As used in this chapter, the following terms
shall have the meanings ascribed to them:
CROSSWALK
That part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite
sides of the highway between the curbs or, in the absence of curbs,
between the edges of the traversable roadway. Such crosswalk may or
may not be distinctly indicated for pedestrian crossing by lines or
other markings on the surface.
CURB
A vertical or sloping member along the edge of a roadway
clearly defining the pavement edge.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from
lands or buildings abutting a highway.
HIGHWAY
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
INTERSECTION
A.
The area embraced within the prolongation or
connection of the lateral curblines or, if none, the lateral boundary
lines of the roadways of two highways which join one another at, or
approximately at, right angles or the area within which vehicles traveling
upon different highways joining at any other angle may come in conflict.
B.
Where a highway includes two roadways 30 feet
or more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a separate
intersection.
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except electrically
driven mobility assistance devices operated or driven by a person
with a disability and vehicles which run only upon rails or tracks.
PARKING LOT
Any area or areas of public or private property near or contiguous
to and provided in connection with premises having one or more stores
or business establishments and used by the public as a means of access
to and egress from such stores and business establishments and for
the parking of motor vehicles of customers and patrons of such stores
and business establishments.
PARK OR PARKING
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
PUBLIC HIGHWAY
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
RIGHT-OF-WAY
The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the other.
ROADWAY
That portion of a highway improved, designed, marked or ordinarily
used for vehicular travel, exclusive of the shoulder and slope.
SHOULDER
That improved portion of a highway contiguous with the roadway.
SIDEWALK
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines intended for the
use of pedestrians.
SLOPE
That portion of a highway exclusive of the roadway and shoulder.
STAND OR STANDING
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.
STOP
Complete cessation from movement.
STREET
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
TRACTOR-TRAILER
A combination trucking unit consisting of a tractor, whether
or not hooked up to a full trailer or semitrailer, and including but
not limited to a cab, bobtail, motor truck, rig, semi, trucking rig,
lorry, motor truck, semitrailer and/or tandem trailer, and/or any
other three-axled vehicle.
[Added 9-19-2006 by L.L. No. 5-2006]
TRAFFIC
Pedestrians, vehicles, bicycles and other conveyances, either
singly or together, while using any highway for purposes of travel.
TRAFFIC CONTROL DEVICE
All signs, signals, markings and devices placed or erected
by authority of a public body or official having jurisdiction for
the purpose of regulating, warning or guiding traffic.
TRAFFIC CONTROL SIGNAL
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and permitted
to proceed.
U-TURN
Any turn executed so as to proceed in the opposite direction.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
[Amended 6-6-2006 by L.L. No. 2-2006]
No person shall, while operating a motor vehicle
on a public highway:
A. Drive in excess of the posted speed limit, as designated
by official signs. The speed limit on all Village streets in the Village
of Phoenix is 30 miles per hour, except for:
(1) A limit of 25 miles per hour on the section of State
Street between Culvert Street and Chestnut Street; and
(2) Reduced speed zones as may be designated by official
signs and adopted by resolution of the Village Board of Trustees from
time to time.
No motor vehicle shall be operated or parked
on public highways or parking lots unless a current and valid certificate
of inspection, as required by the New York State Vehicle and Traffic
Law, is displayed.
No person shall operate or drive any motor vehicle
upon any roadway or parking lot unless he or she is duly licensed
pursuant to the provisions of the New York State Vehicle and Traffic
Law.
The driver of a motor vehicle shall not follow
another vehicle more closely than is reasonable or prudent, having
due regard for the speed of such vehicles and the traffic upon and
the condition of the roadway.
It is unlawful, and unless otherwise declared
in this chapter with respect to particular offenses, it is a traffic
infraction for any person to do any act forbidden or to fail to perform
any act required in this chapter.
[Amended 2-16-1999 by L.L. No. 1-1999; 9-8-2005 by L.L. No.
3-2005; 2-4-2020 by L.L. No. 1-2020]
A. Offenses involving the provisions of this chapter except §
190-2 are punishable as provided in § 1800 of the Vehicle and Traffic Law.
B. Offenses involving the provisions of §
190-2 of this chapter shall be parking violations, with the following fines to be assessed for each occurrence:
[Amended 1-16-2024 by L.L. No. 2-2024]
Violation
|
Fine Range
|
---|
No parking, sidewalk
|
$0 to $100
|
No parking (official sign)
|
$0 to $100
|
Parked blocking public or public driveway
|
$0 to $100
|
Facing opposite direction
|
$0 to $100
|
Impeding or obstructing flow
|
$0 to $100
|
Handicapped parking
|
$0 to $100
|
No parking on public street (November 1 through April 1, 12:00
midnight to 7:00 a.m.)
|
$0 to $100
|
Parked within 20 feet of a crosswalk
|
$0 to $100
|
Parked outside of a marked parking space
|
$0 to $100
|
All other parking offenses
|
$0 to $100
|
C. Failure to pay any fine assessed under §§
190-2 and
190-16 of this chapter within 30 days of imposition by the court shall result in an increase in all such fines equal to two times the original fine amount.
D. Failure to pay any fines assessed under §§
190-2 and
190-16 of this chapter may result in immobilization of a vehicle as follows:
(1) Should
a vehicle have three or more delinquent parking violation tickets
issued by the Village of Phoenix Police Department and said vehicle
is located on a Village street or roadway, a boot may be attached,
immobilizing said vehicle until such time as all delinquent parking
violation tickets are paid, along with an administration fee of $50
to cover the cost of booting and removing boot.
(2) It
shall be a violation to tamper with or attempt to remove said boot.
Any person who tampers with or attempts to remove a boot shall be
subject to a fine not exceeding $250. Upon proof of payment of all
delinquent parking violation tickets and the administrative fee, the
boot shall be removed from said vehicle.
(3) Any
police officer who locates a vehicle parking or standing within the
Village of Phoenix public street or roadway known to have three or
more delinquent Village of Phoenix violation tickets may attach a
boot to the vehicle's wheel.
(a) Said officer shall attach a notice to the windshield of said vehicle
which states: "This vehicle has been immobilized by the Village of
Phoenix for delinquent parking violations tickets. Do not attempt
to remove or tamper with the boot. This may cause damage to the boot
and/or the vehicle. Tampering with the boot is an offense punishable
by a maximum fine of $250. To have the boot removed, contact the Village
of Phoenix Police Department and pay all delinquent parking violation
tickets and an administrative fee of $50."
(b) After all delinquent parking violation tickets and the administrative
fee have been paid, an officer of the Village of Phoenix Police Department
shall remove the boot from the vehicle.
Notwithstanding any inconsistent provision in
of this chapter to the contrary, pursuant to New York State Village
Law § 20-2002, entitled "Traffic orders, rules and regulations,"
and the New York State Vehicle and Traffic Law § 1603, entitled
"Delegation of powers," the Board of Trustees of the Village of Phoenix
does hereby delegate to the Chief of Police, or to his or her designee,
any powers granted to the Village by the New York State Vehicle and
Traffic Law in Article 39, entitled "Regulation of Traffic by Cities
and Villages," reserving, however, to the Board of Trustees the right
to review, modify, change and/or repeal any such orders, rules or
regulations of the Chief of Police and/or his or her designee.
[Added 2-16-1999 by L.L. No. 1-1999]
It is unlawful and, unless otherwise declared
in this chapter with respect to particular offenses, it is a traffic
infraction for any person to do any act forbidden or fail to perform
any act required in this chapter.
[Added 11-17-1999 by L.L. No. 6-1999]
A. It is hereby found and determined to be in the best
interest of the health, safety and welfare of the residents of the
Village that the number of the street address of a house or building
of any kind be clearly contrasting in color to the house or building
so as to be clearly visible from the street for location of same by
the Police and Fire Departments of the Village.
B. Every house or building of any kind that has a street
number address shall display said number, being a minimum of three
inches high for each digit, clearly contrasting in color to the house
or building and clearly visible from the street or road by a person
with average eye vision of 20/20.
[Added 11-7-2023 by L.L. No. 3-2023]
A. When traffic
control signals are not in place or not in operation, the driver of
a vehicle shall yield the right-of-way, slowing down or stopping if
need be to so yield, to a pedestrian crossing the roadway within a
crosswalk on the roadway upon which the vehicle is traveling, except
that any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overpass has been provided shall yield the right-of-way
to all vehicles.
B. No pedestrian
shall suddenly leave a curb or other place of safety and walk or run
into the path of a vehicle which is so close that it is impractical
for the driver to yield.
C. Whenever
any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk
at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake
and pass such stopped vehicle.