§ 19-162.1 Permissible parking for members of the clergy; houses of worship and hospitals.
AC § 19-162.1
a. For the purposes of this section the following terms shall have the following meanings: 1. The term "member of the clergy" as used in this section means a clergy member or minister as defined in the religious corporations law including, but not limited to a pastor, rector, priest, rabbi or iman who officiates at or presides over services on behalf of a religious corporation or association of any denomination and works an average of at least twenty hours per week on behalf of such religious corporation or association.
2.The term "passenger car" as used in this section means a motor vehicle, lawfully registered in any state, designed and used for carrying not more than fifteen people, including the driver. Such term shall not include a vehicle licensed to operate pursuant to chapter five of this title or a commercial vehicle as defined in section 19-170 of this code.
3.The term "house of worship" as used in this section means a building or space owned or leased by a religious corporation or association of any denomination or used by a religious corporation or association of any denomination pursuant to the written permission of the owner thereof, which is used by members principally as a meeting place for divine worship or other religious observances presided over by a member of the clergy and which is classified in occupancy group F-1(b) pursuant to article eight of subchapter three of chapter one of title twenty-seven of this code. Such term shall not include a dwelling unit as defined in the housing maintenance code.
4.The term "hospital" as used in this section means a general hospital, nursing home or hospice in-patient facility certified pursuant to the public health law or a psychiatric center established pursuant to section 7.17 of the mental hygiene law.
5.The term "funeral establishment" as used in this section means a place devoted to or used for the care and preparation of a body of a deceased person for disposition and for mourning or funeral ceremonial purposes. b. Notwithstanding any local law or rule to the contrary, it shall be permissible for a member of the clergy to park a passenger car which is owned, registered or leased by such member of the clergy or by a religious corporation or association employing such member of the clergy and displays an appropriate department permit, in an available space where parking is prohibited by a posted sign (i) for a period of up to five hours upon the roadway adjacent to the house of worship at whose services such member of the clergy officiates or presides as noted on such permit, (ii) for a period of up to three hours on the roadway adjacent to a hospital when such member of the clergy is performing official duties at such hospital, or (iii) for a period of up to four hours on the roadway adjacent to a funeral establishment when such member of the clergy is performing official duties at such funeral establishment. It shall not be permissible for a member of the clergy to park where parking is prohibited by rule or where stopping or standing are prohibited by a posted sign or rule. c. An application for a permit to be issued pursuant to this section, and such supporting documentation as may be required by the commissioner, shall be submitted on behalf of a member of the clergy by the religious corporation or association at whose services the member of the clergy officiates or presides. Such religious corporation or association shall certify on a form provided by the department that the member of the clergy on whose behalf the application is made will use such permit only while performing official duties at the house of worship at whose services such member of the clergy officiates or presides or while performing such official duties at a hospital and that such member of the clergy otherwise qualifies for the benefits of this section. Only one permit shall be issued to any religious corporation or association and shall include on the front side thereof the license plate numbers of up to three vehicles owned, registered or leased by members of the clergy on whose behalf such religious corporation or association submitted an application. In accordance with the criteria set forth in this subdivision for the issuance of a permit, the commissioner shall add, delete or substitute license plate numbers as may be applied for by a religious corporation or association. d. Where a permit issued pursuant to this section is used for a purpose other than official duties as set forth in this section or by a person other than the member of the clergy indicated in an application such permit may be rescinded. The member of the clergy who engaged in or allowed such unauthorized use of the permit shall not be eligible for inclusion in an application pursuant to this section. The commissioner shall promulgate such rules as may be necessary for the implementation of this section and shall set such fee as may be appropriate for the issuance of permits pursuant to this section. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 1996/073.
