Fines, summonses; late charge.
Any person who shall violate § 172-23 (Handicapped parking space violations) of this Code shall be subject to a fine of $100, plus the mandatory surcharge.
Any person who shall violate § 172-25 (Fire hydrant and fire zone parking violations) of this Code shall be subject to a fine of $100 plus the mandatory surcharge.
Any person who shall violate any other provision of this chapter relating to parking shall be subject to a fine of $25.
A summons must be answered within 15 days of issuance by endorsing a plea of guilty or not guilty in the indicated place thereon and returning said endorsed summons to the court. If the defendant enters a plea of guilty, the defendant will pay the applicable fine set forth on the summons. The fine may be paid by mail with the plea of guilty or in person at the office of the Court Clerk. If a plea of not guilty is entered, the defendant will be notified of a court appearance date for trial. In the event that the defendant fails to answer the summons or fails to pay the fine or fails to appear on the scheduled court appearance date, or in the event that the defendant timely appears in court, is found guilty of a violation of this chapter and then fails to pay the fine within the time prescribed by the court or within 30 days thereafter if no specific date is prescribed, the fine shall be doubled. If such fine remains unpaid 60 days after the issuance of the summons or the imposition of a fine by the court after a determination of guilt, then the fine shall be three times the amount provided for on the summons. If such fine remains unpaid 90 days after the issuance of said summons or the determination of guilt, an administrative fee of $20 shall be added to the amount already due herein.
Upon the defendant's failure to pay the fine prior to the court date or on the court date, or upon the defendant's failure to pay the fine within the time prescribed by the court, a delinquency notice shall be sent to the defendant at the address given by the defendant to the Department of Motor Vehicles at the time the defendant registered a motor vehicle under the licensee plate number shown on the summons.
After said delinquency notice has been sent, an additional late charge of $25 shall be added to the fine and initial late charge in the event that the defendant fails to appear in court or pay the fine and initial late charge within 45 days of the court date set forth on the summons or within 15 days of the date on which said delinquency notice is sent, whichever is later.
The Village Justice may waive the late charge under such circumstances as he deems proper. Failure to respond to a parking summons may also result in the issuance of a warrant for arrest, denial of registration or renewal application and assessment of further penalties as provided by applicable law.
Police officers of the Village of Amityville are hereby authorized to and shall, at their direction, immobilize and/or tow any motor vehicle, on which there are three or more outstanding parking violations, warrants for nonappearance or unpaid fines. Said vehicles shall be immobilized by use of a wheel lock, other immobilization device, or towed by a licensed towing service.
[Amended 4-27-2015 by L.L. No. 3-2015]
Any vehicle immobilized or towed pursuant to Subsection A shall be promptly released to its owner by the Police Department upon the posting of a cash bond equal to the maximum potential fines for outstanding summons and unpaid fines and penalties already imposed, together with an administrative immobilization fee of $250 and towing costs, if any; or, in the alternative, upon the proper disposition of such summonses by a plea of guilty and payment in full of the appropriate fines and penalties along with such administrative/towing fees. If all of the summonses are dismissed or the defendant is found not guilty, said bond shall be returned and the administrative/towing fees shall be waived, except such fees shall remain due, if a warrant shall have issued.
[Amended 4-27-2015 by L.L. No. 3-2015]
At the time said vehicle is immobilized, the police officer shall affix to the windshield of such vehicle a notice containing the following information:
The location and identifying characteristics of the vehicle.
Date and time of placement of the device and signature of the installer.
Notice that further parking restrictions will be waived during the immobilization period.
Notice that any person tampering with the device or the vehicle will be subject to prosecution and liable for any loss to the Village.
The procedure to obtain the release of the vehicle.
Such other information as the Chief of Police shall from time to time deem necessary.
No person shall park an automobile or other vehicle on the grounds of any public park, bathing beach, public parking field or other public place in the Village contrary to posted signs or instructions of the Police Department or Board of Trustees indicating the manner of such parking, or contrary to the instructions of any police officer or other person in charge of such parking field or public place.
On state highways, parking shall be parallel to the curb, and the spaces shall be so marked as to conform to state traffic regulations.
It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a space for handicapped parking unless the vehicle bears a permit issued under § 1203-a of the Vehicle and Traffic Law or a registration issued under § 404-a of the Vehicle and Traffic Law, and such vehicle is used for the transportation of a severely disabled or handicapped person.
The parking of vehicles is hereby prohibited in the locations described in Schedule XII (§ 172-59) for a longer period of time than that designated, during the hours indicated, provided that said time limit shall not be applicable upon those portions of said streets where parking meters have been installed and are in operation.
It shall be a violation for any person to stop, stand or park a vehicle in any area marked as a fire hydrant or fire safety zone or in such a way as to block access by a fire vehicle to a fire hydrant from the street adjacent to such hydrant.
Restrictions. No vehicle shall be parked or permitted to stand unattended on a public highway in the Village between the hours of 3:00 a.m. and 6:00 a.m. unless a permit therefor has first been obtained from the Board of Trustees and there is conspicuously affixed to or displayed on such vehicle a sticker, tag or other identification in such form and manner as shall be prescribed by the Village Clerk.
Emergency provisions. Informal requests for on-street overnight parking may be authorized by the officer in charge of the Police Department for no more than two nights per year per household without charge to the owner of the vehicle.
Temporary permits. In the event that any household requires permission for on-street overnight parking for more than two nights but not more than 30 nights per year, such request may be authorized by the Chief of Police or the Village Clerk. In such cases, a temporary permit will be issued, the fee for which shall be established and modified from time to time by resolution of the Board of Trustees. Not more than one temporary permit will be issued per vehicle each year.
Fees. The fee for overnight parking permits shall be established by the Board of Trustees by resolution.
Issuance and transferability of permit. All permits for such parking shall be issued by the Village Clerk in accordance with applications and forms therefor approved by the Board of Trustees. Such a permit shall be issued only to a person residing in an area in the Village where, as determined by the Board of Trustees, adequate off-street parking is not available. No permit shall be transferable from one owner to another or from one vehicle to another.
Suspension and revocation of permit. Permits granted under this section may be suspended by the Mayor until the meeting of the Board of Trustees first ensuing after such suspension and may be revoked at any time by the Board of Trustees if the owner, operator or driver of the vehicle for which a permit has been issued shall have violated any of the provisions of this section, any stipulations imposed on such permit, or shall be found to be no longer qualified to hold such permit.
Limitations on permit. No permit issued pursuant to this section shall authorize the holder thereof to park or permit to stand unattended any vehicle on a public highway within the Village during any snowstorm, flood, fire or other public emergency or shall restrict the authority of the Department of Public Works or the Police Department of the Village to remove the same.
Exceptions. The ban on overnight parking shall not apply to the parking of any vehicle used by a clergyman, practicing physician, public official or employee, public utility repairman or other person while rendering an essential service during an emergency.
Notice of overnight parking prohibition. Signs so limiting the hours of parking shall be placed at the points of entry into the Village, said points of entry to be designated by the Board of Trustees, and at such other locations as the Board of Trustees may from time to time designate by resolution.
[Amended 3-8-2010 by L.L. No. 2-2010]
Upon the filing of any application for an on street overnight parking permit in accordance with § 172-26, there shall be paid to the Village Clerk a fee to be established by the Board of Trustees by resolution.
It shall be unlawful to make repairs to any vehicle or to park or store any vehicle for the purpose of making repairs in any public street or public place in the Village, except in the case of emergency repairs. It shall be unlawful to park or store any vehicle to paint, wash or clean the same or part thereof in any public street or public place in the Village.
It shall be unlawful to park or store any vehicle for the purpose of advertising in any public street or public place in the Village.
It shall be a violation for any person to stop, stand or park a vehicle on any street in the Village in one or more of the following ways:
Blocking all or any part of a designated pedestrian crosswalk.
Double parking, stopping or standing.
Parking, stopping or standing in a direction opposite to the direction of traffic.
Parking, stopping or standing more than 12 inches from the curb or an outside edge of the paved surface of any street without curbing.