[HISTORY: Adopted by the Board of Trustees of the Village of East Rochester as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-9-1983 by L.L. No. 2-1983 as Ch. 131 of the 1983 Code]
It is the purpose of this article to promote the public health, safety and welfare of the citizens of the Town/Village of East Rochester by providing for the control, regulation, maintenance, cleanliness and preservation of parking and accessory areas provided for or required in connection with any subject premises as herein defined.
For the purpose of this article, terms used herein are defined as follows:
- ACCESSORY AREAS
- Buffer zones, setbacks or other areas, surfaced or natural, open space or improved space used in connection with the subject premises.
- AUTHORIZED OFFICIAL
- The Superintendent of the Department of Public Works and such deputies as he shall appoint, subject to the approval of the Village Board.
- FIRE LANES
- Lanes of sufficient width for use by fire-fighting equipment, established in the parking area adjacent to buildings and structures.
- The owner, tenant, trustee, receiver, executor, managing agent or other person who controls, in whole or in part, any subject premises.
- LIGHTING PERIOD
- One-half hour after sunset of any day to 1/2 hour before sunrise of the following day.
- PARKING AREA
- Space provided by a holder for the parking of vehicles on any subject premises, together with the means of ingress and egress thereto and the roads and driveways of any subject premises.
- PARKING SPACES
- Designated places in a parking area for the parking or standing of automobiles, trucks, bicycles and other vehicles.
- Holes and cracks occurring on any paved or unpaved surface of a parking area.
- All solid wastes, except body wastes, including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles and solid market and industrial wastes.
- Nonputrescible solid wastes, excluding ashes, consisting of both combustible and noncombustible wastes, such as paper, cardboard, tin cans, yard clippings, leaves, tree trimmings, wood, glass, beddings, crockery and similar materials.
- SUBJECT PREMISES
- Any premises which contain, in whole or part, any parking area servicing any industrial, commercial (retail, wholesale or services to the public), professional, entertainment, recreational, apartment, townhouse, planned unit development or multiple-dwelling use or area or other areas used for purposes or functions to which the general public is invited, directly or indirectly; the ingress and egress thereof; roads and driveways therein; buffer zones; setbacks; or other open space in connection therewith with respect to all of said areas used in connection with such premises.
- TRAFFIC LANES
- Lanes for the control and regulation of automobile, truck, bicycle, other vehicle and pedestrian flow in a parking area.
- TRASH RECEPTACLE
- A container with appropriate covers to receive hand-carried, discarded paper and trash.
- Every device in, upon or by which any person or property is or may be transported or drawn upon a highway.
Owners of subject premises shall be ordered by the Village Board to conform to any or all of the following standards relating to traffic and parking control on subject premises where such conformance is deemed necessary by the Village Board, in its discretion, to promote the public health, safety and welfare and to ensure the safe and unhazardous use of such subject premises.
Fire lanes shall be established and maintained in the parking area at the front, side and rear of all buildings and structures on subject premises and shall be properly painted and marked as such. Vehicular parking and standing is prohibited in a fire lane, except that a commercial enterprise may use the fire lane adjacent to it as a pickup station for its customer's use, provided that such activity does not cause a traffic hazard and that the Village Board grants its approval for such use of the fire lanes.
Traffic lanes for the control and regulation of automobile, truck, bicycle, other vehicle and pedestrian flow in the parking area shall be established and maintained and properly delineated through the use of pavement markings, signs or median strips.
Parking lines for parking spaces shall be established and maintained in the parking area and shall be properly painted and marked as such.
Provision shall be made on subject premises for the parking of bicycles and motorbikes.
Parking spaces in the parking area shall be set aside and designated for handicapped persons, and ramp facilities shall be provided where necessary.
Provision shall be made for the safe movement of pedestrians while in the parking area or accessory area through the use of walkways, medians and crosswalks.
Curbing and traffic barriers or islands shall be built where necessary and maintained so as to enforce desired traffic patterns within the parking area. Where possible, traffic islands shall contain vegetation and landscaping conducive to growth in a parking area environment.
Stop signs, flashing signals or yield signs shall be erected at the entrance or exit locations to a parking area or at intersections within the parking area where required for traffic safety.
Signs regulating parking, traffic flow and speed limits on subject premises shall be erected.
The owner may be required to properly designate an agent for service of process who resides in and has an office in Monroe County, State of New York.
Procedure for establishing traffic and parking control standards.
The authorized official, at the discretion of the Village Board, shall notify the owner of the subject premises of the standards for traffic and parking control which must be met. Such notice shall be in writing and shall be addressed to the owner of record of such subject premises at the address shown on the last preceding assessment roll and shall be sent by certified mail, return receipt requested, or hand-delivered or sent by any other method of service as provided for in the Civil Practice Law and Rules.
Within 30 days of the receipt of such notice, or within such time as the authorized official consents, such owner shall present to the authorized official a comprehensive plan and time schedule for conforming to such standards. The authorized official, after review of such plan by the Planning Board, the Village Engineer, the Fire Department and other appropriate boards or officials, shall present such plan and time schedule to the Village Board, which may make such revisions or add such requirements as it deems necessary to promote the public health, safety and welfare and to ensure the safe and unhazardous use of such subject premises.
Such owner shall be notified, in writing, by certified mail, return receipt requested, or by hand delivery or by any other method of service as provided for in the Civil Practice Law and Rules, of the approval of such plan and time schedule, together with revisions and/or additional requirements to be met, subsequent to such requirements as finally determined by the Village Board within the time schedule so specified, except where such owner makes application to the Village Board for a public hearing as provided herein, in which case conformance shall be stayed until the decision of the Village Board subsequent to such public hearing.
Within 10 days of receipt of notification of approval of such plan and time schedule, together with revisions and/or additional requirements, an owner of subject premises may make written application to the Village Board for a public hearing under this section for the purposes of reviewing the traffic and parking control standards required by the Village Board and to permit such owner to submit any objections to the plan and time schedule, as may be revised by the Village Board, for the public record and for the Village Board's further consideration.
Failure of the owner of such subject premises to conform to the standards and requirements as finally determined by the Village Board within the specified time schedule shall be in violation of this article, and such owner shall be subject to the enforcement proceedings and penalties set forth in § 132-6.
Any holder of a subject premises shall comply with the following regulations:
All roads, sidewalks, driveways and parking areas used in connection with the subject premises must be kept in proper repair, free from potholes, free from dirt where paved and free from refuse, snow and ice, except that snow may be piled on the subject premises so long as it does not interfere with the internal circulation and parking of the parking area and does not hinder driver vision when entering or leaving the subject premises.
The subject premises must be kept free and clear of ashes, dirt, debris, rubbish, garbage, refuse and other obstructions and must be kept properly repaired and maintained.
Fire lanes, traffic lanes and parking lines for parking spaces, where required, shall be maintained and properly painted and marked so that such lanes and lines will be clearly visible to vehicle operators and pedestrians.
Because of the traffic and safety hazard resulting from the random leaving of shopping carts in parking and accessory areas by persons, holders which provide shopping carts for their customers and allow their customers to remove such carts from their store premises are required to take whatever steps as are necessary to ensure that such carts are not left in parking or accessory areas after use by such customers. Shopping cart collection stations may be used in a parking area, provided that such stations do not create a traffic hazard, are kept free of snow and ice and are frequently policed by the store's employees so that the capacity of the stations is not exceeded. Failure of a holder to remove its cart from a parking or accessory area, other than from a cart collection station with sufficient capacity, for more than 30 minutes after use by a customer shall constitute a violation of this article by such holder. Each cart that remains in a parking or accessory area in violation of this regulation shall constitute a separate offense.
All prescribed lights on subject premises must be kept in proper working order and lighted during the lighting period when the subject premises or any portion thereof is being used by the holder or when the subject premises or any other portion thereof is open for business. The authorized official may require the holder of any subject premises to reduce outdoor lighting after business hours.
All fences, signs, screening, curbing, traffic barriers and islands, grass, trees, shrubbery, landscaping, retaining walls, slopes and other space used in connection with the subject premises must be maintained and/or repaired.
All water drains and water drainage systems used in connection with the subject premises must be kept clean and in proper working order.
All stormwater retention ponds and systems related thereto used in connection with the subject premises shall be maintained in proper working condition.
All exterior areas on the subject premises must be kept free and clear of the storage of goods, wares and merchandise unless otherwise permitted by the authorized official. Loading and unloading are to be done in designated zones only.
All refuse and rubbish must be stored in a designated place or places in proper garbage receptacles which shall be screened from public view by fencing or other appropriate techniques.
There shall be, at convenient places for use by the public, proper trash receptacles which shall be sufficiently serviced to prevent overflow.
Where required, facilities for the parking of bicycles and motorbikes on subject premises and parking spaces and related ramp facilities for handicapped persons shall be maintained and properly designated.
Any deterioration of the exterior of any building on the subject premises with respect to painted surfaces, siding, roofing, brickwork, mortar joints, signs, copings, overhangs, porches or other appendages, entrance or exit doors, display windows or any other part of the building exterior where such deterioration constitutes a hazard to the public, would cause significant and serious damage to the structure itself or is unsightly and aesthetically detrimental to the subject premises or any property near the subject premises must be repaired or corrected.
Traffic and parking control standards to which holders of subject premises have conformed under § 132-3 of this article must be maintained.
Engineering requirements, landscape plans, parking and traffic control plans or any other criteria or requirements upon which the approval of a site plan or special permit for subject premises is obtained from the Village Board upon recommendation by the Planning Board or from the Zoning Board of Appeals must be adhered to at all times.
The following vehicle and traffic control regulations shall be applicable to all users of a parking area:
No vehicle shall be driven or propelled within a parking area as defined herein in excess of 15 miles per hour.
All persons using a parking area shall obey all traffic control devices, including stop signs, flashing signals, yield signs, directional signs and entrance and exit signs, contained in such parking area.
Where parking spaces are designated in a parking area, the parking and standing of vehicles shall only be permitted within such parking spaces.
The violation of any regulation in Subsection A of this section shall be deemed a traffic infraction under Article 45 of the New York State Vehicle and Traffic Law and shall subject violators to the penalties and disposition of fines and forfeitures as set forth in said Article 45.
The East Rochester Police Department and any other police agency having jurisdiction in the Town/Village of East Rochester are hereby authorized to enforce the vehicle and traffic control regulations under this section in any parking area as defined herein.
Any person, firm, partnership or corporation who or which violates any provision of this article shall, upon conviction, be subject to a fine of not more than $250 or to imprisonment for not more than 15 days, or to both such fine and imprisonment. The imposition of any such penalty for violation of this article shall not excuse such violation or permit the continuance thereof. The application of the above penalty or penalties of the prosecution for a violation of the provisions hereof shall not be held to prevent the removal, repair or correction of those conditions prohibited by this article or to prevent conformance to the standards and regulations of this article by such legal means as may be proper.
In addition to any other penalty under the law, where there is a failure to comply with the standards and regulations of this article, and if after giving 45 days' written notice of such failure by certified mail, return receipt requested, or by hand delivery, addressed to the owner of record of subject premises, or by any other method of service as provided for in the Civil Practice Law and Rules, such failure to comply with such standards and regulations or any part thereof has continued, the authorized official, upon the direction of the Village Board, is hereby authorized and empowered to remove, repair or correct those conditions prohibited by this article and to otherwise bring the subject premises into conformance with the standards and regulations of this article. All costs and expenses incurred by the village in connection with any action so taken shall be assessed against the land upon which such action is taken. A copy of this article shall be attached to any notice sent under this subsection.
Every day that a violation of any of the provisions of this article is committed or continues after written notice from the Village of East Rochester or service of a summons upon a holder shall constitute a separate offense.
Where this article imposes greater restrictions or standards than are imposed by the provision of any law, ordinance, regulation or private agreement, this article shall control. Where greater restrictions are imposed by any law, ordinance, regulation or private agreement than are imposed by this article, such greater restrictions and standards shall control.
[Adopted 2-9-1983 by L.L. No. 2-1983 as Ch. 133 of the 1983 Code]
There shall be no parking, stopping or standing of a motor vehicle in an area or space designated for handicapped parking, on all property, whether public or private, within the Town/Village of East Rochester, provided that the entity owning such property shall first file with the Village Clerk-Treasurer of East Rochester a written consent that this regulation be enforced on its property, except those persons conspicuously displaying a valid handicapped parking permit (MVD Form MV-664) on the dashboard or the sun visor of the driver's side of a vehicle.
The Village Clerk-Treasurer is hereby designated and appointed as the issuing agent to issue such handicap permits upon application by any handicapped person who is a resident of the Town/Village of East Rochester.