[Adopted 12-9-1974 by L.L. No. 2-1974 (Ch.
31A of the 1971 Code)]
The Common Council of the City of Middletown,
New York, hereby finds and declares, as a matter of legislative determination
and by authority of the Vehicle and Traffic Law of the State of New
York, that it is in the best interest of the public and for the welfare
and safety of the inhabitants of the City of Middletown and to regulate
and control traffic, to prevent congestion of traffic and to expedite
the orderly movement thereof, that this article be enacted.
Whenever road conditions in the City of Middletown
shall become hazardous or such that the free movement of fire, health,
police-emergency or other vehicular traffic may be impeded by reason
of snow, freezing rain, sleet, ice, water, debris, fire or other natural
or artificial causes, the Mayor of the City of Middletown, or such
other person designated by him, may and he hereby is authorized to
declare the existence of an emergency.
The declaration of an emergency as aforesaid
may be conveyed to the public by radio or newspaper; announcement
by one local radio station or one daily newspaper published in the
City of Middletown. Notice may also be transmitted to the general
public by distribution of notices, leaflets, handbills or other written
or printed notices distributed to the general public or affixed to
the automobiles parked on the streets within the City of Middletown.
If the emergency is obvious, such as fire, unusually heavy snowfall
or other visible causes, which to a reasonably prudent person would
indicate the existence of an emergency, no additional notice shall
be required.
The emergency so declared shall be deemed to continue for a period of 72 hours unless terminated earlier by the Mayor of the City of Middletown or the person designated by him in accordance with § 460-71 hereof. Termination of the emergency may be declared as to one or more emergency streets prior to the seventy-two-hour period or the complete emergency terminated as aforesaid.
A.Â
It is ordered and directed that the following named
streets in the City of Middletown be and the same hereby are designated
as emergency streets and appropriate signs shall be posted on said
streets:
[Amended 9-11-1978 by L.L. No. 3-1978]
|
Name of Street
|
Limits
| |
|---|---|---|
|
Academy Avenue
|
From Dolson Avenue to East Main Street
| |
|
Benton Avenue
|
From Academy Avenue to Sprague Avenue
| |
|
Canal Street
|
From Fulton Street to West Main Street
| |
|
Dolson Avenue
|
From the City line to Academy Avenue
| |
|
East Main Street
|
From North Street to Woodlawn Avenue
| |
|
Grand Avenue
|
From Wisner Avenue to Myrtle Avenue
| |
|
Highland Avenue
|
From the City line to West Main Street
| |
|
Hill Street
|
From Jackson Avenue to Prospect Avenue
| |
|
John Street
|
From Wickham Avenue to North Street
| |
|
Monhagen Avenue
|
From Sweezy Avenue to West Main Street
| |
|
Myrtle Avenue
|
From Sprague Avenue to Prospect Avenue
| |
|
North Street
|
From West Main Street to the City line
| |
|
Prospect Avenue
|
From East Main Street to Hill Street
| |
|
Sprague Avenue
|
From Benton Avenue to Myrtle Avenue
| |
|
Wallkill Avenue
|
From West Main Street to Lake Avenue
| |
|
Wawayanda Avenue
|
From the City line to Fulton Street
| |
|
West Main Street
|
From North Street to the City line
| |
|
Wickham Avenue
|
From the City line to West Main Street
| |
|
Wisner Avenue
|
From Wickham Avenue to Grand Avenue
|
B.Â
Such other streets may be designated as emergency
streets by the Mayor of the City of Middletown as may, in his discretion,
be advisable or necessary to further carry out the provisions and
intent of this article.
A.Â
After the declaration of an emergency and the giving
of public notice as aforesaid, or during an emergency when no public
notice is required, it shall be unlawful for the owner or driver of
a motor vehicle to cause, permit, allow or suffer said vehicle to
be parked or to be left unattended on any emergency street during
the period of the emergency as aforesaid. Where the driver of such
vehicle cannot be located, the violation of this provision shall be
presumed to be that of the registered owner of the vehicle.
B.Â
No vehicular traffic, with the exception of emergency
vehicles, will be allowed on any emergency street during the period
of the emergency as aforesaid.
[Added 11-13-1978 by L.L. No. 5-1978]
The provisions of § 460-75 aforesaid shall not apply to physicians on emergency call, emergency vehicles, snow-control vehicles, public vehicles of service or ambulances on emergency call.
[Amended 9-11-1978 by L.L. No. 3-1978; 1-7-2008]
Any vehicle left unattended as set forth in § 460-75 herein or which shall be stalled or otherwise unable to be moved on any emergency street during an emergency may be towed or removed or caused to be removed under the direction of the Police Department. A charge for such removal shall consist of the amount of all the expenses actually and necessarily incurred in effecting such removal. Such charges shall not exceed those charges described in § 440-6A of Chapter 440, Towing, in addition to any charges for storage. Such storage charges shall be in conformity with § 440-7 of Chapter 440, Towing, and such amount shall be charged to the owner or person in charge of the vehicle upon payment to the Treasurer or the garage owner to which the vehicle has been moved for the full amount of expenses aforesaid.
[Amended 9-11-1978 by L.L. No. 3-1978]
Any vehicle left unattended as set forth in § 460-75 herein or which shall be stalled or otherwise unable to be moved on any street during a snow storm may be towed or removed or caused to be removed under the direction of the Commissioner of Public Works. A charge for such removal shall be at the discretion of the Commissioner of Public Works and shall consist of the expenses actually incurred in effecting said removal. Such charges shall not exceed charges described in § 440-6A of Chapter 440, Towing, in addition to any charges for storage. Such storage charges shall be in conformity with § 440-7 of Chapter 440, Towing, and such amount shall be charged to the owner or person in charge of such vehicle. Such vehicle shall be redeemed as set forth in § 460-77 above.
[Added 9-11-1978 by L.L. No. 3-1978]
Whenever the Mayor of the City of Middletown
or such other person designated by him deems the weather condition
to be such that it is interfering with the free flow of traffic, he
may and is hereby authorized to declare a snow alert.
[Added 9-11-1978 by L.L. No. 3-1978;
amended 11-17-2020]
The declaration of a snow alert as aforesaid
may be conveyed to the public by Nixle alert, official City social
media accounts, the City website, radio or newspaper announcement
by one local radio station or one daily newspaper published in the
City of Middletown.
[Added 9-11-1978 by L.L. No. 3-1978;
amended 11-17-2020]
[Added 9-11-1978 by L.L. No. 3-1978;
amended 11-17-2020]
The snow alert so declared shall be deemed to
continue until terminated by the Mayor by radio or newspaper announcement,
by Nixle alert, official City social media accounts, the City website,
one daily newspaper published in the City of Middletown or by one
local radio station. Partial termination of the snow alert may be
declared before the complete snow alert is terminated as aforesaid.
[Amended 9-11-1978 by L.L. No. 3-1978]
A violation of any of the provisions of this
article shall be punishable by a fine of not more than $25.
