[HISTORY: Adopted by the Governing Body of
the Town/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:
Buffer zones, setbacks or other areas, surfaced or natural,
open space or improved space used in connection with the subject premises.
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.
Lanes of sufficient width for use by fire-fighting equipment,
established in the parking area adjacent to buildings and structures.
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)]
The owner, tenant, trustee, receiver, executor, managing
agent or other person who controls, in whole or in part, any subject
premises.
One-half hour after sunset of any day to 1/2 hour before
sunrise of the following day.
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.
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.
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.
Lanes for the control and regulation of automobile, truck,
bicycle, other vehicle and pedestrian flow in a parking area.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
A.
Owners of subject premises shall be ordered by the
Town/Village Board of Trustees 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 Town/Village Board
of Trustees, in its discretion, to promote the public health, safety
and welfare and to ensure the safe and nonhazardous use of such subject
premises.
(1)
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 Town/Village
Board of Trustees grants its approval for such use of the fire lanes.
(2)
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.
(3)
Parking lines for parking spaces shall be established
and maintained in the parking area and shall be properly painted and
marked as such.
(4)
Provision shall be made on subject premises for the
parking of bicycles and motorbikes.
(5)
Parking spaces in the parking area shall be set aside
and designated for handicapped persons, and ramp facilities shall
be provided where necessary.
(6)
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.
(7)
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.
(8)
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.
(9)
Signs regulating parking, traffic flow and speed limits
on subject premises shall be erected.
(10)
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.
B.
Procedure for establishing traffic and parking control
standards.
(1)
The authorized official, at the discretion of the
Town/Village Board of Trustees, 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.
(a)
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 Zoning Board of Appeals, the Town/Village
Engineer, the Fire Department and other appropriate boards or officials,
shall present such plan and time schedule to the Board of Trustees,
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 nonhazardous use of such subject premises.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(b)
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 Town/Village Board
of Trustees within the time schedule so specified, except where such
owner makes application to the Town/Village Board of Trustees for
a public hearing as provided herein, in which case conformance shall
be stayed until the decision of the Town/Village Board of Trustees
subsequent to such public hearing.
(2)
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 Town/Village Board of Trustees for a public hearing under this
section for the purposes of reviewing the traffic and parking control
standards required by the Town/Village Board of Trustees and to permit
such owner to submit any objections to the plan and time schedule,
as may be revised by the Town/Village Board of Trustees, for the public
record and for the Town/Village Board of Trustees' further consideration.
(3)
Failure of the owner of such subject premises to conform to the standards and requirements as finally determined by the Town/Village Board of Trustees 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.
C.
The standards set forth in Subsection A of this section shall be applied by the Zoning Board of Appeals and Board of Trustees on application by an owner of property for site plan approval where such property, after approval, would fall within the definition of subject premises herein.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
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)]
A.
The following vehicle and traffic control regulations
shall be applicable to all users of a parking area:
(1)
No vehicle shall be driven or propelled within a parking
area as defined herein in excess of 15 miles per hour.
(3)
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.
(4)
Where parking spaces are designated in a parking area,
the parking and standing of vehicles shall only be permitted within
such parking spaces.
B.
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.
C.
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.
B.
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.
C.
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 Town/Village Board of Trustees, 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 Town/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.
D.
Every day that a violation of any of the provisions
of this article is committed or continues after written notice from
the Town/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]
[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.
