Town of Greece, NY Parking

The purpose of this chapter shall be to improve and promote the health, safety and general welfare of the community pertaining to traffic regulations at parking areas, which are regularly used by the public within the Town of Greece, to adopt reasonable rules and regulations with respect to traffic and parking in such areas as local conditions may require for the safety and convenience of the public or of the users of the area, to regulate winter parking based upon the findings of the Greece Town Board that the leaving of vehicles on Town streets during periods of snowfall has hindered and obstructed the Commissioner of Public Works in snow removal operations, and that the leaving of vehicles on streets within the Town during snowstorms causes hazards to persons using the streets. Accordingly, pursuant to the authority granted under New York State Vehicle and Traffic Law Article 41, Regulation of Traffic by Towns, §§ 1660, 1660-a, 1662-a, 1663 and 1664, under New York State Vehicle and Traffic Law Article 42, Regulation of Traffic by Local Authorities and School Districts, § 1670, under New York State Vehicle and Traffic Law Article 32 and in accordance with the Municipal Home Rule Law, the Town Board of the Town of Greece does hereby regulate the parking of vehicles within the Town of Greece.

§ 146-2 Definitions.

The following words and phrases when used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them in this section:

ALL-NIGHT PARKING

The parking of any vehicle on Town or county streets between 12:00 midnight and 8:00 a.m. for any length of time.

PARK or PARKING

The standing of a vehicle, whether occupied or not, other than temporarily for the purpose of and while actually engaged in loading or unloading.

PERSON

Every natural person, firm, copartnership, association or corporation.

STANDING

Any stopping of a vehicle, whether occupied or not.

STOP

When required, a complete cessation of movement.

STOPPING

When prohibited, any halting, even momentarily, of a vehicle, whether occupied or not, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer, flagperson or other person duly empowered to regulate traffic, pursuant to New York State Vehicle and Traffic Law § 1102, or a traffic control sign or signal.

STREET or STREETS

Includes the paved portion of all highways, roads and streets, including all shoulders, whether paved or unpaved, within the Town, excluding tree lawns as designated by the Commissioner of Public Works which tree lawns are adjacent to shoulders.

VEHICLE

Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, excepting baby carriages and devices used exclusively upon stationary rails or tracks.

§ 146-3 Fire lanes; posting of signs to regulate parking.

[Amended 3-21-2000 by L.L. No. 2-2000; 12-21-2004 by L.L. No. 3-2004; 4-21-2009 by L.L. No. 1-2009; 5-17-2011 by L.L. No. 2-2011]

Establishment of fire lanes. Pursuant to the authority granted under New York State Vehicle and Traffic Law Article 41, Regulation of Traffic by Towns, §§ 1660, 1660-a, 1662-a, 1663 and 1664, under New York State Vehicle and Traffic Law Article 32 and in accordance with the Municipal Home Rule Law, the Town Board of the Town of Greece does hereby designate and establish fire lanes of 30 feet in width around the perimeter of a building at all shopping centers and buildings used for commercial, educational, or industrial purposes, and said perimeter shall be maintained by the property owner and be kept open at all times for the movement of emergency vehicles and other traffic. The thirty-foot width shall be measured from the curbline, if established or existing. If no curbline exists, then the thirty-foot width for the fire lane shall be measured from the edge of the building or buildings where such widths will not conflict with the setback requirements of Chapter 211, Zoning. In the event of a conflict with such setback and boundary line requirements, the location and width of said fire lane shall be determined by the Code Enforcement Officer, the Fire Marshal, the Building Inspector or his/her designee so as to provide reasonable access to the building for emergency vehicles. In all cases, fire lanes shall be of such construction as determined by the Code Enforcement Officer, the Fire Marshal, the Building Inspector or his/her designee and shall be located so as to be accessible to the nearest public road or highway. The Fire Marshal shall approve the location, width, layout and construction type of all fire lanes and access roads.

Posting of signs to regulate parking. The owners of shopping centers, industrial facilities, office parks or school district properties in the Town of Greece, upon approval by the Code Enforcement Officer or his designee, are authorized to erect or post a sign or signs regulating parking within such shopping center or office park.

§ 146-4 Impounding of vehicles.

[Amended 3-21-2000 by L.L. No. 2-2000]

Any vehicle may be removed or ordered removed by person(s) outlined in § 146-3C of this chapter and/or by the Town of Greece Commissioner of Public Works if it is:

Parked in a fire lane, pursuant to this chapter, Chapter 114, Fire Prevention and Building Construction, or state fire codes.

Abandoned, pursuant to New York State Vehicle and Traffic Law § 1224.

Unattended, pursuant to New York State Vehicle and Traffic Law § 1210, where it constitutes an obstruction to emergency traffic or any place where stopping, standing or parking is prohibited by law.

Parked in violation of a posted sign regulating parking within a shopping center or office plaza.

§ 146-5 Storage of and charges for impounded vehicles.

After removal of any vehicle, by persons in § 146-4, Impounding of vehicles, whichever authority may have effectuated said removal shall have the vehicle stored in a designated storage area at the expense of the owner. Such owner or person with legal authority to redeem the vehicle may redeem the same upon payment of all expenses and charges actually and necessarily incurred for such removal and storage and by fulfilling all of the requirements of New York State Vehicle and Traffic Law § 1204(d).

§ 146-6 Notice of removal.

[Amended 4-21-2009 by L.L. No. 1-2009]

Members of the Department of Public Safety, the Code Enforcement Officer, the Fire Marshal, the Building Inspector or their designees and the Commissioner of Public Works shall, without delay, report the removal and the disposition of any vehicle removed by him/her, as provided in this chapter, to the Town of Greece Police Department, and it shall be the duty of said Town police to ascertain to the extent possible the owner or person with legal authority to redeem any vehicle removed and stored pursuant to this chapter and to notify said person(s) of the removal and disposition of such vehicle and of the lawful way to redeem the same.

§ 146-7 Handicapped parking.

[Amended 3-21-2000 by L.L. No. 2-2000; 1-15-2002 by L.L. No. 1-2002; 5-17-2011 by L.L. No. 2-2011]

Definitions. As used in this section, the following terms shall have the meanings indicated:

PERMANENT DISABILITY

A "severely disabled" person is any person with one or more of the permanent impairments, disabilities or conditions listed below, which limit mobility:

(1)

Uses portable oxygen.

(2)

Legally blind.

(3)

Limited or no use of one or both legs.

(4)

Unable to walk 200 feet without stopping.

(5)

Neuromuscular dysfunction that severely limits mobility.

(6)

Class III or IV cardiac condition (American Heart Association standards).

(7)

Severely limited in ability to walk due to an arthritic, neurological or orthopedic condition.

(8)

Restricted by lung disease to such an extent that forced (respiratory) expiratory volume for one second, when measured by spirometry, is less than one liter, or the arterial oxygen tension is less than 60 mm/hg of room air at rest.

(9)

Has a physical or mental impairment or condition not listed above which constitutes an equal degree of disability, and which imposes unusual hardship in the use of public transportation and prevents the person from getting around without great difficulty.

TEMPORARY DISABILITY

A person with a temporary disability is any person who is temporarily unable to ambulate without the aid of an assisting device. Examples of an assisting device include, but are not limited to, a brace, cane, crutch, prosthetic device, another person, wheelchair or walker. Temporary permits are issued for six months or less, regardless of expected recovery date.

A person shall be eligible for a handicapped parking permit upon submittal of a completed application for a parking permit to the Town Clerk. The application for a permanent parking permit must be certified by either a medical doctor, doctor of osteopathy, physician’s assistant, nurse practitioner or, in cases involving podiatry, a doctor of podiatric medicine. Applications for a temporary disability may be certified only by a medical doctor or doctor of osteopathy.

Handicapped parking permits shall be used to park in reserved parking spaces only when the person with the disability is driving or riding in the vehicle. Any person who abuses any privilege, benefit, precedence or consideration arising from possession of the license plates or permit may have it revoked

Parking spaces reserved for people with disabilities must be marked with conspicuous and permanently installed abovegrade signs displaying the wheelchair symbol. These signs are positioned at a height of five feet to seven feet above the parking space surface. Designation of reserved spaces may include the use of blue painted lines or markings.

Authority and regulations for handicapped parking. Pursuant to the authority granted under New York State Vehicle and Traffic Law § 1660-a and the authority granted the Town of Greece under the Municipal Home Rule Law, the Town Board of the Town of Greece does hereby provide the following with regard to handicapped persons:

(1)

Each building servicing the public in the Town of Greece must provide a sufficient number of parking spaces for the handicapped as set forth in New York State Uniform Fire Prevention and Building Code Section 1102.4(a) and (b). Such buildings servicing the public shall include, but not be limited to, shopping centers, malls, plazas, multiple dwellings, retail stores, public buildings and restaurants.

(2)

No person shall park a vehicle in a parking space designated for parking for handicapped persons without displaying a valid official parking permit for handicapped persons or an official license plate for handicapped persons of any state. Parking is strictly prohibited in the striped area adjacent to handicapped parking spaces and identified by an official traffic control device, regardless of whether or not a parking permit is displayed.

(3)

Any vehicle found in violation of this chapter may be impounded pursuant to §§ 146-4, 146-5 and 146-6 of this chapter.

§ 146-8 Prohibited parking.

[Amended 5-17-2011 by L.L. No. 2-2011]

The parking of vehicles is hereby prohibited on all Town and county streets within the Town of Greece between the hours of 12:00 midnight and 8:00 a.m. and between the dates of November 1 and April 15.

No vehicles shall be parked on the streets of the Town of Greece:

(1)

Without the vehicle displaying a valid and current certificate of registration.

(2)

Without the vehicle displaying a valid and current inspection sticker.

(3)

Less than 15 feet from a fire hydrant.

(4)

Leaving the vehicle unattended with the engine running.

(5)

More than 12 inches from the curb.

(6)

On the sidewalk.

(7)

Blocking a driveway.

(8)

With the left side of the vehicle next to the curb.

(9)

Less than 20 feet from a crosswalk or intersection.

(10)

Within 30 feet from a traffic control device.

(11)

Parked in a fire lane, pursuant to this chapter, Chapter 114, Fire Prevention and Building Construction, or state fire code.

(12)

Abandoned, pursuant to New York State Vehicle and Traffic Law § 1224.

(13)

Leaving a vehicle unattended, pursuant to New York State Vehicle and Traffic Law § 1210, where it constitutes an obstruction to emergency traffic or any place where stopping, standing or parking is prohibited by law.

(14)

In violation of a posted sign regulating parking within a shopping center or office complex.

No vehicles shall be parked in any parking areas and driveways of a hospital, office building complex or place of public assembly, or parking area of a shopping center or the parking areas and driveways of facilities owned or leased by a not-for-profit corporation or the parking areas, driveways and private streets or roadways of a private apartment house complex, private condominium complex or cooperative apartment complex, or the parking areas, private streets, roadways or driveways of mobile home parks or manufactured home parks, or the parking areas and driveways of a fire station, or the parking area, private streets, roadways or driveways of an industrial park or industrial complex:

(1)

Less than 15 feet from a fire hydrant.

(2)

Leaving the vehicle unattended with the engine running.

(3)

More than 12 inches from the curb.

(4)

On the sidewalk.

(5)

Blocking a driveway.

(6)

With the left side of the vehicle next to the curb.

(7)

Less than 20 feet from a crosswalk or intersection.

(8)

Within 30 feet from a traffic control device.

(9)

Parked in a fire lane, pursuant to this chapter, Chapter 114, Fire Prevention and Building Construction, or state fire code.

(10)

Abandoned, pursuant to New York State Vehicle and Traffic Law § 1224.

(11)

(12)

In violation of a posted sign regulating parking within a shopping center or office complex.

No parking is allowed in a designated handicapped parking space unless a valid handicapped parking permit is visible, or the vehicle has handicapped license plates, issued by the New York State Department of Motor Vehicles.

§ 146-9 Violation of state law.

Any violation of this chapter, adopted pursuant to the New York State Vehicle and Traffic Law § 1660-a, and of the New York State Municipal Home Rule Law, shall constitute a traffic infraction within the meaning of New York State Vehicle and Traffic Law § 1800.

§ 146-9.1 Enforcement.

[Added 5-17-2011 by L.L. No. 2-2011]

The Town of Greece Department of Public Safety, Police Department, Code Enforcement Officer, Building Inspector, Fire Marshal or their designees or any of their (public safety, police or Fire Marshal) enforcement officers or assistants are authorized and directed to:

Enforce all of the provisions of this chapter.

Prohibit, regulate, restrict or limit the stopping, standing or parking of vehicles in specified areas of the parking area.

§ 146-10 Penalties for offenses.

[Amended 3-21-2000 by L.L. No. 2-2000; 12-21-2004 by L.L. No. 3-2004; 5-17-2011 by L.L. No. 2-2011]

Any vehicle found in violation of this chapter may be impounded pursuant to §§ 146-4, 146-5 and 146-6 of this chapter.

In addition to the penalties and other mandates promulgated herein for the enforcement of this chapter, the following parking violations will carry fines as determined by the Town Board from time to time, for the following specific offenses:

Offense		Town Code Reference	State Law Reference (Vehicle and Traffic Law)
Handicapped zone		§ 146-7; § 195-29	§ 1203-c(4)
Fire lane		§ 114-16; § 146-3; § 195-28
Unattended vehicle, engine running		Chapter 146
Less than 15 feet from fire hydrant		§ 114-16; Chapter 146	§ 1202(b)
Shopping centers/office parks - No Parking		§ 146-3B
No standing		§ 195-17; § 195-20
No parking		§ 157-8; § 195-17; § 195-22
Winter parking — Parking		§ 146-8
Bus stop parking		§ 195-27
Abandoned vehicle		§ 195-30
	6 hours
	24 hours
	48 hours
	96 hours on private property
Blocking or on sidewalk			§ 1202(a)(1)(b)
Left side to curb			§ 1203(a)
More than 12 inches from curb			§ 1203(b)
Less than 20 feet from crosswalk or intersection			§ 1203(a)(2)(b)
Blocking driveway			§ 1202(a)(2)(a)
Within 30 feet of traffic control device			§ 1202(a)(2)(c)
Unregistered motor vehicle		§ 146-8.1A
Uninspected motor vehicle		§ 146-8.1B

Every person convicted of a violation of this section of this chapter or rule or regulation adopted pursuant to said chapter shall be punished by a fine pursuant to § 146-10 of this chapter. Said fine, if not paid, shall double after 15 days, triple after 30 days and quadruple after 60 days.

Penalties following a hearing.

(1)

For persons found guilty after a hearing, a penalty may be fixed by the judge in an amount not to exceed the maximum fine permitted by this chapter or New York State Vehicle and Traffic Law Title IX, Article 45, § 1800. If not otherwise stated, the fines will be set by the court, not to exceed $250.

(2)

Upon a showing of good cause, made by the respondent under oath, any scheduled penalties may be reduced by a judge.

In addition to the above, the court may issue a warrant if a person fails to appear before the court.

If the fine is not paid within 60 days of issuance of the notice of violation (parking summons), a default judgment will be entered against the respondent for civil collection. The default judgment will include an additional penalty of $50 for each violation.

Scofflaw certification.

(1)

Any person who has been issued three summons pursuant to this chapter in the preceding 18 months and has not satisfied the same with the Town of Greece will be certified a scofflaw.

(2)

The Town of Greece will notify the New York State Department of Motor Vehicles, pursuant to New York State Vehicle and Traffic Law Article 14, § 401, Subdivision 5a, and Article 20, § 514, Subdivision 4-a.

§ 146-11 Other parking requirements.

The provisions of the chapter are in addition to those set forth in Chapter 114, Fire Prevention and Building Construction, § 114-13, Supplementary provisions and requirements for fire prevention and protection, Subsection A(1), (2), (3) and (4)(a), (b) and (c), which will be enforced pursuant to that chapter.

§ 146-12 Plea of guilty.

Payment of the fine of a parking summons constitutes a plea of guilty to the specified violation. A plea of guilty to a charge is equivalent to a conviction after trial. Failure of a person to respond to any charge within 60 days shall be deemed an admission of liability to the charge.

§ 146-13 Liability for damages.

This chapter shall not be construed to hold any enforcement officer of the Town of Greece responsible for any damages to persons or property by reason of the issuance of a parking summons or other sections of this chapter while exercising his/her discretion as provided by this chapter.