[HISTORY: Adopted by the Town Board of the Town of Amherst 6-7-1982 by L.L. No.
4-1982. Amendments noted where applicable.]
In order to secure safety and protect persons and property from
fire, certain parking areas and access roads within the Town of Amherst,
outside the Village of Williamsville, shall be regulated as hereinafter
provided.
A.Â
Words used in the singular shall include the plural. Words used shall
imply their usual and customary meanings except as they are given
specific meanings herein.
B.Â
FIRE LANE
OWNER
PARKING AREA
PARK or PARKING
PERSON
SHOPPING CENTER
STAND or STANDING
As used in this chapter, the following terms shall have the meanings
indicated:
An area near or around the perimeter of a building or on an access road thereto within or on which parking and standing are prohibited and includes those designated by the Planning Board pursuant to Chapter 203, Zoning.
Includes, in addition to its usual and customary meaning,
a lessee, receiver, trustee or assignee or other person or entity
operating a hospital, shopping center, hotel or fire station.
An area of property near or contiguous to and provided with
premises having one or more buildings used as a means of access to
and egress from those buildings and for the parking of motor vehicles
of users, customers and patrons thereof and loading and stacking areas
in connection therewith.
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.
A natural person, firm, copartnership, association or corporation.
An area of private property totaling at least five acres
having one or more stores or business establishments and nearby or
contiguous parking area or areas and driving lanes.
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.
The owner or person in general charge of the operation and control
of an existing hospital, shopping center, hotel or fire station or
the Chief of the fire department for the area in which it is located
may submit a written request that it be made subject to regulation
hereunder. All requests shall include a plan for the implementation
of the rules and regulations proposed. Upon receipt of the request,
the Town Clerk shall refer it to the Planning Board. The Planning
Board may require the applicant, the owner or person in general charge
to submit additional information as it deems necessary. The Planning
Board may submit the proposal to other public agencies and shall submit
it to the owner or person in charge, where the request comes from
another source, for additional advice and recommendations.
Whenever a new hospital, shopping center, hotel or fire station
is constructed or an existing one is enlarged, the Planning Board
may make it subject to regulation under this chapter without request.
The Planning Board shall hold a public hearing to determine whether a hospital, shopping center, hotel or fire station or enlargement thereof shall be subject to regulation under this chapter. The hearing shall be advertised in the same manner as provided in Chapter 203, Zoning, for site plan review and may be a part of such review.
After the hearing, the Planning Board may establish one or more
fire lanes upon the access roads or parking areas for or premises
of a hospital, shopping center, hotel or fire station if it determines
that they are necessary to secure safety and protect persons and property
from fire. The Board shall direct the owner to erect signs and mark
pavement necessary to designate the fire lanes established. Fire lanes
shall not be located so as to eliminate existing parking spaces.
No person shall stand or park a vehicle in a fire lane.
Any vehicle removed and stored pursuant to the provisions of
this section shall be impounded until the owner or operator pays the
reasonable cost of removal and storage, which charge shall be in addition
to all other penalties under this chapter. Any vehicle may be removed
and stored at the order of the Police Department if it is:
A.Â
Parked in a fire lane at any time.
B.Â
Parked, abandoned or found unattended in the parking area or access
roads of any hospital, shopping center, hotel or fire station during
a snowstorm, flood, fire or other public emergency where it constitutes
an obstruction to traffic or is located where standing or parking
is prohibited.
The Planning Board may adopt rules and regulations as to number,
location and type of signs, devices and markings it deems necessary
to carry out the purposes of this chapter.
Any sign, device or marking on or of property required to comply
with or carry out an order, rule or regulation adopted pursuant to
this chapter shall be erected and maintained by the owner of the property
regulated. Failure to erect any such sign, device or marking within
the time established therefor by the Planning Board or thereafter
maintain it shall constitute a violation of this chapter.
Except as otherwise herein provided, this chapter shall be enforced
by the Town Police Department.
Each violation of § 144-10 of this chapter shall be an offense punishable by a term of imprisonment not exceeding 15 days or a fine of $150, or both. Each violation of § 144-7 of this chapter shall be an offense punishable by a term of imprisonment not exceeding five days or a fine of $50, or both.
If any section, clause or provision of this chapter or the application
thereof to any persons is adjudged invalid, the adjudication shall
not affect other sections, clauses or provisions or the application
thereof which can be sustained or given effect without the invalid
section, clause or provision or application, and to this end the various
sections, clauses or provisions of this chapter are declared to be
severable.
This chapter shall take effect immediately.
