S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2914

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced  by  M.  of  A.  McDONOUGH  --  read once and referred to the
  Committee on Transportation

AN ACT to amend the vehicle and traffic law, in  relation  to  illegally
  parking in zones marked for handicapped persons

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Paragraph (a) of subdivision 2 of  section  1203-c  of  the
vehicle  and traffic law, as amended by chapter 199 of the laws of 2005,
is amended to read as follows:
  (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] SHALL be
marked as tow-away zones AND CARS ILLEGALLY PARKED IN SUCH SPACES  SHALL
BE TOWED AWAY AT THE CAR OWNER'S EXPENSE.
  S  2.  Subdivision 4 of section 1203-c of the vehicle and traffic law,
as amended by chapter 613 of the laws of 2003, is  amended  to  read  as
follows:
  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, with-
out 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 registra-
tion  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 regis-
tration; or any person who parks in a handicapped parking access  aisle;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03483-01-5
              

A. 2914                             2

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] TWO HUNDRED FIFTY DOLLARS.
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 ille-
gally  parked  in  a handicapped parking space, or a handicapped parking
access aisle.
  S 3. This act shall take effect on the first of January next  succeed-
ing the date on which it shall have become a law.