[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
Town/Village Board of Trustees.
FIRE LANES
Lanes of sufficient width for use by fire-fighting equipment,
established in the parking area adjacent to buildings and structures.
GARBAGE RECEPTACLE
A container with appropriate covers to receive hand-carried,
discarded paper and trash.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HOLDER
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.
POTHOLES
Holes and cracks occurring on any paved or unpaved surface
of a parking area.
REFUSE
All solid wastes, except body wastes, including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
RUBBISH
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.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
Any holder of a subject premises shall comply
with the following regulations:
A. 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.
B. 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.
C. 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.
D. 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.
E. 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.
F. 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.
G. All water drains and water drainage systems used in
connection with the subject premises must be kept clean and in proper
working order.
H. All stormwater retention ponds and systems related
thereto used in connection with the subject premises shall be maintained
in proper working condition.
I. 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.
J. 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.
K. There shall be, at convenient places for use by the
public, proper garbage receptacles which shall be sufficiently serviced
to prevent overflow.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
L. 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.
M. 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.
N. Traffic and parking control standards to which holders of subject premises have conformed under §
132-3 of this article must be maintained.
O. 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 Town/Village Board of Trustees upon recommendation
by the Zoning Board of Appeals must be adhered to at all times.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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]
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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 Town/Village Clerk-Treasurer a written consent
that this regulation be enforced on its property, except those persons
conspicuously displaying a valid handicapped parking permit.
The Town/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.
[Amended 3-8-1999 by L.L. No. 1-1999]
Any person found guilty of violating any provision
of this article shall be fined as follows:
A. First violation: not less than $50 nor more than $75.
B. Second violation and thereafter: not less than $75
nor more than $150.