The following words, when used in this article, shall have the
meanings ascribed to them in this section, except in those instances
where the context clearly indicates otherwise:
Includes any municipally owned or leased property operated by the City of Glens Falls for off-street parking purposes and so established and designated in § 208-35 of this article.
Includes every individual who shall operate a vehicle as
the owner thereof or as the agent, employee or permittee of the owner
or who is in actual physical control of a vehicle.
The stopping and standing of a motor vehicle, occupied or
unoccupied, upon any portion of a public parking facility or City
parking area for a period longer than necessary for the unloading
of passengers or freight therein.
Includes every natural person, firm, copartnership, association
or corporation.
Any public street, avenue, road, boulevard, highway or other
public place located in the City of Glens Falls and established for
the use of vehicles.
Any device in, upon or by which any person or property is
or may be transported upon a street or highway, except a device which
is operated upon rails or tracks.
[Amended 10-8-1998 by L.L. No. 11-1998]
Municipally operated off-street parking lots are hereby established in the City of Glens Falls as set forth in Schedule XXV (§ 208-72), attached to and made a part of this chapter, establishing the limitation of time for parking or standing, hours of operation and, where applicable, rental fees for said parking on a weekly or monthly basis, together with such other regulations as will promote the orderly operation of said lots. Such other regulations include, without limitation, designating the hours of the operation of such off-street parking lots and amending Schedule XXV, as it deems necessary, for the efficient operation of such public parking facilities.
[Amended 10-8-1998 by L.L. No. 11-1998]
All such parking lots and facilities and the administration,
operation and management thereof shall be under the supervision and
control of the Common Council. Said Council may by resolution delegate
the active administration and management thereof to a Parking Lot
Governing Authority, herein for convenience referred to as the "Authority,"
to consist of one or more designated officials, boards or commissions
of the City or committees of the Council. The Authority shall have
the full power and authority to make rules and regulations, fix fees,
fines, charges and penalties, all if and when certified by the secretary
or administrative head thereof and filed with the City Clerk, to be
of like force and effect as though enacted by the Common Council and
all to be enforced in the manner herein set forth. The Authority shall
likewise have the power and it shall be its duty to do any and all
things necessary to the efficient operation of such public parking
facilities and City parking areas, subject only to the rules, regulations
and orders of the Common Council. The Mayor shall be the administrative
head of the Authority. Said Authority shall likewise determine the
form and content of all signs, notices, space or rental tickets, violation
tickets and the like. It shall be guided in its operative rules and
regulations by the principle that the public parking facilities herein
are established for the primary purpose of providing free parking
facilities for those members of the public desiring to shop within
the City of Glens Falls. Such principle, however, shall not be construed
to prohibit the Authority from charging for the use of municipal parking
lots. During any period in which an Authority shall not be constituted,
the Common Council shall carry out the function and duties of the
Authority and shall discharge the responsibilities of the Authority
by establishing such rules and regulations, by resolution(s) of the
Common Council, as it shall deem necessary and appropriate.
The public parking facilities may be of one or more classes,
as follows:
A.
Free parking for vehicles operated by members of the shopping public
operating motor vehicles, except trucks in excess of 20 feet in length
or tractor-trailers.
B.
Single or group rental, involving rental through the use of tickets
or some other method of control to individual vehicles or vehicles
displaying proper permit identification, on a weekly, monthly or other
periodic basis (not to exceed one year) as determined by the Authority.
[Amended 10-8-1998 by L.L. No. 11-1998]
C.
Any other parking facility as may be determined by the Authority
and not inconsistent with the purposes of this article.
D.
Civic Center parking, involving the payment of a fee on an event
basis and subject to such other rules and regulations as outlined
in this article and as may be determined by the Authority or, in the
absence of a duly constituted Authority, by the Common Council.
A.
The Authority may provide for the supervision and management of such
parking lots as may be established by one or more parking lot supervisors
or by members of the Glens Falls Police Department. It shall be the
duty of such supervisors, where established, or members of the Glens
Falls Police Department, with any necessary assistance on the part
of the local police force, either when called upon or requested under
special circumstances or as directed by the Mayor, to diligently oversee
the use of the public parking facilities and the enforcement of this
article and all lawful rules and regulations with respect thereto.
B.
Such supervisors, where appointed, are hereby given the authority
to enforce parking regulations in the parking facilities.
C.
It shall be the duty of the local police force to enforce all provisions,
rules and regulations respecting the City public parking lots.
It shall be unlawful:
A.
For any person to cause, allow, permit or suffer any motor vehicle
registered in his name or operated or controlled by him to be parked
upon any part of said public parking facilities:
(1)
Without first complying with the rules, regulations, requirements
and restrictions relating to the use thereof, as specified by appropriate
signs, notices, pavement markings or legends upon or attached to the
appropriate parking spaces or adjacent to said parking spaces;
(2)
Other than completely within the appropriate lines or spaces marked
or designated for the parking of one car or, in the absence thereof,
in the place or position designated by the supervisor or lot attendant;
or
(3)
In excess of the legal parking time established for such public parking
facility.
B.
For any person using or about to use one of said public parking facilities
to refuse or fail to comply with the reasonable requests, directions
or orders of the supervisor or lot attendant or member of the Glens
Falls Police Department, either verbal or in writing, handed to him
or suitably attached to his vehicle.
C.
For any person to litter or permit the littering of any public parking
facility with papers, boxes, cartons, advertising matter, cans, junk
or other unsightly or unwholesome matter, animal, vegetable or mineral.
D.
For any person to park or to deposit or to leave on any part of a
public parking facility any vehicle not defined herein as a motor
vehicle.
E.
For any person not so authorized to willfully break, destroy or impair
the usefulness, temporarily or otherwise, of any standard or attendant's
quarters or accessories, poles, barriers, etc., installed on any public
parking facility, or to attempt the same or to aid or abet in doing
or attempting the same.
F.
For any person to park or stand a vehicle in any municipally operated
off-street parking facility either wholly or partially in any driveway
of such parking facility, or in any manner which shall obstruct or
interfere with the free movement of vehicles in such driveway or in
any manner so as to obstruct or otherwise prevent or interfere with
ingress to or egress from any regularly designated parking space.
In any prosecution or proceeding hereunder, proof of the registration
plates displayed on the motor vehicle shall constitute in evidence
a prima facie presumption that the registered owner of such vehicle
was the person who parked such vehicle at the time when and the place
where the alleged violation of this article occurred.
A.
Whenever any motor vehicle shall be found parked or standing overtime
in any public parking facility or shall be found parked or standing
there in violation of any of the provisions of this article or the
lawful rules and regulations of the Authority, such vehicle may be
removed and conveyed by or under the direction of the Supervisor or
member of the Glens Falls Police Department by means of towing the
same or otherwise to a City parking area or to such garage, parking
lot or place as such Supervisor or member of the Glens Falls Police
Department may deem expedient, and there impounded; and such removal,
conveyance and impoundment shall be at the expense and risk of the
owner of such vehicle, and no liability on the part of the Supervisor
or City shall accrue by reason thereof. If the violation is such as
to obstruct or impede the normal and efficient operation of the facility,
such removal and conveyance may be done immediately upon the discovery
thereof. This removal procedure may be employed in like manner with
respect to other vehicles, objects, things or animals improperly occupying
any portion of a public parking facility.
B.
Before the owner or person in charge of such motor vehicle, vehicle,
object, thing or animal shall be permitted to remove the same from
its impoundment, he shall furnish evidence of his identity, ownership
or right to possession, shall sign such affidavit and receipt therefor
as may be required and shall pay to the supervisor or to the Chief
of Police or his authorized representative the sum of $5 per day for
each day or fraction thereof said vehicle or other thing remains impounded.
Upon such payment being so made, all prosecutions under this article
for the violations for which such property was impounded shall be
barred.
A.
Parking at all public parking lots within the City of Glens Falls
may be restricted during the presentation of commercial attractions
and other major events at the Glens Falls Civic Center.
B.
During the presentation of commercial attractions and other major
events at the Glens Falls Civic Center, persons wishing to park in
public parking lots of the City of Glens Falls may be required to
pay a fee which will entitle that person to leave his motor vehicle
parked in the public parking lot for a designated period.
C.
The restrictions of this article pertaining to hours of operation
and the time limitations for parking in public parking lots shall
not apply when the public parking lots are being utilized by the City
during Civil Center events.
D.
The Parking Lot Governing Authority created under § 208-36 of this article, herein referred to as the "Authority," shall have the full power and authority to make rules and regulations, fix fees, fines, charges and penalties governing use of public parking lots during Civic Center events, in accordance with § 208-36. In the absence of a duly constituted Authority, the Common Council shall exercise said power and authority.
No person shall park a vehicle during the hours and days indicated in Schedule XXVI (§ 208-73), attached to and made a part of this chapter, in the off-street areas described in Schedule XXVI.