[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.
The Commissioner of General Services of the Town of Hempstead.
[Amended 3-5-1974 by L.L. No. 23-1974, effective 3-11-1974]
An area in a parking field, set aside under the provisions
of this chapter, in which a vehicle licensed hereunder has exclusive
use.
An area in a parking field set aside for the exclusive use
of commercial vehicles in loading or unloading goods and merchandise.
Every individual who shall operate a vehicle as the owner
thereof or as the agent, employee or permittee of an owner.
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.
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.
Any individual, firm, partnership, association or corporation
or any other entity.
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]
The geographical area of the Town of Hempstead.
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]
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:
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.
[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.
