, may issue a permit to a severely disabled person who is not a resident of the city, town, or village in which such issuing agent is located where such person resides in a city, town, or village in which the governing body has not appointed an issuing agent; and an issuing agent, in his or her discretion, may issue a temporary special vehicle identification parking permit, as authorized by subdivision three of this section, to a person who is temporarily unable to ambulate without the aid of an assisting device, as certified by a physician, who resides in a city, town, or village in which the issuing agent does not issue temporary special vehicle identification parking permits, or who is not a resident of the United States and is temporarily visiting the state; or (ii) any state facility, or agency licensed by the state of New York or any of its political subdivisions, that operates a motor vehicle for purposes of transporting handicapped persons, upon the application of such a facility or agency. For the purposes of paragraph (i) of this subdivision, such permit shall be for use exclusively in a vehicle in which the person to whom it has been issued is being transported and such permit shall not be transferable and shall be forfeited if presented by any other person. Any abuse by any person, facility or agency to whom such permit has been issued of any privilege, benefit, precedence or consideration grantedpursuant to the issuance of such permit, shall be sufficient cause for revocation of said permit. 2. The special vehicle identification parking permit issued by the commissioner shall be recognized statewide and, except for a permit issued pursuant to and used subject to the limitations of subdivision three of this section is the only valid permit for the purpose of preserving parking spaces for the handicapped. 3. Notwithstanding any provision of this chapter to the contrary, any municipality may issue a temporary special vehicle identification parking permit to any person who is temporarily unable to ambulate without the aid of an assisting device, as certified by a physician. Such temporary special vehicle identification parking permit shall be valid for not more than six months and shall be recognized statewide. 4. A person who knowingly and wilfully with the intent to deceive makes a false statement or gives information which such individual knows to be false to a public official to obtain a parking permit for handicapped persons or to prevent the marking on such permit of the last three digits of a driver's license or non-driver identification card held by such person, in addition to any other penalty provided by law, shall be subject to a civil penalty of not less than two hundred fifty dollars nor more than one thousand dollars.