Village of Pelham, NY Parking, Standing and Stopping

Wherever a space shall be marked off on any street for the parking of an individual vehicle, every vehicle there parked shall be parked within the lines bounding such space.

Except where angle parking is authorized and approved by the Village Board, every vehicle stopped, standing or parked upon a roadway shall be stopped, standing or parked:

[Amended 12-18-2001 by L.L. No. 6-2001; 11-21-2006 by L.L. No. 5-2006]

(1)

Parallel with the edge of the roadway;

(2)

Headed in the direction of lawful traffic; and

(3)

Within 12 inches of the edge of the roadway.

It is prohibited to stop, stand or park a vehicle:

[Added 12-18-2001 by L.L. No. 6-2001]

(1)

On the roadway side of a vehicle stopped, standing or parked at the edge of a roadway;

(2)

On a sidewalk; or

(3)

On a crosswalk.

It is prohibited to stand or park a vehicle, whether occupied or not, except briefly to pick up or discharge a passenger:

[Added 12-18-2001 by L.L. No. 6-2001]

(1)

In a way that obstructs any driveway;

(2)

Within 20 feet of the driveway entrance to the firehouse;

(3)

One the side of the street opposite the entrance of the firehouse, within 75 feet of said entrance; or

(4)

In a way that obstructs a curb lowered or altered to provide access to the sidewalk.

It is prohibited to stop, stand or park a vehicle within 15 feet of a fire hydrant unless in the front seat of the vehicle there is a licensed operator who can immediately move the vehicle.

[Added 12-18-2001 by L.L. No. 6-2001]

It is prohibited to stop, stand or park a vehicle in any area designated as a place for handicapped parking unless the vehicle is being used for the transportation of a severely disabled or handicapped person and the vehicle bears a permit issued under § 404-a of the Vehicle and Traffic Law.

[Added 12-18-2001 by L.L. No. 6-2001]

[Amended 9-6-1988 by L.L. No. 4-1988; 9-20-2005; 11-18-2008 by L.L. No. 5-2008]

The Board of Trustees of the Village of Pelham has determined that:

(1)

Parking motor vehicles overnight on the streets within the Village of Pelham hinders governmental operations, including but not limited to:

(a)

Cleaning and sweeping streets;

(b)

Removing snow and ice from the roadways;

(c)

Locating and identifying stolen or abandoned vehicles; and

(d)

Protecting residents and their property.

(2)

Many buildings located in the Village are old and were constructed without providing adequate off-street parking facilities for the users of the property.

(3)

The owner of a premises is responsible for providing adequate off-street parking facilities for the users of the premises.

(4)

The complete and absolute prohibition of overnight parking on the streets within the Village may create an extreme hardship to some owners and/or operators of motor vehicles.

(5)

A partial prohibition of overnight parking with a narrow exception for hardship will allow the Village to perform its governmental functions and provide relief to those who would otherwise suffer undue hardship.

It is prohibited to park motor vehicles on the streets within the Village of Pelham between the hours of 2:00 a.m. and 6:00 a.m. except as set forth below:

(1)

All-night parking of passenger vehicles is permitted at those locations which the Village Board of Trustees has specifically authorized for that purpose.

(2)

Parking at the long-term parking meters on First Street east of Wolf's Lane is only prohibited between the hours of 2:00 a.m. and 5:00 a.m.

(3)

An individual who has been granted a hardship overnight parking exemption (HOPE) may park on the street overnight.

A HOPE will be granted if the following conditions are met:

(1)

No driveway or parking area is provided on the premises, and there is no area on the premises where a driveway or parking area can be constructed by the owner;

(2)

The applicant is disabled and cannot walk to the nearest municipal lot; and

(3)

The applicant either owns a motor vehicle registered pursuant to § 404-a of the Vehicle and Traffic Law of New York State or holds a valid permanent or temporary handicapped parking permit issued by the Town of Pelham pursuant to § 1203-a of the Vehicle and Traffic Law of New York State.

A temporary HOPE is available to the owner or operator of a motor vehicle who has a temporary need to park a motor vehicle at a premises where no parking is provided or available. A temporary HOPE allows the holder to park a passenger motor vehicle overnight on the street at a specific address for a maximum of five consecutive nights, provided that the applicant is not a regular occupant or user of such premises. A temporary HOPE may be obtained from the Police Department, which shall obtain the name and address of the applicant, license plate number of the vehicle to be parked on the street overnight and the address of the premises near which the vehicle will be parked. A temporary HOPE granted pursuant to this subsection shall not be renewable or granted to the same applicant or vehicle for a period of one month from the date of the expiration of the temporary HOPE.

No HOPE shall be granted:

(1)

For the following vehicles:

(a)

Any commercial vehicle;

(b)

Any tractor or trailer;

(c)

Any vehicle used primarily for livery or commercial purposes; or

(d)

Any vehicle for which there are three or more outstanding unanswered parking summonses issued by the Village of Pelham.

(2)

To any applicant who is the owner or related to the owner of the premises and who does not use the parking space on the premises for his or her car.

(3)

To create additional parking at a premises that has limited or no parking.

Procedure to apply for a hardship overnight parking exemption (HOPE):

(1)

An applicant for a HOPE shall obtain the application form from the Village. Then the applicant shall submit to the Village Clerk a completed application form, the required supporting documentation and the nonrefundable annual fee to be set by resolution of the Board of Trustees.

(2)

The Village Clerk shall process the HOPE application and investigate whether the applicant meets the requirements for a HOPE. If so, the Village Clerk will issue a HOPE permit that will be valid until the end of the calendar year. The permit will cover one vehicle, owned or operated by the applicant, which is to be parked at a specific address. No more than one HOPE permit will be issued to any dwelling unit. Any appeals of the Village Clerk's decision will be heard and decided by the Village Administrator.

(3)

All applications for a HOPE permit must include the following documents:

(a)

A copy of the applicant's valid driver's license;

(b)

A copy of the car registration for the passenger vehicle for which the HOPE will be used;

(c)

Payment of the annual fee to be established by resolution of the Board of Trustees;

(d)

A copy of the applicant's current New York State Motor Vehicle Form 664.1 with its medical certification completed;

(e)

A copy of the driver's valid, current, handicapped parking permit issued pursuant to § 1203-a of the Vehicle and Traffic Law of New York State or a copy of the registration of the passenger car issued pursuant to § 404-a of the Vehicle and Traffic Law of New York State; and

(f)

The applicant's written explanation of why he or she neither has nor can create adequate, accessible parking at the location where he or she must park overnight and why the issuance of a HOPE permit is necessary because of his or her disability.

To renew the HOPE, the applicant must submit an updated application form and pay the annual fee set by resolution of the Board of Trustees.

A HOPE will terminate:

(1)

If an updated application form is not submitted annually;

(2)

If the annual fee is not paid;

(3)

If the applicant's vehicle is sold or its title is transferred;

(4)

If the applicant's driver's license or vehicle registration is suspended or revoked;

(5)

If the insurance for the vehicle is canceled; or

(6)

If any of the facts set forth in the application change materially, and the changed circumstances no longer satisfy the requirements for a HOPE.

Whenever a vehicle subject to a HOPE is parked on the street overnight, the HOPE permit must be displayed conspicuously in the vehicle so that it is easily visible through the front windshield.