[HISTORY: Adopted by the Town Board of the Town of Livonia as indicated in article histories. Amendments noted where applicable.]
Article I East Lake Road
[Adopted 4-6-2004 by L.L. No. 2-2004]
This article is designed to promote the health, safety, general welfare and property of the people of the Town of Livonia by imposing regulations to help ensure the legal and safe conduct of storage along the portion of East Lake Road that is in the Town of Livonia.
This article is enacted pursuant to Article 35, § 1603, Delegation of powers, of the Vehicle and Traffic Law of the State of New York; the General Municipal Law; the Town Law of the State of New York; the Municipal Home Rule Law of the State of New York; and the NYCRR Title 19, "The New York State Uniform Code," as these same may be amended from time to time.
The words and phrases used in this article shall have the meanings normally accepted and/or respectively ascribed to them by Article 1, § 100, inclusive, of the Vehicle and Traffic Law of the State of New York.
The following words and phrases, which are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them in this section for the purposes of this article.
- This is the exact center of a roadway and measurement outward from this point shall be east and west, or north and south, for permitted distances. Where available the center painted line of the roadway may be used and considered the roadway center.
- The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary line of the roadway, also to be known as the right-of-way.
- See definition for "property."
- OFFICIAL TIME STANDARD
- Whenever certain hours, dates, months or seasons are named herein or on traffic control devices, they shall mean the time standard that is in current use in this state.
- As referred to in this article shall have the accepted meaning and further be known to be the sum total of one's possessions, tangible and intangible, or an item considered as part of one's property. Also, ownership, right of possession or disposal of anything at that person(s)' or group(s)' disposal because of documented or implied personal or assigned ownership.
- RIGHT-OF-WAY (ROW)
- Includes all portions of a roadway owned or maintained by the Town of Livonia or used for public travel in the Town of Livonia. The measurements thereof to be consistent with those right of way (ROW) measurements legally documented by the Town of Livonia Highway Department, the Livingston County Highway Department or the New York State Department of Transportation.
- STORM WARNING
- This is as defined by the National Weather Bureau and may be received by the Town of Livonia over accepted telecommunications devices.
The Highway Superintendent shall install and maintain signage to control storage when and as required under the provisions of this article, to make effective the provisions of this article, and may install and maintain such additional control devices as he may deem necessary to regulate, warn or guide traffic away from legally stored property under the Vehicle and Traffic Law of the State of New York, subject to the provisions of §§ 1682 and 1684 of that law.
Each sign installed shall be approximately 18 inches by 18 inches.
The official time standard and sign wordage shall read as follows: "NO STORAGE, FROM NOVEMBER 1 TO MARCH 31, within 16 feet from center line of this road. Town of Livonia - Local Law No. 2-2004."
Distance separation shall be 500 feet between signs, interspaced from the eastside to the westside of the roadway.
Sign(s) to be produced by the County Highway Department sign shop at nominal cost to the Town.
The storage of any property(s) within 16 feet east and west from center line of all of East Lake Road (3.16 miles) that is located in the Town of Livonia is hereby prohibited.
This article shall be in effect from the first day of November in each year and continuing through the 31st day of March in the succeeding year.
It shall be the responsibility of each property(s) owner or operator responsible for such object(s) to remove said property(s) from the described restricted area during these dates.
The Town of Livonia Highway Superintendent or an appointed designee shall have the authority to remove or ask to have removed, when possible, any object(s) or vehicle(s) whenever snow removal operations are in progress, or immediately pending snow operations because of a designated storm warning.
In no case or circumstance shall any property(s) be allowed closer than 16 feet to the center line of the portion of East Lake Road located in the Town of Livonia during this seasonal time period for longer than 24 hours.
When any property(s) is stored or abandoned within the sixteen-foot restriction area during a snowstorm, flood, fire or other public emergency that affects the aforementioned roadway or area, said property(s) should be immediately removed by or under the direction of the Highway Superintendent or a designated representative.
The Highway Superintendent or a designated representative shall have the power to cause the removal, disposal or storage of any property(s) in the restricted area of the aforementioned roadway left unattended for more than 24 hours.
When any object(s) or property(s) is found unattended or abandoned on or within the restricted area and said object(s) or property(s) constitute(s) an obstruction to traffic or a work operation, said object(s) or property(s) should be removed by or under the direction of the Highway Superintendent or a designated representative.
When any of the aforementioned conditions exist, the Highway Superintendent or a designated representative may call the Livingston County Sheriff's Department or the New York State Police Department to enforce the requirements of this article.
Storage and fee charges. After removal of any object(s) as provided in this article, the Highway Superintendent may store, or cause such property(s) to be stored, in a suitable place at the expense of the owner. Such owner or person in charge of the property(s) may redeem the same upon payment of the amount of all expenses actually and necessarily incurred in affecting such removal and storage to the person with whom stored.
Notice of removal.
It shall be the duty of the Highway Superintendent to ascertain to the extent possible the owner of the property(s) or the person having the same in charge and to notify him or her of the removal and disposition of such object(s) and of the amount which will be required to redeem the same. The Highway Superintendent or designated representative shall also, without delay, report the removal and disposition of any property removed as provided in this article to the Town Clerk.
The Town Clerk shall keep a record of such for informational purposes to queries of property owner(s).
The Town Highway Superintendent or designated representative or the Town Clerk, shall cause to be made, as to any property(s) removed pursuant to this article, a report to the Livingston County Sheriff's Office and NYS Police as required under the Vehicle and Traffic Law. A phone call may suffice if approved by the aforementioned police agencies.
Where the object(s) or property(s) has been in the possession of the Town for more than 30 days and is unclaimed, then the Town Superintendent of Highways or other Town official, as designated by the Town Board, may sell the same at public sale upon notice of such sale being posted at the Town Hall and in one other accepted means of public notice by the Town of Livonia at least five (5) days, weekends and holidays not included, before the date of sale. The official conducting the sale may, in his or her discretion, give other publicity to such sale, or he or she may delay the sale with just cause.
Every person convicted of a violation of this article shall be guilty of a traffic infraction. The penalty for a violation of any provision of this article 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 for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within three 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.
Except those parts, if any, which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York, this article and any regulations adopted hereunder shall take effect as provided by law and upon filing with the Secretary of State.
Any part(s) of this article and/or any regulation(s) adopted hereunder which are subject to approval under § 1684 of the Vehicle and Traffic Law of the State of New York shall take effect from and after the day on which approval, in writing, is received from the New York State Department of Transportation.