A.
The Department of Public Safety is hereby designated as the enforcement agency of the Town of Huntington to enforce the provisions of this Code pertaining to parking.
[Amended 1-27-1987 by 87-TC-5; 10-30-2001 by L.L. No. 16-2001]
B.
The Director of the Department of Public Safety shall be authorized to prescribe the form of ticket and complaint in all cases involving a violation of any provision of this Code as it pertains to parking.
[Amended 1-27-1987 by 87-TC-5; 10-30-2001 by L.L. No. 16-2001]
C.
The Director of Public Safety shall have the power from time to time to adopt such rules and regulations as may be necessary to accomplish the purposes and enforce the provisions of this Code pertaining to parking.
[Amended 1-27-1987 by 87-TC-5; 10-30-2001 by L.L. No. 16-2001; 11-15-2012 by L.L. No. 18-2012]
D.
To facilitate the enforcement of the provisions of this Code pertaining to parking, staff members of the Department of Public Safety may be deputized pursuant to the law. The Enforcement Officer so deputized may issue traffic tickets and complaints when any violation of this Code pertaining to parking is committed.
[Amended 1-27-1987 by 87-TC-5; 10-30-2001 by L.L. No. 16-2001; 11-15-2012 by L.L. No. 18-2012]
E.
The provisions of this section shall not be construed so as to prohibit the enforcement of parking restrictions by Town or county police officers, and any Town or county police officer or any other duly authorized law enforcement officer shall have the authority, as provided by law, to enforce the provisions of this Code pertaining to parking, including provisions applying to parking fields, by the issuance of traffic tickets and complaints or by any other appropriate and lawful means.
F.
Parking rate adjustments. The Director of Public Safety shall review multi-space parking pay station system reports and submit his or her recommendations as to metered parking rate adjustments to the Town Board on a quarterly basis.
[Added 3-4-2014 by L.L. No. 8-2014]
[Added 9-14-2004 by L.L. No. 25-2004;[1] amended 9-26-2006 by L.L. No. 24-2006; 2-6-2007 by L.L. No. 6-2007; 1-8-2008 by L.L. No. 2-2008; 11-5-2008 by L.L. No. 40-2008; 9-22-2009 by L.L. No. 15-2009; 11-15-2012 by L.L. No. 18-2012; 9-7-2013 by L.L. No. 22-2013; 3-4-2014 by L.L. No. 8-2014; 11-6-2014 by L.L. No. 38-2014; 4-5-2016 by L.L. No. 16-2016; 4-16-2019 by L.L. No. 20-2019; 7-9-2024 by L.L. No. 29-2024; 1-7-2025 by L.L. No. 1-2025]
Any person or business entity who commits any acts in violation of any provision of the Uniform Traffic Code shall be deemed to have committed an offense against this Code and shall be liable for such violation and the penalty therefor and shall, upon conviction thereof, be subject to a fine or penalty or imprisonment as follows:
Violation | Description of Violation | Fine | Day 31 | Day 61 | Day 91 |
|---|---|---|---|---|---|
TC2-11 | Parking or Driving Off Pavement in Town Park | 250 | 500 | 1000 | 1000 |
TC3-13(A) | **Handicap Parking on Street | 230 | 430 | 630 | 630 |
TC3-13(B) | **Handicap Parking Transfer Area | 230 | 430 | 630 | 630 |
TC3-2 | Manner of Parking | 100 | 200 | 300 | 300 |
TC3-3(A)1 | No Parking | 100 | 200 | 300 | 300 |
TC3-3(A)10 | No Parking "Taxi Stands" | 100 | 200 | 300 | 300 |
TC3-3(A)2 | Limited Parking | 100 | 200 | 300 | 300 |
TC3-3(A)3 | No Parking (Seasonal) | 100 | 200 | 300 | 300 |
TC3-3(A)4 | Metered parking prohibited during the hours indicate in 3-7 | 100 | 200 | 300 | 300 |
TC3-3(A)5 | Parking in "angle parking," only at the angle designated | 100 | 200 | 300 | 300 |
TC3-3(A)6 | No Standing | 100 | 200 | 300 | 300 |
TC3-3(A)7 | No Stopping | 100 | 200 | 300 | 300 |
TC3-3(A)8 | No Parking "Bus Stops" | 100 | 200 | 300 | 300 |
TC3-3(A)9 | No Parking "Loading Zones" | 100 | 200 | 300 | 300 |
TC3-3(B) | Parking/Standing/Stopping Within 15' of Fire Hydrant | 200 | 400 | 600 | 600 |
TC3-3(C) | Double Parking | 200 | 400 | 600 | 600 |
TC3-3(D) | Parking/Standing/Stopping in Intersection | 100 | 200 | 300 | 300 |
TC3-3(E) | Parking/Standing/Stopping - Obstructing Driveway or Alleys | 100 | 200 | 300 | 300 |
TC3-3(F) | Parking/Standing/Idling on Sidewalk/Median/Island | 50 | 100 | 150 | 150 |
TC3-3(G) | Parking Without Resident Beach Permit | 100 | 200 | 300 | 300 |
TC3-6(A) | Meter Violation | 25 | 50 | 75 | 75 |
TC3-6(C) | Overtime Parking at Meter | 50 | 100 | 150 | 150 |
TC3-7 | O-T Parking/On-street Meters & Designated Spaces in Sched P | 50 | 100 | 150 | 150 |
TC3-14 | Unregistered/Expired Registration | 75 | 150 | 225 | 225 |
TC3-15 | Expired Inspection | 75 | 150 | 225 | 225 |
TC4-1(A)1 | Manner of Parking, Standing or Stopping - Schedule K | 100 | 200 | 300 | 300 |
TC4-1(A)2 | Fire Zone - Schedule K | 200 | 400 | 600 | 600 |
TC4-1(A)3 | **Handicap Parking - Schedule K | 230 | 430 | 630 | 630 |
TC4-1(A)4 | **Handicap Transfer Area - Schedule K | 230 | 430 | 630 | 630 |
TC4-1(B) | Parking/Standing/Stopping Fire Station-Unauthorized Vehicle | 200 | 400 | 600 | 600 |
TC4-1(C) | Schedule K - Parked Not In Accordance With Official Signs/Markings | 100 | 200 | 300 | 300 |
TC4-12 | Commuter Permit Placement/Obstruction/Removal | 100 | 200 | 300 | 300 |
TC4-13 | Commuter Permit - Non-transferable | 100 | 200 | 300 | 300 |
TC4-14 | Commuter Permit Tampering | 100 | 200 | 300 | 300 |
TC4-15 | Commuter Permit Assignment Prohibited | 100 | 200 | 300 | 300 |
TC4-16(A) | Parking, Standing or stopping a PEV or PHEV in a designated charging station while not charging the vehicle | 100 | 200 | 300 | 300 |
TC4-16(B) | Parking, Standing or stopping a non PEV or PHEV vehicle in a designated station | 100 | 200 | 300 | 300 |
TC4-2(A) | **Handicap Parking - 5+ Retail Stores/20+ Parking | 230 | 430 | 630 | 630 |
TC4-2(B) | **Handicap Transfer Area - 5+ Retail Stores/20+ Parking Spaces | 230 | 430 | 630 | 630 |
TC4-3(B) | Parking Without Commuter Permit | 100 | 200 | 300 | 300 |
TC4-3(C) | Parking Without Marina Permit | 100 | 200 | 300 | 300 |
TC4-3(E) | Twelve-hour LIRR Parking Violation | 100 | 200 | 300 | 300 |
TC4-3(F)1 | Parking Outside Marked Stall | 100 | 200 | 300 | 300 |
TC4-3(F)2 | Overtime Parking Off-Street | 50 | 100 | 150 | 150 |
TC4-3(F)3 | **Handicap - Schedule L | 230 | 430 | 630 | 630 |
TC4-3(F)4 | **Handicap Transfer Area - Schedule L | 230 | 430 | 630 | 630 |
TC4-3(F)5 | Fire Zone - Schedule L | 200 | 400 | 600 | 600 |
TC4-3(F)6 | No Parking, Standing or Stopping - Electric Plug-in Vehicles | 200 | 400 | 600 | 600 |
TC4-3(F)7 | Senior Parking Only - Town Resident ID Card Required | 100 | 200 | 300 | 300 |
TC4-3(F)8 | Head-In Parking | 100 | 200 | 300 | 300 |
TC4-16 | Alteration of License Plates | 75 | 150 | 225 | 225 |
TC5-1(A) | No trucks, commercial vehicles, TT's in excess of 5-ton GVM in Schedule M | 250 | 500 | 750 | 750 |
TC5-1(B) | No trucks, commercial vehicles, TT's in excess of 5-ton GVM in Schedule O | 250 | 500 | 750 | 750 |
TC5-2 | Overnight Parking - Certain Vehicles | 200 | 475 | 750 | 750 |
TC6-2(D)1 | Immobilization by Barnacle - Boot | 500 | 500 | 500 | 500 |
TC6-2(D)4 | Tampering with an immobilization device | 1000 | 1000 | 1000 | 1000 |
TC6-7 | Vision Obstruction by Parked/Stopped Vehicle | 200 | 400 | 600 | 600 |
TC6-8 | Handicap Permit Tampering | 500 | 750 | 1000 | 1000 |
*Fines escalate for subsequent violations upon adjudication of the same Traffic Code violation. |
**Fine for Handicap violations include $30.00 NYS Surcharge |
[1]
Editor's Note: This local law also repealed former § TC1-7, Pleas and penalties, as amended.
Notwithstanding any other provision in any law, ordinance or regulation to the contrary, failure to pay or answer a ticket within thirty (30) days of issuance thereof, or any subsequent adjourned date, may result in additional penalties. Such additional penalties may include:
A.
Default judgment.
(1)
In the event a person charged with a parking violation does not answer within the time specified, or any subsequent adjourned date, the Bureau may enter a plea of guilty on behalf of the defendant and render a default judgment within the amount authorized by law, pursuant to New York State Vehicle and Traffic Law § 1806-a. Any judgment entered pursuant to default shall be civil in nature, but shall be treated as a conviction for the purposes of this section.
(2)
At least 30 days after the expiration of the original date prescribed for entering a plea, or any subsequent adjourned date, and before a plea of guilty and default judgment may be rendered, the Bureau shall notify the defendant by certified mail of the violation charged, of the impending plea of guilty and default judgment; that such judgment will be filed with First District Court or Suffolk County clerk, and that a default plea of guilty may be avoided by entering a plea or making an appearance within 30 days of the sending of such notice. Default judgments and pleas of guilty may not be rendered more than two years after the expiration of the time prescribed for originally entering a plea.
(4)
Payment of default judgment. Once a default judgment has been entered, payment must be made directly to First District Court either in person or by mail. Payment may be made by cash, credit card, check or money order payable to District Court. The Town of Huntington may not accept payment.
(5)
Vacating a default judgment. A defendant who wishes to make a motion to set aside the judgment, excuse his/her default and have his/her guilty plea by absentia withdrawn to as to be allowed to plead "not guilty" must do so by written motion to First District Court.
B.
Nonrenewal of New York State motor vehicle registration. In the event that a vehicle owner should fail to appear on the return date or any subsequent adjourned date in response to three or more parking violation summonses issued within an eighteen-month period charging violations of the parking laws, ordinances and regulations written pursuant to Huntington Town Code, the Bureau shall so notify the Department of Motor Vehicles, which shall deny the vehicle's registration or renewal application pursuant to New York State Vehicle and Traffic Law § 401-5a.
C.
Immobilization. In the event that a vehicle owner should fail to appear and or answer on the return date or any subsequent adjourned date in response to parking violation summonses issued charging violations of the parking laws, ordinances and regulations written pursuant to Huntington Town Code, the vehicle of such owner may be immobilized as outlined in § TC6-2. Once a vehicle is immobilized, it shall not be released until full payment has been made for all outstanding penalties, fines, or fees owed related to all parking violations for all vehicles of the registered owner, plus all immobilization, towing and storage charges and administrative fees.
[Amended 2-11-2020 by L.L. No. 8-2020; 9-14-2021 by L.L. No. 47-2021; 7-9-2024 by L.L. No. 29-2024]
D.
In the event that a vehicle owner should fail to answer in response to parking violation summonses issued charging violations of the parking laws, ordinances and regulations written pursuant to Huntington Town Code, within 90 days, the owner or person in charge of such vehicle may be denied the following until such time as full payment and proof of same has been made for all outstanding penalties, fines, or fees owed related to all parking violations or, in the event a default judgment has not been entered, that an appearance has been made:
[Amended 7-9-2024 by L.L. No. 29-2024]
E.
Administrative Fees.
In addition to the penalties set forth herein, or in other applicable law, rule or regulation, the Town is authorized to pursue the costs of administrative fees associated with recovering outstanding Town of Huntington parking violations. Said administrative fees shall be set by the Bureau. Imposition of such fees is intended to reimburse the Town for monies and time expended by its employees in collecting the sums due, including but not limited to, notifying the appropriate party and/or certifying the amount due to the Town; entering default judgments; and/or covering the costs associated with holding hearings and compensating per diem hearing officers. |
[1]
Editor's Note: Former § TC1-8, Specific penalties for vision obstructions, as amended, was repealed 10-30-2001 by L.L. No. 16-2001. Additionally, the title of this section was changed from "Payment of penalty; surcharges" to "Additional penalties" 9-14-2021 by L.L. No. 47-2021.
A.
A person who has received a ticket for violation of this Code, within the time specified in such 30 days' notice, may enter a plea as follows:
(1)
Entry of guilty plea. A person charged with a violation of this section may waive a hearing, give a power of attorney in accordance with §§ TC7-4 and TC7-6 herein, and enter a plea of guilty. Each such person shall pay the minimum prescribed fine as outlined in § TC1-7, by submitting such payment in person to the Bureau, by mail, or by making a payment online through the Town's website; or
(2)
Entry of not guilty plea. A person charged with a violation of this Code may appear in person at the Bureau or go online through the Town's website to enter a plea of not guilty whereupon a conference date shall be set; or such person may, by a writing mailed to the Bureau, enter a plea of not guilty by mailing a signed statement, indicating such plea, identifying the ticket number, the name and address of the owner of the vehicle and by mailing the statement to the Traffic Violations Bureau, Huntington Town Hall, 100 Main Street, Huntington, New York 11743. A conference date shall be thereafter fixed and notice thereof forwarded to each such person. At a conference date, if a resolution to the ticket is not reached between the Town Attorney, or his/her designee, and the person who has received a ticket, the matter shall be adjourned and a hearing date shall be provided by mail to the person who has received the ticket.
[Added 9-14-2021 by L.L. No. 47-2021; amended 7-9-2024 by L.L. No. 29-2024]
(a)
Failure to answer a violation. In the event a person charged with a parking violation does not answer within 90 days from when the ticket was issued, the Bureau may enter a plea of guilty on behalf of the defendant and render a default judgment for the maximum amount authorized in § TC1-7, plus an administrative fee, or immobilization as outlined in TC6-2(D), and impose any other applicable penalty outlined in § TC1-8.
(b)
Failure to show at a hearing. In the event a person charged with a parking violation does not appear at a scheduled hearing date, or any subsequent adjourned date, the Bureau may enter a plea of guilty on behalf of the defendant and render a default judgment for the maximum amount authorized in § TC1-7, plus an administrative fee, or immobilization as outlined in TC6-2(D), and impose any other applicable penalty outlined in § TC1-8.
B.
Payment of the prescribed or mitigated fine to the Bureau and receipt and acceptance of same by the Bureau shall be complete satisfaction of the violation. The Bureau shall give a written receipt for all fines paid.
(1)
Payment of fine after a conference. If a resolution to the ticket is reached at the conference between the Town Attorney, or his/her designee, and the person who has received a ticket, the agreed-upon fine is immediately due and shall be received no later than 48 hours after the conference. Such person shall pay the agreed upon fine by submitting payment in person to the Bureau, or by mail, or by making a payment online through the Town's website. Failure to pay the fine in the time prescribed herein shall result in the entry of a default judgment by the Bureau for the maximum amount authorized in § TC1-7, plus an administrative fee, and the imposition of any other applicable penalty outlined in § TC1-8.
[Added 9-14-2021 by L.L. No. 47-2021]
(2)
Payment of fine after a hearing. If, after a hearing, the hearing officer renders a verdict of guilty and imposes a fine, the fine is immediately due and shall be received no later than 48 hours after the hearing. Such person shall pay the fine by submitting payment in person to the Bureau, by mail, or by making a payment online through the Town's website. Failure to pay the fine in the time prescribed shall result in the entry of a judgment by the Bureau in the amount of the fine imposed by the hearing officer, plus an administrative fee, and the imposition any other applicable penalty outlined in § TC1-8.
[Added 9-14-2021 by L.L. No. 47-2021]
C.
Payment of all fines, penalties and surcharges shall be made in full by cash, money order or check and mailed or delivered to the Traffic Violations Bureau, Town Hall, 100 Main Street, Huntington, New York 11743, except as set forth in § TC1-8(A)(4) herein.
D.
Proof of payment shall be limited to canceled checks and/or a signed receipt issued by the Traffic Violations Bureau, except in the event a default judgment has been rendered, such proof that payment has been made shall be provided by the First District Court. A proof-of-mailing certificate, issued by the United States Postal Service, shall serve as prima facie proof of mailing.
E.
Charge for insufficient funds. A penalty of twenty dollars ($20.00) shall be charged to the maker of the check returned for insufficient funds.