[HISTORY: Adopted by the Council of the City of New Rochelle 2-12-1969 by L.L. No. 3-1969. Sections 221-2C(1) and (4) and 221-12 amended at time of adoption of Code; see Ch. 1, General Provisions. Other amendments noted where applicable.]
As used in this chapter, the following terms shall mean and include:
- A building, shed or enclosure or any portion thereof which has the capacity to hold five or more motor vehicles and which is used to accommodate, store or keep any motor vehicle for the payment of a fee or other consideration charged directly or indirectly.
- PARKING LOT
- Any outdoor space or uncovered plot of ground which has the capacity to hold five or more motor vehicles and is used to accommodate, store or keep any motor vehicle for the payment of a fee or other consideration charged directly or indirectly.
It shall be unlawful for any person to maintain, operate or conduct a parking lot or garage without a license therefor, issued by the City Clerk.
A license to maintain, operate or conduct a parking lot or garage shall be granted to a person of good character, in accordance with the provisions of this chapter and the rules and regulations of the City Clerk.
No refund shall be made for a license canceled before expiration.
Every such license shall expire on the 30th day of April next succeeding the date of issuance thereof.
Notwithstanding the provisions above, a fee as set forth in Chapter 133, Fees, shall be paid for a license to conduct a parking lot or garage maintained, operated or conducted in conjunction with a business and for the accommodation of patrons of such business or the employees of such business.
The provisions of this chapter shall not apply to the maintenance, operation or conduct of a parking lot or garage by the City or any agency thereof or to premises used exclusively for the dead storage of motor vehicles or any parking space which is maintained solely for the accommodation of employees, patrons and/or invitees of the owner or lessee of said parking space, provided that no parking fee is charged, nor shall they apply to parking lots maintained solely for tenants of multiple dwellings.
Each applicant for such license shall file with the City Clerk a written application in such form and containing such information as may be prescribed by the City Clerk.
Every applicant for a license to maintain, conduct or operate a parking lot or garage shall file with the City Clerk a schedule of rates showing the prices charged for daily, weekly and monthly parking or storage of motor vehicles.
Each such licensee shall post conspicuously at the public entrance to the parking lot or garage a sign composed of letters and figures at least six inches in height. Such sign shall set forth the schedule of rates charged, the hours during which such parking lot or garage will remain open for business and the maximum capacity of such parking lot or garage. Where more than one rate is charged for the parking or storage of a motor vehicle, the letters and figures designating each such rate shall be of the same size and dimensions.
No licensee shall make any charge for parking or storing in a parking lot or garage in excess of the rates set forth in the schedule filed with the City Clerk unless, and until at least 90 days prior to the effective date of such changed rates, such licensee has filed with the City Clerk, in writing, such change in rates and has posted such changed rates on signs which conform to the requirements of Subsection B hereof.
No license issued under the provisions of this chapter shall be transferred or assigned to any person or used by any person other than the licensee to whom it was issued, nor shall such license be used at any location other than the location stated in such license.
Every licensee, at the time of accepting a motor vehicle for parking or storage, shall furnish to the driver of such vehicle a distinctive claim check acknowledging the receipt of the vehicle and showing the date of such acceptance. Every such claim check shall contain the name of the licensee and his license number. Such licensee shall not be required to issue a claim check for any vehicle which is parked or stored on a weekly or monthly basis, nor for any vehicle parked in a parking lot where the patrons are permitted to park and lock their own cars.
No motor vehicle shall be accepted by a licensee for parking or storage in excess of the capacity of the parking lot or garage, as shown in the license. Whenever the maximum capacity of a parking lot or garage has been reached, the licensee shall post, at the public entrance thereof, a sign, composed of letters at least six inches in height, stating that such maximum capacity has been reached.
Vehicles shall be stored or parked on the licensed premises in such manner as shall be prescribed by the rules and regulations of the City Clerk, for the purpose of safeguarding persons and property and permitting adequate inspection of the premises.
Every license issued pursuant to this chapter shall be subject to suspension or revocation upon the failure of such licensee to pay or satisfy any judgment secured against him by anyone who parked or stored a motor vehicle in the parking lot or garage licensed hereunder, provided that such judgment was secured in a court of competent jurisdiction against the licensee for acts of commission or omission with regard to the business maintained, operated or conducted by him pursuant to the license issued hereunder.
The City Clerk may promulgate such rules and regulations as may be necessary to carry out the provisions of this chapter.
Any license may be suspended or revoked by the City Clerk, and any application for a renewal thereof denied, for the failure of the licensee to comply with any applicable provision of law or any rule or regulation duly promulgated by the City Clerk. No license shall be revoked unless and until notice and an opportunity to be heard shall have been given to the licensee.
Any person who shall violate or fail to comply with any provision of this chapter or any rules or regulations promulgated thereunder shall, upon conviction thereof, be punished by a fine of not more than $250 for each offense or by imprisonment for not more than 15 days, or by both.