[HISTORY: Adopted by the Town Board of the Town of Livonia as indicated
in article histories. Amendments noted where applicable.]
[Adopted 4-6-2004 by L.L. No. 2-2004]
A.
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.
B.
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.
A.
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.
B.
CENTERLINE
CURBLINE
OBJECT
OFFICIAL TIME STANDARD
PROPERTY
RIGHT-OF-WAY (ROW)
STORM WARNING
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."
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.
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.
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.
A.
Each sign installed shall be approximately 18 inches
by 18 inches.
B.
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."
C.
Distance separation shall be 500 feet between signs,
interspaced from the eastside to the westside of the roadway.
D.
Sign(s) to be produced by the County Highway Department
sign shop at nominal cost to the Town.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
A.
General provisions.
(1)
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.
(2)
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.
(3)
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.
(4)
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.
B.
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.
C.
Notice of removal.
(1)
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.
(2)
The Town Clerk shall keep a record of such for informational
purposes to queries of property owner(s).
(3)
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.
(4)
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.
A.
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.
B.
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.
