[Adopted 2-3-1992 as L. L. No. 1-1992]
The words "parking," "highway" and "vehicle" shall have the meanings
respectively ascribed to the terms "park or parking," "highway" and "motor
vehicles" in the Vehicle and Traffic Law of the State of New York.
The parking of any vehicle on any state highway, other than the New
York State Thruway, or on any county or town highway within the Town of Phelps,
including streets dedicated to the Town of Phelps within subdivisions, is
hereby prohibited between November 1 of any year and April 1 of the following
year.
Whenever any police officer or the Superintendent of Highways of the
Town of Phelps finds any vehicle parked in violation of the provisions of
this Article, such officer or superintendent is authorized to provide for
the removal of such vehicle to a garage or other place of safety.
If any illegally parked vehicle is removed to a garage, the owner or
other person lawfully entitled to the possession of such vehicle may be charged
for removal and storage.
Every person convicted of a traffic infraction for a violation of any
provision of this Article shall, for a first conviction thereof, be punished
by a fine of not more than $100 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 more
than $200 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 more
than $300 or by imprisonment for not more than 90 days, or by both such fine
and imprisonment.
This Article shall not be in effect within the limits of any portion
of the Village of Phelps or the Village of Clifton Springs.
This Article shall take effect upon the Town of Phelps' obtaining
an approval of the same, in writing, from the New York State Department of
Transportation as required by § 1684 of the Vehicle and Traffic
Law, and upon the posting of the signs as required by law.