[HISTORY: Adopted by the Town Board of the Town of Mamaroneck 4-17-2002 by L.L. No. 5-2002. Amendments noted where applicable.]
Editor's Note: This local law also repealed former Ch. 147, Parking Lots, Town-Owned, adopted 12-20-1967 (Ch. 54 of the 1975 Code), as amended.
Word usage. When not inconsistent with the context, words used in the present tense include the future tense, words in the plural number include the singular number, and words in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
Terms defined. For the purposes of this chapter, the following terms, phrases, words and their derivations shall have the meanings given herein:
- The emblem issued by the Town Clerk to a permit holder.
- MOTOR VEHICLE
- Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power.
- PARKING LOT
- Any Town-administered outdoor space or uncovered plot, place, lot, parcel, yard or enclosure or any portion thereof where motor vehicles may be parked or kept overnight and for which a charge is made.
- PERMIT HOLDER
- A person to whom a permit is issued pursuant to this chapter.
- An individual, or a firm, partnership, association, corporation, company or organization of any kind.
- The unincorporated section of the Town of Mamaroneck.
The provisions of this chapter shall apply to all persons using any of the parking lots described in § 147-3.
Parking lots are numbered and designated as follows:
Lot No. 1: parking lot situated at Myrtle Boulevard, Vine Street and a portion of Baldwin Avenue, Town of Mamaroneck.
Lot No. 2: parking lot situated at Maxwell Street, Town of Mamaroneck.
Lot No. 3: parking lot situated at Myrtle Boulevard and North Chatsworth Avenue, Town of Mamaroneck.
Lot No. 4: parking lot situated on Myrtle Boulevard, Town of Mamaroneck.
[Amended 7-9-2003 by L.L. No. 15-2003]
The hours of permitted use of Lot Nos. 1, 2, 3 and 4 shall be established by the Town Board from time to time either by resolution or by local law.
Notwithstanding any other law regarding the hours when parking is forbidden, no vehicles shall be parked in Parking Lot No. 1 between the hours of 3:00 a.m. and 5:00 a.m. (prevailing time). Vehicles may be parked in Parking Lot No. 1 at other times during the day.
[Amended 8-17-2011 by L.L. No. 8-2011]
The Town Board shall from time to time by resolution designate certain areas within Parking Lot Nos. 1, 2, 3 and 4 for such parking as the needs of the community may require.
No person shall park a motor vehicle in any parking lot unless the Town Clerk shall have issued a permit allowing the motor vehicle to be parked in a particular parking lot and the permit holder shall have attached the insignia to the motor vehicle in accordance with the instructions given to the permit holder by the Town Clerk.
There shall be five types of parking permits: daytime business area parking permits, daytime meter parking permits, daytime non-meter parking permits, overnight parking permits and twenty-four-hour parking permits.
Application for a permit shall be made to the Town Clerk upon such form as prescribed by the Town Clerk.
Each type of permit shall be effective on the first day of June in the year in which it is issued and shall expire on the thirty-first day of May in the year following the year it was issued.
[Amended 8-17-2011 by L.L. No. 8-2011]
The fee for a permit issued pursuant to this chapter is as set forth in § A250-1.
The Town Clerk shall not issue a permit for any motor vehicle unless the applicant demonstrates to the Town Clerk's satisfaction that the applicant is the owner of or entitled to the possession of such motor vehicle.
The Town Clerk shall keep a record of the number of each permit issued, the date it is issued, the name and address of the person to whom it is issued, the numbers, words or letters appearing on the license plate of the motor vehicle or vehicles for which the permit is issued and the number of the parking lot for which that permit is issued. The Town Clerk shall maintain a record of all permit fees collected.
The Town Clerk may only issue permits to residents of the Town. At the time of application for a permit the applicant shall submit proof of such residency in a form satisfactory to the Town Clerk.
The Town Clerk shall not issue an overnight parking permit or a twenty-four-hour parking permit to a person if another person in the same household as the applicant already is the holder of an overnight parking permit or a twenty-four-hour parking permit. The preceding sentence shall not apply to permits issued prior to the effective date of this chapter. Such permits may be renewed even if two or more permit holders are members of the same household. For the purpose of this subsection, the term "household" shall mean one or more persons living together as a single housekeeping unit.
Each permit shall entitle only the motor vehicle or vehicles listed in the permit application to be parked in the parking lot for which such permit is issued, with the following exception: Upon payment of the required fee, a daytime meter parking permit or a daytime non-meter parking permit shall authorize either one of two motor vehicles to be parked in the parking lot for which such permit is issued, and the insignia associated with that permit shall contain the numbers, words or letters appearing on the license plate of each motor vehicle specified by the permit holder on the permit application. At the permit holder's discretion the insignia can be moved from one motor vehicle to the other at any time; however, under no circumstances can both motor vehicles listed on the permit application be parked at the same time in the same parking lot for which such permit is issued, except at times when parking in such parking lot is unrestricted.
The Town Clerk, upon issuing a permit, shall also issue an insignia to the permit holder and instruct the permit holder as to where the insignia is to be placed within the motor vehicle. The type, size and form of the insignia shall be determined from time to time by the Town Clerk; however, the insignia shall bear the permit number assigned, the numbers, words or letters appearing on the license plate of the motor vehicle or vehicles for which the permit is issued, the words "Town of Mamaroneck," the number of the parking lot for which the permit is issued and the expiration date of the permit.
A permit may be renewed if an application to renew is made and the required fee paid no later than 15 days prior to the expiration date of such permit. The Town Clerk may refuse to issue a permit to any person whose prior usage of any permit has been deemed by the Board of Police Commissioners of the Town of Mamaroneck to be an abuse of the privileges granted by said permit.
Permits cannot be transferred between permit holders except as provided in Subsection B of this section.
Upon the sale of or other transfer of title of a motor vehicle for which a permit has been issued, the insignia shall be removed by the permit holder and returned by the permit holder to the Town Clerk. Upon proper application and payment of a required fee, a replacement insignia shall be issued for the unexpired term of the original permit. Under no circumstances shall the fee for the unexpired term be refunded.
Alteration of a permit or an insignia or the making of a false statement in an application for a permit or the renewal of a permit or the replacement of a permit shall be grounds for the immediate revocation of a permit by the Town Clerk.
Each motor vehicle using any of the parking lots at all times shall be parked with its front end nearest to the barrier and shall be parked wholly within one designated space.
Every police officer of the Town shall enforce the provisions of this chapter. The Board of Police Commissioners of the Town of Mamaroneck is hereby authorized to delegate to persons other than police officers the authority to enforce the provisions of this chapter.
Fines are established as follows:
[Amended 4-18-2007 by L.L. No. 6-2007]
Overtime at meter: $15.
Parking in permit area without a permit: $25.
Parking where prohibited between 3:00 a.m. and 6:00 a.m.: $20.
No parking between signs: $20.
No parking anytime: $25.
No parking between 9:00 a.m. and 12:00 noon: $20.
Exceed posted time limit: $15.
Parking in zone marked "No Parking Here to Corner": $25.
Parking in bus stop: $25.
Invalid inspection sticker: $50.
Parking in fire lane or fire circle: $50.
Blocking fire hydrant: $50.
Parking without license plates: $50.
Invalid registration: $50.
Parking in handicapped space: $50.
Blocking driveway: $20.
Parking in wrong direction: $20.
Parking on sidewalk: $20.
Abandoning a vehicle: $50.
Parking with motor running: $50.
Double parking: $25.
All other parking infractions: $20.
The above amounts are base fines. All violators who fail to pay the base fine within 30 days of the issuance of a summons will be subject to the following penalties:
In any prosecution of a summons or appearance ticket issued for the violation of Subsection (A)(2) of this section, it shall be no defense that the permit holder held a valid permit but failed to display the insignia properly at the time that the summons or appearance ticket was issued.
[Amended 9-16-2003 by L.L. No. 18-2003]
Any persons violating any provision of this chapter other than those set forth in § 147-15 shall be deemed guilty of an offense and, upon conviction thereof, shall be fined in an amount not to exceed $15 Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as a separate offense.