A.
The provisions of this article shall apply except
when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or
traffic control device. The provisions of this article shall not apply
to drivers actually engaged in work upon a street closed to travel
or under construction or repair, or to officers when engaged in the
performance of public duties when the nature of the work of any of
these necessitates a departure from any part of this article. However,
these exemptions shall not protect the driver of any vehicle from
the consequences of a reckless disregard of the safety of others.
B.
The owner of any vehicle parked in violation of or
failing to comply with this article shall be prima facie responsible
for such violation or failure to comply.
C.
Whenever a person has been issued a notice of violation
for a parking violation, and has not responded in the manner described
in the notice, the Village shall give the owner a second notice of
violation by regular first class mail within 45 days of issuance of
the first notice of violation for a parking violation where the vehicle
is a vehicle registered in New York State, or within 45 days of the
receipt by the Village of the name and address of the owner of the
vehicle where the vehicle is a vehicle registered in any other state.
Such second notice shall include but not be limited to the following
information:
(1)
That the owner has a period of 30 days from issuance
of the second notice in which to respond to the notice of violation
for a parking violation.
(2)
That failure to respond to the notice of violation
for a parking violation may result in the suspension and nonrenewal
of the owner’s registration (effective after December 31, 2003).
(3)
That failure to respond to the notice of violation
for a parking violation shall subject the owner to additional penalties
as provided thereon or by this chapter.
(4)
That failure to respond to the notice of violation
for a parking violation shall subject the owner to a default judgment
as provided hereafter (effective after December 31, 2003).
(5)
That submission of a plea of guilty to the parking
violation makes the owner liable for payment of the stated fine and
additional penalties imposed pursuant to this chapter.
D.
Failure to respond to a notice of violation for a
parking violation within 30 days following the date of violation shall
result in liability commencing on the 31st day for the penalty provided in Article VI and indicated on the notice of violation for a parking violation. Where the Village has given a second notice, failure to respond to a notice of violation for a parking violation within 60 days shall result in liability commencing on the 61st day for the penalty provided in Article VI and indicated on the notice of violation for a parking violation. Where the Village has a given a second notice, failure to respond to a notice of violation for parking violation within 90 days shall result in liability commencing on the 91st day for the penalty provided in Article VI and indicated on the notice of violation for a parking violation. Notwithstanding the foregoing schedule, if an owner makes a plea or appears within 20 days after issuance of a second notice of violation provided above or prior to mailing of such notice, the penalty shall not exceed the penalty applicable to a violator who responds on or after the 31st day and before the 61st day following
the date of violation.
E.
Where the Village has given a second notice of violation for a parking violation as provided above, failure to respond to such notice within 90 days following the date of violation shall be deemed an admission of liability and shall subject the owner to a default judgment being entered thereon in an amount provided in Article VI and indicated on the notice. Such default may be reported to the Department of Motor Vehicles which may cause a suspension and nonrenewal of the owner’s registration pursuant to provisions of the New York State Vehicle and Traffic Law.
No person shall park a vehicle at any time upon any of the streets or parts thereof described in Schedule XV (§ 235-75), attached to and made a part of this chapter.
No person shall stop a vehicle upon any of the streets or parts of streets described in Schedule XVI (§ 235-76), attached to and made a part of this chapter.
No person shall stand a vehicle upon any of the streets or parts of streets described in Schedule XVII (§ 235-77), attached to and made a part of this chapter.
The areas or lanes described in Schedule XVIII (§ 235-78), attached to and made a part of this chapter, are hereby designated as fire lanes, and no vehicles shall stop, stand or park in such lanes.
No person shall park a vehicle between the hours specified in Schedule XIX (§ 235-79) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.
No person shall stop a vehicle during the times specified in Schedule XX (§ 235-80) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.
No person shall stand a vehicle during the times specified in Schedule XXI (§ 235-81) of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.
No person shall park a vehicle for longer than the time limit shown in Schedule XXII (§ 235-82) at any time between the hours listed in said schedule of any day, unless otherwise indicated, upon any of the streets or parts of streets described in said schedule, attached to and made a part of this chapter.
No person shall park a vehicle upon any of the streets or parts thereof described in Schedule XXIII (§ 235-83), attached to and made a part of this chapter, except at the angle designated. On all streets or portions thereof where angle parking is now or shall hereafter be authorized, all vehicles parked thereon shall be parked with the front thereof nearest the curb.
The locations described in Schedule XXIV (§ 235-84), attached to and made a part of this chapter, are hereby designated as loading zones. No person shall stop, stand or park a vehicle for any purpose, other than the loading or unloading of passengers or merchandise in a loading zone at any time, except as otherwise provided, for a period of time in excess of three minutes in duration.
The locations described in Schedule XXV (§ 235-85), attached to and made a part of this chapter, are hereby designated as taxi stands. No person shall park a vehicle other than a taxi at any such place.
The locations described in Schedule XXVI (§ 235-86), attached to and made a part of this chapter, are hereby designated as bus stops. No person shall park a vehicle other than a bus at any such place.
[Amended 11-18-2004; 2-9-2017]
A.
Parking lot restrictions. The following restrictions and regulations
apply to the following parking lots, except as otherwise provided
hereafter: Franklin Street, George Sullivan Park, Grand Central Avenue,
John Street, South Main Street, Village Hall, and Fire Department
North.
(1)
No person shall stop, stand or park a vehicle, or permit a vehicle
owned by him to be stopped, standing or parked, in said parking lots
across any line or marking designating a parking space or park a vehicle
in such a way that it shall not be wholly located within a parking
space as designated by said lines or markings.
(2)
No person shall stop, stand or park a vehicle, or permit a vehicle
owned by him to be stopped, standing, or parked, in said parking lots
except in a parking area designated as a parking space.
(3)
No person shall stop, stand, park or permit a vehicle owned by him
to be stopped, standing, or parked in the following parking lots for
longer than two hours per day during any twenty-hour period of time:
(4)
When official signs have been posted prohibiting, restricting or
limiting the stopping, standing or parking of vehicles in a parking
lot, no person shall stop, stand, or park any vehicle, or permit a
vehicle owned by him to be stopped, standing or parked, in violation
of the restrictions stated on such signs.
(5)
Notwithstanding the exceptions noted in § 235-45A(3), no person shall stop, stand or park a vehicle, or permit a vehicle owned by him to be stopped, standing or parked, in a parking lot for a continuous period of time of more than five days.
(6)
No person shall stop, stand, park or permit a vehicle owned by him
to be stopped, standing, or parked in the following parking lots between
2:00 a.m. and 6:00 a.m. Mondays through Saturdays:
(a)
All of the South Main Street Parking Lot, excluding the two
most southerly rows of parking spaces.
(b)
All of the Franklin Street Parking Lot.
(c)
All of the Grand Central Avenue Parking Lot, excluding those
18 parking spaces on the south end of said lot which are closest to
Broad Street.
(d)
All of the George Sullivan Park Parking Lot.
(e)
All of the Fire Department North Parking Lot.
B.
Handicapped parking spaces.
(1)
Handicapped parking spaces, as described herein, shall be established
and provided as follows. Such parking spaces are to be used either
by handicapped drivers displaying a special municipal parking permit
(as defined in Vehicle and Traffic Law § 1203-a and distributed
by the Commissioner of Motor Vehicles to local governing bodies) or
by motor vehicles registered in accordance with Vehicle and Traffic
Law § 404-a and being used for the transportation of a handicapped
person. The parking spaces designated pursuant to this subsection
shall be clearly identified for use by handicapped persons, which
designation shall include permanent installation of above-grade signs
which display the international symbol of access and may include the
use of blue painted lines or markings.
(2)
Location and number of handicapped parking spaces.
(a)
The South Main Street Parking Lot shall have three, two of which
shall be located at the northwest corner of said parking lot, and
one of which shall be located at the southwest corner of said parking
lot, and all shall be clearly designated as noted above.
(b)
The Franklin Street Parking Lot shall have one, which shall
be located at the northeast corner of said parking lot and shall be
clearly designated as noted above.
(c)
The Grand Central Avenue Parking Lot shall have one, which shall
be located at the northeast corner and shall be clearly designated
as noted above.
(d)
The Village Hall Parking Lot shall have one located at the northwest
corner of said parking lot and shall be clearly designated as noted
above.
C.
Village Hall Parking Lot. No person, other than an authorized person,
shall stop, stand or park a vehicle or permit a vehicle owned by him
to be stopped, standing, or parked, in the Village Hall Parking Lot
unless such person is there to conduct, and is conducting, official
business at the Village Hall with one of the officers, officials,
or employees of the Village of Horseheads. After such business is
concluded, the vehicle shall be promptly removed from said parking
lot.
No person shall stop, stand or park a vehicle or permit a vehicle owned by him or her to be stopped, standing or parked in any area designated as a place for handicapped parking unless the vehicle bears a permit issued under Vehicle and Traffic Law § 1203-a, or is honored in accordance with Vehicle and Traffic Law § 1203-d, or a registration issued under Vehicle and Traffic Law § 404-a, and such vehicle is used for the transportation of a severely disabled or handicapped person. Handicapped parking spaces are established and provided for in Schedule XXVII (§ 235-87) attached hereto and made a part of this chapter.
No person shall park, stand or stop a vehicle
in any of the following places:
A.
On a sidewalk.
B.
At a location which obstructs the entrance to any
municipal parking lot, private driveway or the entrance to any building
or garage, or which prevents passage over and upon any private driveway
or private vehicle entrance connecting private property with an abutting
street:
C.
Within an intersection.
D.
Within 10 feet of a fire hydrant.
E.
On a crosswalk.
F.
Within 20 feet of the driveway entrance to any fire
station and on the side of a street opposite the entrance to any fire
station within 75 feet of such entrance.
G.
Within a street in such a manner or under such circumstances
as will block the free movement of vehicular traffic.
H.
In front of any barricade or sign that has been placed
for the purpose of closing a street.
I.
Upon any street, highway, alley, or public place in
the Village for a continuous period longer than 48 hours.
J.
When signs are erected or posted giving such notice,
no person shall park any vehicle, either attended or unattended, upon
any street over which any scheduled procession or parade shall pass,
or where an event such as a block party is scheduled, notice of such
scheduled event having been given to the public by press release to
the media, advertisement or posting of notices of the general area
of the parade or event.
K.
At any place at any street posted with signs properly
designating work being performed by various Village Departments, including
but not limited to the construction, repair and cleaning of streets.
L.
In a space designated for the handicapped unless the
vehicle bears a special registration plate or permit.
No person shall stand or park a vehicle in a
street or part thereof other than parallel to the edge of the street,
headed in the direction of traffic, and with the curbside wheels of
the vehicle within 12 inches of the edge of the street or paved surface;
except that upon streets or municipal parking lots which have been
marked or signed for angled parking, vehicles shall be parked at the
angle to the curb indicated by such mark or signs with the front thereof
nearest the curb.
No person shall stand or park a vehicle on any
street, municipal parking lot or portion thereof for the principal
purpose of displaying it for sale, or washing, greasing, maintaining
or repairing such vehicle, including the elevation of such vehicle
on repair ramps or jacks, except repairs necessitated by an emergency
or to render the vehicle operable in order to remove it.
No person shall park a vehicle on any street,
or parts of streets, within the corporate limits of the Village alongside
any other vehicle which is parked parallel to the curb, except only
long enough to take on or discharge passengers or freight.
It shall be unlawful to park any vehicle in
any parking space that is marked to show the limits of such space
so that said vehicle is not entirely within the limits of said parking
space.
