[HISTORY: Comes from L.L. No. 69-1969, adopted 12-23-1969, effective 1-2-1970.]
GENERAL REFERENCES
Department of General Services — See Ch. 66.
[1]
Editor's Note: The original § 80-0 of this chapter provided as follows: "In adopting Chapter 80 of the Code of the Town of Hempstead, the Town Board is not unmindful of the existence of Chapter 81 thereof covering the same subject matter, namely, Public Parking Fields. However, in order to bring about an orderly transition from the mode of regulation as prescribed by each chapter, each chapter shall remain in full force and effect until such time as all regulations are brought up-to-date and parking field maps, as herein provided for, are adopted and in effect. Thereafter, it is the intention of this Board to repeal Chapter 81 in its entirety. Any discrepancy which may be found to exist between the provisions contained in Chapter 81 of this Code and those contained under Chapter 80 herein, shall be construed in favor of those provisions found to exist under Chapter 80."
The following definitions shall apply in the interpretation and enforcement of this chapter.
COMMISSIONER
The Commissioner of General Services of the Town of Hempstead.
[Amended 3-5-1974 by L.L. No. 23-1974, effective 3-11-1974]
LICENSE ZONE
An area in a parking field, set aside under the provisions of this chapter, in which a vehicle licensed hereunder has exclusive use.
LOADING ZONE
An area in a parking field set aside for the exclusive use of commercial vehicles in loading or unloading goods and merchandise.
OPERATOR
Every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of an owner.
PARKING SPACE
An area within a parking field designated for the parking of a single vehicle by lines painted or otherwise durably marked upon the curb or the surface of the field.
PARK OR PARKING
Leaving a vehicle upon any parking field, whether occupied or not, for an interval of time longer than necessary to board or unload passengers or freight, except for reasons or causes beyond the control of the operator of the vehicle.
PERSON
Any individual, firm, partnership, association or corporation or any other entity.
ROLL-OFF CONTAINER OR DUMPSTER
The type of container usually associated with a vehicle containing hydraulic or mechanical capabilities to lift a prefabricated container from the ground onto the truck for transport purposes or to lift and dump the materials contained therein into the body of said truck, the content of which container is solid waste consisting of refuse, rubbish and other debris. For purposes of this chapter, "roll-off container" or "dumpster" shall include drop-off containers where clothing is placed inside.
[Added 12-12-1989 by L.L. No. 85-1989, effective 12-18-1989]
TOWN
The geographical area of the Town of Hempstead.
TRAFFIC CONTROL DIVISION
The division of the Department of General Services of the Town of Hempstead engaged in the construction, installation and maintenance of Town traffic control devices.
[Amended 3-5-1974 by L.L. No. 23-1974, effective 3-11-1974]
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or trucks.
A. 
A person shall not permit a vehicle which has an overall length of more than 21 feet or an overall width of more than eight feet, including the length of any load carried by such vehicle, to be parked in a parking field.
B. 
A person shall not operate a vehicle in entering or leaving the parking field through any other than the designated entrance and exit, and then shall proceed in the direction only as directed by directional signs.
[Amended 3-5-1974 by L.L. No. 23-1974, effective 3-11-1974]
The Town Board shall hold public hearings on public parking field regulations and amendments and, thereafter, shall establish said regulations by ordinance, rule or regulation. Such public hearing regarding said regulations, or any amendments thereto, shall be held after at least 10 days' prior notice of the time and place thereof, by publication in the official newspaper of the Town. A copy of such ordinance, rule or regulation, as promulgated, shall be filed forthwith in the office of the Town Clerk and in the Division of Public Works and shall take effect 10 days after publication and posting.
A. 
The Commissioner shall cause to be prepared a map of each public parking field showing graphically all traffic and parking regulations applicable to the respective public parking field.
B. 
Notwithstanding the provisions of § 80-3 herein, the Town Board may hold public hearings on any recommendation made by the Commissioner for the adoption of a public parking field map. Such public hearing shall be held with at least 10 days' prior notice of the time and place thereof, by publication in the official newspaper of the Town.
C. 
After said public hearing, the Town Board may modify a public parking field map and, by ordinance, rule or regulation, shall adopt the same with modification or without change. A certified copy of such ordinance, rule or regulation and a copy of such map, as adopted, shall be field forthwith in the office of the Town Clerk and the Division of Public Works. In addition, the Commissioner is hereby authorized, but not required, to post public parking field maps, as adopted, from time to time at respective public parking fields.
[Amended 3-5-1974 by L.L. No. 23-1974, effective 3-11-1974]
It shall be unlawful for any operator to disobey the direction of any sign or marking related to a parking field placed in accordance with the provisions of this chapter.
A. 
Whenever licenses are required to park in a district or Town public parking field, the respective license shall be issued by the Town Clerk only to:
(1) 
Owners and residents of real property lying within the boundaries of a public parking district or to owners and residents of real property lying within the boundaries of the Town.
(2) 
Persons engaged in business within a public parking district.
B. 
The license period and license fee for any district or Town public parking field shall be determined and established from time to time by Town Board resolution.
[Amended 6-27-1978 by L.L. No. 62-1978, effective 7-3-1978]
C. 
It shall be an offense against this chapter for any person to park a vehicle in a license zone without having first obtained a license for such purpose.
D. 
The Town Board, or members thereof who may be designated by it, acting as a tribunal, may suspend a license where any violation of this chapter has been reported, pending a hearing before said tribunal or a trial before a court of competent jurisdiction, and may revoke a license upon the commission of any offense against this chapter after such hearing or conviction by a court of competent jurisdiction.
E. 
In the event that a person has a license revoked, no license shall be issued to such person in that license year, unless the approval of the Town Board or the person or persons designated by it is obtained.
F. 
Where required, licenses shall be applicable on a daily basis from 6:00 a.m. to 1:00 p.m., prevailing time, or as otherwise posted, except Saturdays, Sundays and holidays.
[Added 3-5-1974 by L.L. No. 23-1974, effective 3-11-1974; amended 8-2-2016 by L.L. No. 70-2016, effective 9-30-2016]
G. 
If the Town Clerk shall determine after due investigation and based upon a preponderance of the evidence that a permit holder has sold, transferred, lent, or otherwise furnished a permit granted hereunder to any person other than to whom the permit was issued, then the Town Clerk may revoke the permit issued to the permit holder and prohibit the permit holder from obtaining a new permit until a penalty not to exceed $750 is paid to the Town of Hempstead by the permit holder and/or not less than one year has elapsed from the date of the Town Clerk's determination. The Town Clerk may waive or reduce the said one-year period on the basis of substantial hardship shown.
[Added 8-2-2016 by L.L. No. 70-2016, effective 9-30-2016]
Any person who shall deface, injure, change or tamper with any other property in any public parking field or who shall place or deposit any litter, debris, refuse or any other article, valuable or not, in any public parking field shall be liable for a violation of this chapter.
[Amended 3-5-1974 by L.L. No. 23-1974, effective 3-11-1974; 3-21-1978 by L.L. No. 34-1978, effective 3-27-1978; 5-26-1981 by L.L. No. 49-1981, effective 6-3-1981]
A. 
Except when necessary to avoid conflict with other traffic or when in compliance with law or the directions of a peace officer or a public safety officer of the Town of Hempstead Department of Public Safety or an official traffic control device, no person shall:
(1) 
Stop, stand or park a vehicle:
(a) 
On the roadway side of any vehicle stopped, standing or parked at the edge or curb of any aisle or roadway within a parking field.
(b) 
On a sidewalk within a parking field.
(c) 
Within an intersection of any aisle or roadway, except when permitted by official signs.
(d) 
On a designated crosswalk.
(e) 
Between a safety zone and the adjacent curb or the marked boundaries thereof.
(f) 
Alongside or opposite any excavation or obstruction when stopping, standing or parking would obstruct traffic.
(2) 
Stand or park a vehicle, whether occupied or not, except momentarily to pick up or discharge a passenger or passengers:
(a) 
In front of a driveway.
(b) 
Within 20 feet of a crosswalk, unless a different distance is indicated by official signs.
(c) 
Within 30 feet upon the approach to any flashing signal, stop or yield sign or traffic control signal located at the side of the aisle or lane, unless a different distance is indicated by official signs.
(3) 
Stop, stand or park a vehicle within 15 feet of a fire hydrant, except when said vehicle is attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move the vehicle in case of an emergency, unless a different distance is indicated by official signs.
(4) 
Use any portion of a parking field for business or professional use or purposes or for the sale or display for sale or the buying and selling of any goods or merchandise, or the rendering of any service, whether or not for monetary reimbursement, or for the purpose of soliciting aims or contributions unless express permission in relation thereto is granted by the Town Board.
[Amended 9-13-1983 by L.L. No. 78-1983, effective 9-20-1983]
B. 
In addition to any other prohibition stated in the provisions of this chapter, it shall be unlawful for any person to:
(1) 
Park any vehicle in a parking field other than within markers designating parking spaces and as nearly in the center of designated stalls as possible.
(2) 
Disobey any instructions, directions or time periods contained in any sign duly posted by the Town of Hempstead in any parking field.
(3) 
Operate any vehicle within a parking field at a speed in excess of 15 miles per hour.
(4) 
Use any portion of a parking field for the sale or display for sale or the buying and selling of any goods or merchandise, unless express permission therefor is granted by the Town Board.
(5) 
Distribute or throw any handbills, notices or other type of advertising material in a public parking field or in or on any vehicle parked therein, except official notices upon direction of the Town Board.
(6) 
Park or permit any vehicle to stand on any lane or roadway in any parking field.
(7) 
Park any vehicle in a parking field for any period of time in excess of 24 hours, except Saturdays, Sundays, and holidays, or as otherwise posted.
[Amended 4-25-2017 by L.L. No. 32-2017, effective 5-2-2017]
(8) 
Use any parking field as a through-traffic means for any purpose.
(9) 
Loiter in any parking field for the purpose of defacing, littering or the committing of disorderly conduct.
(10) 
Bring or have an animal under his control in any parking field, except when the animal shall be kept within the confines of the vehicle.
(11) 
Fail or refuse to comply with any lawful order or direction of any peace officer or public safety officer to regulate traffic.
(12) 
It shall be unlawful and a traffic infraction for any person who is not a holder of a valid special parking permit issued by the County of Nassau for use by the physically handicapped to leave a motor vehicle parked, stopped or standing in any of the spaces set aside in a public parking field for the sole and exclusive use of holders of valid special handicapped parking permits issued by the County of Nassau. Any person or persons, association or corporation committing an offense under this subsection shall be subject to a fine of not more than $750.
[Amended 2-1-1983 by L.L. No. 19-1983, effective 2-7-1983; 3-11-2003 by L.L. No. 22-2003, effective 3-27-2003; 10-2-2008 by L.L. No. 74-2008, effective 10-10-2008]
(13) 
Place a roll-off container or dumpster in any public parking field.
[Added 12-12-1989 by L.L. No. 85-1989, effective 12-18-1989]
(14) 
Enter upon, park or leave standing any vehicle within a public parking field if the vehicle has an expired vehicle registration sticker or expired vehicle inspection sticker, and the presence of any such vehicle in a public parking field shall constitute a violation hereof, subject to the penalties set forth in this chapter.
[Added 3-29-2016 by L.L. No. 22-2016, effective 4-12-2016]
(15) 
Back a vehicle into a parking space. All vehicles parked in parking fields that require a parking permit shall be parked "head in" so that the rear of the vehicle is parked closest to the traffic lane from which the vehicle entered into the parking space. The presence of any vehicle parked in a manner other than "head in" shall constitute a violation hereof, subject to the penalties set forth in this chapter.
[Added 8-2-2016 by L.L. No. 70-2016, effective 9-30-2016]
(16) 
No person shall move a vehicle not lawfully under his control into any prohibited area or away from a curb such distance as is unlawful.
[Added 4-25-2017 by L.L. No. 32-2017, effective 5-2-2017]
(17) 
Except where angle parking is authorized, every vehicle stopped, standing or parked wholly upon a two-way roadway shall be so stopped, standing or parked with the right-hand wheels of such vehicle parallel to and within 12 inches of the right-hand curb or edge of the roadway.
[Added 4-25-2017 by L.L. No. 32-2017, effective 5-2-2017]
(18) 
Except where angle parking is authorized, every vehicle stopped, standing or parked wholly upon a one-way roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or edge of the roadway or its left-hand wheels within 12 inches of the left-hand curb or edge of the roadway.
[Added 4-25-2017 by L.L. No. 32-2017, effective 5-2-2017]
(19) 
Except where angle parking is authorized, every vehicle stopped, standing or parked partly upon a roadway shall be so stopped, standing or parked parallel to the curb or edge of the roadway. On a one-way roadway, such vehicle shall be facing in the direction of authorized traffic movement; on a two-way roadway, such vehicle shall be facing in the direction of authorized traffic movement on that portion of the roadway on which the vehicle rests.
[Added 4-25-2017 by L.L. No. 32-2017, effective 5-2-2017]
C. 
The consumption or possession of unsealed containers of alcohol, spirits, liquor, wine or other alcoholic beverages or the possession or use of narcotics within or without a vehicle or in, at, on or about any Town or district parking field, or sidewalk area adjacent thereto, is hereby prohibited and shall constitute an offense against this chapter.
A. 
In any portion of the Town or district parking fields, other than those designated as loading zones, only vehicles used and operated for pleasure purposes and pickup or panel trucks, not exceeding a load capacity of three-fourths ton, and owned and occupied by occupants of business property abutting the parking field in which said vehicles shall stand or be parked, shall be permitted to park or stand. Except for loading zones provided by signs posted after a public hearing, it shall be an offense against this chapter for any person to park or leave standing therein any delivery truck, wagon, commercial vehicle or trailer except in those areas marked and designated "No Stopping — Loading Zone," except as aforesaid.
B. 
Exemption of emergency and municipally owned or leased vehicles and equipment. Nothing herein contained shall be construed to prohibit the standing, parking or operation of police or fire vehicles, ambulances and other emergency vehicles or municipally owned or leased vehicles and equipment in Town of Hempstead public parking fields.
[Added 6-11-1974 by L.L. No. 59-1974, effective 6-14-1974]
A. 
Any person disobeying a lawful order of a Nassau County police officer, Town of Hempstead Safety Department officer, any law enforcement officer or any person employed by the Department of Public Works in a supervisory capacity; using threatening, abusive or insulting language; doing any obscene or indecent act; throwing stones or other missiles; annoying persons; interfering with, incumbering, obstructing or rendering dangerous any part of a Town or district parking field; doing any act tending to or amounting to a breach of the peace; introducing, carrying or firing any firecrackers, torpedoes or fireworks; engaging in, instigating, aiding or encouraging a contention or fight, whether or not a ring or prize fight; or assaulting any persons shall be guilty of disorderly conduct.
B. 
Penalty. Any person or persons, association or corporation committing an offense against Subsection A of this section is guilty of a violation punishable by a fine not exceeding $250 or imprisonment for a period not exceeding 15 days for each such offense, or by both such fine and imprisonment.
[Amended 3-11-2003 by L.L. No. 22-2003, effective 3-27-2003; 8-2-2016 by L.L. No. 70-2016, effective 9-30-2016]
Unless otherwise provided for herein, any person, association or corporation committing an offense against this chapter is guilty of an offense punishable by a fine of not more than $750 for each such offense. Such fine shall be collected as like fines are collected pursuant to the rules of the District Court of Nassau County.