[HISTORY: Adopted by the Town Board of the Town of Little
Valley 6-7-1982 by L.L. No. 1-1982. Amendments noted where applicable.]
GENERAL REFERENCES
Road classifications — See Ch. 101.
No parking shall be permitted upon a Town highway within the
Town of Little Valley, New York from November 1 of each year to April
1 of the next year from the hours of 4:00 a.m. to 8:00 a.m. and from
the hours of 1:00 p.m. to 5:00 p.m.
No person, firm or corporation shall enter upon or construct any works in or upon any Town highway, or construct any overhead or underground crossing thereof, or lay or maintain therein drainage, sewer or water pipes underground, or deposit accumulations of mud upon the road surface, thereby creating a dangerous condition for vehicular traffic or creating a condition which would partially or wholly block or clog ditches or sluices, except by permit issued by the Town Highway Superintendent and in accordance with such conditions as the Town Highway Superintendent may impose for the safeguarding of vehicular traffic and the physical integrity of the highway, and upon posting such bond as the Town Highway Superintendent may require based upon the standards hereinafter set forth. The permit required shall be in the form as set forth in § 114-4 and the amount of the bond therein required shall be in sufficient amount to reconstruct and replace the Town highway involved, including but not limited to the type of road surface, road base, road shoulders and sluices, to a condition as good as that immediately prior to the use for which the permit is sought.
A permit required by this section must be applied for in the following form and issued by the Town Highway Superintendent prior to the activity or use for which the permit is sought. A permit under § 114-3 of this chapter shall be in the following form:
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WHEREAS, a Town highway known as ____________________________
has been improved and is a part of the Town highway road system, and
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WHEREAS, the following named person desires to use said highway
for the purpose hereinafter stated in accordance with the sketch or
map attached hereto:
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Person:
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Address:
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Purpose:
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NOW, THEREFORE, the Town Highway Superintendent pursuant to
Local Law 1 of the Year 1982 known and cited at the "Town Highway
Local Law" hereby grants permission to the above-named permittee to
do such work/entry upon/trafficking upon said Town highway above described
and only upon said portion of the Town highway above described, upon
the following conditions:
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1.
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Bond. The permittee shall post a bond in sufficient amount to
restore and replace the road, including the type of road surface immediately
prior to the works, activity or trafficking for which this permit
is sought in cash, certified check or bond secured by an insurance
company licensed in the State of New York in the amount of $_____________.
The bond shall be returned upon the permittee filing a notice of cessation
of activity with the Town Highway Superintendent and after inspection
and repair or replacement of the road, as necessary.
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2.
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Other conditions required by Town Highway Superintendent for
the safeguarding of vehicular traffic and the physical integrity of
the Town highway involved:
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DATED:
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TOWN OF LITTLE VALLEY
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By:
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Town Highway Superintendent
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A.
The Town police and Town Highway Superintendent are authorized to
make reasonable inquiry of any person and inspection of any vehicle
parked, traveling on or about to travel upon a Town highway under
such conditions that the Town police or Town Highway Superintendent
reasonably suspect a violation of this chapter.
B.
Any person, firm or corporation violating § 114-2 of this chapter shall be subject to a fine for the first offense of $5, for the second offense $10 and for the third and subsequent offense in the amount of $25 each; each day to be considered a separate offense for violation of this chapter. Section 114-6, entitled "Procedure for parking violations," sets forth the procedures to be employed in connection with the enforcement of and assessing penalties under §§ 114-2 and 114-5B of this chapter.
C.
Any person, firm or corporation violating § 114-3 of this chapter shall be liable to a fine for the first offense of $500, for the second offense of $1,000, and for the third and subsequent offense in the amount of $2,000 each; each day to be considered a separate offense or violation of this chapter; such fine shall be recovered by the Town Highway Superintendent in a civil action maintained on behalf of the Town in the County Court of the County or Supreme Court of the State of New York, and such fine recovered shall be paid to the Town Supervisor to the credit of the Town road fund for the construction, reconstruction and maintenance thereof. Further, the Town Highway Superintendent, on behalf of the Town, may seek injunctive relief against any person, firm or corporation violating § 114-3 of this chapter and remove them therefrom as a trespasser upon petition to the County Court of the County or the Supreme Court of the State of New York.
A.
Notice of violation.
(1)
Form of summons; service; filing; evidence. The notice of violation
shall contain information advising the person charged of the manner
and the time in which he may plead either guilty or not guilty to
the violation alleged in the notice. Such notice of violation shall
also contain a warning to advise the person charged that failure to
plead in the manner and time provided shall be deemed an admission
of liability and that a default judgment may be entered thereon. The
form and wording of the notice of violation shall be prescribed by
the Town of Little Valley Police Department taking into consideration
the aforementioned criteria, the criteria set forth in subsequent
sections hereof and applicable provisions of the Criminal Procedure
Law of the State of New York. A duplicate of each notice of violation
shall be served on the person charged in the manner hereinafter provided.
The original or a facsimile thereof shall be filed and retained by
the Town of Little Valley Police Department or the Town Clerk's
office, and shall be deemed a record kept in the ordinary course of
business, and shall be prima facie evidence of the facts contained
therein.
(2)
Service requirements; completion of summons. A notice of violation
shall be served personally upon the operator of a motor vehicle who
is present at the time of service, and his name, together with the
plate designation and the plate type as shown by the registration
plates of said vehicle and the expiration date; the make or model,
and body type of said vehicle, shall be inserted therein. The notice
of violation shall be served upon the owner of the motor vehicle if
the operator is not present, by affixing such notice to said vehicle
in a conspicuous place. Whenever such notice is so affixed, in lieu
of inserting the name of the person charged with the violation in
the space provided for the identification of said person, the words
"owner of the vehicle bearing license" may be inserted to be followed
by the plate designation and plate type as shown by the registration
plates of said vehicle together with the expiration date; the make
or model, and body type of said vehicle. Service of the notice of
violation, or a duplicate thereof by an affixation as herein provided,
shall have the same force and effect and shall be subject to the same
penalties for disregard thereof as though the same was personally
served with the name of the person charged with the violation inserted
therein.[1]
(3)
Presumption. For purposes of this section, an operator of a vehicle
who is not the owner thereof but who uses or operates such vehicle
with the permission of the owner, express or implied, shall be deemed
to be the agent of such owner to receive notices of violation, whether
personally served on such operator or served by affixation in the
manner aforesaid, and service made in either manner as herein provided
shall also be deemed to be lawful service upon such owner.
B.
Ownership and operation of vehicles; liability.
(1)
OPERATOR
OWNER
TOWN OF LITTLE VALLEY POLICE DEPARTMENT
Definitions. Whenever used in this section, the following terms shall
have the meanings indicated:
Any person, corporation, firm, agency, association or organization
that uses or operates a vehicle with or without the permission of
the owner, and an owner who operates his own vehicle.
Any person, corporation, firm, agency, association, or organization
having the property or title to a vehicle used or operated in the
Town; or any registrant of a vehicle used or operated in the Town;
or any person, corporation, firm, agency, association, or organization
engaged in the business of renting or leasing vehicles to be used
or operated in the Town, and hereinafter referred to as the "renter
or lessor."
The Town Constable, if so designated, and if none, then the
Village of Little Valley Police Department.
(2)
Liability.
(a)
The operator of a vehicle shall be liable for the fines or penalties
imposed pursuant to this section. The owner of the vehicle, even if
not the operator thereof, shall be liable therefor, jointly and severally
with the operator thereof, if such vehicle was used or operated with
his permission, express or implied, but in such case, the owner may
recover any fines or penalties paid by him from the operator.
(b)
A renter or lessor of a vehicle shall not be liable for fines
or penalties imposed pursuant to this section if, one-week prior to
the time a notice of violation or duplicate of such notice is served,
the registration plate number of the vehicle for which said notice
of violation or duplicate was served and the address of the renter
or lessor was filed by the renter or lessor with the Town Clerk, and
notice of the service of a notice of violation or a duplicate of such
notice for a parking violation has not been given to the renter or
lessor by the Town of Little Valley Police Department within 90 days
after such service. Such notice may be given by ordinary mail to the
address on file with the Town Clerk or by such other means as may
be provided for in the rules and regulations of the Town of Little
Valley Police Department.
(c)
Where notice of the service of a notice of violation or a duplicate
of such notice for a parking violation has been given to a renter
or lessor of a vehicle by the Town of Little Valley Police Department
within 90 days after such service, the renter or lessor shall be liable
for fines and penalties imposed pursuant to this section. However,
where such renter or lessor submits to the Town Clerk, within 30 days
after the date of giving by the Town of Little Valley Police Department
of notice of service of the notice of violation or duplicate thereof,
the correct name and address, as shown by the records of the renter
or lessor, of the person to whom the vehicle identified in the notice
of violation was rented or leased at the time of the violation, which
person shall be deemed for the purpose of liability for monetary fines
and penalties to be the operator thereof, such renter or lessor shall
be liable for fines and penalties imposed pursuant to this section
where: i) a judgment has been entered against the person to whom the
said vehicle was rented or leased, and such judgment remains unpaid
for 30 days after the Town of Little Valley Police Department has
posted, by ordinary mail to the address on file with the Town Clerk,
notice of such judgment to the person to whom the said vehicle was
rented or leased; and ii) the Town Clerk has given to the renter or
lessor notice of the unpaid judgment. Upon the giving by the Town
Clerk of such notice of unpaid judgment, the renter or lessor shall
be liable for the schedule of fines as prescribed for violations of
this chapter as stated herein; in the event that the renter or lessor
fails to pay the schedule fine within 10 days, exclusive of the date
of notice, for which it is liable, it shall become further liable
for the additional penalties as provided herein. Where the renter
or lessor has paid the scheduled fine and penalties for which it is
liable, and the Town Clerk thereafter collects from the person to
whom the vehicle was rented or leased the amount of the scheduled
fine and penalties owed by such person, or any portion thereof, the
renter or lessor shall be entitled to reimbursement from the Town
Clerk of the amount of the scheduled fine paid by the person to whom
the vehicle was rented or leased, less the Town Clerk's cost
of collection.
C.
Plea; hearing.[2]
(1)
Plea. A person charged with a parking violation may enter a plea
of not guilty within 10 calendar days, exclusive of the date of issuance,
by appearing at the Town Clerk's office for the scheduling of
a time and date for a hearing before the Judge, either by personally
appearing before the Town Clerk or by entering a plea of not guilty
by mail, if prescribed on the parking violation summons, by mailing
the same to the office of the Town Clerk, in which case the date of
mailing shall be the date of the plea. Alternatively, a person charged
with a parking violation may plead guilty thereto by the payment of
the fine, which shall constitute a plea of guilty, which payment may
be made in person at the Town Clerk's office or by mailing the
payment along with a copy of the parking violation summons to the
office of the Town Clerk. Failure to enter a plea of not guilty or
pay the fine within 10 calendar days, excluding the date of issuance,
shall be deemed an admission of liability and a default judgment may
be entered thereon, and may also result in denial of vehicle registration
renewal and additional fines and penalties hereinafter set forth.
(2)
Hearing. Upon a plea of not guilty, a hearing will be held before
the Judge at the next regularly scheduled court night. The Town Clerk
shall notify the Judge prior to the designated court night of any
person or persons appearing before the Judge on a parking violation
summon(s). Failure to so notify the Judge, however, shall not be cause
for dismissal of the parking violation summons. All provisions of
the Criminal Procedure Law of the State of New York not specifically
contradictory hereto shall be applicable to such proceedings. Upon
a finding of guilty, the sentence shall be as prescribed in this chapter.
