Town of Clarkstown, NY
Rockland County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clarkstown as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 278.
[Adopted 1-22-1985 by L.L. No. 2-1985 (Art. I of Ch. 71 of the 1974 Code)]

§ 200-1 Legislative intent.

[Amended 1-25-2005 by L.L. No. 1-2005]
It is the intention of the Town Board of the Town of Clarkstown by this article to regulate parking in Town commuter parking lots for the benefit and use of persons commuting to and from their employment, to encourage carpooling and the use of public transportation, to reduce traffic and air pollution and better serve our suburban community.

§ 200-2 Designation of parking areas, posting and signage.

[Amended 1-25-2005 by L.L. No. 1-2005]
The Town Board, in its discretion, may obtain, by purchase, lease, license or otherwise, areas to be designated as commuter parking lots, and such areas, when so designated by Town Board resolution, shall be subject to the provisions of this article upon posting of notice of such designation. The Superintendent of Highways shall install and maintain adequate signage in these areas designated so as to notify users of the rules and regulations of the facility.

§ 200-3 Nighttime parking restricted to designated areas.

[Amended 2-10-1987 by L.L. No. 4-1987; 9-11-1991 by L.L. No. 6-1991; 3-11-1997 by L.L. No. 5-1997; 1-25-2005 by L.L. No. 1-2005]
Parking in a designated commuter parking lot of the Town between the hours of 12:00 midnight and 4:00 a.m. is prohibited except in those specific areas designated for overnight parking by the Superintendent of Highways, who shall be responsible for maintenance and upkeep of commuter parking lots. The Superintendent of Highways shall designate an area in each commuter parking lot for overnight parking. The area so designated shall, in the discretion of the Superintendent of Highways, be based on the size of the lot, the demand for overnight parking, snow removal and stockpiling concerns. Such areas shall be appropriately lined and signed. Overnight parking in such designated areas is hereby limited for use solely by commuter vehicles for the occasional business trips or overnight stays at the commuters’ travel location, and for no other purpose. Any use other than that as herein permitted shall be punishable as provided in § 200-5A.

§ 200-4 Permits, fees, or waiver by Town Board.

[Amended 1-25-2005 by L.L. No. 1-2005]
Commuter parking permits shall be available and issued at the office of the Town Clerk to residents of the Town of Clarkstown and nonresidents upon application therefor and the payment of the required annual fee, which shall be established as provided herein.
A. 
Permit fees shall be established annually by resolution of the Town Board adopted after the enactment of this article and thereafter in the month of December for the next calendar year. The Town Board may defer adoption, waive or suspend any permit procedure or fees in its discretion. The Town Board may establish a greater annual permit fee for nonresidents whenever permitted by law.
B. 
Permits issued pursuant to this article are not transferable.
C. 
Permits, when issued, shall be affixed to the inside of the vehicle so as to be readable from the windshield.
D. 
Whether or not a permit or fee is required or waived, parking in designated commuter lots is for the sole use of commuter passenger vehicles in appropriately designated spaces and for no other purpose. Retail sales, vending, advertising, auto sales, athletic activities, storage of commercial vehicles or equipment or any other activity unrelated to parking of commuter vehicles is prohibited.

§ 200-5 Enforcement; penalties for offenses.

[Amended 1-25-2005 by L.L. No. 1-2005]
Any person who shall park a vehicle in violation of the provisions of this article or engage in any other prohibited activity in any Town-owned or -controlled commuter parking lot shall be subject to a fine of not more than $50 for the first offense and not more than $100 for the second offense. Each subsequent offense is subject to a fine of up to $250. Enforcement authority of this article is vested in the Clarkstown Police Department, the Superintendent of Highways and code enforcement officials of the Town of Clarkstown who are authorized to issue uniform traffic summons or appearance tickets to violators.

§ 200-6 Removal of unauthorized vehicles.

In addition to the penalties herein provided, any vehicle parked or unattended in any parking lot designated as a town commuter parking lot in violation of this Article will be subject to removal, and it shall be the obligation of the owner of any such vehicle to pay the costs of removal and storage charges which may result from such removal before the owner shall be entitled to recover possession of the vehicle.

§ 200-7 Presumption.

In the event of a violation of this Article, there shall be a presumption that the registered owner of the vehicle is the person who parked said vehicle.
[Adopted  2-10-1987 by L.L. No. 4-1987 (Art. II of Ch. 71 of the 1974 Code); amended in its entirety 1-25-2005 by L.L. No. 1-2005]

§ 200-8 Legislative intent.

It is the intention of the Town Board of the Town of Clarkstown by this Article II to regulate parking in Town municipal parking lots for the benefit and use of persons who have business with Town departments and agencies, for the benefit of employees of the Town who commute to work, to promote local shopping and to enhance the benefits provided by the Town’s Hamlet Revitalization Program.

§ 200-9 Designation of areas.

The Town Board may, in its discretion, by resolution, designate parking areas adjacent to government offices and facilities, or other areas such as hamlet centers, as municipal parking lots. Such lots, when so designated, shall be subject to the provisions of this article upon the posting of notice. Municipal parking lots serving hamlet centers now in existence or subsequently created shall be lined, signed and posted by the Superintendent of Highways with rules and regulations regarding permitted use, hours of operation and other information subject to Town Board resolution.

§ 200-10 Permit required for employee parking.

It shall be unlawful for any person to park a vehicle in any designated municipal parking lot that is posted as reserved for employees unless the vehicle has a valid parking permit displayed thereon. All other vehicles may lawfully park in areas designated for visitor parking only for such period of time as is necessary for the operator or occupant to transact business with the Town or otherwise as posted. Parking in municipal parking lots serving hamlet centers shall be unlawful unless in compliance with appropriate signage and posting by the Superintendent of Highways. No other activity, such as retail sales, vending, advertising, auto sales, athletic activities, storage of commercial vehicles or equipment, or any other activity which shall interfere with the intended use for municipal parking, shall be permitted, and any such activity shall be deemed an offense subject to the penalties provided in § 200-12.

§ 200-11 Issuance and display of permit.

A. 
The Town Board, in its discretion, shall issue employee permits in accordance with the availability of space and the type of services provided by the employee.
B. 
Permits shall be displayed on the front dashboard so as to be visible through the windshield.

§ 200-12 Enforcement; penalties for offenses.

[Amended 4-9-2013 by L.L. No. 2-2013]
Any person who shall park a vehicle or engage in any other prohibited activity in any Town-owned or -controlled municipal parking lot in violation of this article shall be subject to a fine of not more than $1,000. Any person found guilty of a second offense of any provision of this chapter within 18 months of the date of the first conviction shall be punished by a fine of not less than $2,500 and not more than $5,000. Any person found guilty of a third or subsequent offense of any provision of this chapter within 18 months of the date of the second conviction shall be punished by a fine of not less than $5,000 and not more than $7,500. Enforcement authority of this article is vested in the Clarkstown Police Department, the Superintendent of Highways and code enforcement officials of the Town of Clarkstown who are authorized to issue uniform traffic summonses or appearance tickets to violators.

§ 200-13 Removal of unauthorized vehicles.

In addition to the penalties herein provided, any vehicle parked or unattended in any parking lot designated as a town municipal parking lot in violation of this Article will be subject to removal, and it shall be the obligation of the owner of any such vehicle to pay the costs of removal and storage charges which may result from such removal before the owner shall be entitled to recover possession of the vehicle.

§ 200-14 Presumption.

In the event of a violation of this Article, there shall be a presumption that the registered owner of the vehicle is the person who parked said vehicle.