The provisions of this article shall apply except
when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or
official traffic control device.
Wherever a space shall be marked off on the
surface of a street or public parking lot for the parking of an individual
vehicle, every vehicle there parked shall be parked within the lines
bounding such space.
No person shall park any vehicle between the
curb and sidewalk on any street in the Town of Southeast.
No person shall park any vehicle in the following
areas:
A.
On any street in such a manner as to block any public
or private drive, sidewalk or crosswalk.
B.
In front of or within 15 feet of either side of the
entrance of any theater, auditorium, bank, hospital, funeral home
or other building when large assemblages of people are being held,
except briefly to take on or discharge passengers or freight.
C.
In any manner which blocks or obstructs the flow of
traffic on any street.
D.
Within 200 yards of its former position in a restricted
or limited time parking area.
E.
On any street for the purpose of advertising a vehicle
for sale or for displaying advertising, except by special permit of
the Town Board.
F.
On Independent Way, including the shoulders thereof,
at any location for its entire length.
[Added 12-19-1996 by L.L. No. 6-1996]
[Amended 1-18-2001 by L.L. No. 1-2001]
The parking or standing of vehicles is hereby
prohibited at all times in locations determined by the Town Board.
Such locations shall contain signs indicating such parking prohibition.
A.
Argonne Road. Parking and standing shall be prohibited
on both sides of the road, from the intersection of Route 6 on the
easterly end of Argonne Road to the intersection of Argonne Road with
Route 6 at the westerly terminus of Argonne Road.
B.
International Boulevard. Parking and standing shall
be prohibited on both sides of the road, from the intersection of
International Boulevard with NYS Route 312 on the easterly end of
International Boulevard to the intersection of International Boulevard
with Zimmer Road at the northwesterly terminus of International Boulevard.
[Added 1-16-2003 by L.L. No. 1-2003]
C.
Nichols Road. Parking and standing shall be prohibited
on both sides of the road, from the intersection of Nichols Road with
Dingle Ridge Road on the easterly end of Nichols Road to the intersection
of Nichols Road with NYS Route 121 (Peach Lake Road) on the westerly
end of Nichols Road.
[Added 1-22-2004 by L.L. No. 1-2004]
D.
Putnam
Avenue. Parking and standing shall be prohibited on both sides of
the road from the intersection of Putnam Avenue with NYS Route 6 at
Drewville Road northeasterly to Bloomer Road.
[Added 6-23-2011 by L.L. No. 8-2011]
E.
Fields
Lane. Parking and standing shall be prohibited on both sides of the
road, from the border of the Town of North Salem to the terminus at
Dean's Corners Road (CR-55).
[Added 4-26-2012 by L.L. No. 1-2012]
F.
Railroad Avenue. Parking and standing shall be prohibited on both
sides of the road, from the border of the Village of Brewster to the
terminus at NYS Route 22.
[Added 5-23-2019 by L.L.
No. 4-2019]
G.
Pugsley
Road. Parking and standing shall be prohibited on both sides of the
road, from the border of the Town of Patterson to the terminus at
NYS Route 312.
[Added 5-25-2023 by L.L. No. 7-2023]
[Added 8-21-1997 by L.L. No. 6-1997;
amended 1-18-2001 by L.L. No. 1-2001]
There shall be no parking of any motor vehicles
upon the following streets between the hours of 10:00 p.m. and 5:00
a.m. within the Town of Southeast at any time during the year:
A.
(Reserved)
[1]
Editor's Note: Former § 131-10,
Nighttime parking prohibited certain hours, was repealed 1-20-1994
by L.L. No. 1-1994.
A.
Between November 15 and April 1 of the following year,
no person shall park a motor vehicle on any Town highway between the
hours of 12:00 midnight and 6:00 a.m., and no person operating a motor
vehicle on a Town highway on which there is a covering of snow, sleet
or ice shall allow such vehicle to become stalled, wholly or partly,
because the drive wheels thereof are not equipped with effective tire
chains or snow tires. No person operating a motor vehicle on Town
highways on which there is a covering of snow, sleet or ice or on
which there is a parking prohibition in effect shall park or allow
such vehicle to become stalled because the motor fuel supply is exhausted
or the battery has become inoperative.
[Amended 1-20-1994 by L.L. No. 1-1994]
B.
Whenever a vehicle becomes stalled for any reason,
whether or not in violation of this section, the person operating
such vehicle shall take immediate action to have the vehicle towed
or pushed off the roadway. No person shall abandon or leave this vehicle
in the roadway of a Town highway (regardless of whether he indicates,
by raising the hood or otherwise, that the vehicle is stalled) except
for the purpose of securing assistance during the actual time necessary
to go to a nearby telephone or to a nearby garage, gasoline station
or other place of assistance and return without delay.
C.
Removal, impounding and return of vehicles.
(1)
Members of any local law enforcement department, the
Town Code Enforcement Officer, Parking Enforcement Officer and Town
Highway Superintendent are hereby authorized to remove or have removed
a vehicle from a street to the nearest garage or other place of safety,
including another place on a street, or to a garage designated or
maintained by the Town Board or otherwise maintained by this Town
when the vehicle is stalled on a Town highway and the person who was
operating such vehicle does not appear to be removing it in accordance
with the provisions of this section.
(2)
Whenever an officer removes or has removed a vehicle
from the street, as authorized in this section, and the officer knows
or is able to ascertain from the registration records in the vehicle
the name and address of the owner thereof, such officer shall immediately
give notice, in writing, to such owner of the fact of such removal
and the reasons therefor and the place to which such vehicle has been
removed. In the event any such vehicle is stored in a public garage,
a copy of such notice shall be given to the proprietor of such garage.
(3)
Whenever an officer removes or has removed a vehicle
from a street under this section and does not know and is not able
to ascertain the name of the owner or for any other reason is unable
to give notice to the owner as hereinbefore provided and in the event
that the vehicle is not returned to the owner within a period of three
days, then and in that event, the officer shall immediately send or
cause to be sent a written report of such removal by mail to the state
department whose duty it is to register motor vehicles and shall file
a copy of such notice with the proprietor of any public garage in
which the vehicle may be stored. Such notice shall include a complete
description of the vehicle, the date, time and place from which removed,
the reasons for such removal and the name of the garage or place where
the vehicle is stored.
(4)
No person shall recover any vehicle removed in accordance
with this section except as provided herein. Before the owner or person
in charge of such vehicle shall be allowed to recover it from the
place where it has been placed or impounded, he shall present to a
member of the local law enforcement agency responsible for having
such vehicle impounded evidence of his identity and right to possession
of the vehicle, shall sign a receipt for its return, shall pay the
costs of removal and shall pay any cost of storage accrued. Until
paid, these charges constitute a lien on the vehicle which may be
enforced in the same manner as a garagekeeper's lien.
(5)
It shall be the duty of the local law enforcement
agency to keep a record of each vehicle removed in accordance with
this section. The record shall include a description of the vehicle,
its license number, the date and time of its removal, where it was
removed from, its location, the name and address of its owner and
last operator, if known, its final disposition and the violation involved.
(6)
This section shall be supplemental to any other provisions
of law granting police officers authority to remove vehicles.
D.
No person, partnership, corporation, joint-stock company
or syndicate shall deposit, or cause to be deposited, any snow and
ice on or against a fire hydrant or on any way which has been cleared
or plowed of snow or ice, it being expressly provided that until such
snow clearance or plowing of the roadway, property owners may deposit
accumulations of snow and ice from their sidewalks at curblines, incident
to the cleaning of sidewalks. Nothing herein contained shall permit
any commercial establishment or person or persons to gather accumulations
of snow or ice from parking grounds or parking areas owned by them
and/or in their control and to deposit the same in the public streets
at any time.
E.
Penalties for offenses. Every person convicted of
a violation of any provision of this section which is not a violation
of any provision of the Vehicle and Traffic Law of the State of New
York shall, for a first conviction thereof, be punished by a fine
of $25; for a second such conviction within 18 months thereafter,
such person shall be punished by a fine of $50; upon a third or subsequent
conviction within 18 months after the first conviction, such person
shall be punished by a fine of $150.
A.
No person shall stop, stand or park a vehicle in any
designated fire lane except when necessary to avoid conflict with
other traffic or pedestrians or in compliance with the directions
of a police officer.
B.
The local law enforcement officials are authorized
and directed to remove any vehicle parked, abandoned or found unattended
in a designated fire lane where it constitutes an obstruction to traffic
or any place where stopping, standing or parking is prohibited under
this section.
C.
The violation of this section, adopted pursuant to
§§ 1660 and 1660-a of the Vehicle and Traffic Law of
the State of New York, shall constitute a traffic infraction within
the meaning of § 1800 of the Vehicle and Traffic Law of
the State of New York.
D.
Every person convicted of a traffic infraction for
a violation of any of the above provisions of this section, adopted
pursuant to §§ 1660 and 1660-a of the Vehicle and Traffic
Law of the State of New York, shall, for the first conviction thereof,
be punishable by fine not to exceed $50; and for a second or a subsequent
conviction shall be punishable by a fine not to exceed $100. These
fines may be recovered by the Town of Southeast in a civil action.
E.
Any expenses incurred for the enforcement of this
section, such as painting, posting, etc., will be borne by the property
owner and not the Town of Southeast.
