The provisions of this article 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.
[Amended 10-4-1993 by L.L. No. 14-1993]
A.
Wherever a space shall be marked off on the surface
of any street or public parking lot for the parking of an individual
vehicle, every vehicle there parked shall be parked within the lines
bounding such space.
B.
Except where angle parking is authorized, every vehicle
stopped, standing or parked wholly upon a two-way roadway shall be
so stopped, standing or parked with the right-hand wheels of such
vehicle parallel to and within 12 inches of the right-hand curb or
edge of the roadway.
C.
Except where angle parking is authorized, every vehicle
stopped, standing or parked wholly upon a one-way roadway shall be
so stopped, standing or parked parallel to the curb or edge of the
roadway, in the direction of authorized traffic movement, with its
right-hand wheels within 12 inches of the right-hand curb or edge
of the roadway or its left-hand wheels within 12 inches of the left-hand
curb or edge of the roadway.
D.
Except where angle parking is authorized, every vehicle
stopped, standing or parked partly upon a roadway shall be so stopped,
standing or parked parallel to the curb or edge of the roadway. On
a one-way roadway, such vehicle shall be facing in the direction of
authorized traffic movement; on a two-way roadway, such vehicle shall
be facing in the direction of authorized traffic movement on that
portion of the roadway on which the vehicle rests.
No person shall park any vehicle between the
curb and sidewalk on any street in the Village of Port Chester.
No person shall park any vehicle in the following
areas:
A.
On any street in such a manner as to block any public
or private drive; along or in a manner which obstructs a curb area
which has been cut down, lowered or otherwise constructed or altered
to provide access for persons with disabilities.
[Amended 6-2-2004]
B.
In front of or within 15 feet of either side of the
entrance of any theater, auditorium, bank, hospital, funeral home
or other building when large assemblages of persons are being held,
except briefly to take on or discharge passengers or freight.
C.
In any manner which blocks or obstructs the flow of
traffic on any street.
D.
Within 200 feet of its former position in a restricted
or limited time parking area.
E.
On any street for the purpose of advertising a vehicle
for sale or for displaying advertising, except by special permit of
the Board of Trustees.
F.
No person shall stop, stand or park a vehicle within
15 feet of a fire hydrant except when such vehicle is attended by
a licensed operator or chauffeur who is seated in the front seat and
who can immediately move such vehicle in case of emergency, unless
a different distance is indicated by official signs, markings or parking
meters.
[Added 10-4-1993 by L.L. No. 14-1993]
The parking or standing of vehicles is hereby prohibited at all times in the locations described in Schedule XIII (§ 319-74).
[Added 9-4-1990 by L.L. No. 10-1990]
The parking or standing of vehicles is hereby prohibited at all times in the locations designated in Schedule XXXI (§ 319-92). Violation of this section shall be subject to not less than the minimum fine provided for violations hereof.
The parking of vehicles is hereby prohibited in the locations described in Schedule XV (§ 319-76) during the times indicated.
The parking of vehicles is hereby prohibited in the locations described in Schedule XVI (§ 319-77) for a longer period of time than that designated, during the hours indicated of any day except Sundays or holidays as indicated.
[Amended 12-6-2010 by L.L. No. 12-2010; 7-5-2011 by L.L. No.
9-2011]
No person driving or having any vehicle in his or her charge or under his or her control shall permit the same to be parked, put in place and let remain or left standing, whether attended or unattended, in the streets set forth as follows, except as herein provided. Twenty-four-hour parking shall be permitted on the even days of each month on the even-numbered side of the street, and twenty-four-hour parking shall be permitted on the odd days of each month on the odd-numbered side of the street, on the streets described in Schedule XVII (§ 319-78). For the purpose of this section, the twenty-four-hour period shall begin at the time specified in the schedule.
Vehicles shall be parked at an angle to the curb within the lines designating parking spaces on the streets and locations described in Schedule XVIII (§ 319-79).
The streets described in Schedule XIX (§ 319-80) are hereby designated as snow emergency streets, and the parking, standing or stopping of vehicles is prohibited thereon as follows.
A.
Authority of Village Manager.
(1)
Duty to declare emergency.
(a)
It shall be the duty of the Village Manager or his designee to declare a snow emergency. Such condition will exist whenever he finds that falling snow, sleet or freezing rain will create a condition which makes it necessary that the standing of motor vehicles on snow emergency routes be prohibited; or, whenever he finds, on the basis of a firm forecast of snow, sleet or freezing rain, that the weather conditions as so forecast may create a condition making it necessary that such standing be prohibited, he is authorized to announce such prohibition, to become effective at a time specified by the Village Manager or his designee, but not less than one hour after such announcement. Announcement of such prohibition shall be in accordance with the requirements of Subsection A(2). After the effective time of such prohibition, no person shall stand any vehicle or permit any vehicle to remain standing on a snow emergency route, except that if a fall of snow, sleet or freezing rain occurs after 11:00 p.m. and prior to 6:00 a.m. and the Village Manager or his designee has not announced prior to 11:00 p.m. that standing on snow emergency routes is to be prohibited after a specified time, a vehicle parked on a snow emergency route may remain so parked until 7:00 a.m. first following such fall.
(b)
The prohibition of standing announced by the
Village Manager or his designee under the authority of this subsection
shall remain in effect until the Village Manager or his designee announces
the termination of the snow emergency, in part or in whole, after
which the prohibition of standing authorized by this subsection shall
no longer be in effect.
(2)
Each snow emergency parking regulation announcement
by the Village Manager or his designee shall be made between the hours
of 6:00 a.m. and 11:00 p.m. by means of broadcasts or telecasts from
not less than two radio or television stations with a normal operating
range covering the Village of Port Chester and, if possible, shall
also be made through newspapers of general circulation. Each such
announcement shall state the time these snow emergency parking regulations
become effective.
(3)
Whenever the Village Manager or his designee shall
find that some or all of the conditions which gave rise to the snow
emergency prohibition no longer exist, he is authorized to declare
the termination of the emergency, in part or in whole, effective immediately
upon announcement, except that if such announcement is made other
than between 6:00 a.m. and 11:00 p.m., it shall be repeated between
those hours.
(4)
The Village Manager or his designee shall make or cause to be made a record of the date and time when the announcement of a snow emergency parking regulation is first made to the public in accordance with the requirements of Subsection A(2) and the date, time and conditions of any announcements made to the public of the termination of each snow emergency parking regulation, either in part or in whole, in accordance with the requirements of Subsection A(3).
B.
Between November 15 and April 1 of the following year,
no person operating a motor vehicle on a snow emergency route on which
there is a covering of snow, sleet or ice shall allow such vehicle
to become stalled, wholly or partly, because the drive wheels thereof
are not equipped with effective tire chains or snow tires. No person
operating a motor vehicle on a part of a snow emergency route on which
there is a covering of snow, sleet or ice or on which there is a parking
prohibition in effect shall park or allow such vehicle to become stalled
because the motor fuel supply is exhausted or the battery has become
inoperative.
C.
Whenever a vehicle becomes stalled for any reason,
whether or not in violation of this section, on any part of a snow
emergency route on which there is a covering of snow, sleet or ice
or on which there is a parking prohibition in effect, the person operating
such vehicle shall take immediate action to have the vehicle towed
or pushed off the roadway of such snow emergency route, either onto
the first cross street which is not a snow emergency route or onto
the public space portion of a nearby driveway. No person shall abandon
or leave this vehicle in the roadway of a snow emergency route (regardless
of whether he indicates, by raising the hood or otherwise, that the
vehicle is stalled), except for the purpose of securing assistance
during the actual time necessary to go to a nearby telephone or to
a nearby garage, gasoline station or other place of assistance and
return without delay.
D.
Removal, impounding and return of vehicles.
(1)
Members of the Police Department are hereby authorized
to remove or have removed a vehicle from a street to the nearest garage
or other place of safety, including another place on a street, or
to a garage designated or maintained by the Police Department or otherwise
maintained by this Village when the vehicle is stalled on a snow emergency
route on which there is a covering of snow, sleet or ice or on which
there is a parking prohibition in effect, and the person who was operating
such vehicle does not appear to be removing it in accordance with
the provisions of this section.
(2)
Whenever an officer removes or has removed a vehicle
from the street, as authorized in this section, and the officer knows
or is able to ascertain from the registration records in the vehicle
the name and address of the owner thereof, such officer shall immediately
give notice in writing to such owner of the fact of such removal and
the reasons therefor and the place to which such vehicle has been
removed. In the event any such vehicle is stored in a public garage,
a copy of such notice shall be given to the proprietor of such garage.
(3)
Whenever an officer removes or has removed a vehicle
from a street under this section and does not know and is not able
to ascertain the name of the owner or for any other reason is unable
to give notice to the owner as hereinbefore provided and in the event
that the vehicle is not returned to the owner within a period of three
days, then and in that event, the officer shall immediately send or
cause to be sent a written report of such removal by mail to the state
department whose duty it is to register motor vehicles and shall file
a copy of such notice with the proprietor of any public garage in
which the vehicle may be stored. Such notice shall include a complete
description of the vehicle, the date, time and place from which removed,
the reasons for such removal and the name of the garage or place where
the vehicle is stored.
(4)
No person shall recover any vehicle removed in accordance with this chapter except as provided herein. Before the owner or person in charge of said vehicle shall be allowed to recover it from the place where it has been placed or impounded, he shall present to a member of the Police Department evidence of his identity and right to possession of the vehicle, sign a receipt for its return and, in addition to an administrative fee to secure the removal of said vehicle and any penalties and fines owed to the Village of Port Chester, he shall also pay the towing service the cost of the tow and storage charges, all as set out in Chapter 175, Fees.
[Amended 1-28-1982 by L.L. No. 2-1982; 9-2-1997 by L.L. No. 14-1997]
(5)
It shall be the duty of the Police Department to keep
a record of each vehicle removed in accordance with this section.
The record shall include a description of the vehicle, its license
number, the date and time of its removal, where it was removed from,
its location, the name and address of its owner and last operator,
if known, its final disposition and the violation involved.
(6)
This section shall be supplemental to any other provisions
of law granting members of the Police Department authority to remove
vehicles.
E.
Signs to mark snow emergency routes. On each street
designated by this section as a snow emergency route, there shall
be posted, at intervals not exceeding 500 feet, signs with the following
wording: SNOW EMERGENCY AND TOW-AWAY ZONE. These signs shall be distinctive
and uniform in appearance and shall be plainly readable to persons
traveling on the street or highway and may be made of either wood,
metal or cardboard.
F.
No person, partnership, corporation, joint-stock company
or syndicate shall deposit or cause to be deposited any snow and ice
on or against a fire hydrant or on any way which has been cleared
or plowed of snow or ice, it being expressly provided that until such
snow clearance or plowing of the roadway, property owners may deposit
accumulations of snow and ice from their sidewalks at curblines, incident
to the cleaning of sidewalks. Nothing herein contained shall permit
any commercial establishment or person or persons to gather accumulations
of snow or ice from parking grounds or parking areas owned by them
and/or in their control and to deposit the same in the public streets
at any time.
G.
The Village Manager may designate such other streets
as "emergency streets" or "emergency routes" as he may determine advisable
or necessary to further carry out the provisions or the intent of
this section.
H.
Penalties for offenses. Every person convicted of
a violation of any provision of this section which is not a violation
of any provision of the Vehicle and Traffic Law of the State of New
York shall, for a first conviction thereof, be punished by a fine
of not more than $50 or by imprisonment of not more than 15 days,
or by both such fine and imprisonment; for a second such conviction
within 18 months thereafter, such person shall be punished by a fine
of not more than $100 or by imprisonment for not more than 45 days,
or by both such fine and imprisonment; upon a third or subsequent
conviction within 18 months after the first conviction, such person
shall be punished by a fine of not more than $250 or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
[Added 7-6-1981 by L.L. No. 4-1981]
A.
Fire lanes established.
(1)
Establish a fire lane of 30 feet in width measured
from the curbline around the perimeter of the stores and buildings
located in the Boston Post Road Shopping Center and the Pathmark Shopping
Center on Midland Avenue and direct that said perimeters be maintained
and kept open at all times for the movement of emerging 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.
[Amended 7-2-1984 by L.L. No. 7-1984]
(2)
Establish a fire lane of 30 feet in width measured
from the building line fronting on the existing stores and buildings
located in the Lyon Park Shopping Center, from the northerly line
of Lyon Park Pharmacy and running to the southerly line of Bentley's,
located on Willett Avenue, and direct that said lane be maintained
and kept open at all times for the movement of emergency vehicles
and other traffic.
[Added 8-6-1984 by L.L. No. 12-1984[1]]
[1]
Editor's Note: This local law was designated as § 319-26.1A(1), but was renumbered as A(2) to fit the style of the Code.
(3)
Establish a fire lane of 30 feet in width measured
from the curbline around the perimeter of the apartment building located
at 140 Grace Church Street and direct that said perimeter be maintained
and kept open at all times for the movement of emerging 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.
[Added 3-30-1988 by L.L. No. 5-1988]
(4)
Establish a fire lane on Columbus Avenue, east
side, extending from the driveway entrance at the rear of Park Avenue
School south for 55 feet.
[Added 4-16-2007]
B.
No person shall stop, stand or park a vehicle except
when necessary to avoid conflict with other traffic or pedestrians
or in compliance with the directions of a police officer in the said
thirty-foot-wide fire lane.
C.
The Village of Port Chester's Police Department is
authorized and directed to remove any vehicle parked, abandoned or
found unattended in the fire lane as described in this section where
it constitutes an obstruction to traffic or any place where stopping,
standing or parking is prohibited under this section.
D.
The violation of this section, adopted pursuant to
§§ 1640 and 1640-a of the Vehicle and Traffic Law of
the State of New York, shall constitute a traffic infraction within
the meaning of § 1800 of the Vehicle and Traffic Law of
the State of New York.
E.
Every person convicted of a traffic infraction for
a violation of any of the above provisions of this section, adopted
pursuant to §§ 1640 and 1640-a of the Vehicle and Traffic
Law of the State of New York, shall, for the first conviction thereof,
be punishable by fine not to exceed $50; and for a second or a subsequent
conviction shall be punishable by a fine not to exceed $100. These
fines may be recovered by the Village of Port Chester in a civil action.
F.
Any expenses incurred for the enforcement of this
section, such as painting, posting, etc., will be borne by the property
owner and not the Village of Port Chester.
[Added 9-7-1982 by L.L. No. 30-1982]
A.
Locations.
(1)
Fire zones in front of the following fire stations
are established as follows:
(b)
Upper Westchester Avenue Firehouse, south side
of Westchester Avenue, 79 feet east of Park Place: an eighty-foot
fire zone going east.
(c)
South End Fire Station, both sides of Grace
Church Street between Central Avenue and Don Bosco Place.
[Amended 11-17-2003]
(d)
Willett Avenue Firehouse, east side of Willett
Avenue: fire zone going south 124 feet from the north corner of Mortimer
Street; west side of Willett Avenue: fire zone going south 90 feet
from the south corner of Mortimer Street.
(2)
It is directed that said zones be maintained
and kept open at all times for the movement of emergency vehicles
and other traffic. The width of each zone shall be measured along
the curb line, if established or existing. If no curbline exists,
then the fire zone shall be measured along the shoulder of the roadway
fronting the fire station property.
B.
No person shall stop, stand or park a vehicle except
when necessary to avoid conflict with other traffic or pedestrians
or in compliance with the directions of a police officer in any of
said fire zones.
C.
The Village of Port Chester's Police Department is
authorized and directed to remove any vehicle parked, abandoned or
found unattended in any fire zone as described in this section where
it constitutes an obstruction to traffic or any place where stopping,
standing or parking is prohibited under this section.
D.
The violation of this section, adopted pursuant to
§§ 1640 and 1640-a of the Vehicle and Traffic Law of
the State of New York shall constitute a traffic infraction within
the meaning of § 1800 of the Vehicle and Traffic Law of
the State of New York.
E.
Every person convicted of a traffic infraction for
a violation of any of the above provisions of this section, adopted
pursuant to §§ 1640 and 1640-a of the Vehicle and Traffic
Law of the State of New York, shall for the first conviction thereof
be punishable by a fine of $50 and for a second or a subsequent conviction
shall be punishable by a fine of $100. These fines may be recovered
by the Village of Port Chester in a civil action.
[Added 4-1-1992 by L.L. No. 6-1992[1]]
A.
Eligible. Any municipal corporation, school, hospital,
shopping center, not-for-profit facility, private apartment complex
and/or private condominium project may apply to the Board of Trustees
for Village police enforcement of fire zones, handicapped parking
and traffic regulations on the applicant's property by filing a letter
request with the Village Clerk.
[Amended 8-16-1999 by L.L. No. 13-1999]
B.
Procedure.
(1)
On receipt of the application, the Clerk shall
remit a copy of the request to the Police Chief, the Traffic Commission
and Fire Chief, who shall each file a recommendation with the Clerk.
(2)
On receipt of such recommendations, the Clerk
shall forward the application and recommendations to the Board of
Trustees.
(4)
On receipt of the resolution of the Board of
Trustees, the Clerk shall file a copy of the same in a special file
maintained for the same in his office and, except in cases of denial,
shall send a copy to the Police Chief for enforcement, as adopted,
and shall also send a copy of any resolution to the applicant.
C.
Posting.
[Amended 11-1-1999 by L.L. No. 18-1999]
(1)
It shall be the duty of the owner (applicant)
to post the traffic control signs, parking lines and handicap signs
and paint fire lanes and give notice of the requirements in conformity
with the Vehicle and Traffic Code at its expense.
(2)
For purpose hereof, fire lanes shall be 30 feet
wide running from the curb or, if none, the building line; they shall
be in front of the front entrance and shall not extend beyond the
length of the building or 150 feet, whichever is longer, or of such
dimensions as may be deemed appropriate for the public safety in each
instance.
(3)
The Village of Port Chester shall have no responsibility
for the signs or lines or for condition of said property, all of which
shall remain in the exclusive control of the owner and/or occupant
thereof and be their sole responsibility, except that the police may
enter thereon to enforce this section.
D.
Violations. Any person violating any of the posted
signs, lines, parking, handicapped parking or fire lane regulations
which the police are authorized to enforce hereunder shall be subject
to the same fines and penalties on those set out in Port Chester Code
§§ 319.58 and 319.58.1 and/or the Vehicle and Traffic
Law of the State of New York, whichever is applicable to the charge
made by the terms thereof.
E.
Invalidation. Invalidation of any part of this § 319-26.3 shall not invalidate any other part hereof.
F.
Effective date. This section shall take effect immediately.
[1]
Editor's Note: The preamble to this local
law read as follows: "The Village of Port Chester has had repeated
requests to enforce traffic and parking regulation in the parking
areas and driveways of shopping center, not-for-profit facilities,
private apartment and condominium complexes and hospitals as authorized
by § 1640-a of the Vehicle and Traffic Law. The Village
of Port Chester has also had requests from public schools to enforce
such regulations on their properties, which although not specifically
authorized by the Vehicle and Traffic Law, may be enforced by the
Village under its home rule powers, if shown to be necessary for the
health and welfare of the Village. (See opinion of the Attorney General
No. 92-6, dated 2/13/1992.) The Village of Port Chester has investigated
the need to enforce parking regulations on school property, and based
on reports from the Police Department and Fire Chief and investigations
by members of the Board of Trustees, it is determined that cars are
parking and double parking in the entrance driveway, including the
fire zone designated and marked in and along the entrance driveway,
and also parking in the lot in such manner that the fire trucks have
no access and that students are forced to walk between cars without
adequate sight lines for crossing the drives and parking lots. Such
conditions being found to endanger the safety and welfare of Village
students and residents. For the reasons stated, this local law is
adopted and reads as follows."
[Added 11-1-1993 by L.L. No. 16-1993]
A.
No person shall cause or permit the engine of a motor
vehicle, other than a legally authorized emergency motor vehicle,
to idle for longer than three minutes while parking as defined in
§ 129 of the Vehicle and Traffic Law, standing as defined
in § 145 of the Vehicle and Traffic Law or stopping as defined
in § 147 of the Vehicle and Traffic Law, unless the engine
is used to operate a loading, unloading or processing device.
B.
When the ambient temperature is in excess of 40°
F., no person shall cause or permit the engine of a bus, as defined
in § 104 of the Vehicle and Traffic Law, to idle while parking
or standing.
