[HISTORY: Adopted by the Town Board of the Town of Deerpark by L.L. No. 7-2000. Amendments noted where applicable.]
The Code that follows deals with the regulation of parking on the streets and highways within the Town of Deerpark. By adoption of this chapter, the Town of Deerpark declares its intent to regulate parking on the streets in the Town when such parking may interfere with snow removal or tend to increase hazards on the highways in the winter months by parking overnight, without lights or otherwise, an unattended vehicle. Reference is made to the Vehicle and Traffic Law of the State of New York, § 1660, Subdivision (a)18, for the legislative authority to so enact this chapter.
As used in this chapter, the following terms shall have the meanings indicated:
- PARK or PARKING
- The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers (NYS Vehicle and Traffic Law § 129).
- ROAD, ROADWAY, STREET or HIGHWAY (or their plural forms)
- Pertain to the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular traffic, and to that portion of a highway improved, designed, marked, or ordinarily used for vehicular travel, exclusive of the shoulder and slope (NYS Vehicle and Traffic Law §§ 118 and 140).
- VEHICLE, MOTOR VEHICLE or VEHICULAR TRAFFIC
- Every vehicle operated or driven upon a public highway, which is propelled by any power other than muscular power (NYS Vehicle and Traffic Law § 125).
All other words and phrases and definitions of words as used in the New York State Vehicle and Traffic Law shall be applied in the enforcement of this chapter.
No person, firm or corporation shall cause to be parked on any public road or highway or the shoulder or slope of any public road or highway within the Town of Deerpark any unattended motor vehicle during the period of time 5:00 p.m. to 7:00 a.m. from November 1 to April 1, or during any time of wintry precipitation of 2 1/2 inches or more.
This chapter supersedes and replaces Ordinance No. 1-86 of the Town of Deerpark regulating parking on roadways and highways within the Town.
[Added 10-5-2009 by L.L. No. 2-2009]
It shall be unlawful to park any portion of a motor vehicle within the driving lanes of any public road or highway within the Town of Deerpark at any time.
Penalties for offenses.
Any person who commits or permits any act in violation of the provisions of this section shall be deemed to have committed an offense against such section and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a violation.
For every violation of any provision of this section, the person, firm, entity or corporation violating the same shall be subject to a fine of not less than $0 and not more than $150. Such fine shall be payable to the Town Clerk of the Town of Deerpark.
It shall be unlawful to delay, hinder or obstruct any vehicle or equipment engaged in the operation of snow plowing or snow removal upon the public streets after a precipitation of snow of 2 1/2 inches or more, and thereafter until the streets are plowed and clear of snow. It shall be unlawful for any person to park any vehicle upon any public street while said street is being plowed or cleared unless a person capable of operating it attends such vehicle. The owner or person in charge or in control of any vehicle standing in any street shall move, or cause the same to be moved, so as not to be in the path of the equipment clearing the streets of snow.
Any person who commits or permits any act in violation of any of the provisions of this chapter shall be deemed to have committed an offense against such chapter, and also shall be liable for any such violation or the penalty therefor. Each day such violation shall continue or be permitted to exist shall constitute a separate violation.
For every violation of any provision of this chapter, the person, firm or corporation violating the same shall be subject to a fine of not more than $100 or imprisonment not exceeding 30 days, or both such fine and imprisonment.