Section 1809-B. Mandatory surcharge required for certain violations relating to handicapped parking spaces  


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  • 1. Notwithstanding any other provision of
      law,  whenever  proceedings  in  an  administrative  tribunal or a court
      result in a finding of liability,  or  conviction  for  a  violation  of
      section twelve hundred three-a, twelve hundred three-b or twelve hundred
      three-c  of  this  chapter or any other statute, local law, ordinance or
      rule involving the parking,  stopping  or  standing  of  motor  vehicles
      registered  pursuant  to  section four hundred four-a of this chapter or
      those possessing a special vehicle identification parking permit  issued
      in  accordance  with  section  one  thousand two hundred three-a of this
      chapter, there shall be levied a mandatory surcharge in addition to  any
      other  sentence, fine or penalty otherwise permitted or required, in the
      amount of thirty dollars. Such surcharge shall not be deemed a  monetary
      penalty  for  the  purposes  of section two hundred thirty-seven of this
      chapter or section 19-203 of the administrative code of the city of  New
      York.
        2.  The  mandatory  surcharge  provided for in subdivision one of this
      section shall be paid to  the  clerk  of  the  court  or  administrative
      tribunal  that made the determination of liability. Within the first ten
      days of the month next succeeding the collection of such surcharge,  the
      collecting  authority shall pay fifteen dollars of such surcharge to the
      chief fiscal officer of the county in which such violation  occurred  or
      of  the  city  of New York, for deposit to the credit of the handicapped
      parking education fund of such county or city  established  pursuant  to
      section  twelve  hundred  three-g of this chapter which shall be used by
      such county or city solely for a handicapped parking  education  program
      pursuant to such section. The remaining amount of the surcharge shall be
      paid  to  the  chief  fiscal  officer  of the municipality from which it
      originated and used by such municipality for its local criminal  justice
      programs  and  purposes; provided, however, that such municipality shall
      use ten  percent  of  such  funds  for  developing  and  implementing  a
      disability  awareness program for local law enforcement agencies for the
      purpose of training local law enforcement  personnel  to  recognize  and
      appropriately  respond  to  persons  with  disabilities  with  whom such
      personnel come into contact in the course of their duties.