[HISTORY: Adopted by the City Council of the City of Yonkers 4-11-1950 by G.O. No.
16-1950. Amendments noted where applicable.]
When used herein, the following terms shall have the following
meanings:
Every vehicle which is self-propelled.
Any place, lot, parcel, yard or enclosure used in whole or
in part for storing or parking three or more motor vehicles; provided,
however, that garages and other places where motor vehicles are stored
for hire within a building and for which a license fee is paid under
other ordinances of the City of Yonkers, New York, shall be exempt
from the provisions hereof.
An individual, firm, partnership or corporation.
Any parking lot wherein parking facilities are reserved for
certain groups, without charge, and not open for public use.
Any parking lot operated for profit where a storage or parking
fee is charged.
Any parking lot operated in conjunction with a business wherein
customer parking is provided free of charge but where a charge may
be made for noncustomer parking.
[Amended 5-13-1958 by G.O. No. 17-1958]
A.Â
No person shall conduct, operate or maintain a parking lot without
first obtaining a license therefor from the Police Commissioner of
the City of Yonkers; and no license shall be granted until the applicant
shall file in duplicate with said Commissioner and obtain his approval
of a plat or drawing of said parking lot, showing the location; size;
capacity; location and size of driveways; kind of floor or ground
or ground surface; location, size and construction of attendants'
shelter; wall or railing surrounding the lot; location and type of
lighting units; and all other necessary details which said Police
Commissioner may require. Such plat or drawing should also show the
following:
B.Â
Action of the Commissioner approving or disapproving said plat or
drawing shall be completed within 10 days after the filing of said
application.
A.Â
Application for a parking lot license shall be made by the person
or persons intending to operate the parking lot upon forms furnished
by the Police Department and shall set forth the following:
[Amended 11-27-1973 by L.L. No. 7-1973[1]]
(1)Â
The name under which and the place where the parking lot is to be
operated.
(2)Â
Whether the applicant is an individual, firm, partnership or corporation;
if an individual, the name and business and residence address of the
applicant; if a firm or partnership, the name and business and residence
address of each partner; if a corporation, the name, date and state
under which such corporation was organized and whether such corporation
is authorized to do business in the State of New York, the amount
and value of the capital stock issued by such corporation and the
names and business addresses of the officers, managers in charge and
directors thereof.
(3)Â
Whether the premises is owned or leased by the applicant and, if
leased, the name and residence and business address of each owner
or part owner thereof.
(4)Â
The number of motor vehicles which may at any one time be stored
upon the premises.
(5)Â
The hours during which the motor vehicles may be stored.
(6)Â
The hours during which parking attendants will be on duty at the
lot.
(7)Â
A complete schedule of the rates to be charged for storing motor
vehicles.
(8)Â
Such other information as the Police Commissioner may deem advisable.
B.Â
Each application shall be signed and verified under oath by the applicant,
if an individual, or by a duly authorized agent, if a partnership
or corporation.
[Amended 6-13-1950 by G.O. No. 25-1950]
Each application for a public or semipublic parking lot license
shall be accompanied by a liability insurance policy, procured at
the expense of the applicant, with limits of $25,000/$50,000 covering
injury to persons and $5,000 covering damage to property, indemnifying
the City of Yonkers from and against any and all liability or injury
to persons and property arising out of the issuance of a permit for
and the operation of such public or semipublic parking lot. Such insurance
policy shall be approved as to form and validity prior to the issuance
of the permit by the Corporation Counsel.
[Amended 5-13-1958 by G.O. No. 17-1958; 11-27-1973 by L.L. No. 7-1973; 6-28-1983 by G.O. No. 12-1983]
A.Â
The license fee for the operation of a public or semipublic parking
lot shall be in accordance with the following schedule of capacities:
|
Number of Motor Vehicles
|
Fee
| |
|---|---|---|
|
10 or fewer
|
$20
| |
|
11 to 25
|
$25
| |
|
26 to 50
|
$40
| |
|
51 to 100
|
$50
| |
|
101 to 200
|
$75
| |
|
200 to 500
|
$200
| |
|
Over 500
|
$500
|
B.Â
Said fees shall be payable to the Comptroller of the City of Yonkers
for the use of the City upon issuance of the license and annually
thereafter upon the issuance of renewals thereof. Such license and
any renewal thereof shall expire one year from the date of issuance
and may be renewed on application to the Chief of Police within 30
days prior to the expiration date on payment of the proper fee and
upon performance of the other conditions herein contained.
[Amended 11-27-1973 by L.L. No. 7-1973]
The Police Commissioner may revoke any license at any time for
cause, including but not limited to cases where:
A.Â
The licensee has made any false or materially incorrect statement
in his application.
B.Â
The licensee has made any charge for storing any motor vehicle in
a parking lot other than those set forth in his license application.
C.Â
The licensee has violated or permitted the violation of any provision
of this chapter.
D.Â
The licensee has violated or permitted the violation of any provision
of any penal law or ordinance regarding theft, larceny or conversion
of a motor vehicle or the operation of a motor vehicle without the
owner's consent, whether or not such licensee or other person
has been convicted of such offense.
E.Â
The licensee fails to keep an attendant on duty during the times
specified in his application.
F.Â
The license of the licensee or any of its members, officers, managers
or employees has been revoked within five years prior to the issuance
of said license.
[Amended 2-9-1965 by G.O. No. 14-1965]
A.Â
Each person employed in the operation of a parking lot must be licensed
as such. Each applicant for a parking lot employee's license
must fill out, upon a blank form to be provided by the Police Department,
a statement giving his full name, residence, place of residence for
five years previous to moving to his present address, age, color,
height, color of eyes and hair, place of birth, length of residence
in the City, whether married or single and whether he has ever been
convicted of a felony or misdemeanor.[1]
B.Â
The fee for said license shall be $10 per annum, payable upon the
renewal of any license now outstanding or the issuance of any new
license.
[Amended 5-13-1958 by G.O. No. 17-1958]
A.Â
Each public or semipublic parking lot licensee shall maintain at
each entrance to such parking lot a permanently affixed sign suitable
to apprise persons using such parking lot of the name of the licensee,
the hours of the day and/or night during which such place is open
for storing motor vehicles, the rates charged and the closing hours
of such station. Where more than one rate is charged for parking,
the figures for each rate shall be of the same size and dimensions,
and such figures shall measure not less than six inches in height.
B.Â
Where separate rates or charges are made for day parking and for
night parking, the change in rate shall become effective at 6:00 p.m.,
and notice thereof shall be posted on the signs described in the preceding
subsection.
C.Â
Signs giving information as to ownership, rates and operation of
the lot shall be erected on private property only at points of ingress
and egress and on shelter buildings and not on enclosures. They shall
be of sheet metal or comparable material and shall be displayed at
a height of not less than eight feet and not more than 12 feet above
the street level, and under no conditions shall signs be erected in
such a manner as to obstruct the vision of traffic.
D.Â
Parking lots catering to transients rather than weekly or monthly
customers and with a capacity for 25 or more vehicles shall observe
the following regulations:
(1)Â
All entrances and exits shall be clearly illuminated.
(2)Â
All signs shall be uniform in size and sufficiently illuminated.
(3)Â
The color of background and color of letters shall be as specified
by the Police Commissioner.
(4)Â
A sign stating "capacity full" must be posted at the main entrance
to the parking lot when the maximum capacity has been reached.
[Amended 5-13-1958 by G.O. No. 17-1958]
All parking lots shall maintain a suitable fence, wall or other
barrier on all interior lot lines and those abutting public highways
so that motor vehicles cannot be removed from such place except at
the regular established entrances and exits. Barriers shall be of
sufficient height that no portion of the vehicles parked on the lot
shall extend over the property lines.
[Amended 5-13-1958 by G.O. No. 17-1958]
A.Â
Each licensee shall keep the sidewalks surrounding the parking lot
free from dirt, ice, sleet and snow and shall keep the sidewalks in
safe condition for the travel of pedestrians.
B.Â
Persons operating parking lots shall keep the same free from dust
by frequent sprinkling or the use of calcium chloride or other means
so that the same shall not become a nuisance to adjacent property
owners or others. Parking lots shall have a smooth and durable surface,
adequately drained, that will not retain water and that will remain
free of dust or loose particles.
C.Â
The ground surface shall be marked off to indicate the specific locations
of all motor vehicles parked on the lot. No car shall encroach upon
the sidewalk. Sufficient aisle space shall be provided to enable firemen
to reach any parked car with a fire hose.
D.Â
Every parking area shall be maintained in a clean and sanitary condition.
The accumulation of rubbish or the storage of any kind of junk or
waste is prohibited.
[Amended 7-18-1996 by L.L. No. 5-1996]
No building used for any purpose shall be erected on a parking
lot, except that not to exceed one building for the use of attendants
and operation of each parking lot may be permitted, provided that
such building is of a permanent construction, does not exceed 80 square
feet in ground area or one story in height and that the plans for
the same have been approved by the Commissioner of the Department
of Housing and Buildings. Heating of these shelters shall be only
by means of heat generated through the use of electricity, gas or
oil. Shelters are to be maintained in a neat, orderly manner.
[Amended 5-13-1958 by G.O. No. 17-1958; 3-10-2015 by L.L. No. 2-2015]
A.Â
All owners, operators or maintainers of parking lots with a capacity
of more than 25 motor vehicles shall place shielded floodlights or
other type of approved lighting at such locations and in such manner
as will permit owners of cars to have reasonable access to all portions
of such space during the hours of darkness. A certificate approving
the lighting installation and service shall be obtained from the Department
of Housing and Buildings.
[Amended 7-18-1996 by L.L. No. 5-1996]
B.Â
Parking lots which are operated after daylight hours shall be adequately
illuminated. The minimum illumination shall be 1/10 of one watt per
square foot of parking area, distributed over the entire area. The
maximum illumination shall be 5/10 of one watt per square foot of
parking area, distributed over the entire area. Lights shall be provided
with reflectors arranged so that the illumination is directed downward
and away from all adjacent property, so as not to interfere with the
comfort of adjacent residents.
C.Â
The provisions of this section shall not be applicable to parking
lots providing facilities for parking of motor vehicles only during
the daylight hours.
[Amended 5-13-1958 by G.O. No. 17-1958]
A.Â
Each parking lot shall have not more than two entrances and one common
exit over the public sidewalks, which may or may not be combined.
The licensee shall keep such entrances and exits properly attended
at all times during the period the parking lot is in operation for
transient or hourly business after 6:00 p.m. Driveways shall not exceed
26 feet in width at the curb or gutter line; adjacent driveways must
be separated by an island at least six feet in width; and driveways
shall be at least 25 feet from the curbline of any intersecting street.
B.Â
There shall be not more than two curb cuts on any street frontage.
No license shall be issued for a parking lot for which a drop curb
permit has not been issued.
C.Â
The City Engineer, on 10 days' written notice to the City Council,
may waive or grant exceptions or modifications to the dimensions required
in this section, based on consideration of expected turnover, nature
of occupancy, volume and pattern of traffic circulation, vehicle size,
angle of parking, nature of structure and accepted engineering practice.
Such notice must be given at least 10 days before the approval takes
effect. No curb cut will be granted unless permitted by the City Engineer
based upon engineering principles and for the benefit of the City
of Yonkers.
D.Â
The City Engineer, on 10 days' written notice to the City Council,
may waive or grant exceptions or modifications to the dimensions required
in this section, based on consideration of expected turnover, nature
of occupancy, volume and pattern of traffic circulation, vehicle size,
angle of parking, nature of structure and accepted engineering practice.
Such notice must be given at least 10 days before the approval takes
effect. If any member of the City Council objects to the exception
or modification, then the matter is referred to the City Council as
a whole for review and the permit should be granted, denied or modified
within 20 days from receipt.
[Amended 5-13-1958 by G.O. No. 17-1958]
A.Â
Parking lots with a capacity of more than 10 motor vehicles shall
be equipped with proper fire-extinguishing apparatus, subject to the
approval of the Fire Department of the City of Yonkers, New York,
and all motor vehicles shall be so stored that they may readily be
reached in case of fire or other emergency.
B.Â
The quantity of fire-extinguishing apparatus in direct proportion
to number of cars parked should be established by the Fire Commissioner.
C.Â
Apparatus shall be located so as to be clearly visible and should
be screened from the elements.
A.Â
It shall be unlawful for the owner or operator of any parking lot
to move or transfer, or cause to be moved or transferred, any parked
motor vehicle through or upon the streets or alleys of the City of
Yonkers, New York, without written consent of the owner or bailor
thereof. All owners or operators of parking lots shall keep consent
cards on hand for the purpose of obtaining permission from the owner
or bailor of a parked motor vehicle to transfer the same to a new
location. All such consent cards shall be kept in a permanent file
by the owners or operators of parking lots, subject at all times to
inspection.
B.Â
It shall be unlawful to make any use for any purpose whatsoever of
any motor vehicle parked on the premises of any parking place unless
such use shall first be authorized by the owner or bailor of such
vehicle.
A.Â
At the time of accepting a motor vehicle for storing or parking in
a public or semipublic parking lot, the person conducting the same,
his agent, servant or employee shall furnish to such person parking
his motor vehicle a distinctive check, which shall be numbered to
correspond to a coupon placed upon such motor vehicle, which check
shall contain the name and address of the parking lot and upon which
shall be written or stamped the date and the license number of the
motor vehicle.
B.Â
The above provision shall not apply where motor vehicles are stored
on a monthly fee basis.
C.Â
It shall be unlawful to affix any parking tags on any motor vehicle
so as to obliterate in whole or in part any portion of the motor vehicle
license plates on such vehicle.
No licensee shall make any charge for storing any motor vehicle in a parking lot in excess of that set forth in his application for license unless and until he has notified the Police Commissioner, in writing, of the change and obtained approval of such change of rates and posted signs showing such increase in the same manner as set forth in § 36-8 of this chapter.
[Added 11-10-1964 by G.O. No. 61-1964]
The Police Commissioner shall issue, upon application and an
accompanying fee of $4 a month per car, a permit to any resident of
the City of Yonkers to park overnight in Belmont Avenue Municipal
Parking Lot in the City of Yonkers when said lot is not in operation.
A.Â
Each licensee shall be liable for any damage to any motor vehicle
stored or parked in his parking lot by or through his own negligence
or that of his employees. This liability shall not apply while the
vehicle is under the direction and control of the owner. This provision
shall have no application to loss of or damage to personal property
left or contained in motor vehicles, the liability for which may be
disclaimed, limited or regulated by appropriate contractual provisions
contained in the parking ticket, provided that a sign giving notice
to that effect is posted on the parking lot.
B.Â
Each licensee shall immediately notify the police of any claim made
by reason of any loss, theft or conversion occurring upon his premises
or of any claim for damages arising from the operation of his parking
lot.
C.Â
The obligations herein created of any person operating or conducting
a parking lot under the terms of this chapter to the owner of a motor
vehicle parked therein shall not extend beyond the regular posted
hours of attendance as posted upon such parking lot.
[Amended 5-13-1958 by G.O. No. 17-1958]
Any license may be suspended or revoked by the Police Commissioner,
and any application for renewal denied, for the failure of the licensee
to comply with these regulations.
