A.
No driver shall fail, neglect or refuse to comply with any regulation
prohibiting parking displayed on official traffic signs installed
or placed in any street.
B.
No driver shall fail, neglect or refuse to comply with any regulation
limiting or restricting the parking or standing of vehicles displayed
on official traffic signs installed or placed in any street.
No person shall park a vehicle upon any public highway within
the village except parallel to the curb, with both right front and
right rear wheels (passenger side of vehicle) not more than 12 inches
from the curb, except on one-way streets, in which case it shall be
permissible for the left front and left rear wheels to be parallel
to the curb and no further than 12 inches therefrom and except in
such parts of streets as shall be designated for angle parking by
official signs; and no vehicle shall park on any public sidewalk.
No person shall park a vehicle upon any sidewalk on any street
or in any space between the sidewalk and curb of any street.
Parking within 15 feet of any fire hydrant anywhere within the
village is prohibited.
Parking on the same side of the street upon which any fire station
is located, within 20 feet distant from each side of the driveway
entrance to such fire station and on the side of the street opposite
such fire station at or near the curb and 75 feet distant from each
side line of such driveway entrance extended, is hereby prohibited
at any time.
No vehicle, except by direction of the Chief of the Fire Department
or his assistant or a member of the Police Department, shall approach
or park within 500 feet of any fire apparatus or police vehicle responding
to an emergency or fire call after said apparatus or vehicle shall
have arrived at its destination.
Parking along that portion of any and every street abutting
upon property used for school purposes, on the side of such street
upon which said school property is situated and within 100 feet in
either direction from such school property, is hereby prohibited on
school days between the fours of 7:30 a.m. and 6:00 p.m.
[Added 4-15-1999 by L.L. No. 4-1999]
Both sides of the 700 block of Woods Road in the village are
hereby designated to be a "no stopping zone," as that term is defined
by Article 32 of the New York State Vehicle and Traffic Law.
[Amended 10-8-1991 by L.L. No. 4-1991]
No vehicle shall stand or be parked upon any public park or
playground or upon any real property owned or leased by the village,
except pursuant to police regulation or local law.
[Added 1-26-1999 by L.L. No. 1-1999]
A.
Other than village employees who are actually working for the village
at the time in question, no person shall park or stand any motor vehicle,
other than a village-owned vehicle, on any village-owned parking lot,
village park, Village Hall, Village Police Station, Village Highway
Garage, Village Electric Department, Village Library or any other
village property between the hours of 6:00 a.m. and 8:00 a.m. between
the dates of November 1 of each year through and including April 15
of the next succeeding calendar year.
B.
It shall be unlawful for any person to park or stand any motor vehicle,
other than a village-owned motor vehicle, on any village-owned parking
lot, village park, Village Hall, Village Police Station, Village Highway
Garage, Village Electric Department, Village Library or any other
village property at any time for the purposes of vehicular repair
or sale.
C.
With the exception of village-owned motor vehicles, parking or standing
on any village-owned parking lot, village park, Village Hall, Village
Police Station, Village Highway Garage, Village Electric Department,
Village Library or any other village property by motor vehicles which
are rated in excess of five tons' gross vehicle weight is prohibited
without the express prior permission of the Village Highway Superintendent,
the Village Board, the Mayor or the Village Police Chief.
D.
No person, other than duly authorized village personnel, shall plow,
snowblow or otherwise remove snow from any village-owned property.
E.
Any person who violates this section shall be subject to the fines and penalties provided in § 160-8 of this chapter. Each twenty-four-hour period shall be considered a separate and distinct violation.
F.
With the exception of village-owned equipment, no person shall park,
stand, place or store any equipment, trailer or other item of personal
property on any village-owned parking lot, village park, Village Hall,
Village Police Station, Village Highway Garage, Village Electric Department,
Village Library or any other village property without the express
prior permission of the Village Board, the Mayor, the Village Highway
Superintendent or the Village Police Chief.
G.
In addition to any fine which may otherwise be applicable, any motor
vehicle which is found to be in violation of this section may, under
the direction of the Village Highway Department, the Village Police
Department or any other law enforcement agency, be removed or conveyed,
by towing or otherwise, to a vehicle impound or storage area at the
owner's expense. Within 24 hours from the time of removal of any motor
vehicle under the authority granted by this section, notice of the
fact that the motor vehicle was removed shall be sent, by the Village
Police Department, other law enforcement agency or the village to
the owner of record of said motor vehicle as recorded by the New York
State Department of Motor Vehicles. Said notice shall designate the
place from which such motor vehicle was removed, the reason for its
removal and impounding and the location in which it is impounded.
Before the owner shall be permitted to remove a motor vehicle which
has been towed or removed, he or she must:
(1)
Furnish satisfactory proof to the person in charge of the place
in which the motor vehicle is being stored of his/her identity and
ownership of the subject motor vehicle.
(2)
Pay all charges for towing or removing said motor vehicle and
all storage charges, if any.
(3)
Sign a written receipt acknowledging delivery of said motor
vehicle.
H.
Between the hours of 6:00 a.m. and 6:00 p.m. vehicles parked in the
Village-owned public parking lot located on the north side of the
2300 block of Milton Avenue shall not remain or be so parked in said
lot for more than two hours during any one such twelve-hour period.
[Added 10-23-2001]
Except in an emergency or in compliance with the directions
of a peace officer or unless the vehicle is actually in charge of
some person capable of driving it, no vehicle shall be stopped or
left standing in front of a private driveway.
Except in an emergency or in compliance with the directions
of a peace officer, no vehicle shall be stopped or left standing in
such a position as to prevent another vehicle already stopped near
the curb from moving away therefrom.
No person shall park a vehicle upon any street within 20 feet
of any crossing or intersection or upon any street within 50 feet
of any crossing or intersection of a street designated by the provisions
of this chapter as a through-traffic street where an official stop
sign is posted, as prescribed herein.
No person shall park a vehicle upon any roadway of any street
for the express purpose of displaying such vehicle for sale.
No driver shall park or stand any vehicle other than a taxicab
in any part of any roadway designated by official signs as a taxicab
stand, except in an emergency or in compliance with the direction
of a police officer or an official traffic control signal or sign.
Except as otherwise permitted in this chapter, no driver shall
park or stand any vehicle, except on Sunday, in any part of any roadway
designated by official signs as a loading zone, except in an emergency
or in compliance with the direction of a police officer or an official
traffic control signal.
No driver shall park or stand any vehicle in any part of any
roadway designated by official signs as a loading zone for a period
of time longer than necessary for the expeditious unloading and delivery
or pickup and loading of material. In no case shall a stop for loading
or unloading exceed 30 minutes.
The Chief of Police is hereby authorized to issue to any owner
of a vehicle used to transport merchandise or materials a special
permit, renewable annually, and to state therein the details and conditions
thereof, allowing the driver of such vehicle the privilege of loading
and unloading while the vehicle is backed against a curb, if, in the
opinion of said Chief of Police, such privilege is reasonably necessary
in the conduct of the owner's business and will not seriously interfere
with traffic or public safety.
The Chief of Police is hereby authorized to issue written permits
permitting a sidewalk to be obstructed for a period of time not exceeding
30 minutes in loading and unloading a vehicle, when, in his judgment,
he deems it necessary.
No driver shall park or stand any vehicle in any part of a roadway
designated by official signs as a bus stop, except in an emergency
or in compliance with the direction of a police officer or an official
traffic control signal or sign.
Any person operating any bus shall stop the same to take on
or discharge passengers only at such places designated by official
signs as bus stops.
Buses shall not be stopped or allowed to stand partly or wholly
on or within any crossing or street intersection.
Except as otherwise prohibited or restricted by the provisions
of this chapter, a motor vehicle or motorcycle may be parked without
the lights thereon being lit on any street or part of a street from
1/2 hour after sunset to 1/2 hour before sunrise if parked within
100 feet of any lighted streetlight.
Parking shall be prohibited in the following designated areas:
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
Bacon Street
[Added 8-22-2000] |
Both
|
From Gills Street to Pennock Street
|
|
Charles Avenue
[Added 2-28-2006] |
Both
|
From its intersection with West Genesee Street (NYS Route 5)
to its intersection with Milton Avenue
|
|
Cogswell Avenue
[Added 2-28-2006] |
Both
|
From its intersection with Milton Avenue to its intersection
with Bacon Street
|
|
Cogswell Avenue
[Added 7-25-2000; repealed 2-28-2006] | ||
|
Fourth Street
[Added 3-23-2021 by L.L. No. 1-2021] |
Both
|
100 Block of Fourth Street between the intersections of Fourth
Street and Stanton Avenue and the intersection of Fourth Street and
Woods Road
|
|
Fourth Street
[Added 3-27-2001] |
Both
|
300 Block (Monday through Friday, 8:00 a.m. through 3:00 p.m.)
|
|
Stanton Avenue
[Added 8-24-2004] |
Both
|
301 to 307 Stanton Avenue
|
|
Worth Avenue
[Added 1-24-2012] |
East
|
From the northern border of 109 Worth Avenue to its southern
terminus
|
|
Worth Avenue
[Added 1-24-2012] |
West
|
From its intersection with Third Street to the southern border
of 411 Center Street (rear)
|
[Added 2-28-2006]
Notwithstanding the applicability of any other alternate parking prohibition pursuant to § 160-74 or designated no parking, area pursuant to § 160-73.1, limited-duration fifteen-minute parking shall be permitted at the following locations:
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
Cogswell Avenue
|
East
|
Frontage at 305 Cogswell Avenue
|
[Added 7-28-2011 by L.L. No. 4-2011]
Parking is seasonally prohibited in the following designated
areas between November 1 of each year and April 1 of the next succeeding
year:
|
Name of Street
|
Side
|
Location
|
|---|---|---|
|
Caroline Avenue (300 block)
|
Both
|
From its intersection with Woods Road south to its terminus
|
|
Second Street (100 and 200 blocks), from 11:00 p.m. to 7:00
a.m. each day
[Added 9-26-2017; repealed 6-22-2021 by L.L. No. 3-2021] | ||
|
Worth Avenue
[Added 1-24-2012] |
West
|
From the southern border of 411 Center Third Street (rear) to
its intersection with Fifth Street
|
[Amended 10-22-2002]
Except as otherwise posted, a system of alternate parking shall
be in effect for all streets within the Village. Pursuant to this
system, parking shall be permitted on the odd-numbered side of the
street from 9:00 a.m. on odd-numbered days until 9:00 a.m. on the
following day, and on the even-numbered side of the street from 9:00
a.m. on even-numbered days until 9:00 a.m. on the following day.
Proof of the stopping, standing or parking on public streets
of a motor vehicle or motorcycle contrary to the provisions of this
chapter shall be presumptive evidence that the person in whose name
such motor vehicle or motorcycle is registered is the person who parked,
stopped and left standing such motor vehicle or motorcycle contrary
to such provisions.
[Added 10-22-2002; amended 10-24-2023 by L.L. No. 4-2023]
An initial fine to be charged for any violation of this chapter
with respect to stopping, standing and parking shall be $35. The fine
amount provided for in this section may be further amended from time
to time by resolution adopted by a majority of the Village Board at
a regular or special Village Board meeting.
[Added 10-22-2002]
A.
Response to first violation notice.
(1)
Plead guilty. As set forth in Chapter 40 of the Code of the Village of Solvay, whenever the owner of a vehicle has been issued a notice of violation of parking, standing or stopping regulations, that owner may answer the charges listed on the notice in person or through an attorney at the Traffic Violations Bureau within eight days of its issuance by paying the prescribed fine and applicable surcharge, if any, waiving in writing the holding of a hearing and pleading guilty to the violation. Acceptance of the same by the Traffic Violations Bureau shall be deemed complete satisfaction of the violation and the violator shall be given a receipt.
(2)
Request hearing. As an alternative to pleading guilty to a violation,
and upon reasonable grounds therefor, whenever the owner of a vehicle
has been issued a notice of violation of parking, standing or stopping
regulations, that owner may, within eight days of the issuance of
the violation, request a hearing before the Village Justice by appearing
in person or through an attorney at the regularly appointed times
for the conduct of Justice Court or by contacting the Traffic Violations
Bureau. Failure to request such a hearing within eight days of the
issuance of the violation shall be deemed a waiver of the right to
the same.
(3)
New York State Department of Motor Vehicle records shall be considered
presumptive evidence of ownership.
B.
Failure to respond to first violation notice.
(1)
Fines.
[Amended 10-24-2023 by L.L. No. 4-2023]
(a)
Nonhandicap and handicap fines.
|
Number of Days from Issuance of Ticket
|
Nonhandicap Fine
|
Handicap Fine
|
|---|---|---|
|
1 through 8
|
$35
|
$80 - NYS Minimum
|
|
9 to 30
|
$60
|
$125
|
|
31 to 60
|
$100
|
$175
|
|
61 or more
|
$150
|
$225
|
(b)
The fine amounts provided for in this section may be further amended
from time to time by resolution adopted by a majority of the Village
Board at a regular or special Village Board meeting.
(2)
Second violation notice upon failure to respond. Upon an owner's
failure to respond to the first notice of violation within 30 days
of the violation, a second notice shall be issued by the Traffic Violations
Bureau by regular first class mail and include, at a minimum, the
following information:
(a)
That failure to respond to the notice of violation for a parking
violation may subject the owner to additional penalties as well as
default judgment and/or towing of the vehicle.
(b)
That the failure to respond to the notice of violation for a
parking violation may result in the suspension and nonrenewal of the
owner's registration.
(c)
That submission of a plea of guilty to the parking violation
makes the owner liable for payment of the stated fine and additional
penalties, and that such payment will satisfy the violation.
(3)
Third violation notice upon failure to respond. Upon an owner's failure
to respond to the second notice of violation within 30 days of the
second notice, a third notice shall be provided by the Traffic Violations
Bureau by certified mail and include, at a minimum, the following
information:
[Amended 1-28-2003]
(a)
That failure to respond to the notice for a parking violation
may subject the owner to additional penalties as well as default judgment
and/or towing of the vehicle.
(b)
That the failure to respond to the notice of violation for a
parking violation may result in the suspension and nonrenewal of the
owner's registration.
(c)
That submission of a plea of guilty to the parking violation
makes the owner liable for payment of the stated fine and additional
penalties, and that such payment will satisfy the violation.
(4)
Default judgment. Where an owner has been given notices pursuant
to this section and has failed to respond to such notices of violation
within 30 calendar days from the date of the third notice, such failure
shall be deemed an admission of liability and shall subject the owner
to a default judgment being entered thereon in amounts not greater
than the amount of the original fine, accrued penalties and any other
sums provided in the New York State Vehicle and Traffic Law. A notice
of entry of default judgment shall be provided to the owner. A default
judgment may be satisfied by payment of any and all fines, penalties
and other sums due to the Traffic Violations Bureau.
(5)
Immobilizing and impounding vehicles.
[Amended 1-28-2003; 7-22-2008 by L.L. No. 9-2008]
(a)
Intent.
[1]
The Village finds that significant numbers of vehicle owners
fail to respond to parking summonses issued for violations of parking
orders, rules, regulations and local laws; that a significant number
of such owners are persistent violators.
[2]
By reason of the foregoing, the Village finds that the health,
welfare, and safety will be served by enactment of a local law providing
additional means of enforcing parking orders, rules, regulations,
and local laws in the case of vehicle owners who fail to timely respond
to summonses issued for parking violations or have outstanding fines
for parking violations.
(b)
Immobilization, impoundment and/or towing of vehicles.
[1]
The Chief of Police and/or any officer of the Police Department
is hereby authorized to provide for immobilization or towing of any
unattended vehicle found parked on a street or on any Village-owned
property or property under the jurisdiction or control of the Village,
which vehicle is owned by or registered to a person against whom at
least one default judgment has been taken pursuant to this section
in response to a violation of any state or local law, ordinance, rule
or regulation concerning parking, stopping or standing of vehicles,
which judgment has not been satisfied and which vehicle also has received
at least one other notice of a parking violation which remains unpaid.
[Amended 3-22-2016 by L.L. No. 1-2016]
[2]
Such vehicles may be immobilized and left where found, secured
by the use of a steel lock or such other immobilization device as
may be designated by the Chief of Police, and/or any officer of the
Police Department or, in the alternative, may be removed and impounded
by or under the direction of any officer of the Police Department
giving authorization to a commercial towing or wrecker service to
tow the vehicle and store it in a safe place until claimed by the
owner.
[3]
Such immobilization and/or towing shall be at the expense of
the owner of the vehicle and shall include all storage charges and/or
any other charge attributable thereto, including all fines and penalties
due for parking violations.
[4]
Any vehicle that has been immobilized and not lawfully released
or lawfully removed by the owner of the vehicle for 72 hours from
the time of such initial immobilization may be impounded and towed
at the direction of the Chief of Police and/or any Police Officer,
which removal and storage shall be at the expense of the owner of
the vehicle.
[5]
The officer causing such removal and impoundment shall immediately
notify the Traffic Violations Bureau of the same. The Traffic Violations
Bureau shall immediately provide notice by means of first class mail
to the owner of the vehicle stating that the vehicle was removed and
impounded, the reason for such removal and impoundment, the place
at which the vehicle is being stored and the manner in which the owner
can secure the release of the vehicle.
(c)
Notice and warning to the owner. When an immobilization device
is used, the Police Department or its agent shall attach to the vehicle,
in such form as may be directed by the Chief of Police, a notice containing
the following information:
[1]
The location and identifying characteristics of the vehicle.
[2]
The date and time of placement of the device and signature of
the installer.
[3]
Notice that further parking restrictions will be waived during
the immobilization period for a period of three days from the date
of immobilization.
[4]
Notice that any person tampering with the device or the vehicle
will be subject to criminal prosecution and liable for any loss to
the Village.
[5]
The steps which the owner must take to obtain the release of
the vehicle.
[6]
Such other information, statements, notices, and warnings as
the Chief of Police may from time to time determine to be appropriate.
(d)
Tampering or attempted removal prohibited.
(e)
Vehicle release to owner.
[1]
Any vehicle immobilized as herein provided shall be promptly
released to its owner upon:
[a]
Payment of the expenses of immobilization, hereby
found to be $100 and the costs of towing, storage and all incidental
charges, together with payment of all fines and penalties for delinquent
parking tickets or judgments against the owner arising from such nonpayment.
[b]
An order of the Village Justice Court authorizing
such release. The Village Justice Court shall coordinate with an officer
of the Police Department to ascertain that the expense of immobilization
and all other costs referenced in this section have been paid prior
to authorizing the release of the vehicle.
[c]
The owner furnishing security for appearances in
the Village Justice Court to answer parking summonses outstanding
such vehicle and the expense of immobilization or towing and storage.
[d]
Prior to the release of such vehicle, the owner
or other persons lawfully entitled to the possession of such vehicle
must produce proof of ownership, proof of current automobile registration,
proof of a currently valid driver's license and an insurance identification
card or other acceptable proof of current insurance coverage on the
vehicle.
[2]
The operator or owner will be issued a receipt authorizing pickup
of the vehicle or to have the boot removed. Payment shall be by cash,
certified check, bank check or money order.
[3]
The amount of such security shall not exceed the total of the
maximum fines permitted upon conviction of the offenses charged in
outstanding summonses against the vehicle or the vehicle owner's failure
to timely answer, plus the expense of the immobilization.
[4]
While a vehicle is immobilized as herein provided, any parking
restriction of which such vehicle may be in violation, except as provided
herein, shall be suspended as they apply to such vehicle for a period
of three days from the initial date of immobilization.
(6)
Challenges to fees; hearings and appeals.
(a)
The owner or person entitled to possession of a vehicle who
is aggrieved by accrued fines, penalties, and/or removal and impoundment
fees may file a challenge to the same in person or in writing before
the Village Justice within 20 days after towing of a vehicle or within
10 days after mailing of a notice to a vehicle owner that a vehicle
has been removed, whichever date is later. The Village Justice shall
hear and determine such challenges in the same manner as charges of
parking violations are heard and determined.
(b)
Failure to challenge the fees in a timely manner or to appear
at a scheduled hearing shall constitute a waiver of the right to challenge
such fees and a forfeiture of fees already paid.
(c)
Following the hearing, the Village Justice shall issue a determination
as to its findings, and may order a reduction and/or refund of the
fines, penalties, and removal and impoundment fees as necessary.
