[Adopted 3-16-1988 by L.L. No. 1-1988]
The Board of Trustees of the Incorporated Village
of Roslyn Harbor has found and hereby determines that the operation
and parking of certain vehicles on streets, highways or the Village
right-of-way have created a hazardous condition for the residents
of the Incorporated Village of Roslyn Harbor and to motorists using
the thoroughfares within the Village. The operation of certain vehicles
and construction equipment damages Village streets and highways, causing
repairs to be borne by all Village residents. The parking of certain
vehicles for protracted periods of time also detracts from the aesthetic
quality of life in the Village which the Board of Trustees is bound
to protect.
As used in this article, the following terms
shall have the meanings indicated. Lack of a commercial license plate
or commercial registration shall not be conclusive proof that the
vehicle or dumpster is not a commercial vehicle or construction vehicle
as defined herein.
Any trailer, boat, tractor, truck, construction vehicle or
dumpster having a capacity of at least 10 cubic yards.
Includes heavy equipment and machinery, whether or not self-propelled,
such as, by way of illustration and not by way of limitation, caterpillar
or crawler-type equipment, road rollers, trailer cranes, power shovels,
road building machines, bulldozers, earthmovers and all vehicles,
equipment or machinery which moves on treads, tracks or metal wheels.
A.
No commercial vehicle, or any combination of the same,
shall stop, stand or park on any street or highway in the Village,
including any right-of-way area between the property line of the adjoining
premises and the paved portion of the road, without a permit which
has been obtained with the consent of the resident or occupant of
the premises adjoining the area where said vehicles will be stopped,
placed or parked; provided, however, that no permit shall be required
where such commercial vehicles are left on a Village street or the
Village right-of-way temporarily with the consent of the adjoining
property owner for one day, measured from sunrise to sunset, while
the operators thereof go to and from a dwelling adjoining the street
or highway. No commercial vehicles shall be permitted to park or stand
on the streets or highways within the Village or on the Village right-of-way
at any time between 6:00 p.m. Friday and 8:00 a.m. Monday nor in front
of or beside any premises for a period of time in excess of one day
without the written consent of said adjoining property owner or resident
of adjoining property. No permit shall be valid for more than 72 consecutive
hours. Nothing in this subsection shall prohibit the parking or placing
of any such vehicles in a driveway wholly within the property lines
of any residence in the Village with the consent of the owner.
B.
No commercial vehicle with metal treads, tracks or
wheels shall be operated on Village roads or rights-of-way in such
a manner so that the treads, tracks or wheels come into direct contact
with road or right-of-way surfaces. Planking, lumber or other similar
buffering material shall be placed between the metal treads, tracks
or wheels and the road or right-of-way surface. No construction vehicle
shall be operated or utilized in the Village unless the owner or operator
thereof shall have first posted a bond with the Village Clerk as provided
herein. Any damage to the streets, highways, bridges or to the Village
right-of-way resulting from the operation of a construction vehicle
or the parking or placing of commercial vehicles thereon shall be
repaired at the expense of the owner or operator thereof, or both
of them.
A.
In the event any person seeks to operate a construction
vehicle within the Village or to park or place a commercial vehicle
on the Village right-of-way or on a street or highway within the Village
for a period of time in excess of one day, such person shall obtain
the written consent of the resident or occupant of the premises upon
whose property the construction vehicles are to be used or whose property
adjoins the right-of-way, street or highway where the commercial vehicle
is proposed to be parked or placed and shall make application for
a permit to the Clerk of the Village and file a surety company bond
in an amount which shall equal 50% of the costs of any work to be
performed by the applicant, but in no event less than $5,000, to guarantee
that any damage to a street or highway or to the Village right-of-way
caused by the operation of a construction vehicle or the parking or
placing of a commercial vehicle shall be repaired at no expense to
the Village. The amount of the bond shall not limit the liability
of the applicant who shall be responsible for restoring all Village
property, and all property for which the Village may be liable, to
the same order and condition as prior to operation or parking of such
vehicles.
B.
The application for a permit shall contain at least
the following information and such other information as may be required
by the Village Clerk:
(1)
The name and address of the applicant.
(2)
A description of the commercial vehicle, including,
where applicable, a license plate number.
(3)
The name of the occupant or owner of the premises
upon whose property the construction vehicle is to be used or whose
property adjoins the street, highway or right-of-way where the commercial
vehicle is proposed to be parked together with a consent signed by
said owner.
(4)
The dates during which the construction vehicles are
to be operated and/or the dates and times between which the commercial
vehicle is proposed to be parked, not exceeding 72 hours.
(5)
The name and address of the owner and operator of
the commercial vehicle.
C.
The Village Clerk shall have the authority to renew each permit so issued once for a period of time not to exceed 72 hours upon payment of a renewal fee as provided in Chapter 125, Fees and Deposits; provided, however, that no such renewal shall permit parking or placing of a commercial vehicle from 6:00 p.m. Friday through 8:00 a.m. Monday of any week.
D.
Any permit issued in accordance with the procedure
contained herein shall be prominently displayed on the commercial
vehicle for which it is banned.
E.
Within five days after receipt of an application therefor,
the Village Clerk shall return any bond posted herein provided that
no damage has been incurred by the Village, the commercial vehicles
have been removed from the site of operations and no provisions of
this article or any other federal, state, or local law, rule or regulation
have been violated.
Any occupant or owner of real property within the Village who parks or permits the operation of a construction vehicle on his property or the parking of a commercial vehicle on a street, highway or right-of-way of the Village, and the owner of any such commercial vehicle, shall be guilty of a violation and shall be subject to a fine as provided in Chapter 1, Article I of this Code. Each violation of this article shall be deemed a continuing violation and each day that the commercial vehicle remains parked or in operation without a permit or in excess of the time permitted by such permit shall be deemed a separate violation.
