[HISTORY: Adopted by the Town Board of the
Town of Niagara 1-11-1980 by L.L. No. 1-1980. Amendments noted where
applicable.]
A.
The words and phrases used in this chapter shall for
the purposes of this chapter have the meanings respectively ascribed
to them by Article I of the Vehicle and Traffic Law of the State of
New York.
B.
CURBLINE
HOLIDAYS
OFFICIAL TIME STANDARD
PUBLIC PARKING LOT
The following words and phrases, which are not defined
by Article I of the Vehicle and Traffic Law of the State of New York,
shall have the meanings respectively ascribed to them in this section
for the purposes of this chapter:
The prolongation of the lateral line of a curb or, in the
absence of a curb, the lateral boundary line of the roadway.
New Year's Day, Memorial Day, Independence Day, Labor Day,
Thanksgiving Day and Christmas Day shall be considered "holidays."
Whenever certain hours are named herein, or on traffic control
devices, they shall mean the time standard which is current in this
state.
A plot or parcel of land or building owned and/or leased
by this town, not including highways, upon or within which the parking
of vehicles is regulated by signs and/or parking meters.
The Superintendent of Highways shall install
and maintain traffic control devices when and as required under the
provisions of this chapter to make effective the provisions of this
chapter and may install and maintain such additional traffic control
devices as may be deemed necessary to regulate, warn or guide traffic
under the Vehicle and Traffic Law of the State of New York, subject
to the provisions of §§ 1682 and 1684 of that law.
Pursuant to the provisions of Subsections (a)
and (e) of § 1603 of the Vehicle and Traffic Law, power
is hereby delegated to the Police Chief to exercise, by official order,
rule or regulation, the following powers granted to the legislative
body of this town in Article 41 of the Vehicle and Traffic Law, subject,
however, to the limitations imposed by §§ 1644 and
1684 of the Vehicle and Traffic Law. (Towns: Subsections (a) and (e),
Article 41; §§ 1664 and 1684, cities and villages:
Subsection (a), Article 39; §§ 1645 and 1684.)
Parking of vehicles is hereby prohibited on
all streets and highways of the Town of Niagara between the time of
3:00 a.m. and 6:00 a.m.
A.
No person shall stop, stand or park a vehicle in the
following places, except when necessary to avoid conflict with other
traffic or compliance with the directions of any town police or any
police officer authorized to enforce the Vehicle and Traffic Law of
the State of New York unless otherwise indicated by traffic control
devices:
(1)
On a sidewalk.
(2)
On a crosswalk.
(3)
At an intersection, except on a roadway side opposite
the street which intersects but does not cross on a roadway.
(4)
Alongside or opposite any street excavation or obstruction
when stopping, standing or parking would obstruct traffic.
(5)
Within a highway when all lanes are normally available
for moving traffic. Stopping, standing or parking a motor vehicle
for cause of lack of fuel shall constitute a violation under this
section of this chapter.
(6)
In front of a public or private driveway.
(7)
Within 50 feet of the nearest railroad crossing.
B.
No person shall park a vehicle on any roadway for
the purpose of displaying such vehicle for sale, washing, greasing,
storing or repairing such vehicle except persons necessitated by emergency.
Any such vehicle parked for a period of time in excess of 24 consecutive
hours shall be deemed parked for the principal purpose of storing
the vehicle.
C.
No person shall park or stand a vehicle on any roadway,
unless it is properly registered and has current number plates properly
issued to the vehicle and properly displayed thereon.
D.
No person shall park any trailer or semitrailer on
any street, except while loading or unloading it, unless such trailer
or semitrailer is hitched to a vehicle capable of towing it.
E.
No person shall stop, stand or park a vehicle within
15 feet of a fire hydrant, or in a loading zone. No person shall stop,
stand or park in a fire lane which has been posted as such, whether
or not said lane is on public or private property.
F.
No person shall park, stand or stop a vehicle on any
public road where posted as a no parking, standing or stopping zone.
[Added 3-26-1985 by L.L. No. 1-1985]
No driver shall stop, park or stand any vehicle
in any part of an area specified as a fire zone or no parking zone
in any of the parking areas designated below:
|
Shopping Center or Semipublic Area
|
Location of Fire Zone
|
|---|---|
|
Factory outlet mall (Military Road)
|
North and east sides of existing buildings and
where posted
|
|
Hills Plaza
|
South and west sides of existing buildings and
where posted
|
|
Gold Circle
|
East side of existing building and where posted
|
|
K-Mart
|
East side of existing building and where posted
|
A.
When any vehicle is parked or abandoned on any highway
or street within the town during a snowstorm, flood, fire or other
public emergency which affects that portion of the public highway
upon which said vehicle is parked or abandoned, said vehicle may be
removed by Town Board or approved towing agencies, upon Town Police
order.
B.
When any vehicle is found unattended on any highway
within this town and where said vehicle constitutes an obstruction
to traffic, said vehicle may be removed by Town Board or approved
towing agencies upon Town Police order.
C.
When any vehicle is parked or abandoned on any highway
within this town where stopping, standing or parking is prohibited,
said vehicles may be removed by Town Board or approved towing agencies
upon Town Police order.
D.
After removal of any vehicles as provided in this
section, the approved towing agencies may store said vehicle in a
suitable place at the expense of the owner. Such owner, or the person
in charge of the vehicle, may redeem the same upon payment to the
towing agency of the amount of all expenses actually and necessarily
incurred in effecting such removal; such removal charges not to exceed
$50, together with any charges for storage; storage charges not to
exceed $4 per day or fraction thereof. The Town Board may, from time
to time, enter into agreement with towing companies or garages, provided
that such agreement between the town and such companies and agencies
shall provide that:
(1)
The towing company shall bear all expense and liability
relating to the towing and storage of any vehicle.
(2)
The towing company or agency shall hold the town harmless
from all claims relating to the towing and storage and shall provide
a policy of insurance covering itself and the town in regard to liability
for all such claims of the part of any person, firm or corporation.
E.
The Town Police shall promptly report the removal
and the disposition of any vehicle removed as provided in this section
to the Town Clerk, and it shall be the duty of the Town Clerk to ascertain,
to the extent possible, the owner of the vehicle or person in charge
of the same and to notify them of the removal and disposition of such
vehicle.
[Added 3-26-1985 by L.L. No. 1-1985]
A.
When an unregistered vehicle is parked, abandoned or stored on any town highway, road or right-of-way, a town police officer or other law enforcement officer or the Superintendent of Highways is hereby authorized to cause said vehicle to be removed by town forces or a towing company located in the town as provided in § 237-4.
B.
The cost of towing or removal of said vehicle shall
become the obligation of the owner of said vehicle or, in the case
of the storage of vehicles on town rights-of-way or roads, by adjacent
property owners, said cost shall be assessed against the property
of said owner. The officer causing said removal shall present a true
and accurate statement of the cost of removal to the Town Clerk and
Assessor.
C.
The owner of said vehicle or person, firm or corporation
storing or placing said vehicle or vehicles on town highways, roads
and rights-of-way shall be subject to a fine of not more than $50
nor less than $10 per vehicle found to be stored, parked or abandoned
on town highways, roads or rights-of-way.[1]
Any of the duties of the Town Police Chief under
this chapter may be delegated by him or her to other members of the
police force of the town.
This chapter shall not be construed to prevent
the delivery or pickup of merchandise or other property along the
highways from which such vehicles and combinations are otherwise excluded.
[Amended 2-11-1992 by L.L. No. 1-1992]
The amounts to be paid in satisfaction for violation
of the provisions of this chapter with respect to the following violations
shall be the amounts indicated opposite each violation as follows:
|
Violation
|
Paid In 3 Business Days
|
Paid After 3 Business Days
|
Paid After 20 Business Days
| |
|---|---|---|---|---|
|
1.
|
All-night parking
|
$15
|
$25
|
$50
|
|
2.
|
Private parking lot
|
$15
|
$25
|
$50
|
|
3.
|
Prohibited parking
|
$25
|
$50
|
$75
|
|
4.
|
Safety zones
|
$25
|
$50
|
$75
|
|
5.
|
Fire zones
|
$25
|
$50
|
$75
|
|
6.
|
All other violations
|
$25
|
$50
|
$75
|
|
7.
|
Violation of § 237-7
|
$25
|
$50
|
$75
|
|
8.
|
Handicapped parking New York State Vehicle and
Traffic Law
|
$50
|
$75
|
$100
|
This chapter shall not be construed to prevent
any Justice of the Town Court from levying a larger fine than is called
for in this chapter, when a defendant, in a court proceeding, pleads
to a reduced plea of a violation of a section of the Vehicle and Traffic
Law of the State of New York.
The Supervisor, in conjunction with the Town
Court, shall provide, in duplicate, suitable serially numbered forms,
at the town's expense, for service upon violators of this chapter
of the town. Such forms shall be distributed by the Supervisor who
shall issue the same to the Police Chief. The Town Police Chief shall
also sign a receipt for the tickets received and shall cause such
tickets to be distributed to authorized persons only.
When any police officer, or other person authorized to act pursuant to this chapter, observes a violation of any provisions of this chapter, or the appropriate sections of the Vehicle and Traffic Law of the State of New York, regarding parking violations, said officer or other authorized person shall issue a ticket, as issued pursuant to § 237-13, to the driver of said vehicle, if present, or by attaching said ticket conspicuously to the motor vehicle, if the driver is not present. The person issuing said ticket shall properly complete the ticket form and file a copy with the Town Court Clerk.
Any member of the Town Police Department, or
any person authorized by the Supervisor to act under this chapter,
shall have full power to act pursuant to any provision of this chapter
or the appropriate sections of the Vehicle and Traffic Law of New
York, regarding parking violations.
The parking ticket issued pursuant to § 237-14 shall consist of any appearance ticket to be served on the driver or owner on information, in duplicate, filed in conformance with the relevant provisions of the Criminal Procedure Law of the State of New York. An example of the form is shown in Appendix E. Should the form of the ticket shown in Appendix E not be used, something legally comparable, as determined by the Town Supervisor, shall be used.[1]
[1]
Editor's Note: Appendix E is on file in the
town offices.
All persons receiving a notice or having a notice attached to his or her vehicle as provided in § 237-14 shall, within the time specified in the notice, answer at police headquarters the charges set forth in such notice by paying the amount prescribed on the notice and admitting the violation charged, in writing, and waiving a hearing in Court, or by depositing cash bail equal to double the prescribed amount stated on the notice for his or her appearance in Court, at a time to be determined by the Court Clerk. The acceptance of the prescribed amount stated in the notice, together with the admission and waiver set forth, shall be deemed complete satisfaction for the violation, and the Town Police or Town Court Clerk shall issue a receipt which so states.
Persons desiring a hearing on the alleged violation
shall promptly return the notice of violation, with a request for
a hearing, and indicate their name, address, phone number and where
they may be reached to schedule a hearing. The Town Court Clerk shall
thereafter notify the alleged violator of the trial date.
In the event a violator of this chapter of the
town does not appear within 72 hours to answer a notice, the Town
Court Clerk shall report the facts thereof to the Town Judge, who
shall issue to the owner of the motor vehicle to which such notice
was attached an appearance ticket directing the violator to appear
in court.
The Town Court Clerk shall keep records of all
violations of this chapter in the regular course of business. The
compilation and physical presence of the records may be at other than
the offices of the Town Court Clerk or the Town Hall.
The fact that a motor vehicle which is illegally
parked is registered in the name of a person shall be considered prima
facie evidence that such person was in control of the motor vehicle
at the time of such parking.
Wherever this chapter shall refer to another
section or article which has subsequently been amended, repealed and
replaced by a new section or article, then, in that event, the new
section shall be the one referred to in the place of the section it
replaces.
Immediately after passage of this chapter the
Town Superintendent of Highways shall apply to the New York State
Department of Transportation for approval to regulate traffic on state
highways as provided herein. The Town Police shall not enforce this
chapter in respect to violations occurring on state highways until
such time as approval to do so is received from the State of New York
pursuant to §§ 1683 and 1684 of the Vehicle and Traffic
Law of the State of New York.
