[Adopted 7-14-2003 by L.L. No. 4-2003]
For the purpose of this chapter and for all
other chapters of the Village Code, unless with regard to such other
chapters such terms are otherwise defined or unless the context clearly
implies a different definition, the following definitions shall apply:
A municipal street adjoining property zoned primarily for
business, commercial, or industrial use.
A private road within the Village connecting a house, garage,
or other building with a street.
A motorcycle as defined in the Vehicle and Traffic Law of
the State of New York.
A street that a municipality owns and/or maintains on a regular
basis by deed, easement, acceptance of dedication, or prescription.
Municipal streets include Village streets.
With regard to streets, includes macadam, asphalt, brick,
concrete, or other similarly improved roadbed.
A street that is not a public street.
A public street, municipal parking field, and any culvert,
crosswalk, square, and other place, used to any degree by the general
public.
A street that the public has the right to use. Public streets
include municipal streets.
A sidewalk within or adjacent to a public street or that
the public otherwise has the right to use.
A highway, boulevard, concourse, road, avenue, lane, alley,
court, cul-de-sac, drive, or thoroughfare within the Village more
than 20 feet in width, excluding driveways.
The Village of Port Washington North.
A street that the Village owns and/or maintains on a regular
basis by deed, easement, acceptance of dedication, or prescription.
[Amended 11-10-2003 by L.L. No. 9-2003]
A.
No person shall cover, or tolerate or permit the covering of, a vehicle, excluding a motorcycle, parked on a public street within the Village, unless a currently valid permit has been issued for the use of said cover on said vehicle by the Board of Trustees as set forth in Subsection D hereof.
B.
For the purposes of this section, a "cover" shall
be defined as any material or materials, which, together, cover substantially
all of the roof and the windows of the vehicle.
C.
In any prosecution under this section, it shall be an affirmative defense that a currently valid permit has been issued for the use of said cover on said vehicle by the Board of Trustees as set forth in Subsection D hereof, and there shall be a conclusive presumption that the registered owner of the vehicle tolerated or permitted the covering of the vehicle.
D.
The Board of Trustees may issue a permit to use a
cover on a vehicle parked on a public street within the Village upon
the following conditions:
(1)
A signed, written application shall be made to the
Board of Trustees setting forth the following information, with the
required documentation:
(a)
Name, address, and telephone number of the applicant.
(b)
Manufacturer, model, color, and license plate
number of the vehicle to be covered.
(c)
Copies of the current vehicle registration certificate
and insurance card.
(d)
Sufficient detail of the proposed cover, by
manufacturer's brochure, photographs, or actually bringing in the
proposed cover, for the Board of Trustees to review it.
(e)
Sufficient reasons as to why the vehicle to
be covered cannot be parked, when covered, upon the applicant's property.
(2)
All such covers shall meet the following requirements,
unless for good cause waived by the Board of Trustees:
(a)
No cover shall be permitted to cover the registration
and inspection stickers on the windshield, nor the license plates
on the front and rear of the vehicle.
(b)
All covers shall be securely affixed to the
vehicles so that they do not blow around in windy weather.
(c)
All covers shall be kept clean, in good condition,
and aesthetically pleasing so as not to be eyesores to the community.
(3)
Any permit issued hereunder shall only be valid until
the expiration of the registration and insurance card exhibited to
the Board of Trustees. The Board may permit renewals thereof by the
Village Clerk, upon proof of renewal of such registration and insurance.
(4)
No permit issued hereunder shall be valid for longer
than two years from the date of issuance or such lesser period as
may be set by the Board of Trustees at the time the permit is issued.
(5)
The following restrictions shall apply to all such
permits:
(a)
Such covers may not be used after March 15 or
before November 15.
(b)
Such covers may only be used from four hours
before until four hours following a snowfall of two inches or more.
Notwithstanding the foregoing, in the event that a snowfall of two
inches or more shall occur between 6:00 p.m. and 8:00 a.m., such covers
also may be used from 6:00 p.m. before such snowfall until 8:00 a.m.
following such snowfall.
(c)
The requirement that the permit issued hereunder
be affixed to the cover.
(d)
The requirement that the inside of the vehicle
be visible.
(e)
Such additional conditions as the Board of Trustees
may, by resolution, from time to time find appropriate.
(6)
Any permit granted herein may be revoked by the Board
of Trustees, upon notice, for any violation of the provisions of this
section or the conditions imposed by the Board of Trustees.
(7)
The Board of Trustees, by resolution, may adopt a
resolution requiring a permit fee for such applications.
[Added 7-12-2004 by L.L. No. 7-2004]
A.
No person shall utilize the public streets or sidewalks
in connection with or in furtherance of a commercial use. This section
shall not be construed so as to prohibit the use of a public street
or sidewalk for access to a business or for such other purpose, such
as loading, stopping, standing or parking, as may be specifically
permitted by applicable law. By way of illustration, without limitation,
the prohibition in this section shall apply to, among other things,
the repairing of automobiles in the street by a gasoline service station
or repair shop, the cleaning or drying of cars in a street by a car
wash and the storage of vehicles on the street by a leasing company.
B.
Exemptions; affirmative defense.
(1)
Notwithstanding anything in this section to the contrary,
the following shall be permitted:
(a)
The use of the public streets by the holder of a valid unexpired license issued by the Village Clerk pursuant to Chapter 124, Peddling, of this Code, for the uses permitted pursuant to said license.
(b)
Emergency repair service for disabled vehicles,
so long as such service is performed where the vehicle became disabled
and is solely for the purpose of either performing the necessary repairs
so that the disabled vehicle may be able to be sufficiently operated
to remove it from the street or preparing such vehicle to be towed
or otherwise removed from the street.
(c)
Commercial vehicles necessarily involved with
the performing of services or repairs at premises which are legally
being utilized as a one- or two-family dwelling, so long as such vehicles
are parked within 150 feet of the premises upon which such dwelling
is located and the services or repairs are actively being performed
at the time. Such vehicles are intended to include, for example, without
limitation, landscaping trucks, furniture moving trucks and household
repair vans.
[Added 5-4-2016 by L.L.
No. 2-2016]
A.
No person shall park any vehicle or trailer on any public street
or public right-of-way which is either inoperable, dismantled, missing
parts or in disrepair such that it is incapable of operation or use
or is unregistered, uninspected or without a license plate affixed
to the motor vehicle or trailer.
B.
It is an affirmative defense to a violation of this section that
the vehicle was removed or made operable from the public street or
public right-of-way within 24 hours of becoming inoperable.
