The enforcement of the provisions of this chapter is hereby
delegated to the Police Commission of the Village of Bath. The Police
Commission is hereby authorized and empowered to designate an officer
of the Village of Bath or an employee or employees of the Village
of Bath whose duty it shall be, at the times designated by the Police
Commission, to collect the coins deposited in parking meters and to
account for the same and to pay the same over to the Village Clerk-Treasurer.
The Police Commission of the Village of Bath is hereby authorized and empowered to designate an officer of the Village of Bath or an employee or employees of the Village of Bath whose duty it shall be to issue summonses for violation of Article
V, Metered Parking, of this chapter.
[Amended 10-10-1987; 4-2-1990; 10-1-1990; 11-18-1991]
A. Every person convicted of a traffic infraction for a violation of
any provision of this chapter or a regulation adopted hereunder restricting
the parking, standing or stopping of motor vehicles or motorcycles
shall be subject to a fine as provided in the following schedule:
[Amended 6-16-2003 by L.L. No. 3-2003; 6-17-2013 by L.L. No.
5-2013; 3-16-2020 by L.L. No. 1-2020]
(1) Definitions related to basic fines.
(a)
A "first violation" is either:
[2]
Any violation occurring at least 18 months and one day after
the latest prior violation.
(b)
A "second violation" is a violation occurring within 18 months
of a first violation when no other violation has occurred since the
first violation.
(c)
A "third violation" is any violation, after a second violation,
occurring within 18 months of a first, second, or subsequent violation.
(2) Schedule.
[Amended 8-17-2020 by L.L. No. 2-2020]
Violation
|
Basic Fine
|
After 7 Days
|
After 14 Days
|
---|
Overtime
|
$10
|
$20
|
$40
|
Limited-time parking zone
|
$10 for first violations
|
Basic fine plus $15
|
Basic fine plus $30
|
$20 for second violations
|
$30 for third violations
|
Double parked
|
$15
|
$30
|
$60
|
Blocking alley
|
$15
|
$30
|
$60
|
Blocking drive
|
$15
|
$30
|
$60
|
2:00 a.m. to 6:00 a.m.
|
$25
|
$40
|
$60
|
Permit area
|
$25
|
$40
|
$60
|
Fire hydrant
|
$25
|
$40
|
$60
|
No parking
|
$15
|
$30
|
$60
|
Improper parking
|
$15
|
$30
|
$60
|
Handicapped space
|
$50
|
$75
|
$100
|
Official signs
|
$15
|
$30
|
$60
|
Other
|
$15
|
$30
|
$60
|
B. Except as provided in Subsection
A above, every person convicted of a traffic infraction for a violation of any provision of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $100 or by imprisonment; and upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
C. In addition to any other penalties or fines imposed for the violation
of this code, the provisions of this section shall apply to vehicles
which have three or more outstanding and unpaid parking violations
issued against them and which, after mailing to the registered owner
four notices, are found operated or parked on any public street, public
highway, any portion of the entire width between the boundary lines
of any way publicly maintained when any part thereof is open to the
use of the public for purpose of vehicular travel, or on any property
leased by or in the possession and control of the Village of Bath.
[Added 3-16-2009 by L.L. No. 1-2009]
(1) Any such vehicle may be removed or caused to be removed under the
direction of a member of the Police Department by towing or otherwise.
Upon inquiry, the Police Department shall notify the owner of such
vehicle where it may be recovered and the conditions under which it
will be released.
(2) Before the owner or person in charge of any vehicle taken into custody
shall be allowed to repossess or to secure the release of said vehicle,
the owner or his/her agent shall pay the following:
(a)
All sums legally due for any Village of Bath parking violations
issued and outstanding against such vehicle.
(b)
The cost of towing, payable to the towing service.
(c)
To the towing service, the cost of storage for each day, or
portions of a day, that such vehicle is so stored in excess of the
first 24 hours.
(3) No such vehicle shall be released until the owner or his agent has
established his identity and right to possession and has signed a
proper receipt therefor.
(4) Any person who, after having his vehicle towed, shall remove such vehicle without complying with Subsection
C(2)(a),
(b) and
(c) above shall, in addition to the charges provided for in said subsection, be subject to a fine of $100.
D. Violations may be appealed by completing a letter of protest form
at the Bath Village Court Clerk's office within 14 days of issuance.
The increase of the original fine is waived upon submission of the
letter of protest form. A date will be scheduled for a first appearance
in Bath Village Court within 30 days to answer the violation. Failure
to appear at the first appearance will result in the issuance of a
citation letter and the original fine will be doubled. A summons will
be issued 40 days after the initial violation date and the original
fine will be doubled. Failure to appear to answer the violation may
result in the issuance of a warrant of arrest and/or suspension of
registration(s) for the registered owner of the vehicle in violation.
[Added 3-16-2009 by L.L. No. 1-2009]