[HISTORY: Adopted by the Town Board of the
Town of Rochester 12-6-1984 by L.L. No. 9-1984. Amendments noted where
applicable.]
The purpose of this chapter is to provide regulations
regarding parking on certain roads in the Town of Rochester, and further
providing for parking regulations for snow and other emergencies.
[Amended 1-3-2013 by L.L.
No. 1-2013]
A.Â
There shall be no parking on any Town road within the Town of Rochester
from 12:00 midnight through 6:00 a.m.
B.Â
Except when necessary to avoid conflicts with other traffic or in
compliance with direction of a police officer or traffic control device,
if any, there shall be no parking in the following locations within
the Town of Rochester, and such other locations as may be determined
by resolution of the Town Board of the Town of Rochester, at any time
unless specifically noted otherwise:
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
Cherrytown Road
|
Both
|
Property owned by Camp Rav Tov
|
|
Project 32 Road
|
Both
|
County Route 27 to terminus of Project 32 Road
|
|
Tow Path Road
[Added 10-4-2018 by L.L.
No. 5-2018] |
North (opposite side of Peterskill Creek)
|
301 Tow Path Road to 448 Tow Path Road
|
|
Tow Path Road
[Added 10-4-2018 by L.L.
No. 5-2018] |
South (Accord Fire Department access)
|
A.Â
Snow regulations. It is hereby found and declared
to be in the best interest and welfare of the general public to expedite
the removal of snow, reduce driving hazards and to ensure open roads
for the movement of emergency vehicles during snowstorms, flood, serious
fire and other extreme public emergency.
(1)Â
During the period between November 15 of each year
and April 15 of the following year, all parking is prohibited on every
road, street or highway in the Town of Rochester from 12:00 midnight
until 8:00 a.m.
(2)Â
Parking by local merchants or delivery trucks immediately
in front of a place of business within the town for temporary purposes,
such as loading and unloading, is excepted from the provisions herein
so long as such parking does not interfere with said snow removal
procedures.
B.Â
Declaration of emergency. The Supervisor of the town
may declare a state of emergency in cases of flood, serious fire or
other extreme public emergency whenever conditions resulting therefrom
create a dangerous driving condition within the town. During the existence
of such emergency, no vehicle shall be parked or abandoned upon that
portion of the road, street or highway within said town affected by
the conditions resulting from flood, serious fire or other extreme
public emergency.
C.Â
Removal of vehicles. Any vehicle parked or abandoned
in violation of the provisions of this section shall be deemed a nuisance
and a menace to the safe and proper regulation of traffic and may
be removed and impounded as hereinafter provided.
A.Â
Removal authorized. Any vehicle parked or abandoned
on any road, street or highway within said town during a snowstorm,
flood, fire or other public emergency; or found unattended on any
road, street or highway where said vehicle constitutes an obstruction
to traffic; or found unattended on any such road, street or highway
where stopping, standing or parking of vehicles is prohibited may
be removed by any Town of Rochester constable or by any employee or
agent of the town duly designated by the Supervisor or Town Clerk.
Such removal by the town shall be done without incurring any liability
for damages to the vehicle, provided that reasonable care has been
taken in its removal.
B.Â
Storage. After removal of any vehicle as provided
in this section, such vehicle may be stored at a place designated
by any constable or by the Supervisor or Town Clerk to be there held
until the owner or operator of such vehicle shall call for and remove
the same.
C.Â
Payment of charges. Prior to the removal from such storage, the owner
or operator of such vehicle shall pay to the tow truck owner or operator
the amount of all reasonable charges and expenses actually and necessarily
incurred in such removal from such road, street or highway. However,
if such vehicle is not claimed within 90 days of removal from such
road, street or highway, then the tow truck owner or operator may
present to the Town Clerk a statement of charges actually and necessarily
incurred in such removal from such road, street or highway, not to
exceed a sum to be determined, from time to time, by resolution of
the Town Board. The Town shall have the authority to undertake any
and all legal remedies against the vehicle owner and/or operator to
recover those charges. Any other charges incurred as a result of the
above action will be levied against the owner or operator of such
vehicle by the tow truck owner or operator, and the Town shall not
be responsible therefor.
[Amended 1-3-2013 by L.L.
No. 1-2013]
D.Â
Notice. The Town Clerk shall without delay report
to the Supervisor and the Town Board the removal and disposition of
any vehicle as provided in this section and also shall notify the
owner or operator of any such vehicle removed, if the name of such
owner or operator can be ascertained, of the removal and disposition
of any such vehicle and of the amount required to be paid before the
same shall be removed from storage.
Every person convicted of a traffic infraction
for a violation of any part of this chapter which is not a violation
of any part of the New York State Vehicle and Traffic Law shall be
punishable by a fine not to exceed $50. Any parking ticket or complaint
on such violation shall not require the verification thereof so long
as the person issuing the same affirms it under penalties of perjury.
