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.
[Adopted 12-9-1974 by L.L. No. 2-1974 (Ch. 31A of the 1971 Code)]
[Amended 10-1-2024]
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 non-winter weather-related events, such as 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 hereby is authorized to declare the existence of an emergency.
[Amended 10-1-2024]
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; by City Wide Emergency Alert System, official City social media accounts, and the City website. 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 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.
[1]
Editor's Note: Former § 460-74, Designation of emergency streets, amended 9-11-1978 by L.L. No. 3-1978, was repealed 10-1-2024.
A.
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.
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; amended 10-1-2024]
Whenever 2 1/2 inches has fallen or is reasonably anticipated, or whenever the Mayor of the City of Middletown or such other person designated by him/her, in the exercise of their discretion, deems the winter weather condition or anticipated condition to be such that it is or will be interfering with the free flow of traffic, he/she 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; 10-1-2024]
[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; 1-7-2025]
A violation of any of the provisions of this article shall be punishable by a fine of not more than $100.