Town of Clifton Park, NY
Saratoga County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Clifton Park as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 176.
[Adopted 8-13-1991 by L.L. No. 14-1991]

§ 194-1 Purpose.

The purpose of this article is to protect the public health, welfare and safety by prohibiting and/or regulating the parking and/or operating of motor vehicles within the Town of Clifton Park.

§ 194-2 Definitions.

The following words when used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them in this section.
PARKING
When parking is prohibited by this article, no person shall park a vehicle, whether occupied or not, but may stop or stand temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers or in the event of an emergency.
PERSON
Every natural person, firm, partnership, association or corporation.
STOP or STOPPING
When prohibited, means any halting, even momentarily, of any vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic, to comply with the directions of a police officer or traffic control sign or signs or in the event of an emergency.
VEHICLE
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 devices used exclusively upon stationary rails or tracks.

§ 194-3 Authority.

Pursuant to Vehicle and Traffic Law § 1660-a, Subdivision 10, and upon the written request of any of those individuals set forth in § 1660-a of the Vehicle and Traffic Law, the Town Board of the Town of Clifton Park does hereby:
A. 
Add the position of Security Officer and continue the position of Parking Enforcement Officer and Code Enforcement Officer (hereinafter "Officer"), whose duties shall include enforcement of this article. This article may also be enforced by any other local law enforcement agency.
[Amended 7-15-2002 by L.L. No. 6-2002]
B. 
Authorize the Officer to designate, in accordance with the New York State Uniform Fire Prevention and Building Code, certain parking spaces as places for parking for handicapped persons to whom a permit has been issued pursuant to Vehicle and Traffic Law § 1203-a and for severely disabled persons to whom a special registration has been issued pursuant to Vehicles and Traffic Law § 404-a.

§ 194-4 Handicapped parking; fine upon conviction.

[Amended 3-20-1995 by L.L. No. 3-1995]
A. 
The Clifton Park Town Board recognizes the importance of providing individuals with disabilities with accessible parking spaces within the Town of Clifton Park. In order to ensure that such parking spaces are readily available, it is appropriate to raise fines for persons convicted of parking in a space reserved for people with disabilities without special plates or a special parking permit.
B. 
No person shall stop, stand or park a vehicle in any space designated as a place for handicapped parking unless the vehicle bears a permit issued under Vehicle and Traffic Law § 1203-a or a registration under Vehicle and Traffic Law § 404-a and, in all cases, such vehicle is being used for the transportation of a handicapped or severely disabled person.
C. 
Penalties.
[Amended 5-2-2005 by L.L. No. 4-2005]
(1) 
A conviction for the violation of parking in a space reserved for people with disabilities, without valid special plates or a valid special parking permit, shall be punishable by a fine not to exceed $200, or a term of imprisonment not to exceed 15 days, or by both such fine and imprisonment.
(2) 
For conviction of a second offense committed within 18 months of the first, the court shall impose a fine not less than $150, nor more than $300, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment.
(3) 
For a conviction of a third or subsequent offense committed within 18 months of the first, the court shall impose a fine of not less than $250, nor more than $500, or a term of imprisonment not to exceed 15 days, or both such fine and imprisonment.

§ 194-5 Stopping, parking and standing regulations.

A. 
No person shall stop, park or leave standing any vehicle, whether or not attended and/or occupied, upon the paved part or the main traveled part or along the shoulder of that portion of Clifton Park Center Road lying between Hemlock Drive and Beechwood Drive, Ivy Court, Evergreen Avenue, Elm Place and Biette Road.
[Amended 4-6-1998 by L.L. No. 2-1998]
B. 
No person shall park or leave unattended any vehicle on any public or Town highway, road or street on the roads known and designated as Tallow Wood Drive and Heartwood Court during the time period of 11:00 p.m. through 6:00 a.m.
C. 
No person shall park and leave unattended any vehicle on the road known and designated as Tracey Court during the time period of 7:00 a.m. through 4:00 p.m. Monday through Friday.
[Added 11-17-2003 by L.L. No. 11-2003]
D. 
No person shall park or leave unattended any vehicle on the street or road known as Parkside Trail at any time where no-parking signs are posted.
[Added 4-5-2010 by L.L. No. 2-2010]

§ 194-6 Parking during snowfalls.

No person shall park or leave unattended any vehicle on the pavement or shoulder of any Town highway, road or street during a period of snowfall, sleet, freezing rain or other winter-type weather and for a forty-eight-hour period after the precipitation ceases.

§ 194-7 Recreational vehicles.

No person shall park or leave unattended any recreational vehicle, boat and/or trailer on any Town highway, road or street for longer than a forty-eight-hour period.

§ 194-8 Parklands.

[Amended 4-6-1998 by L.L. No. 2-1998]
No person shall operate or drive a vehicle on Town parklands other than on the recognized and customarily traveled, paved and/or graveled roadways and/or parking lots. Additionally, the use of motorized vehicles shall be restricted on Town-wide trails as provided in § 152-14 of the Town Code.[1]
[1]
Editor's Note: See now Ch. 153, Parks, Art. V, Town Trails, § 153-21, Motorized vehicles restricted.

§ 194-9 Driving on shoulders of highways.

No person shall operate or drive a vehicle on the shoulder of any highway within the Town of Clifton Park, absent emergency circumstances.

§ 194-10 Reckless and destructive driving.

No person shall operate or drive a vehicle in an unsafe, reckless or destructive manner nor operate or drive any vehicle in a manner that creates a public nuisance or annoyance.

§ 194-11 Parking in designated areas only.

No person shall park or leave unattended any vehicle in any area of the Clifton Commons or other Town-owned parks other than in designated areas and/or spaces.

§ 194-12 Parking near emergency locations.

No person shall park any vehicle other than emergency vehicles upon the street or roadway in front of any firehouse or ambulance station or within a radius of 15 feet of any fire hydrant or within 500 feet of any building or area where a fire is located.

§ 194-13 Parking in fire lanes.

[Amended 10-17-1994 by L.L. No. 8-1994]
No person shall park or leave unattended any vehicle in any fire lane. In certain posted areas, vehicles in violation of this section may be towed away as provided in § 73-15 of this Code.

§ 194-14 Penalties for offenses.

[Amended 3-20-1995 by L.L. No. 3-1995; 5-2-2005 by L.L. No. 4-2005]
A. 
A violation of any section of this article shall be deemed a violation.
B. 
Except as otherwise set forth in § 194-4, upon a conviction of a violation of this article, such violation shall be punishable by a fine not to exceed $150, or a term of imprisonment not to exceed 15 days, or by both such fine and imprisonment.
[Amended 3-20-1995 by L.L. No. 3-1995]
C. 
Except as otherwise set forth in § 194-4, upon a second conviction of a violation of this article, both committed within 18 months, such violation shall be punishable by a fine not to exceed $250, or a term of imprisonment not to exceed 15 days, or by both such fine and imprisonment.
D. 
Except as otherwise set forth in § 194-4, upon a third or subsequent conviction of a violation of this article, all committed within 18 months, such violation shall be punishable by a fine not to exceed $500, or a term of imprisonment not to exceed 15 days, or by both such fine and imprisonment.

§ 194-15 Reimbursement for blood test expenses.

[Added 6-17-1996 by L.L. No. 4-1996]
Anyone convicted in the Town Court for an alcohol or drug related driving offense shall reimburse the Town for any blood test expenses the Town incurs with regard to such person within 30 days of such conviction.
[Adopted 10-4-2004 by L.L. No. 2-2004]

§ 194-16 Purpose.

The purpose of this article is to impose a local surcharge on convictions rendered in the Town Justice Court pursuant to the enabling authority of § 1809-D of the New York State Vehicle and Traffic Law, as added by Chapter 56 of the Laws of 2004.

§ 194-17 Local surcharge on convictions.

For convictions rendered in the Town of Clifton Park Justice Court for violations committed between the effective date of this article and September 1, 2005, which convictions are subject to a mandatory surcharge imposed pursuant to § 1809 of the New York State Vehicle and Traffic Law, there shall be an additional surcharge of $10 per violation.

§ 194-18 Payment to Clerk of Court; Disposition of Surcharge.

The surcharge authorized by § 194-16 of this article shall be paid to the clerk of the court that rendered the conviction. Within the first ten days of the month next succeeding the collection of such surcharge, the court shall pay the surcharge upon application to the chief fiscal officer of the Town which imposed such surcharge. Such chief fiscal officer shall require such proof as is necessary in order to determine whether a refund is required by law.

§ 194-19 Refunds.

Any person who has paid a surcharge authorized by this article which is ultimately determined not to be required by this article shall be entitled to a refund of such surcharge upon application to the chief fiscal officer of the Town which imposed such surcharge. Such chief fiscal officer shall require such proof as is necessary in order to determine whether a refund is required by law.