[Amended 5-17-2011 by L.L. No. 2-2011]
The purpose of this chapter shall be to improve
and promote the health, safety and general welfare of the community
pertaining to traffic regulations at parking areas, which are regularly
used by the public within the Town of Greece, to adopt reasonable
rules and regulations with respect to traffic and parking in such
areas as local conditions may require for the safety and convenience
of the public or of the users of the area, to regulate winter parking
based upon the findings of the Greece Town Board that the leaving
of vehicles on Town streets during periods of snowfall has hindered
and obstructed the Commissioner of Public Works in snow removal operations,
and that the leaving of vehicles on streets within the Town during
snowstorms causes hazards to persons using the streets. Accordingly,
pursuant to the authority granted under New York State Vehicle and
Traffic Law Article 41, Regulation of Traffic by Towns, §§ 1660,
1660-a, 1662-a, 1663 and 1664, under New York State Vehicle and Traffic
Law Article 42, Regulation of Traffic by Local Authorities and School
Districts, § 1670, under New York State Vehicle and Traffic
Law Article 32 and in accordance with the Municipal Home Rule Law,
the Town Board of the Town of Greece does hereby regulate the parking
of vehicles within the Town of Greece.
The following words and phrases when used in
this chapter shall, for the purpose of this chapter, have the meanings
respectively ascribed to them in this section:
ALL-NIGHT PARKING
The parking of any vehicle on Town or county streets between
12:00 midnight and 8:00 a.m. for any length of time.
PARK or PARKING
The standing of a vehicle, whether occupied or not, other
than temporarily for the purpose of and while actually engaged in
loading or unloading.
PERSON
Every natural person, firm, copartnership, association or
corporation.
STANDING
Any stopping of a vehicle, whether occupied or not.
STOP
When required, a complete cessation of movement.
STOPPING
When prohibited, any halting, even momentarily, of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer,
flagperson or other person duly empowered to regulate traffic, pursuant
to New York State Vehicle and Traffic Law § 1102, or a traffic
control sign or signal.
STREET or STREETS
Includes the paved portion of all highways, roads and streets,
including all shoulders, whether paved or unpaved, within the Town,
excluding tree lawns as designated by the Commissioner of Public Works
which tree lawns are adjacent to shoulders.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, excepting baby carriages
and devices used exclusively upon stationary rails or tracks.
[Amended 3-21-2000 by L.L. No. 2-2000; 12-21-2004 by L.L. No. 3-2004; 4-21-2009 by L.L. No. 1-2009; 5-17-2011 by L.L. No. 2-2011]
A. Establishment of fire lanes. Pursuant to the authority granted under New York State Vehicle and Traffic Law Article 41, Regulation of Traffic by Towns, §§ 1660, 1660-a, 1662-a, 1663 and 1664, under New York State Vehicle and Traffic Law Article 32 and in accordance with the Municipal Home Rule Law, the Town Board of the Town of Greece does hereby designate and establish fire lanes of 30 feet in width around the perimeter of a building at all shopping centers and buildings used for commercial, educational, or industrial purposes, and said perimeter shall be maintained by the property owner and be kept open at all times for the movement of emergency vehicles and other traffic. The thirty-foot width shall be measured from the curbline, if established or existing. If no curbline exists, then the thirty-foot width for the fire lane shall be measured from the edge of the building or buildings where such widths will not conflict with the setback requirements of Chapter
211, Zoning. In the event of a conflict with such setback and boundary line requirements, the location and width of said fire lane shall be determined by the Code Enforcement Officer, the Fire Marshal, the Building Inspector or his/her designee so as to provide reasonable access to the building for emergency vehicles. In all cases, fire lanes shall be of such construction as determined by the Code Enforcement Officer, the Fire Marshal, the Building Inspector or his/her designee and shall be located so as to be accessible to the nearest public road or highway. The Fire Marshal shall approve the location, width, layout and construction type of all fire lanes and access roads.
B. Posting of signs to regulate parking. The owners of
shopping centers, industrial facilities, office parks or school district
properties in the Town of Greece, upon approval by the Code Enforcement
Officer or his designee, are authorized to erect or post a sign or
signs regulating parking within such shopping center or office park.
[Amended 3-21-2000 by L.L. No. 2-2000]
Any vehicle may be removed or ordered removed
by person(s) outlined in § 146-3C of this chapter and/or
by the Town of Greece Commissioner of Public Works if it is:
A. Parked in a fire lane, pursuant to this chapter, Chapter
114, Fire Prevention and Building Construction, or state fire codes.
B. Abandoned, pursuant to New York State Vehicle and
Traffic Law § 1224.
C. Unattended, pursuant to New York State Vehicle and
Traffic Law § 1210, where it constitutes an obstruction
to emergency traffic or any place where stopping, standing or parking
is prohibited by law.
D. Parked in violation of a posted sign regulating parking
within a shopping center or office plaza.
After removal of any vehicle, by persons in §
146-4, Impounding of vehicles, whichever authority may have effectuated said removal shall have the vehicle stored in a designated storage area at the expense of the owner. Such owner or person with legal authority to redeem the vehicle may redeem the same upon payment of all expenses and charges actually and necessarily incurred for such removal and storage and by fulfilling all of the requirements of New York State Vehicle and Traffic Law § 1204(d).
[Amended 4-21-2009 by L.L. No. 1-2009]
Members of the Department of Public Safety,
the Code Enforcement Officer, the Fire Marshal, the Building Inspector
or their designees and the Commissioner of Public Works shall, without
delay, report the removal and the disposition of any vehicle removed
by him/her, as provided in this chapter, to the Town of Greece Police
Department, and it shall be the duty of said Town police to ascertain
to the extent possible the owner or person with legal authority to
redeem any vehicle removed and stored pursuant to this chapter and
to notify said person(s) of the removal and disposition of such vehicle
and of the lawful way to redeem the same.
[Amended 3-21-2000 by L.L. No. 2-2000; 1-15-2002 by L.L. No. 1-2002; 5-17-2011 by L.L. No. 2-2011]
A. Definitions. As used in this section, the following
terms shall have the meanings indicated:
PERMANENT DISABILITY
A "severely disabled" person is any person with one or more
of the permanent impairments, disabilities or conditions listed below,
which limit mobility:
(3)
Limited or no use of one or both legs.
(4)
Unable to walk 200 feet without stopping.
(5)
Neuromuscular dysfunction that severely limits mobility.
(6)
Class III or IV cardiac condition (American Heart Association
standards).
(7)
Severely limited in ability to walk due to an arthritic, neurological
or orthopedic condition.
(8)
Restricted by lung disease to such an extent that forced (respiratory)
expiratory volume for one second, when measured by spirometry, is
less than one liter, or the arterial oxygen tension is less than 60
mm/hg of room air at rest.
(9)
Has a physical or mental impairment or condition not listed
above which constitutes an equal degree of disability, and which imposes
unusual hardship in the use of public transportation and prevents
the person from getting around without great difficulty.
TEMPORARY DISABILITY
A person with a temporary disability is any person who is
temporarily unable to ambulate without the aid of an assisting device.
Examples of an assisting device include, but are not limited to, a
brace, cane, crutch, prosthetic device, another person, wheelchair
or walker. Temporary permits are issued for six months or less, regardless
of expected recovery date.
B. A person shall be eligible for a handicapped parking
permit upon submittal of a completed application for a parking permit
to the Town Clerk. The application for a permanent parking permit
must be certified by either a medical doctor, doctor of osteopathy,
physician’s assistant, nurse practitioner or, in cases involving
podiatry, a doctor of podiatric medicine. Applications for a temporary
disability may be certified only by a medical doctor or doctor of
osteopathy.
C. Handicapped
parking permits shall be used to park in reserved parking spaces only
when the person with the disability is driving or riding in the vehicle.
Any person who abuses any privilege, benefit, precedence or consideration
arising from possession of the license plates or permit may have it
revoked
D. Parking
spaces reserved for people with disabilities must be marked with conspicuous
and permanently installed abovegrade signs displaying the wheelchair
symbol. These signs are positioned at a height of five feet to seven
feet above the parking space surface. Designation of reserved spaces
may include the use of blue painted lines or markings.
E. Authority
and regulations for handicapped parking. Pursuant to the authority
granted under New York State Vehicle and Traffic Law § 1660-a
and the authority granted the Town of Greece under the Municipal Home
Rule Law, the Town Board of the Town of Greece does hereby provide
the following with regard to handicapped persons:
(1) Each
building servicing the public in the Town of Greece must provide a
sufficient number of parking spaces for the handicapped as set forth
in New York State Uniform Fire Prevention and Building Code Section
1102.4(a) and (b). Such buildings servicing the public shall include,
but not be limited to, shopping centers, malls, plazas, multiple dwellings,
retail stores, public buildings and restaurants.
(2) No
person shall park a vehicle in a parking space designated for parking
for handicapped persons without displaying a valid official parking
permit for handicapped persons or an official license plate for handicapped
persons of any state. Parking is strictly prohibited in the striped
area adjacent to handicapped parking spaces and identified by an official
traffic control device, regardless of whether or not a parking permit
is displayed.
(3) Any vehicle found in violation of this chapter may be impounded pursuant to §§
146-4,
146-5 and
146-6 of this chapter.
[Amended 5-17-2011 by L.L. No. 2-2011]
A. The parking
of vehicles is hereby prohibited on all Town and county streets within
the Town of Greece between the hours of 12:00 midnight and 8:00 a.m.
and between the dates of November 1 and April 15.
B. No vehicles
shall be parked on the streets of the Town of Greece:
(1) Without
the vehicle displaying a valid and current certificate of registration.
(2) Without
the vehicle displaying a valid and current inspection sticker.
(3) Less
than 15 feet from a fire hydrant.
(4) Leaving
the vehicle unattended with the engine running.
(5) More
than 12 inches from the curb.
(8) With
the left side of the vehicle next to the curb.
(9) Less
than 20 feet from a crosswalk or intersection.
(10) Within
30 feet from a traffic control device.
(11) Parked in a fire lane, pursuant to this chapter, Chapter
114, Fire Prevention and Building Construction, or state fire code.
(12) Abandoned,
pursuant to New York State Vehicle and Traffic Law § 1224.
(13) Leaving
a vehicle unattended, pursuant to New York State Vehicle and Traffic
Law § 1210, where it constitutes an obstruction to emergency
traffic or any place where stopping, standing or parking is prohibited
by law.
(14) In
violation of a posted sign regulating parking within a shopping center
or office complex.
C. No vehicles
shall be parked in any parking areas and driveways of a hospital,
office building complex or place of public assembly, or parking area
of a shopping center or the parking areas and driveways of facilities
owned or leased by a not-for-profit corporation or the parking areas,
driveways and private streets or roadways of a private apartment house
complex, private condominium complex or cooperative apartment complex,
or the parking areas, private streets, roadways or driveways of mobile
home parks or manufactured home parks, or the parking areas and driveways
of a fire station, or the parking area, private streets, roadways
or driveways of an industrial park or industrial complex:
(1) Less
than 15 feet from a fire hydrant.
(2) Leaving
the vehicle unattended with the engine running.
(3) More
than 12 inches from the curb.
(6) With
the left side of the vehicle next to the curb.
(7) Less
than 20 feet from a crosswalk or intersection.
(8) Within
30 feet from a traffic control device.
(9) Parked in a fire lane, pursuant to this chapter, Chapter
114, Fire Prevention and Building Construction, or state fire code.
(10) Abandoned,
pursuant to New York State Vehicle and Traffic Law § 1224.
(11) Leaving
a vehicle unattended, pursuant to New York State Vehicle and Traffic
Law § 1210, where it constitutes an obstruction to emergency
traffic or any place where stopping, standing or parking is prohibited
by law.
(12) In
violation of a posted sign regulating parking within a shopping center
or office complex.
D. No parking
is allowed in a designated handicapped parking space unless a valid
handicapped parking permit is visible, or the vehicle has handicapped
license plates, issued by the New York State Department of Motor Vehicles.
Any violation of this chapter, adopted pursuant
to the New York State Vehicle and Traffic Law § 1660-a,
and of the New York State Municipal Home Rule Law, shall constitute
a traffic infraction within the meaning of New York State Vehicle
and Traffic Law § 1800.
[Added 5-17-2011 by L.L.
No. 2-2011]
The Town of Greece Department of Public Safety, Police Department,
Code Enforcement Officer, Building Inspector, Fire Marshal or their
designees or any of their (public safety, police or Fire Marshal)
enforcement officers or assistants are authorized and directed to:
A. Enforce
all of the provisions of this chapter.
B. Prohibit,
regulate, restrict or limit the stopping, standing or parking of vehicles
in specified areas of the parking area.
[Amended 3-21-2000 by L.L. No. 2-2000; 12-21-2004 by L.L. No.
3-2004; 5-17-2011 by L.L. No. 2-2011]
A. Any vehicle found in violation of this chapter may be impounded pursuant to §§
146-4,
146-5 and
146-6 of this chapter.
B. In addition to the penalties and other mandates promulgated
herein for the enforcement of this chapter, the following parking
violations will carry fines as determined by the Town Board from time
to time, for the following specific offenses:
|
Offense
|
Town Code Reference
|
State Law Reference
(Vehicle and Traffic Law)
|
---|
|
Handicapped zone
|
|
§ 1203-c(4)
|
|
Fire lane
|
|
|
|
Unattended vehicle, engine running
|
|
|
|
Less than 15 feet from fire hydrant
|
|
§ 1202(b)
|
|
Shopping centers/office parks - No Parking
|
|
|
|
No standing
|
|
|
|
No parking
|
|
|
|
Winter parking — Parking
|
|
|
|
Bus stop parking
|
|
|
|
Abandoned vehicle
|
|
|
|
|
6 hours
|
|
|
|
|
24 hours
|
|
|
|
|
48 hours
|
|
|
|
|
96 hours on private property
|
|
|
|
Blocking or on sidewalk
|
|
§ 1202(a)(1)(b)
|
|
Left side to curb
|
|
§ 1203(a)
|
|
More than 12 inches from curb
|
|
§ 1203(b)
|
|
Less than 20 feet from crosswalk or intersection
|
|
§ 1203(a)(2)(b)
|
|
Blocking driveway
|
|
§ 1202(a)(2)(a)
|
|
Within 30 feet of traffic control device
|
|
§ 1202(a)(2)(c)
|
|
Unregistered motor vehicle
|
§ 146-8.1A
|
|
|
Uninspected motor vehicle
|
§ 146-8.1B
|
|
C. Every person convicted of a violation of this section of this chapter or rule or regulation adopted pursuant to said chapter shall be punished by a fine pursuant to §
146-10 of this chapter. Said fine, if not paid, shall double after 15 days, triple after 30 days and quadruple after 60 days.
D. Penalties following a hearing.
(1) For persons found guilty after a hearing, a penalty
may be fixed by the judge in an amount not to exceed the maximum fine
permitted by this chapter or New York State Vehicle and Traffic Law
Title IX, Article 45, § 1800. If not otherwise stated, the
fines will be set by the court, not to exceed $250.
(2) Upon a showing of good cause, made by the respondent
under oath, any scheduled penalties may be reduced by a judge.
E. In addition to the above, the court may issue a warrant
if a person fails to appear before the court.
F. If the fine is not paid within 60 days of issuance
of the notice of violation (parking summons), a default judgment will
be entered against the respondent for civil collection. The default
judgment will include an additional penalty of $50 for each violation.
G. Scofflaw certification.
(1) Any person who has been issued three summons pursuant
to this chapter in the preceding 18 months and has not satisfied the
same with the Town of Greece will be certified a scofflaw.
(2) The Town of Greece will notify the New York State
Department of Motor Vehicles, pursuant to New York State Vehicle and
Traffic Law Article 14, § 401, Subdivision 5a, and Article
20, § 514, Subdivision 4-a.
The provisions of the chapter are in addition to those set forth in Chapter
114, Fire Prevention and Building Construction, §
114-13, Supplementary provisions and requirements for fire prevention and protection, Subsection A(1), (2), (3) and (4)(a), (b) and (c), which will be enforced pursuant to that chapter.
Payment of the fine of a parking summons constitutes
a plea of guilty to the specified violation. A plea of guilty to a
charge is equivalent to a conviction after trial. Failure of a person
to respond to any charge within 60 days shall be deemed an admission
of liability to the charge.
This chapter shall not be construed to hold
any enforcement officer of the Town of Greece responsible for any
damages to persons or property by reason of the issuance of a parking
summons or other sections of this chapter while exercising his/her
discretion as provided by this chapter.