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.
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]
The parking of vehicles is hereby prohibited on all highways and streets within the City during any period declared as a snow alert pursuant to §
460-79. Vehicles parked in violation of this section shall be subject to removal pursuant to the provisions of §§
460-77 and
460-78.
[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.