The Village Board of the Incorporated Village
of Lindenhurst hereby finds and declares, as a matter of legislative
determination and by authority of the Vehicle and Traffic Law, that
it is in the best interest of the public and for the welfare and safety
of the inhabitants of the Incorporated Village of Lindenhurst to regulate
and control traffic, to prevent congestion of traffic and to expedite
the orderly movement thereof and that this article be enacted.
Whenever road conditions in the Incorporated
Village of Lindenhurst shall become hazardous or such that the free
movement of fire, health, police, emergency or other vehicular traffic
may become impeded by reason of snow, freezing rain, sleet, ice or
other natural causes, the Mayor or such other person designated by
him may and he hereby is authorized to declare the existence of an
emergency.
The declaration of the emergency as aforesaid
stated shall be conveyed to the public by radio announcement on two
local radio stations or in one daily newspaper of general circulation
in the Incorporated Village of Lindenhurst and shall constitute notice
to the general public.
The emergency so declared shall be deemed to continue for a period of 72 hours unless terminated by the Mayor or the person designated by him in accordance with § 185-50 hereof, and termination of the emergency may be declared as to one or more snow streets prior to the seventy-two-hour period or the complete emergency terminated as aforesaid.
A.
It is ordered and directed that the following named
streets in the Incorporated Village of Lindenhurst be and the same
are hereby designated as "snow streets," and appropriate signs shall
be posted on said streets:
(1)
All of North Wellwood Avenue within the Village limits
and South Wellwood Avenue from Hoffman Avenue south to Montauk Highway.
(2)
All of West Hoffman Avenue north of the railroad viaduct,
and East Hoffman Avenue north of the railroad viaduct from North Wellwood
Avenue east to North Delaware Avenue.
B.
Such other streets may be designated as "snow streets"
by the Mayor as may, in his discretion, be advisable or necessary
to further carry out the provisions and intent of this article.
After the declaration of an emergency and the
giving of public notice as aforestated, it shall be unlawful for the
owner or driver of a motor vehicle to cause, permit, allow or suffer
said vehicle to become stalled or immobile on any street designated
as a "snow street" unless at least two wheels of said vehicle shall
be equipped with snow tires or tire chains or skid chains or mud hooks.
As used in this article, the following terms
shall have the meanings indicated:
Shall consist of the cross chains designed for giving added
traction. At least two sets of "mud hooks" on each of two wheels shall
be required to comply with the requirements herein.
Such tires having a recognized tread or thickness of rubber
adapted to give added traction and skid resistance on wet, icy or
snow-covered areas; tires which are so worn as to have less than five
thirty-seconds (5/32) of an inch of recognizable tread shall be deemed
inadequate and not in compliance with the requirements of this article.
Those designed and constructed to encircle the outside perimeter
of tires.
A.
It shall be unlawful to cause, permit, allow or suffer
any vehicle to be left unattended on any snow street after the first
two hours following the declaration of an emergency as aforesaid.
Where the driver of such vehicle cannot be located, the violation
of this provision shall be presumed to be that of the registered owner
of the vehicle.
Any vehicle left unattended as set forth in § 185-56A herein or which shall be stalled or otherwise unable to be moved on any snow street during an emergency may be towed or removed or caused to be removed under the direction of the Police Department, and a charge of not more than $50, in addition to any other penalty herein prescribed, shall be charged to the owner of said vehicle. Said towing charge shall be paid prior to the release of said vehicle.
[Amended 5-3-2011 by L.L. No. 2-2011]
A violation of any provision of this article
shall be punishable by a fine of not less than $100 nor more than
$500. In addition, punishment by imprisonment for not more than 30
days may be imposed for any violation.
