[Adopted by the City Council of the City
of Canandaigua as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles, traffic and parking — See Ch. 648.
[Adopted 10-16-1997 by Ord. No. 97-21 as
Ch. 4.36 and 4.40 of the 1997 Municipal Code]
No person shall drive, park, place or stand
any vehicle, boat, trailer or similar object, or place any obstruction
on that portion of any highway within the City lying between the curb
or paved portion of the highway and the sidewalk adjoining said highway.
In areas where there are no sidewalks adjoining the highway, there
shall be no parking in the City right of way between the edge of the
pavement or gutter and the property line of the owner.[1]
[1]
Editor's Note: Original § 4.36.020,
Exclusions, which immediately followed this section, was repealed
6-5-2003 by Ord. No. 2003-007.
The Director of Public Safety shall have the
power to permit such occupation for construction purposes pursuant
to the rules and regulations of the Department of Public Works.
The Director of Public Safety shall have the power to grant an exception to the aforesaid regulation in § 517-1 upon written application where there are unusual circumstances which would warrant such an exception. Such an exception, if granted, shall be revocable at the discretion of the City. The following factors shall be considered in the evaluation of such requests:
A.
There has existed, prior to the adoption of this article,
a bona fide blacktop or concrete paved parking area.
B.
The affected private property adjacent to the right-of-way
has no on-site parking available for use by the occupants of the premises,
so that a hardship would be created should the exception request be
denied.
C.
The use of the right-of-way for parking does not create
a public safety hazard, nor impede the ability of pedestrians to utilize
the sidewalk, if any.
D.
The use of the parking area within the street right-of-way
will be available to the general public.
E.
The pavement area does not detract from visual character
of the streetscape.
F.
The paving of the area does not adversely affect stormwater
drainage patterns.
[Amended 6-5-2003 by Ord. No. 2003-007]
Should a request for exception to § 517-1, as provided for in § 571-3, be denied by the Director of Public Safety, the affected party shall have the ability to appeal that decision to the City Council. Upon petition of the affected party and after public notice and public hearing, the Council shall consider the petition and evaluate the request according to the factors cited in § 571-3. Prior to the hearing, the Council shall review the report of the Director of Public Safety, stating the reasons for the denial of the request. If the Council shall find that the petitioner cannot reasonably utilize the premises without exception to § 571-1, and that the granting of the exception will not be materially detrimental to the public safety or welfare nor adversely impact upon the use of the City street, the Council may grant the exception. Such an exception, if granted, shall be revocable at the discretion of the City.
[Amended 5-1-2008 by Ord. No. 2008-007]
A.
The Canandaigua City Police Department is hereby authorized
to issue parking tickets to the owner or driver of a vehicle violating
this article, by posting parking tickets on the vehicle. The owner
shall be liable for any fines or penalties assessed against a vehicle
found in violation of this article.
B.
The owner of any vehicle found in violation of any provision of this section shall be punished in accordance with § 648-5 of Chapter 648, Vehicles and Traffic, of the Code of the City of Canandaigua and, in addition, shall be subject to the provisions of Vehicle and Traffic Law § 241 (default judgment), § 401 (denial of registration for parking scofflaws), and § 510 (suspension of licenses for parking scofflaws).
[Amended 5-3-2007 by L.L. No. 1-2007]
Any person who shall violate any of the provisions
of this article shall, upon conviction, be punishable by a fine not
exceeding $250 or imprisonment in the County Jail of Ontario County
for not more than 15 days, or both such fine and imprisonment. Each
day on which any such violation continues shall constitute a separate
offense.
[Adopted 4-18-2002 by L.L. No. 1-2002]
It shall be a violation of this article for
any person to stop, stand or park a vehicle upon school property belonging
to the Canandaigua City School District in violation of any stopping,
standing or parking regulations adopted by the Canandaigua City School
District, or in violation of any traffic sign, signal or device on
school property maintained by the Canandaigua City School District.
[Amended 5-3-2007 by L.L. No. 1-2007]
The Canandaigua City Police Department is hereby
authorized to issue parking tickets to owners or drivers of vehicles
violating this article, by posting parking tickets on the vehicles.
Every person convicted of a traffic infraction for violation of any provision of this Local Law shall be punished in accordance with § 648-5 of Chapter 648, Vehicles and Traffic of the Code of the City of Canandaigua, and in addition, shall be subject to the provisions of Vehicle and Traffic Law § 241 (default judgment), § 401 (denial of registration for parking scofflaws), and § 510 (suspension of licenses for parking scofflaws).
