[HISTORY: Adopted by the Board of Trustees
of the Village of Phoenix 12-1-1992 by L.L. No. 13-1992 (Ch. 53 of the 1993
Code). Amendments noted where applicable.]
As used in this chapter, the following terms
shall have the meanings ascribed to them:
That part of a roadway at an intersection included within
the connections of the lateral lines of the sidewalks on opposite
sides of the highway between the curbs or, in the absence of curbs,
between the edges of the traversable roadway. Such crosswalk may or
may not be distinctly indicated for pedestrian crossing by lines or
other markings on the surface.
A vertical or sloping member along the edge of a roadway
clearly defining the pavement edge.
Every entrance or exit used by vehicular traffic to or from
lands or buildings abutting a highway.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
The area embraced within the prolongation or
connection of the lateral curblines or, if none, the lateral boundary
lines of the roadways of two highways which join one another at, or
approximately at, right angles or the area within which vehicles traveling
upon different highways joining at any other angle may come in conflict.
Where a highway includes two roadways 30 feet
or more apart, then every crossing of each roadway of such divided
highway by an intersecting highway shall be regarded as a separate
intersection.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except electrically
driven mobility assistance devices operated or driven by a person
with a disability and vehicles which run only upon rails or tracks.
Any area or areas of public or private property near or contiguous
to and provided in connection with premises having one or more stores
or business establishments and used by the public as a means of access
to and egress from such stores and business establishments and for
the parking of motor vehicles of customers and patrons of such stores
and business establishments.
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.
Any person afoot or in a wheelchair.
Any highway, road, street, avenue, alley, public place, public
driveway or any other public way.
The right of one vehicle or pedestrian to proceed in a lawful
manner in preference to another vehicle or pedestrian approaching
under such circumstances of direction, speed and proximity as to give
rise to danger of collision unless one grants precedence to the other.
That portion of a highway improved, designed, marked or ordinarily
used for vehicular travel, exclusive of the shoulder and slope.
That improved portion of a highway contiguous with the roadway.
That portion of a street between the curblines, or the lateral
lines of a roadway, and the adjacent property lines intended for the
use of pedestrians.
That portion of a highway exclusive of the roadway and shoulder.
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.
Complete cessation from movement.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
A combination trucking unit consisting of a tractor, whether
or not hooked up to a full trailer or semitrailer, and including but
not limited to a cab, bobtail, motor truck, rig, semi, trucking rig,
lorry, motor truck, semitrailer and/or tandem trailer, and/or any
other three-axled vehicle.
[Added 9-19-2006 by L.L. No. 5-2006]
Pedestrians, vehicles, bicycles and other conveyances, either
singly or together, while using any highway for purposes of travel.
All signs, signals, markings and devices placed or erected
by authority of a public body or official having jurisdiction for
the purpose of regulating, warning or guiding traffic.
Any device, whether manually, electrically or mechanically
operated, by which traffic is alternately directed to stop and permitted
to proceed.
Any turn executed so as to proceed in the opposite direction.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
A.
Except when necessary to avoid conflict with other
traffic, or when in compliance with law or the directions of a police
officer or official traffic-control device, no person shall stop,
stand or park a vehicle:
[Amended 9-19-2006 by L.L. No. 5-2006; 7-7-2009 by L.L. No. 2-2009; 5-4-2010 by L.L. No.
2-2010; 9-1-2010 by L.L. No. 3-2010; 12-20-2022 by L.L. No. 5-2022; 11-7-2023 by L.L. No. 3-2023]
(1)
On the roadway side of any vehicle stopped, standing
or parked at the edge or curb of a street.
(2)
On a sidewalk.
(3)
Within an intersection, except when permitted by official
signs on the side of a highway opposite a street which intersects
but does not cross such highway.
(4)
On a crosswalk.
(5)
Alongside or opposite any street excavation or obstruction
when standing or parking would obstruct traffic.
(6)
Upon any bridge, unless otherwise indicated by official
signs.
(7)
On any railroad tracks.
(8)
In front of a public or private driveway.
(9)
Within 20 feet of a crosswalk at an intersection,
unless a different distance is indicated by official signs or markings.
(10)
Within 30 feet upon the approach to any flashing
signal, stop or yield sign or traffic control device located at the
side of a roadway, unless a different distance is indicated by official
signs or markings.
(11)
In a manner which obstructs or blocks the driveway
entrance to any fire or police station or obstructs visibility for
vehicles exiting such stations.
(12)
Alongside or obstructing a curb area which has
been cut down, lowered or constructed so as to provide accessibility
to the sidewalk.
(13)
Within 50 feet of a railroad crossing, except
temporarily for the purpose of and while actually engaged in loading
or unloading merchandise or passengers, unless a different distance
is indicated by official signs or markings.
(14)
Contrary to restrictions indicated by official
signs.
(15)
In any area designated as a place for handicapped
parking unless the vehicle bears a lawfully issued permit and such
vehicle is actually being used for the transportation of a severely
disabled or handicapped person.
(16)
Except where angle parking is permitted, so
that the curbside wheels are more than 12 inches from the curb or
edge of the roadway.
(17)
Facing in the opposite direction of authorized
traffic movement on that portion of the roadway on which the vehicle
rests.
(18)
When parking space or area is provided by pavement
marking, outside of the actual space provided by such markings.
(19)
In a manner which obstructs or impedes the flow
of traffic.
(20)
On any public highway or street within the Village
between the hours of 12:00 midnight and 7:00 a.m. from November 1
through March 31 of each year.
(21)
If such vehicle is a tractor-trailer, at all
times, on such streets or portions thereof as may be designated by
resolution of the Village Board of Trustees, from time to time; provided,
however, that those tractor-trailers without motors idling and temporarily
parked along a roadway utilized while performing a service or job,
such as moving or hauling, or standing for temporary periods during
deliveries or pickups shall be exempt from this section.
(22)
On
any part of the area of private property or public right-of-way between
the sidewalk and the nearest edge of the street pavement, except the
area within a legally existing driveway or within a legally existing
parking area serving residential uses only. (For purposes hereof,
a "legally existing driveway or parking area" shall mean a paved,
stoned or graveled driveway or parking area established by a permit
that is issued from the Village of Phoenix and that, as to a parking
area, in addition adequately protects any curbing or authorizes the
removal of same.)
(23)
No
parking:
(a)
At all times, on and along the east side of Main Street (County Route
57) within the area running from the southeast corner of the intersection
of such street with Davis Street, thence southerly on and along such
street for a distance of 50 feet, and on and along the east side of
Main Street (County Route 57) within the area running from the northeast
corner of the intersection of such street with James Street thence
northerly on and along such street for a distance of 50 feet.
(b)
At all times on the south side of Culvert Street from State Street
to Main Street.
(24)
Within
15 feet of a fire hydrant, except when such vehicle is attended by
a licensed operator or chauffeur who is seated in the front seat and
who can immediately move such vehicle in case of emergency, unless
a different distance is indicated by official signs, markings or parking
meters.
(25)
Within
15 feet of a fire hydrant, except when such vehicle is attended by
a licensed operator or chauffeur who is seated in the front seat and
who can immediately move such vehicle in case of emergency, when such
vehicle impairs or hinders the access of a fire vehicle to a fire
hydrant while such fire vehicle is engaged in an emergency operation,
unless a different distance is indicated by official signs, markings,
parking meters or the provisions of any local law, rule, or ordinance.
B.
At the discretion of the Police Department, vehicles
parked in violation of the provisions of this section are subject
to towing at the owner's expense, in addition to the issuance of a
parking ticket.
C.
Any additions or deletions to on-street parking restrictions from the effective date of Local Law No. 4 of 2010 may be enacted by duly adopted resolution of the Village Board, all such enactments to be specified in a schedule (which schedule is hereby incorporated by reference) included in the Appendix section of the Village Code and entitled "On Street Parking Restrictions Schedule to Section 190-2 of Village Code." Upon the first such enactment, and insertion of such schedule in the Appendix, the provisions of § 190-2A(23)(a) and (b) shall be included as the first two entries on same.
[Added 2-16-1999 by L.L. No. 1-1999;
amended 9-1-2010 by L.L. No. 3-2010]
[Amended 6-6-2006 by L.L. No. 2-2006[1]]
No person shall, while operating a motor vehicle
on a public highway:
A.
Drive in excess of the posted speed limit, as designated
by official signs. The speed limit on all Village streets in the Village
of Phoenix is 30 miles per hour, except for:
[1]
Editor's Note: This local law stated that
it would take effect 30 days after its filing date with the Secretary
of State.
No motor vehicle shall be operated or parked
on public highways or parking lots unless a current and valid certificate
of inspection, as required by the New York State Vehicle and Traffic
Law, is displayed.
A.
No motor vehicle shall be operated on public highways
contrary to the instructions of any official traffic control device
or traffic control signal applicable to such traffic.
B.
Any official traffic control device or traffic control
signal placed within the Village of Phoenix and purporting to conform
to the lawful requirements pertaining to such devices or signals shall
be presumed to comply with the requirements pertaining to such devices
or signals, unless the contrary shall be established by competent
evidence.
C.
Authority to install traffic control devices. The
Public Works Department shall install and maintain traffic control
devices when and as required under the provisions of this chapter
to make effective the provisions of this chapter and may install and
maintain such additional traffic control devices as the Board of Trustees
may deem necessary to regulate, warn or guide traffic under the Vehicle
and Traffic Law of the State of New York, subject to the provisions
of §§ 1682 and 1684 of that law.
[Added 2-16-1999 by L.L. No. 1-1999]
A.
No person shall operate a motor vehicle on any public
highway or parking lot unless it fully complies with the required
equipment provisions of § 375 generally of the New York
State Vehicle and Traffic Law or § 381 generally of such
law if the motor vehicle is a motorcycle.
B.
In citing violations of this section, the specific
equipment deficiency must be described on the simplified traffic information.
A.
No person shall ride on or attach himself or herself
to the outside of any vehicle being operated upon a roadway.
B.
No vehicle operator shall knowingly permit any person to attach himself or herself to such operator's vehicle in violation of Subsection A of this section.
C.
The provisions of this section shall not apply to
vehicles in an emergency operation as defined in § 114-b
of the New York State Vehicle and Traffic Law; farm-type tractors
used exclusively for agricultural purposes or other farm equipment;
riding in the open, uncovered cargo area of a truck with the permission
of the operator of such truck; vehicles employed by a municipality
for local garbage; and vehicles participating in a parade pursuant
to a municipal permit.
No person shall operate or drive any motor vehicle
upon any roadway or parking lot unless he or she is duly licensed
pursuant to the provisions of the New York State Vehicle and Traffic
Law.
A.
No motor vehicle shall be operated or driven upon
any public highway without first being registered in accordance with
the provisions of the New York State Vehicle and Traffic Law.
B.
No motor vehicle shall be operated or driven upon
any public highway without displaying the indicia of current and valid
registration as provided by the New York State Department of Motor
Vehicles.
C.
No motor vehicle shall be operated or driven upon
any public highway without displaying the distinctive number plates
as provided by the New York State Department of Motor Vehicles, in
the locations prescribed by the New York State Vehicle and Traffic
Law.
A.
No person shall operate a motor vehicle unless such
person is restrained by an approved safety belt.
B.
No person shall operate a motor vehicle unless all
passengers in the front seat of such vehicle are restrained by an
approved safety belt.
C.
No person shall operate a motor vehicle unless all
passengers under the age of four are restrained in a specially designed
detachable or removable seat which meets Federal Motor Vehicle Safety
Standards set forth in 49 CFR 571.213 and which is affixed to such
vehicle by an approved safety belt.
D.
For purposes of this section, an approved safety belt
shall be defined as a safety belt approved by the New York State Department
of Motor Vehicles.
A.
Every motor vehicle, except a motorcycle, driven upon
a public highway during the period from 1/2 hour after sunset to 1/2
hour before sunrise, or at any other time when windshield wipers are
in use, shall display headlamps, tail lamps and any other side marker
lamps as prescribed by the New York State Vehicle and Traffic Law.
B.
Every motorcycle driven upon a public highway must
display a lighted lamp in the front and one on the rear at all times
while being driven or operated. Such lighting must comply with the
standards established by the New York State Vehicle and Traffic Law.
C.
No motor vehicle shall be operated within 500 feet
of a vehicle approaching from ahead or, when approaching a motor vehicle
from the rear and within 200 feet, with headlamps which are dazzling
and interfere with the driver of the other vehicle.
A.
The driver of a vehicle overtaking another vehicle
proceeding in the same direction shall pass to the left thereof at
a safe distance and shall not again drive to the right side of the
roadway until safely clear of the overtaken vehicle.
B.
When official markings are in place indicating those
portions of any highway where overtaking or passing or driving to
the left of such markings would be especially hazardous, no driver
of a vehicle proceeding along such highway shall at any time drive
on the left side of such markings.
C.
The provisions of this section shall not apply to
the driver of a vehicle turning left while entering or leaving such
highway.
The driver of a motor vehicle shall not follow
another vehicle more closely than is reasonable or prudent, having
due regard for the speed of such vehicles and the traffic upon and
the condition of the roadway.
It is unlawful, and unless otherwise declared
in this chapter with respect to particular offenses, it is a traffic
infraction for any person to do any act forbidden or to fail to perform
any act required in this chapter.
A.
The provisions of this chapter shall apply to the
confines and limits of the Village of Phoenix.
B.
The provisions of this chapter shall not apply to
vehicles operated by the Police or Fire Department, nor shall they
apply to other emergency vehicles during the actual course of the
official operation of such vehicles.
[Amended 2-16-1999 by L.L. No. 1-1999; 9-8-2005 by L.L. No.
3-2005; 2-4-2020 by L.L. No. 1-2020]
A.
Offenses involving the provisions of this chapter except § 190-2 are punishable as provided in § 1800 of the Vehicle and Traffic Law.
B.
Offenses involving the provisions of § 190-2 of this chapter shall be parking violations, with the following fines to be assessed for each occurrence:
[Amended 1-16-2024 by L.L. No. 2-2024]
Violation
|
Fine Range
|
---|---|
No parking, sidewalk
|
$0 to $100
|
No parking (official sign)
|
$0 to $100
|
Parked blocking public or public driveway
|
$0 to $100
|
Facing opposite direction
|
$0 to $100
|
Impeding or obstructing flow
|
$0 to $100
|
Handicapped parking
|
$0 to $100
|
No parking on public street (November 1 through April 1, 12:00
midnight to 7:00 a.m.)
|
$0 to $100
|
Parked within 20 feet of a crosswalk
|
$0 to $100
|
Parked outside of a marked parking space
|
$0 to $100
|
All other parking offenses
|
$0 to $100
|
D.
Failure to pay any fines assessed under §§ 190-2 and 190-16 of this chapter may result in immobilization of a vehicle as follows:
(1)
Should
a vehicle have three or more delinquent parking violation tickets
issued by the Village of Phoenix Police Department and said vehicle
is located on a Village street or roadway, a boot may be attached,
immobilizing said vehicle until such time as all delinquent parking
violation tickets are paid, along with an administration fee of $50
to cover the cost of booting and removing boot.
(2)
It
shall be a violation to tamper with or attempt to remove said boot.
Any person who tampers with or attempts to remove a boot shall be
subject to a fine not exceeding $250. Upon proof of payment of all
delinquent parking violation tickets and the administrative fee, the
boot shall be removed from said vehicle.
(3)
Any
police officer who locates a vehicle parking or standing within the
Village of Phoenix public street or roadway known to have three or
more delinquent Village of Phoenix violation tickets may attach a
boot to the vehicle's wheel.
(a)
Said officer shall attach a notice to the windshield of said vehicle
which states: "This vehicle has been immobilized by the Village of
Phoenix for delinquent parking violations tickets. Do not attempt
to remove or tamper with the boot. This may cause damage to the boot
and/or the vehicle. Tampering with the boot is an offense punishable
by a maximum fine of $250. To have the boot removed, contact the Village
of Phoenix Police Department and pay all delinquent parking violation
tickets and an administrative fee of $50."
(b)
After all delinquent parking violation tickets and the administrative
fee have been paid, an officer of the Village of Phoenix Police Department
shall remove the boot from the vehicle.
Notwithstanding any inconsistent provision in
of this chapter to the contrary, pursuant to New York State Village
Law § 20-2002, entitled "Traffic orders, rules and regulations,"
and the New York State Vehicle and Traffic Law § 1603, entitled
"Delegation of powers," the Board of Trustees of the Village of Phoenix
does hereby delegate to the Chief of Police, or to his or her designee,
any powers granted to the Village by the New York State Vehicle and
Traffic Law in Article 39, entitled "Regulation of Traffic by Cities
and Villages," reserving, however, to the Board of Trustees the right
to review, modify, change and/or repeal any such orders, rules or
regulations of the Chief of Police and/or his or her designee.
[Added 2-16-1999 by L.L. No. 1-1999]
It is unlawful and, unless otherwise declared
in this chapter with respect to particular offenses, it is a traffic
infraction for any person to do any act forbidden or fail to perform
any act required in this chapter.
[Added 11-17-1999 by L.L. No. 6-1999]
A.
It is hereby found and determined to be in the best
interest of the health, safety and welfare of the residents of the
Village that the number of the street address of a house or building
of any kind be clearly contrasting in color to the house or building
so as to be clearly visible from the street for location of same by
the Police and Fire Departments of the Village.
B.
Every house or building of any kind that has a street
number address shall display said number, being a minimum of three
inches high for each digit, clearly contrasting in color to the house
or building and clearly visible from the street or road by a person
with average eye vision of 20/20.
[Added 11-7-2023 by L.L. No. 3-2023]
A.
When traffic
control signals are not in place or not in operation, the driver of
a vehicle shall yield the right-of-way, slowing down or stopping if
need be to so yield, to a pedestrian crossing the roadway within a
crosswalk on the roadway upon which the vehicle is traveling, except
that any pedestrian crossing a roadway at a point where a pedestrian
tunnel or overpass has been provided shall yield the right-of-way
to all vehicles.
B.
No pedestrian
shall suddenly leave a curb or other place of safety and walk or run
into the path of a vehicle which is so close that it is impractical
for the driver to yield.
C.
Whenever
any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk
at an intersection to permit a pedestrian to cross the roadway, the
driver of any other vehicle approaching from the rear shall not overtake
and pass such stopped vehicle.