City of North Tonawanda, NY Parking on Premises or Property Other than Street

No person shall park, stand, store or leave a motor vehicle upon any publicly or privately owned premises or property, parking areas or parking lots, without the consent and permission of the owner or leasee of such premises.

Signs.

(1)

To effectuate the prohibition of such premises as above described, a conspicuous sign or signs shall be posted in such parking lot or parking area informing the public as to the permitted conditions of parking thereon. A sign as hereinafter described shall substantially conform to the following specifications:

PARKING RESTRICTED (Six inches)

EXCEPT FOR (List Persons or Conditions Permitted)

ONLY (Four inches)

ALL OTHERS KEEP OUT (Six inches)

UNDER PENALTY OF LAW — CITY ORDINANCE, § 96-63 (Two inches)

POLICE ENFORCEMENT (Two inches)

(2)

Such sign or signs shall be at least three feet high by four feet wide, with red lettering of a size not less than above indicated upon a white background. The bottom of such sign or signs shall be not less than five feet nor more than seven feet above grade. The words "Police Enforcement" and "Under Penalty of Law" on such signs shall be construed, among other things, to mean a request by the owner or leasee that the police or special patrolmen shall enforce the provisions of this section against persons parking, standing, storing or leaving vehicles on such premises without the consent of the owner or leasee and that the police are authorized to enter upon such premises to enforce the provisions of this ordinance. Such sign or signs shall state the conditions of parking or the persons authorized by the owner or leasee to use said premises for parking, or both; and persons not included within such authorization or violating the regulations and conditions set out on said signs shall be deemed to be using said premises unlawfully without the authority and consent of the owner or leasee.

This section may be enforced by the police or special patrolmen in the same manner as provided for the enforcement of traffic or parking ordinances, including the use of a notice of violation (summons), tags, towing and any other procedure authorized by law.

Proof of ownership of a vehicle shall be presumptive evidence in an action for enforcement of this section that the owner parked or caused his vehicle to be parked on such premises.

If such premises adjoin or abut upon a building or structure whose entrances or exits open upon such parking area, no vehicle shall be left parked, standing or placed in such a manner as to obstruct such entrances or exits, and a clear unobstructed passage shall be maintained and left open from such entrances or exits, to the street or public right-of-way; such passageway shall be equal in width to the width of said entrances or exits in each instance, but in no case shall it be less than five feet wide, and shall permit persons to enter and leave such building or structure with safety. A sign attached to such building or structure at the place of such entrances or exits shall inform users of such parking areas as to such restrictions, and failure to obey the regulations herein contained shall be deemed a violation of this section.

In order to allow regulation of parking by the police, any owner or leasee requesting enforcement of this ordinance shall furnish to the police an authorization, in writing, signed by him or his agent, to the effect that a specific vehicle was unlawfully parked, stored or left upon his premises at a certain time or during a certain period without his consent or permission, and such owner or leasee who authorized the police to either tag and/or tow the specific vehicle shall be available to testify to such fact in court at the request of the police. Furthermore, any owner or leasee requesting enforcement of this ordinance shall agree to hold harmless, defend and indemnify the City of North Tonawanda, its agents, assigns and employees, as well as the Police Department, from any and all claims, regardless of the nature of said claims and regardless of the identity of said claimants, which may arise as a result of the owner or leasee's authorization to the police to tag and/or tow a specific vehicle.

Failure of an owner or leasee to comply with the request of the police as above set out shall be sufficient cause for the Chief of Police or his subordinates to cease enforcing this ordinance at the premises of such owner or leasee who fails to give the cooperation required herein.

Signs on premises.

(1)

Where an owner of premises desires to prohibit completely parking thereon, he may notify the public to that effect by a conspicuous sign or signs placed on said premises stating in substance:

NO PARKING

UNDER PENALTY OF LAW

CITY ORDINANCE, § 96-63

POLICE ENFORCEMENT

(2)

Such sign shall be not less than two feet in height by three feet in width with red lettering not less than four inches high upon white background. The bottom of such sign or signs shall be not less than five feet and no more than seven feet above grade. Any person who parks his vehicle on such posted premises shall be deemed in violation of this section.

A violation of this ordinance shall constitute a traffic infraction and shall be punishable by a fine of not more than $100.

The provisions hereof shall be considered separable, and if any portion hereof is declared invalid, such declaration or invalidity shall not affect any other portion.

This ordinance shall become effective on the day after publication in the official newspaper of the City of North Tonawanda.