[HISTORY: Adopted by the Town Board of the
Town of Ramapo 1-28-1987 by L.L. No. 4-1987. Amendments noted where
applicable.]
This chapter shall be known and may be cited
hereinafter as the "Vehicle and Traffic Law of the Town of Ramapo."
It is the aim of the Town Board of the Town of Ramapo to provide for
safety of motor vehicle operation on Town roads and highways and for
regulation, maintenance and management of vehicular safety in public
places with respect to movement of traffic, parking, ingress and egress
and vehicular safety in shopping centers and other places accessible
to the public in the unincorporated area of the Town of Ramapo. This
chapter shall not apply to individual residential lots.
It is the aim of the Town Board of the Town
of Ramapo to promote the public health, welfare and safety of its
residents by:
A.
Regulating the use and operation of motor vehicles
upon the streets, highways and public places accessory to or connected
with industrial, commercial, professional, educational or recreational
facilities and other services or facilities accessible to the public
in the unincorporated portions of the Town.
B.
Regulating the construction, reconstruction, management
and maintenance of open areas, avenues of access or parking spaces
for motor vehicles at the foregoing or similar uses and activities.
C.
Designating fire lanes or zones in shopping centers.
D.
Disposing of unattended and abandoned motor vehicles
in fire lanes or other public places or zones duly marked restricted
by the Police Department or on any other public road or public area
similarly restricted during periods of public emergency by a Town
of Ramapo agency in the interest of safety or during the winter season
where the same impedes or interferes with snow removal or safe motor
vehicle traffic.
A.
All words, terms and phrases herein relating to the
use and operation of motor vehicles shall be defined as set forth
in the Vehicle and Traffic Law of the State of New York, and, if no
specific definition is set forth therein, all words shall have their
usual meanings in the English language.
B.
FIRE ZONE
OWNER
PARKING, PARK OR PARKED
PERSON
PROPERTY
SIDEWALKS
STAND
STREET OR HIGHWAY
VEHICLE
As used in this chapter, the following terms shall
have the meanings indicated:
An unobstructed passageway marked or designated to permit
free ingress and egress of police and other emergency vehicles and
equipment from a public highway.
The registered owner of a vehicle found in violation of this
chapter shall be presumed to be the owner and shall be held prima
facie responsible for compliance with any requirement hereunder or
violation thereof.
[Amended 2-6-2012 by L.L.
No. 2-2012]
Stopping upon any public road or highway and leaving a motor
vehicle or motorcycle unattended by a person lawfully permitted to
operate it.
A person, firm, partnership, association, corporation, company
or organization of any kind.
Any real property within the Town which is not a street or
highway.
The portion of the street between the physically established
curblines and the designated property lines.
The stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
[Added 5-11-1994 by L.L. No. 1-1994]
The entire width between the boundary lines of every publicly
maintained way or road when any part thereof is open to the public
for use or vehicular travel.
An automobile, truck, trailer, motorcycle, all-terrain vehicle,
tractor, buggy and wagon or any other machine propelled by motive
power and designed to travel along the ground on wheels, treads, runners
or slides and to transport persons or property or pull machinery.
[Amended 2-6-2012 by L.L.
No. 2-2012]
No person shall operate his motor vehicle upon
any public highway, private road or other area open to motor vehicle
traffic within the unincorporated area of the Town of Ramapo at a
rate of speed in excess of 30 miles per hour, except that the rate
of speed on other roads, highways or areas accessible to public vehicular
travel in the unincorporated area of the Town of Ramapo shall not
be in excess of any other duly posted speed limit. This section shall
not apply to ambulances, fire vehicles or police vehicles when on
emergency trips, and they shall operate as required with due regard
to the emergency and due observance of safety in the circumstances,
nor shall this chapter apply to state highways maintained by the State
of New York.
A.
The following highways within the Town of Ramapo may
not be used for travel or operation by trucks, commercial vehicles,
tractors or tractor-trailer combinations:
[Amended 9-13-1989 by L.L. No. 13-1989; 1-9-1991 by L.L. No. 2-1991; 11-17-1993 by L.L. No. 7-1993]
(1)
Shuart Road from New Jersey state line to Smith Hill
Road.
(2)
Church Road from New Jersey state line to South Airmont
Road.
(3)
Cragmere Road from New Jersey state line to Campbell
Avenue.
(4)
Campbell Avenue from Route 59 to South Airmont Road.
(5)
Summit Park Road from Sanatorium Road to Pomona Road.
(6)
Mile Road for the full length thereof.
(7)
Mayer Drive for the full length thereof.
(8)
Montebello Road from Hemion Road to Route 202.
(9)
Park Place for the full length thereof.
(10)
Noe Avenue for the full length thereof.
(11)
Brookside Avenue for the full length thereof.
(12)
Hall Avenue for the full length thereof.
(13)
Reigate Place for the full length thereof.
(14)
Carlton Road from Spook Rock Road to College
Road.
B.
The following highways within the Town of Ramapo may
not be used for travel or operation by trucks, commercial vehicles,
tractors or tractor-trailer combinations if the weight of said vehicles
exceeds five tons:
[Added 9-13-1989 by L.L. No. 13-1989]
(1)
South Airmont Road from New Jersey state line to New
York State Route 59.
D.
Notwithstanding the foregoing, this section shall
not be construed to prevent the delivery to or pickup of merchandise
or other property with respect to dwellings situated along such highways,
nor shall any person be prevented from traveling on said highways
to and from his place of residence.
A.
All commercial buses for hire and other coach-type
buses for the carrying of passengers for hire are excluded from the
use for travel or operation of all streets and highways within the
Town of Ramapo and/or under the jurisdiction of the Town of Ramapo,
except for the following streets, roads and highways:
(1)
All county and state roads.
(2)
Maple Avenue, Monsey Boulevard.
(3)
Saddle River Road to Grove Street.
(4)
Carlton Road from Maple Avenue to Blauvelt Road.
(5)
Blauvelt Road from Carlton Road North to Route 306.
(6)
Suzanne Drive from Maple Avenue to Francis Place.
(7)
Francis Place between Suzanne Drive and Ida Road.
(8)
Ida Road between Francis Place and Rita Avenue.
(9)
Rita Avenue between Ida Road and Jill Lane.
(10)
Jill Lane between Rita Avenue and Kearsing Parkway.
(11)
Kearsing Parkway.
(12)
Miriam Drive from West Maple Avenue to Sophia
Lane.
(13)
Sophia Lane from Miriam Drive to Smolley Drive.
(14)
Smolley Drive from Sophia Lane to West Maple
Avenue.
(15)
Waverly Place from Carlton Road to Sutton Road.
(16)
Sutton Road from Waverly Place to Briarcliff
Drive.
(17)
Briarcliff Drive from Waverly Place to Carlton
Road.
(18)
Carlton Road from West Maple Avenue to College
Road.
(19)
Hilltop Place between Highview Avenue and Mountain
Avenue.
(20)
Mountain Avenue between Hilltop Place and West
Maple Avenue.
(21)
Ralph Boulevard between Route 306 and Jill Lane.
[Added 6-10-1987 by L.L. No. 12-1987]
B.
The following vehicles are specifically exempt from
the application of this section:
(1)
Buses carrying children for school, educational or
recreational purposes, provided that such buses use the excluded highways
for the purpose of picking up or discharging children at their respective
homes.
(2)
The following buses operated by or in the County of
Rockland: Transportation Resources Intra-County for Physically Handicapped,
Senior Citizens (TRIPS), Transport of Rockland (TOR) buses, the Spring
Valley Jitney and the Monsey Shopper.
[Amended 2-6-2012 by L.L.
No. 2-2012]
(3)
Buses utilized for the transportation of senior citizens
on organized tours, provided that such buses use the excluded highways
for the purpose of picking up or discharging senior citizens at senior
citizen complexes.
C.
Notwithstanding the foregoing, this section shall
not be construed to prevent the delivery or pickup of merchandise
or other property along the highways from which such vehicles are
otherwise excluded.
[Added 10-14-1998 by L.L. No. 10-1998]
A.
Except as expressly permitted by the United States
or the New York State Department of Transportation, and except where
the requirement for local delivery will permit no alternate legal
route, no person shall operate or move or cause or knowingly permit
to be operated or moved on any public street in the unincorporated
Town of Ramapo any vehicle or combination of vehicles of a size or
weight exceeding the limitations provided for this section.
B.
Width.
(1)
The width of a vehicle, inclusive of load, shall be
not more than 96 inches, plus safety devices, on any Town highway
in the unincorporated Town of Ramapo.
(2)
The provisions of Subsection B(1) of this section shall not apply to vehicles and implements or combinations thereof not over 13 feet in width, used solely for farm purposes, during the period from sunrise to sunset, provided that at least two red flags not smaller than 24 inches square are displayed on the left front and rear of each vehicle or implement or combination thereof in such manner as to be clearly visible from the front and rear for a distance of at least 500 feet.
C.
The height of a vehicle from the underside of tire
to the top of the vehicle, inclusive of load, shall be not more than
13 1/2 feet. Any damage to highways, bridges or highway structures
resulting from the use of a vehicle exceeding 13 feet in height where
such excess height is the proximate cause of the accident shall be
compensated for by the owner and operator of such vehicle.
D.
Length.
(1)
The length of a single vehicle, inclusive of load
and bumpers, shall not be more than 40 feet unless otherwise provided
in this subsection.
(2)
The length of a semitrailer or trailer shall not exceed
45 feet except as provided in this subsection; provided, however,
that the length of any trailer or semitrailer being operated in combination
with another trailer or semitrailer shall not exceed 28 1/2 feet.
(3)
The length of buses having a carrying capacity of
more than seven passengers shall not exceed 45 feet, except that the
length of articulated buses shall not exceed 62 feet.
(4)
The provisions of this subsection shall not apply
to fire vehicles.
(5)
Any semitrailer with a length not to exceed 48 feet
may be operated on any Town highway, provided that the total length
of a combination of vehicles, including such a semitrailer, does not
exceed 60 feet.
E.
Additional restriction on length; exceptions.
(1)
The total length of a combination of vehicles, inclusive
of load and bumpers, shall not be more than 60 feet.
(2)
The provisions of Subsection E(1) of this section shall not apply to:
(a)
Vehicles of a corporation which are subject
to the jurisdiction of the Interstate Commerce Commission, the Public
Service Commission or other regulatory body and which are used in
the construction, reconstruction, repair or maintenance of its property
or facilities, provided that any such vehicle complies with the safety
requirements of the laws and regulations of the United States and
of New York State pertaining to over-length vehicles;
(b)
Vehicles hauling poles, girders, columns or
other similar objects of excess length, provided that any such vehicle
complies with the safety requirements of the laws and regulations
of the United States and of New York State pertaining to such over-length
vehicles;
(c)
Fire vehicles;
(d)
Any vehicle or combination of vehicles which
is disabled and unable to proceed under its own power and is being
towed for a distance not in excess of 10 miles for the purpose of
repairs or removal from the highway; and
(e)
State and/or municipally owned vehicles engaged
in snowplowing, ice clearing or other emergency-type operations.
F.
In determining the number of wheels and axles on any
vehicle or combination of vehicles within the meaning of this section,
only two wheels shall be counted for each axle, and axles which are
less than 46 inches apart from center to center shall be counted as
one axle. However, in the case of multiple tires or multiple wheels,
the sum of the widths of all the tires on a wheel or combination of
wheels shall be taken in determining tire width.
G.
Subject to the provisions of the section of this chapter
governing maximum vehicle gross weights, the weight per inch width
of tire on any one wheel of a single vehicle or a combination of vehicles
equipped with pneumatic tires, when loaded, shall be not more than
800 pounds.
H.
Subject to the provisions of the section of this chapter
governing maximum vehicle gross weights, the weight on any one wheel
of a single vehicle or a combination of vehicles equipped with pneumatic
tires, when loaded, shall be not more than 11,200 pounds.
I.
Subject to the provisions of the section of this chapter
governing maximum vehicle gross weights, the weight on any one axle
of a single vehicle equipped with pneumatic tires, when loaded, shall
be not more than 22,400 pounds.
J.
Subject to the provisions of the section of this chapter governing maximum vehicle gross weights, the weight on any two consecutive axles of a single vehicle or a combination of vehicles equipped with pneumatic tires, when loaded, and when such axles are spaced less than eight feet from center to center, shall be not more than 36,000 pounds, except where axles are spaced eight feet or greater, but less than 10 feet, the weight on those two axles shall not exceed that permitted by Subsection K(2) of this section and, in addition, shall not exceed 40,000 pounds. Axles shall be counted as provided in Subsection F of this section.
K.
Subject to the provisions of the section of this chapter governing maximum vehicle gross weights, a single vehicle, or a combination of vehicles having three axles or more and equipped with pneumatic tires, when loaded, may have a total weight on all axles not to exceed 34,000 pounds, plus 1,000 pounds for each foot and major fraction of a foot of the distance from the center of the foremost axles to the center of the rearmost axles. Axles are to be counted as provided in Subsection F of this section. In no case, however, shall the total weight exceed 80,000 pounds. For any vehicles or combination of vehicles having a total gross weight less than 71,000 pounds, the higher of the following shall apply:
(1)
The total weight on all axles shall not exceed 34,000
pounds, plus 1,000 pounds for each foot and major fraction of a foot
of the distance from the center of the foremost axles to the center
of the rearmost axles; or
(2)
The overall gross weight on a group of two or more
consecutive axles shall not exceed the weight produced by application
of the following formula:
|
W = 500 [(L XN)/(N-1) + (12XN) + 36]
| |||
|
Where:
| |||
|
W
|
=
|
Overall gross weight on any group of two or
more consecutive axles to the nearest 500 pounds;
| |
|
L
|
=
|
Distance in feet from the center of the foremost
axle to the center of the rearmost axle of any group of two or more
consecutive axles; and
| |
|
N
|
=
|
The number of axles in the group under consideration,
except that two consecutive sets of tandem axles may carry a gross
load not to exceed 34,000 pounds, provided that the overall distance
between the first and last axles of such consecutive sets of tandem
axles is 36 feet or more.
| |
L.
No vehicle shall be operated on the public streets
of the Town of Ramapo other than on pneumatic tires.
M.
For the purpose of this section, the width of pneumatic
tires shall be ascertained by measuring the greatest width of the
tire casing when the tire is inflated.
N.
No person shall operate or move a vehicle or a combination
of vehicles over, on or through any bridge or structure on any highway
if the weight of such vehicle, or combination of vehicles, and load
is greater than the posted capacity of the structure or exceeds the
height of the posted clearance as shown by an official sign.
O.
If a vehicle or combination of vehicles is operated
in violation of this section, an appearance ticket or summons may
be issued to the registrant of the vehicle or, if a combination of
vehicles, to the registrant of the hauling vehicle, rather than the
operator. In the event that the vehicle is operated by a person other
than the registrant, any appearance ticket or summons issued to the
registrant shall be served upon the operator, who shall be deemed
the agent of the registrant only for the purpose of receiving such
appearance ticket or summons. In addition, a notice containing all
pertinent information relating to the charge which is contained on
the summons or appearance ticket shall be mailed by or on behalf of
the person who issued the appearance ticket or summons to the registrant
at the address given on the registration certificate for the vehicle
or, if no registration certificate is produced at the time the appearance
ticket or summons is issued, to the address of the registrant on file
with the Department of Motor Vehicles of said state within five days
after the date of issuance of the appearance ticket or summons, but
at least five days before the return date specified on the appearance
ticket or summons. Proof of mailing to the registrant under this section
shall be filed with the court in which the appearance ticket or summons
is returnable on or before the return date. The provisions of this
subsection shall not apply to owner-operators of any motor vehicle
or to any motor vehicle or trailer which is registered in the name
of a person whose principal business is the lease or rental of motor
vehicles or trailers unless the motor vehicle or trailer is being
operated by an employee of the registrant or for a community of interest
other than the lease or rental agreement between the parties to the
lease or rental agreement.
P.
In any case wherein the charge laid before the court
alleges a violation of this section, any plea of guilty thereafter
entered in satisfaction of such charge must include at least a plea
of guilty to a violation of one of the subsections of this section.
No other disposition by plea of guilty to any other charge in satisfaction
of such shall be authorized; provided, however, that if the prosecuting
attorney, upon reviewing the available evidence, determines that the
charge of a violation of this section is not warranted, he may consent,
and the court may allow, a disposition by plea of guilty to that or
another charge in satisfaction of such charge; provided, however,
that the court must impose at least the minimum fine as authorized
in this section for the offense.
Q.
Violations and penalties.
(1)
A violation of the provisions of this section shall be punishable by a fine of not less than $200 nor more than $500 or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for the first offense and by a fine of not less than $500 nor more than $1,000 or by imprisonment for not more than 60 days, or by both such fine and imprisonment, for the second or subsequent offense, in both cases plus the fine provided in Subsection Q(2) of this section.
(2)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations as set forth in any of these sections or the weight limitations specified by a permit issued by the United States or New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee in accordance with the following schedule [in addition to the fines as prescribed in Subsection Q(1) of this section]:
|
Excess Total Weight1
(pounds)
| |||
|---|---|---|---|
|
Greater Than
|
Less Than or
Equal to
|
Amount of Fine
| |
|
0
|
2,000
|
$50
| |
|
2,000
|
3,000
|
$75
| |
|
3,000
|
4,000
|
$100
| |
|
4,000
|
5,000
|
$200
| |
|
5,000
|
6,000
|
$300
| |
|
6,000
|
7,000
|
$400
| |
|
7,000
|
8,000
|
$500
| |
|
8,000
|
9,000
|
$600
| |
|
9,000
|
10,000
|
$700
| |
|
10,000
|
15,000
|
$1,200
| |
|
15,000
|
20,000
|
$1,700
| |
|
20,000
|
25,000
|
$2,200
| |
|
25,000
|
30,000
|
$2,700
| |
|
30,000
|
$2,700 plus 0.06/pound2
| ||
|
NOTES:
| |||
|---|---|---|---|
|
1Where the excess
total weight is greater than the limits specified by a United States
or New York State Department of Transportation excess weight permit,
the permit shall, for the purposes of computing the fine, be deemed
void, and the amount of fine shall be determined in accordance with
the maximum weight which would have been in effect for the operation
of such vehicle if the permit to exceed such maximum weight had not
been issued.
| |||
|
2The six-cent per
pound in addition to the $2,700 is for each pound greater than 30,000
pounds.
| |||
(3)
A violation of the provisions of this section by any vehicle or combination of vehicles whose weight exceeds the weight limitations specified by a permit issued by the United States or New York State Department of Transportation shall be punishable by fines levied on the registered owner of the vehicle or vehicles, whether at the time of the violation the vehicle was in the charge of the registered owner or his agent or lessee, in accordance with the following schedule in addition to the fines as prescribed in Subsection Q(1) of this section:
|
Percentage of Excess Weight
| |||
|---|---|---|---|
|
Greater Than1
|
Less Than or
Equal to
|
Amount of Fine
| |
|
0%
|
5.0%
|
$100
| |
|
5.0%
|
10.0%
|
$200
| |
|
10.0%
|
15.0%
|
$350
| |
|
15.0%
|
20.0%
|
$600
| |
|
20.0%
|
25.0%
|
$1,000
| |
|
25.0%
|
30.0%
|
$1,600
| |
|
30.0%
|
$2,450
| ||
|
NOTES:
| |||
|---|---|---|---|
|
1Where the excess
axle or axles' weight is greater than the limits specified by a permit
issued by the United States or New York State Department of Transportation,
the permit shall, for the purposes of computing the fine, be deemed
void, and the amount of the fine shall be determined in accordance
with the maximum weight which would have been in effect for the operation
of such vehicle if the permit to exceed such maximum weight had not
been issued.
| |||
(4)
In connection with the weighing of a vehicle or combination of vehicles, if it is found that there is a violation of Subsection K and also of Subsections I and J or both Subsections I and J of this section, there shall be a single fine imposed, and the maximum amount of such fine shall not exceed the highest fine that could be imposed under this section.
A.
Authority to regulate and control traffic in shopping
centers. The Town Board of the Town of Ramapo finds that the assembly
of increasing numbers of persons and motor vehicles at shopping centers
and other large commercial and public areas affects the safety of
its citizens and that the health, welfare and safety of the community
will be promoted by the promulgation of regulations with respect to
use of motor vehicles in such public areas. Accordingly, and pursuant
to the authority granted under § 1660-a of the Vehicle and
Traffic Law of the State of New York, the Town Board of the Town of
Ramapo does hereby authorize the Highway Department, upon the advice
of the Community Design Review Committee, to perform the following
functions, in the discharge of which the Highway Department may, as
required, request the assistance of the Police Department, which shall
cooperate and provide such necessary aid as may be indicated or required
in the circumstances:
(1)
Order stop signs, yield signs or flashing signals
erected at specified entrance locations to a parking area or designate
any intersection in the parking area as a stop intersection or as
a yield intersection and order like signs or signals at one or more
entrances to such intersection; and designate and mark any separate
roadway in the parking area for one-way traffic; and cause removal
of other obstruction and safety hazards in or on such premises; and
install or cause to be installed pavement markings, curbing, barriers
or other channelization devices or traffic control devices and facilities
at the expense of the owner of the premises and have the cost of same
assessed against the owner of record of said premises, said cost to
be levied by the office of the Assessor and collected in the manner
of any other tax or assessment imposed upon or levied against the
premises.
(2)
Regulate movement of traffic and standing of motor
vehicles to prevent obstruction in the parking area, including regulation
by means of traffic control signals.
(3)
Prohibit or regulate the turning of any vehicles at
intersections or other designated locations in the parking area.
(4)
Regulate the crossing of any roadway in the parking
area by pedestrians.
(5)
Prohibit, regulate, restrict or limit the stopping,
standing or parking of vehicles in specified areas of the parking
area.
B.
Illegally parked and abandoned vehicles.
(1)
In addition to the foregoing, the Police Department
of the Town of Ramapo is hereby authorized and directed to remove
and store:
(2)
The owner or operator of any such vehicle shall pay
the reasonable charges for the removal and storage of any motor vehicle
removed and stored under the foregoing provisions.
C.
Establishment and marking of fire zones. The Chief of the Bureau of Fire Prevention, in cooperation with the Chief of Police, and upon the advice of the Community Design Review Committee, is hereby authorized, pursuant to the authority granted under § 1660-a of the Vehicle and Traffic Law of the State of New York, to determine and establish appropriate fire lanes in all shopping centers. Thereupon, the Highway Department of the Town of Ramapo shall cause to be erected or installed adequate signs, markings and other devices to delineate said fire lanes. Signs, markings and other devices erected or installed on such privately owned premises shall be at the cost of the owner and may be billed for and collected in the same manner as hereinabove set forth in Subsection A.
D.
Taxicabs.
[Added 11-13-1991 by L.L. No. 14-1991]
(1)
No taxicab shall use an area designated for public
parking for the pickup or discharge of passengers or for the making
of repairs to said taxicab.
(2)
No taxicab shall use an area designated for public
parking as a waiting area for the pickup of passengers.
(3)
No taxicab shall stand, park or remain in any area
designated as a "Fire Zone" except when actually loading or discharging
passengers.
(4)
No taxicab shall be permitted to repeatedly drive
through a shopping center for the sole purpose of making itself available
for prospective passengers who have not requested pickup from said
taxicab.
(5)
The provisions of § 375, Subdivision 50,
of the New York State Vehicle and Traffic Law regarding equipment
requirements for taxicabs are not required.
[Added 5-25-2011 by L.L. No. 3-2011]
A.
Fire zones.
(1)
No motor vehicle shall stand, park or remain unattended
in an established fire zone or in an area designated as a no-parking
area, except when actually loading or unloading passengers, materials
or goods.
(2)
Whenever any motor vehicle is found parked or stopped in violation of this chapter, the Police Department of the Town of Ramapo and/or the enforcement official as designated in Chapter 376, Zoning, § 376-140 of the Code of the Town of Ramapo shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, and/or a traffic parking summons of the Ramapo Justice Court, for the violation of this section.
[Amended 6-10-1987 by L.L. No. 12-1987]
(3)
If there is no response in the Justice Court to the appearance ticket or traffic parking summons issued, the court shall issue a summons to the owner of the motor vehicle to which the appearance ticket or traffic parking summons was affixed and direct that the same be served upon said owner. In any prosecution charging a violation of § 267-9, proof that the vehicle was parked in violation of this section, together with proof that the defendant named in the summons issued by the court was, at the time of violation, the registered owner thereof, shall constitute a presumption that the registered owner of such vehicle was the person who parked or placed the vehicle at the point where and for the time during which such violation occurred.
[Amended 6-10-1987 by L.L. No. 12-1987]
B.
Other areas and time limitations. The Chief of Police
may declare certain areas, streets, roads and highways in the Town
restricted to parking of motor vehicles and may designate the length
of time for lawful parking in said areas, and he shall cause to be
erected and installed appropriate signs or markers, except that during
the winter season and during periods of snow removal, the Police Department,
in cooperation with the Highway Department, may further restrict such
streets and highways as may be necessary in the public safety, and
it shall give such notice thereof as may be practicable in the circumstances.
C.
Parking permit zones.
(1)
It shall be unlawful to park a motor vehicle in any
area designated by the Chief of Police as a parking permit zone, during
the hours of 6:00 a.m. to 7:00 p.m., Monday through Friday, unless
there is displayed on the left rear window a parking permit issued
hereunder by the Town Clerk of the Town of Ramapo, for which permit
only residents of the Town of Ramapo shall be eligible. The Chief
of Police shall cause to be erected adequate signs and markers delineating
such restrictions. Said signs shall be maintained by the Highway Department
of the Town of Ramapo.
[Amended 6-10-1987 by L.L. No. 12-1987]
(2)
Any resident of the Town of Ramapo desiring a parking
permit shall make application therefor to the Town Clerk of the Town
of Ramapo on forms to be provided for that purpose. Said application
shall contain the name and address of the applicant, together with
the description and license plate number of the motor vehicle for
which a parking permit is desired.
(3)
Permits issued hereunder are not transferable, and
a separate permit must be secured for each vehicle to be parked in
a parking permit zone.
(4)
Upon compliance with the foregoing requirements, the
Town Clerk shall issue a parking permit, which permit shall expire
on the first day of January next preceding issuance of said permit.
D.
Parking in designated spaces. It shall be unlawful
for any person to park a motor vehicle in any parking space at Ramapo
Town Hall which is designated for parking by a specific Town employee
or official, unless said person is the employee or official designated
to use said space, or has the permission of said employee or official
to park in said space.
[Added 3-8-1989 by L.L. No. 5-1989]
A.
Use of permit.
(1)
Any vehicle bearing a handicapped parking permit issued
pursuant to § 1203-a of the Vehicle and Traffic Law of the
State of New York is authorized to park in any area in the Town of
Ramapo designated for parking for the handicapped.
(2)
The Town Clerk shall keep a list of designated parking
areas in the Town of Ramapo, a copy of which can be obtained at the
Town Clerk's office.
B.
Establishment of spaces for parking for handicapped
persons. The Planning Board of the Town of Ramapo is hereinafter empowered
to require the inclusion of spaces for handicapped parking in any
site plan for the construction of shopping centers and all office
uses in the Town of Ramapo.
C.
Use of permit by unauthorized person. Any person to
whom a permit has not been issued and who shall use a permit issued
pursuant to Town Board Resolution No. 78-260 and this chapter for
any purpose other than parking a motor vehicle while transporting
a physically handicapped person shall be guilty of a traffic infraction
within the meaning of § 1800 of the Vehicle and Traffic
Law.
D.
Parking permit; limitations on use. A vehicle bearing
such parking permit for the handicapped shall be deemed in violation
of the applicable rules and regulations governing parking in the Town
of Ramapo when such vehicle shall be parked in a bus stop, a taxi
stand, within 15 feet of a fire hydrant, a fire zone, a fire lane,
a firehouse, a driveway or a crosswalk or is double parked.[1]
A.
Any motor vehicle found standing in an established
fire zone or violating other provisions of this chapter may, upon
the direction of a police officer, be towed to any public or private
parking facility, and the expense of such towing and subsequent storage
shall be borne by the registered owner of such vehicle.
B.
No motor vehicle shall remain or stand unattended
in any unrestricted public place or parking lot unless the engine
is stopped and the ignition is shut off and the ignition key removed
from the vehicle, with brake effectively set thereon; and, when standing
upon any grade, the front wheels shall be turned to the curb or side
of the highway or otherwise secured as required in the circumstances.
C.
Whenever any police officer shall find a motor vehicle standing unattended with the ignition key in the vehicle, in violation of this section, such police officer is authorized to remove such key from such vehicle and to deliver such key to the police officer in charge of Town police headquarters, and said vehicle may be dealt with or disposed of as set forth in § 267-13 herein or otherwise as may seem indicated in the circumstances.
D.
No vehicle shall be parked in front of any private
driveway or in front of or within 10 feet, measured along the curb,
of the entrance to any theater, auditorium, church or other public
building or any firehouse, except for such reasonable time as may
be necessary for taking on or discharging passengers or merchandise.
A.
The following acts are hereby prohibited:
[Amended 6-10-1987 by L.L. No. 12-1987; 2-6-2012 by L.L. No. 2-2012; 6-28-2023 by L.L. No. 6-2023]
(1)
The parking of unlicensed automobiles upon any part
of the public street.
(2)
Abandoning any vehicle within the Town or leaving
any vehicle at any place within the Town for such time and under such
circumstances as to give a reasonable appearance of abandonment.
(3)
Leaving any partially dismantled, nonoperating, wrecked
or junked vehicle on any street or highway within the Town.
(4)
Allowing any partially dismantled, nonoperating, wrecked,
junked or discarded vehicle to remain longer than 24 hours on the
property of any owner, tenant, occupant, lessee or other person in
charge or control thereof, and no person shall leave any such vehicle
on any property within the Town for a longer time than 24 hours.
(5)
Parking or standing of vehicles in restricted areas
at the time of hazard or emergency.
(6)
Parking on all public roads whenever snow is accumulating
on the roadway and if snowfall has been forecast. Upon the commencement
of snowfall, parking on all public roads is prohibited until snowfall
has ceased and the street is cleared of snow to the curb or edge of
pavement.
B.
Exceptions. This chapter shall not apply to any vehicle:
(1)
In an enclosed building;
(2)
Operated in a lawful place and manner on the premises
of a business enterprise when necessary to the operation of such business
enterprise; or
(3)
In an appropriate storage place or depository maintained
by the Town or any private person performing a similar function as
herein provided for.[1]
[1]
Editor's Note: Original § 383-11C,
Special vehicle identification permits, which immediately followed
this subsection, was repealed 6-10-1987 by L.L. No. 12-1987.
A.
The Chief of Police and/or the Superintendent of Highways,
as the circumstances may warrant, is hereby authorized to remove or
have removed any vehicle left at any place within the Town under circumstances
which reasonably indicate that such vehicle is in violation of this
chapter or lost, stolen or unclaimed or where it constitutes an obstruction
to traffic or is a hazard during a storm, flood, fire or other public
emergency duly declared by the Supervisor of the Town.
B.
Such vehicle shall be impounded by the Chief of Police,
Director of Public Works or the Superintendent of Highways, as the
case may be, and stored in the Town of Ramapo impound area or such
place as shall be authorized by the Supervisor. Vehicles may be reclaimed
and shall be subject to a mandatory towing charge and a per-day storage
charge as set for such services by the County of Rockland or the rate
set by the towing entity it its regular course of business, whichever
is less. If the vehicle is not reclaimed within 30 days from impounding,
the Town shall dispose of the vehicle impounded and deposit such funds
received, if any, to the credit of the general fund.[1]
[Amended 9-26-1990 by L.L. No. 4-1990; 2-6-2012 by L.L. No. 2-2012]
[1]
Editor's Note: Original § 383-12C,
which immediately followed this subsection and dealt with abandoned
vehicles impounded by the Town, was repealed 2-6-2012 by L.L. No.
2-2012.
C.
Storage and charges. After removal of any vehicles
as provided in this chapter, the Chief of Police, Director of Public
Works or Superintendent of Highways may store such vehicle on property
owned by the Town of Ramapo at the expense of the owner. Such owner
may redeem the same upon payment to the Town of the amount of all
towing expenses actually and necessarily incurred not to exceed $25,
together with storage charges not to exceed $15 per day for outdoor
storage and not to exceed $25 per day for inside storage.
[Amended 9-26-1990 by L.L. No. 4-1990; 2-6-2012 by L.L. No. 2-2012]
D.
Disposition of vehicle. The disposition of the impounded
vehicle shall be pursuant to the applicable provisions of the Vehicle
and Traffic Law of the State of New York.
[Amended 6-10-1987 by L.L. No. 12-1987; 2-6-2012 by L.L. No. 2-2012]
E.
When a vehicle is impounded by the Police Department
pursuant to its duties and the owner of said vehicle fails to claim
the vehicle within 14 days of notification by the Police Department
to the last known owner of the vehicle by certified mail that said
vehicle has been released for police purposes, the vehicle shall be
deemed abandoned pursuant to the provisions of § 1224 of
the Vehicle and Traffic Law governing abandoned vehicles.
[Added 2-6-2012 by L.L.
No. 2-2012]
F.
If an abandoned vehicle, at the time of abandonment,
has no number plates affixed and is of a wholesale value, taking into
consideration the condition of the vehicle, of $750 or less, title
shall immediately vest in the local authority having jurisdiction
thereof.
[Added 5-24-1989 by L.L. No. 10-1989]
This chapter is not in limitation of any other
law, rule, regulation or order which may affect any premises subject
to this chapter or any penalty, fine or liability thereunder but is
in addition thereto. An inconsistent local law, regulation, order
or certificate or part thereof in conflict with this chapter is hereby
repealed insofar as it may affect the enforcement of this chapter.
A.
Except as otherwise provided herein, any police officer
of the Town of Ramapo be and is hereby authorized and empowered to
issue or cause to be issued a summons returnable in the Justice Court
of the Town of Ramapo, or any other court of competent jurisdiction,
for any motor vehicle in violation of the traffic and safety provisions
of this chapter; and, likewise, the Building Inspector be and hereby
is authorized and empowered to issue such summons for any violation
involving the operation, maintenance and control of any premises.
B.
Specific violations.
[Amended 5-11-1988 by L.L. No. 6-1988]
(2)
Any violation of §§ 267-9A and 267-10 shall, for a first conviction thereof, be punished by a fine of not less than $75 nor more than $250 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not less than $100 nor more than $500 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 less than $500 nor more than $750 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
[Amended 5-11-1994 by L.L. No. 1-1994]
C.
In the case of a continuing violation of this chapter,
each day that such violation exists shall constitute a separate and
distinct violation.
[Added 8-24-1988 by L.L. No. 9-1988]
With respect to any summons issued for violation
of the above chapter:
A.
All summonses shall be subject to an additional penalty
of $10 if not answered by the return date on the summons.
B.
In addition, a further penalty of $10 shall be assessed
if said summons is not answered within 15 days after the return date
on said summons.
C.
In addition, a further penalty of $10 shall be assessed
if said summons is not answered within 30 days after the return date
of said summons.
