[HISTORY: Adopted by the Board of Trustees
of the Village of Upper Brookville 4-1-1973 as Arts. 2 and 3 of the 1973 General
Ordinance. Amendments noted where applicable.]
[Amended 9-16-2008 by L.L. No. 4-2008]
A.
The words and phrases used in this article shall,
for the purpose of this article, have the meanings respectively ascribed
to them by Article 1 of the Vehicle and Traffic Law of the State of
New York.
B.
PRIVATE ROAD OPEN TO THE PUBLIC
As used in this article, the following terms shall
have the meanings indicated:
The entire width between boundary lines of every way privately
owned and maintained when any part thereof is open to the use of the
public for purposes of motor vehicle traffic or is necessary to provide
routine access for police and other emergency vehicles.
A.
The following highways are hereby designated through
highways, and all vehicles approaching said through highways as below
specified shall come to a full stop in accordance with the stop signs
posted at these locations:
(1)
Wolver Hollow Road is hereby designated as a through
highway, and stop signs shall be posted at the following intersecting
roadways entering thereon controlling traffic as indicated:
(2)
Linden Lane is hereby designated as a through highway,
and stop signs shall be posted at the following intersecting roadways
entering thereon controlling traffic as indicated:
(7)
Mill River Road is hereby designated a through highway,
and stop signs shall be posted at the following intersecting roadways
entering thereon controlling traffic as indicated:
[Added 9-19-2000 by L.L. No. 1-2000]
B.
The following intersections are hereby designated
as stop intersections, and stop signs shall be posted at the following
roadways controlling traffic as indicated:
(1)
Wolver Hollow Road and Piping Rock Road controlling
northbound and southbound traffic on Wolver Hollow Road.
(2)
Lawn Lane and Mill River Road controlling westbound
traffic on Lawn Lane.
(3)
Donna Drive and Remsen's Lane controlling southbound
traffic on Donna Drive.
(4)
Wolver Hollow Road and the driveway entrance to the
Brookville School controlling northbound and southbound traffic on
Wolver Hollow Road between the hours of 7:45 a.m. and 9:00 a.m. and
2:00 p.m. and 3:00 p.m., Monday through Friday, between September
1 and June 30.
(5)
Crosswood Lane and Wheatley Road controlling southbound
traffic on Crosswood Lane.
(6)
Hillcrest Lane and Lawn Lane controlling southbound
traffic on Hillcrest Lane.
[Added 9-19-2000 by L.L. No. 1-2000]
Thirty-five miles per hour is hereby established
as the maximum speed limit at which vehicles may proceed within the
corporate limits of this village, except on any state highway where
the laws or regulations applicable to state highways apply.
[Amended 9-16-2008 by L.L. No. 4-2008]
A.
Application of section. The provisions of this section
shall apply except when it is necessary to stop a vehicle because
of an accidental or temporary disability or in compliance with the
directions of a police officer or official traffic control device
or when a temporary written permit has been issued by the Village
police for the parking of vehicles incidental to a meeting or gathering
at a particular location in the Village or where the laws or regulations
applicable to state highways require otherwise.
B.
Parking, standing and stopping prohibited. The parking,
standing and stopping of vehicles is hereby prohibited on all highways
and private roads open to the public within the Incorporated Village
of Upper Brookville.
C.
Parking, standing or stopping on the unpaved shoulder of a public
right-of-way. No vehicle, equipment or trailer shall be parked on
or driven across any Village, county or New York State unpaved shoulder
of a public right-of-way in a manner that causes damage to the vegetation,
the earth or structures on such unpaved shoulder.
[Added 9-19-2016 by L.L.
No. 3-2016; amended 11-20-2017 by L.L. No. 4-2017]
(1)
Any person or persons found violating Subsection C shall be fined $400, plus the cost of repairing any damage to the unpaved shoulder. For this subsection, there shall be a rebuttable presumption that the owner of the vehicle was responsible for all resulting damage to the unpaved shoulder, with remediation not to exceed a maximum amount of $2,000.
(2)
This section shall not apply to any vehicle which is disabled while
being driven on a public road.
(3)
The fine for a second or subsequent conviction of a violation of
this section within 18 months shall be double the fine described above.
D.
No person may park, stand or stop any vehicle, trailer or equipment
upon the paved portion of any Village, county or New York State road
in any manner which unduly restricts, encumbers, or obstructs the
roadway or traffic on the roadway.
[Added 11-20-2017 by L.L.
No. 4-2017]
A.
When any vehicle is parked or abandoned on any highway
within this village, said vehicle may be removed by the Police Department.
B.
After removal of any vehicle as provided in this section,
the Police Department may store such vehicle in a suitable place at
the expense of the owner. Such owner or person in charge of the vehicle
may redeem the same upon payment to the Police Department of the amount
of all expenses actually and necessarily incurred in effecting such
removal and storage.
C.
The Police Department shall, without delay, report
the removal and the disposition of any vehicles removed as provided
in this article to the Village Chief of Police, and it shall be the
duty of the Police Department to ascertain, to the extent possible,
the owner of the vehicle or person having charge of the same and to
notify him of the removal and disposition of such vehicle and of the
amount which will be required to redeem the same.
[Amended 9-19-2000 by L.L. No. 1-2000]
Pavement markings in accordance with the standards
and specifications established by the State Traffic Commission shall
be applied on all highways and streets within the corporate limits
of the village, except on any state highways where the laws or regulations
applicable to state highways require otherwise.
[Amended 12-15-1981 by L.L. No. 1-1981]
A.
It shall be unlawful for any person to operate or
move or cause or knowingly permit to be operated or moved on or over
any of the following streets, highways or avenues owned or maintained
by the village (hereinafter referred to as "village street") any motor
vehicle, truck, tractor, trailer or any other machinery whose weight
alone or in combination with the weight of its load shall exceed five
tons without first obtaining a permit for each vehicle from the Village
Street Commissioner, upon written application therefor, stating the
name of the owner, the character of the vehicle, its weight, its proposed
load, the name of the village street over which its passage is proposed
and the day or days and time of such proposed passage:
|
Cedar Ridge Road
| |
|
Chapel Gate Lane
| |
|
Colony Road
| |
|
Donna Drive
| |
|
Hill Crest Lane
| |
|
Lawn Lane
| |
|
Linda Court
| |
|
Linden Lane
| |
|
Locust Lane
| |
|
Mill River Road
| |
|
Pine Valley Road
| |
|
Planting Fields Road
| |
|
Ripley Lane
| |
|
Terrace Lane
| |
|
The Knoll
| |
|
Victor Court
|
B.
Said permit shall not be issued unless and until there
has been deposited with the village the following:
(1)
A cash deposit made to the Village Street Commissioner for deposit with the Village Treasurer in the amount required by § 112-6 and amendments thereto of Chapter 112, Fees and Deposits, such amount to be measured and/or multiplied by the linear feet of that portion of the village street to be traveled upon by each vehicle, the number of vehicles and the number of days each vehicle will operate on any village street.
(2)
A form of agreement, duly executed and acknowledged
before a notary public, in a form satisfactory to the village's Street
Commissioner, which, by its terms, shall provide that:
(a)
The permittee shall, within 10 days after receiving
written notice of any damage caused by any of his vehicles to any
village street, cause the same to be repaired to the reasonable satisfaction
of the village's Street Commissioner; and
(b)
In the event that the permittee shall fail to repair any damages caused by his vehicle to any village street as provided in Subsection B(2)(a) above, the village shall have the absolute right to use all or a portion of said cash deposit to repair said village street and restore the same to its original condition.
C.
The cash deposit or the remaining portion thereof
shall be returned to the permittee by the Village Treasurer after
the Street Commissioner has certified, in writing, that each village
street used by the permittee's vehicle is in or has been restored
to its original condition before such use.
D.
The regulations established in this section shall
not be construed to prevent the casual delivery or pickup of merchandise
or other property along the village streets from which such vehicles
are otherwise excluded.
[Added 9-19-2000 by L.L. No. 1-2000]
Any person guilty of violating any provision
of this article is guilty of a traffic infraction and subject to the
penalties provided in § 1800 of the Vehicle and Traffic
Law.
The Village Justice is hereby authorized to
establish a Traffic Violations Bureau for the village subject to the
limitations hereinafter set forth.
A.
The Traffic Violations Bureau, when so established,
shall be authorized to dispose of violations of traffic laws, ordinances,
rules and regulations relating to parking only, as follows: by permitting
a person charged with a parking violation to answer within a period
of 20 days at the Traffic Violations Bureau, either in person or by
written power of attorney in the form hereinafter set forth, by paying
the fine designated by the Village Justice for such violation and,
in writing, waiving a hearing in court, pleading guilty to the charge
and authorizing the person in charge of the Traffic Violations Bureau
to make such a plea and pay such a fine in court.
B.
Acceptance of the prescribed fine and power of attorney
by the Traffic Violations Bureau shall be deemed complete satisfaction
for the violation, and the violator shall be given a receipt which
so states.
A.
Any summons charging a parking violation may be served
upon the violator in person or may be affixed to the motor vehicle
involved in the violation.
B.
If in any parking violation case where the summons
was affixed to the motor vehicle and not served personally no one
answers as hereinabove provided within the time designated in the
summons, the Traffic Violations Bureau shall send a letter by certified
mail, return receipt requested, to the registered owner of such vehicle,
as disclosed by the records of the Department of Motor Vehicles, enclosing
a copy of the summons and warning the registered owner that he will
be held responsible for the appearance of the offender and directing
the registered owner to answer the summons in the manner hereinabove
provided within a designated time which shall be not less than six
days from the date of mailing of said letter.
C.
If any person served personally with a summons under this article or if any registered owner of the motor vehicle involved who is served and notified as provided in Subsection A of this section does not answer as hereinabove provided within the designated time, the Traffic Violations Bureau shall cause a complaint to be entered against him forthwith and shall apply for a warrant to be issued for his arrest and appearance before the court.
The Traffic Violations Bureau shall perform
such other or additional duties as shall be prescribed by law, by
the Village Justice or the Board of Trustees of the village.
The power of attorney referred to in this article
shall be in the following form:
|
Power of Attorney
|
|
The undersigned hereby acknowledges service
of the summons herein, waives his right to be represented by an attorney
and waives a hearing in court, pleads guilty to the offense charged
in said summons and authorizes the Clerk of the Traffic Violations
Bureau of the Incorporated Village of Upper Brookville to appear in
court for me, to make such plea of guilty on my behalf and to pay
the prescribed fine using the money enclosed.
|
|
Signed
|
|
Print your name
|
|
Address
|
Nothing contained in this article shall be deemed
to authorize the Traffic Violations Bureau to deprive a person of
his right to counsel or to prevent him from exercising his right to
appear in court to answer to, explain or defend any charge of a violation
of any traffic law, ordinance, rule or regulation.
