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

                                  3012

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 23, 2013
                               ___________

Introduced by M. of A. McDONOUGH, STEVENSON -- 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.
                                                           LBD02111-01-3
              

A. 3012                             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.