Town/Village of Mount Kisco, NY
Westchester County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Mount Kisco 9-20-1976 by L.L. No. 7-1976;[1] amended in its entirety 11-25-2013 by L.L. No. 1-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Police — See Ch. 27.
Sound trucks — See Ch. 91.
Taxicabs — See Ch. 98.
[1]
Editor's Note: This local law took effect 11-8-1976 and repealed Chapter 8 of the 1962 Code, adopted 4-2-1962, as amended.
Pursuant to the provisions of the Vehicle and Traffic Law of the State of New York, the Village Manager is hereby authorized and directed to promulgate traffic rules and regulations to be exercised in a manner consistent with state statute and to revoke, alter or amend such rules and regulations at any time when, in his judgment, traffic and the use of the streets require. All traffic promulgations shall be issued by the Village Manager at regular or special meetings of the Board of Trustees held pursuant to public notice. At the time of issuance, the Board of Trustees shall have at least 10 days' notice, in writing, by the Village Manager, of the contents and effective date of any such rule or regulation. As soon as practical after the issuance of any traffic promulgation and before its effective date, the Village Manager shall notify the Parking Authority and the Planning Board of the contents and effective date of same.
Any such rule or regulation promulgated by the Village Manager shall be effective unless, within the period between the date of issuance and 30 days after the effective date of such promulgation, the Board of Trustees shall rescind, by resolution, such rule or regulation.
For the purpose of this chapter and the Traffic Rules and Regulations Register adopted pursuant to the provisions of this chapter, the following words and phrases shall have the meanings respectively ascribed to them by this section, except as may be otherwise required by state statute:
COMMERCIAL VEHICLE
A truck, tractor, trailer, bus, school bus, omnibus, taxicab, livery car, or any other vehicle used for commercial purposes. A vehicle shall be deemed to be used for commercial purposes if it:
A. 
Bears advertising on the vehicle, including but not limited to the name of the business, telephone number, or hours of operation; or
B. 
Carries tools or equipment attached to the outside of the vehicle or visible from the outside of the vehicle; or
C. 
Bears license plates issued for commercial or combination vehicles; or
D. 
Has been issued a municipal or governmental business license; or
E. 
Has other indicia of commercial use or design.
FIRESAFETY ZONE
Shall be considered legally equivalent to a no-parking zone. A firesafety zone is an area, either public or private, where parking is prohibited, pursuant to the provisions of this chapter, so as to facilitate and permit easy access by firefighting and other emergency vehicles.
NO-PARKING ZONE
When parking is prohibited, no person shall park a vehicle, whether occupied or not, but may stop or stand temporarily for the purpose of and while actually engaged in loading and unloading merchandise or passengers, pursuant to Article 32, § 1200, of the Vehicle and Traffic Law of the State of New York.
NO-STANDING ZONE
When standing is prohibited, no person shall stand or park a vehicle, whether occupied or not, but may stop temporarily for the purpose of and while actually engaged in receiving or discharging of passengers, pursuant to Article 32, § 1200, of the Vehicle and Traffic Law of the State of New York.
NO-STOPPING ZONE
When stopping is prohibited, no person shall stop, stand or park a vehicle, whether occupied or not, pursuant to Article 32, § 1200, of the Vehicle and Traffic Law of the State of New York.
TOW-AWAY ZONE
A no-stopping zone or no-standing zone or no-parking zone that has been duly promulgated to be, in addition, an area where illegally parked vehicles may be removed by the Village of Mount Kisco or its duly authorized agent.
A. 
The Village Manager shall cause to be published a Traffic Rules and Regulations Register. Said register shall comprise all rules and regulations promulgated by the Village Manager currently in effect. The Manager shall cause, from time to time, an updating of the Traffic Rules and Regulations Register to reflect changes and modifications. Said register shall include the following subject matters:
(1) 
One-way streets.
(2) 
Exclusion of certain trucks from certain highways.
(3) 
No-parking zones.
(4) 
No-stopping zones.
(5) 
No-standing zones.
(6) 
Tow-away zones.
(7) 
Firesafety zones; no parking.
(8) 
Parallel parking.
(9) 
All-night parking.
(10) 
Limited-parking zones.
(11) 
Metered-parking zones.
(12) 
Alternate-side-of-street parking.
(13) 
Bus stops.
(14) 
Taxi stands.
(15) 
Truck-unloading zones.
(16) 
Designation of through highways and through streets.
(17) 
Designation of stop intersections.
(18) 
Designation of yield intersections.
(19) 
Speed limits.
(20) 
Prohibited turns.
(21) 
Traffic islands.
(22) 
Sunday parking regulations.
(23) 
Holiday parking regulations.
(24) 
Handicapped-person and other special parking programs.
B. 
Any person convicted of a violation of a promulgated rule or regulation issued pursuant to the provisions of this chapter shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on file with the Village Clerk.
A. 
Promulgation. The Mount Kisco Parking Authority ("Parking Authority") is hereby authorized and directed to promulgate Parking Authority rules and regulations for those areas which are owned, leased, controlled or regulated in any manner by the Parking Authority, consistent with state statutes, and to rescind, alter or amend such rules and regulations at any time when, in its judgment, traffic and the use of the areas require. All promulgations shall be issued by the Parking Authority at regular or special meetings of the Parking Authority held pursuant to public notice. At the time of issuance, the Parking Authority shall give at least 10 days' notice, in writing, of the contents and effective date of any such Parking Authority rule or regulation to the Village Manager, Village Clerk, Police Chief and Court Clerk.
B. 
Issuance of register.
(1) 
The Parking Authority shall cause to be published a Mount Kisco Parking Authority Traffic Rules and Regulations Register. Said register shall consist of a compilation of all of the rules and regulations that have been issued by the Parking Authority which are effective on the date of publication. The Parking Authority shall continually update the register so that it reflects any and all rules and regulations adopted by the Parking Authority. The register shall be republished at least once each calendar year.
(2) 
A copy of the register and all modifications shall be filed with the Village Clerk with a copy simultaneously delivered to the Village Manager, Police Chief and Court Clerk as soon as possible after the adoption thereof
C. 
Enforcement. The Parking Authority is hereby empowered to appoint one or more parking enforcement officers. Said officer(s) shall have the power to enforce all the Parking Authority rules and regulations for those areas that are owned, leased, operated or regulated by the Mount Kisco Parking Authority, as well as parking rules and regulations promulgated by the Village Manager, pursuant to § 101-1 of this chapter. Said officer(s) shall have the authority to issue appearance tickets returnable to the Justice Court of the Town of Mount Kisco, said authority to be restricted to the issuance of appearance tickets for violations of Parking Authority rules and regulations, the parking rules and regulations issued by the Village Manager and the provisions of Article 32 of the State Vehicle and Traffic Law. Said officer(s) shall also have all related powers necessary to enforce this chapter.
D. 
Violation. It shall be a violation of this chapter when any person fails to comply with a promulgated rule or regulation of the Mount Kisco Parking Authority.
E. 
Penalty. Any person convicted of a violation of this section shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on file with the Village Clerk.
A. 
Issuance of regulations. In accordance with the provisions of § 1640-a of the State Vehicle and Traffic Law, the Village Manager is hereby authorized and directed to issue regulations designating firesafety zones.
B. 
Signs and markings.
(1) 
Within 10 days of the effective date of this section or of the effective date of a regulation promulgated under the provisions hereof, the Village Fire Inspector shall determine and specify the appropriate signs and/or curb and pavement markings for the proper indication of such fire-safety zones. The Fire Inspector shall notify, in writing and/or by the use of maps, the owner, lessee or person in general charge of the property affected of his determinations and specifications.
(2) 
Within 30 days of receipt of such notice from the Fire Inspector, said owner, lessee or person in general charge of the property shall, at his sole expense, cause such signs to be erected and/or such curb and pavement markings to be made.
(3) 
Failure to comply herewith constitutes a violation, and each day of such violation constitutes a separate offense, punishable in accordance with Chapter 1, General Provisions, Article III.
(4) 
Upon continued failure of said owner, lessee or person in general charge of the property to comply with the determinations and specifications of the Fire Inspector, the Village may install such signs and/or make such curb and pavement markings, charging the costs thereof to the property.
C. 
Appeals. Any owner, lessee or person in general charge of a property affected hereby who deems himself aggrieved by the determinations and specifications of the Fire Inspector may, within 30 days of the receipt of such notice, file an appeal in writing with the Zoning Board of Appeals, as provided in Chapter 38 of this Code, Zoning Board of Appeals.[1]
[1]
Editor's Note: Former Ch. 38, Zoning Board of Appeals, adopted 3-30-1964 by L.L. No. 1-1964, as amended, was repealed 7-31-1995 by L.L. No. 7-1995. See now Ch. 110, Zoning, Art. VIII, Board of Appeals.
D. 
Scope. This section, together with any regulations promulgated pursuant hereto, constitutes part of the Fire Prevention Code of the Village/Town of Mount Kisco and, as such, is subject to the provisions of Chapter 4, Appearance Tickets.
The provisions of this chapter and the provisions of the Traffic Rules and Regulations Register adopted pursuant thereto shall apply, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer or official traffic control device.
The Village Manager shall have the authority to temporarily suspend promulgated rules and regulations and/or establish emergency parking and traffic rules and regulations, so long as such suspension of existing rules and regulations or establishment of emergency rules and regulations are carried out in a manner consistent with the following:
A. 
Promulgated rules and regulations may be suspended and/or emergency parking and traffic rules and regulations established in the case of severe snowstorms, flooding conditions, natural disaster or other emergency situations.
B. 
Promulgated rules and regulations may be suspended and/or emergency parking and traffic rules and regulations established in the case of bona fide public celebrations and events and when necessary, in the judgment of the Village Manager, to accomplish street or sidewalk maintenance or repair.
C. 
In the case of Subsections A and B above, the Village Manager shall make reasonable effort to make readily available to the general public an announcement of such suspension of promulgated rules and regulations and/or of the establishment of emergency parking and traffic rules and regulations.
The Village Manager shall cause the installation and maintenance of traffic control devices to make effective the provisions of this chapter and the promulgated rules and regulations established pursuant to the provisions of this chapter. The Village Manager shall further cause the installation and maintenance of such additional traffic control devices as may be deemed necessary to regulate, warn or guide traffic in a manner consistent with state statute.
A. 
It shall be a violation of this chapter for any person to remain parked at any parking meter for a continuous period in excess of the maximum amount of time allowed at such meter, during those periods when parking meter fees are required. It shall be a violation of this chapter for any person to remain parked at any limited-parking zone for a continuous period in excess of the maximum amount of time allowed at such zone. It shall further be a violation of this chapter for any person to cause, allow or permit any vehicle registered in the name of or operated by such person to remain parked at any parking meter for a continuous period in excess of the maximum amount of time allowed at such meter during those periods when parking meter fees are required, or at any limited-parking zone for a continuous period in excess of the maximum amount of time allowed at such zone.
B. 
Any person convicted of a violation of this section shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on file with the Village Clerk.
A. 
No vehicle shall be allowed to occupy an unexpired metered parking space for any time greater than the maximum time established for said space. It shall be a violation of this chapter for a person to park a vehicle in a parking space wherein time has fully expired, unless he or she immediately, upon parking such vehicle, inserts or causes to be inserted in the meter allocated to such space a payment for use of said parking space. Immediately upon inserting such payment, such person shall set or turn any handle or activate any other mechanical or digital devices on such meters as may be necessary to place such meter in operation. Upon depositing in such meter the payment as provided above, said parking space may be lawfully continuously occupied by parking such vehicle for the period which the payment shall have purchased and at the rates prescribed. Each parking meter shall display the legal parking time established, instructions for setting the meter in operation and, when in operation, shall indicate on and by its display the duration of the legal parking, and upon expiration of such period shall indicate expiration of the duration of the legal parking. If any vehicle shall remain parked in any such parking space beyond the period of time paid for, as provided above, such vehicle shall be considered as parked overtime, and the parking of a vehicle overtime or beyond the period of time fixed by local law or other promulgated rules or regulations of the Village/Town of Mount Kisco shall be deemed a violation of this chapter and shall be punishable as hereinafter set forth.
B. 
Any person convicted of a violation of this section shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on with the Village Clerk.
The Village Manager is hereby authorized and directed to determine parking meter fees as provided for in this chapter, except that in no event shall such parking fees exceed the amount established in Chapter A112, Fees. Such fees shall be established by promulgation in a manner consistent with the provisions of this chapter and shall not apply to any parking meter deemed under the control of the Mount Kisco Parking Authority.
A. 
The Village Manager is hereby authorized to have parking meters installed in such parking meter zones as are created in a manner consistent with the provisions of this chapter. Such parking meters shall be placed upon the curb alongside of or next to the individual parking space designated. Each parking meter shall be so set as to show or display a signal indicating when the paid parking time for the parking space for which said parking meter is allocated has expired. The Village Manager shall cause, except as is otherwise provided by contract or agreement with another public agency, the placing of lines or markers on the curb and/or on the street in a parking space, as is defined in the General Municipal Law of the State of New York, at or alongside of each parking meter to designate the parking space for which said meter is allocated, and each vehicle parked at such space shall park within the lines or markings so established.
B. 
The Chief of Police shall, except as is otherwise provided by contract or agreement with another public agency, provide for the operation, maintenance, policing and supervision of such parking meters, and it shall be his duty to see to it that such meters are kept in good working condition. Each such parking meter shall be so set as to display a signal showing legal parking. It shall further be his duty, except as is otherwise provided by contract or agreement with another public agency, and he is hereby authorized, to designate some member or members of the Police Department to periodically collect the coins deposited in such parking meters and to account for the same and to pay the same over to the Treasurer of the Village of Mount Kisco.
C. 
The Village Treasurer is hereby authorized and directed to credit the value of the coins deposited in such meters to the appropriate account(s) of the Mount Kisco Parking Authority, said public agency having been duly established pursuant to an act of the State Legislature. In the event that the Mount Kisco Parking Authority ceases to exist, revenues from parking meters shall be credited to the general fund of the Village of Mount Kisco, as provided for in § 1640 of the Vehicle and Traffic Law of the State of New York.
A. 
It shall be unlawful and a violation of this chapter for any person to:
(1) 
Park any motor vehicle in any driving lane, right-of-way or in any area not designated or allocated for the parking of motor vehicles, and it shall be unlawful to park any vehicles across any line or marking or to park a vehicle in such a position that the same shall not be entirely within the area so designated and allocated for the parking of motor vehicles, and all motor vehicles shall be parked with the front of such vehicle alongside of or next to the parking meter allocated to such parking space or entirely within the area designated for parking of motor vehicles in a special-permit or parking-license zone.
(2) 
Deposit, cause to be deposited, insert or cause to be inserted in any parking meter any slug or other device or instrument designed to circumvent payment as set forth in § 101-11A of this chapter.
(3) 
Deface, damage, tamper with, open or willfully break or interfere with or destroy the usefulness of or to open without lawful authority any parking meter installed in the Village of Mount Kisco.
(4) 
Park any vehicle which is required to be registered pursuant to the Vehicle and Traffic Law and is not so registered or does not bear the number plates assigned to it on any property, private or public, within the Village/Town of Mount Kisco, except with the permission of the owner thereof, in any area designated for parking on the approved site plan of any automotive sales or repair facility, in any area fully enclosed within a building or not more than one such vehicle in any portion of the driveway of a residence.
B. 
Any person convicted of a violation of Subsection A(1) or (2) above shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on file with the Village Clerk. Any person convicted of a violation of Subsection A(3) above shall be charged by local authorities under the appropriate state statute(s). Any person convicted of a violation of Subsection A(4) above shall be punishable as provided in Chapter 1, General Provisions, Article III.
A. 
It shall be unlawful and a violation of this chapter for any person to:
(1) 
Park or permit to be parked a commercial vehicle on any street or highway in the PD, CD, RS-12, RS-9, RS-6, RT-6, RM-l0, RM-12, RM-29, or PRD District unless the vehicle is parked while providing service or delivery to a resident.
(2) 
Park or permit to be parked a commercial vehicle on any street or highway between the hours of 1:00 a.m. and 5:00 a.m. in the CB-1, CB-2, GR, CN, CL, OG, OD, DC, RD, ML, SC, GC, H, R, or other district which may be designated as a commercial district, unless the vehicle is parked while providing service or delivery.
B. 
Any person convicted of a violation of this section shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on file with the Village Clerk.
A. 
Abandoned vehicles. Pursuant to the authority granted in the Vehicle and Traffic Law, § 1640, of the State of New York, the Police Department or its duly authorized agent is hereby authorized to provide for the removal and storage of vehicles in a manner consistent with the following:
(1) 
When any vehicle is parked or abandoned on any highway, street or road within the Village of Mount Kisco during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which such vehicle is parked or abandoned.
(2) 
When any vehicle is found unattended on any highway within the Village where such vehicle constitutes an obstruction to traffic.
(3) 
When any vehicle is parked or abandoned on any highway within the Village where stopping, standing or parking is prohibited.
(4) 
When any vehicle is parked or abandoned on any highway, public right-of-way or upon lands belonging to the Village for a period exceeding 24 hours. Such continuous parking of a vehicle on such highway, public right-of-way or upon any lands belonging to the Village shall be deemed prima facie evidence of abandonment of such vehicle.
(5) 
The officer ordering removal of a vehicle shall, without delay, report the removal and disposition of any vehicle removed as provided in this chapter to the Chief of Police, and it shall be the duty of such Chief of Police or his designated agent to ascertain, to the extent possible, the owner of the vehicle or person having the same in charge and to notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem the same.
(6) 
Upon the removal of any vehicle by the Police Department or its duly authorized agent, the same may store such vehicle in a suitable place at the expense of the owner. Fees charged for the removal and storage of vehicles shall be promulgated by the Village Manager in a manner consistent with the other provisions of this chapter; provided, however, that fees for removal of such vehicle shall not exceed the amount established in Chapter A112, Fees, or the actual cost of removing said vehicle, whichever is greater, and fees for storage of such vehicle shall not exceed the amount provided in Chapter A112, Fees. Fees for storage shall not be charged if a vehicle is claimed by its owner or operator on the same calendar day as the vehicle was removed. Notwithstanding the provisions of any lease agreement between the Village and any private carter of vehicles, the Village Manager shall have the authority to waive or modify the fee requirements for storage of vehicles for extenuating circumstances.
B. 
Other vehicles. In the event that the Police Department impounds a vehicle illegally parked in a tow-away zone or on charges established pursuant to state statute and not discussed in Subsection A above, the fees provided for in said subsection for the removal and storage of vehicles shall apply, except when the vehicle being impounded is being driven to an impounding storage area by the owner or operator of the same, in which case the removal fee shall not apply, and/or when the impounded vehicle is to be stored on Village property, in which case the storage fee may not apply, as determined by the Village Manager.
A. 
It shall be unlawful for any pedestrian to cross any public highway from one side to the other, except as follows:
(1) 
At an intersection or a crosswalk controlled by a mechanical or electrical traffic control device, if the same includes a "walk" cycle or designation, the crossing shall be made while such designation is indicated for the route used in crossing, or, if there is no "walk" cycle, the crossing shall be made only while vehicular traffic is permitted to proceed in the same direction as the route used in such crossing.
(2) 
At all intersections or crosswalks, whether or not controlled by a mechanical or electrical traffic control device, crossing shall be made only within the boundaries of such intersection or crosswalk, as the case may be, and at the intersections, except where vehicular traffic is halted simultaneously in all directions, no diagonal crossings shall be permitted.
(3) 
In obedience to a direct order or direction from any person lawfully controlling the flow of traffic at the point of crossing, including a school crossing guard.
B. 
Any person convicted of a violation of this section shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on file with the Village Clerk,
In order to implement the orderly institution all the requirements, rules and regulations, repeal of prior local laws and ordinances pertaining to these subjects and other provisions of this chapter, the Village Manager shall immediately upon the adoption of this chapter issue a Traffic Rules and Regulations Register, as provided for in this chapter.
Nothing in this chapter shall conflict with or be deemed to supersede any of the prescribed duties and responsibilities of the Mount Kisco Parking Authority as delineated by state statute.