[HISTORY: Adopted by the Town Board of the Town of Marilla 5-12-2011 by L.L. No.
2-2011.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 381.
Storage of vehicles and equipment — See Ch. 671.
[1]
Editor's Note: This local law also amended former Ch.
428, Vehicles and Traffic, adopted 4-3-1967, comprised of Art. I,
Parking, in its entirety.
For the purpose of this article, the words "vehicle," "owner"
and "park" shall have the meanings as defined in the Vehicle and Traffic
Law of the State of New York.
No person shall park a vehicle or any portion thereof upon any
sidewalk or between the sidewalk and curb or between the sidewalk
and the parking lane on any street which has no curb.
No person shall park a vehicle upon any roadway of any street
for the express purpose of displaying such vehicle for sale.
No person shall park any vehicle under his control between no-parking
signs or permit the same to stand between no-standing signs which
are placed on the street by the police to control the parking or standing
of vehicles at funerals, weddings or church services or where street
repair work is taking place or utility lines are being repaired or
where an accident has occurred or other Town-sponsored events.
No person shall permit any vehicle under his control to be parked
or to stand in the following places:
The parking of vehicles is hereby prohibited on all county roads
and Town highways within this Town between 2:00 a.m. and 8:00 a.m.,
from November 15 to April 1.
Notwithstanding the provisions of this article, the parking
and standing of school buses for the purpose of loading and/or unloading
of passengers shall be permitted in the following places which are
hereby designated as "school bus loading and unloading zones."
[Amended 4-12-2012 by L.L. No. 3-2012]
No person shall park any vehicle within 15 feet of a fire hydrant
except when such vehicle is attended by a licensed operator, seated
in the front seat, who can move the vehicle immediately in case of
emergency.
In case of violation of any of the parking or no-parking provisions hereof, the Town is hereby authorized to hire a tow car and cause any such vehicle parked in violation of the provisions hereof to be towed away to some suitable place within the Town. Any such vehicle shall remain in the custody of the Town until the towing charges are paid. In parking violations, the provisions of this section do not take the place of the provisions of § 428-11 hereof, but are in addition thereto.
A.
No person shall park, stand, store or leave a motor vehicle upon
any publicly or privately owned premises or property, parking areas
or parking lots, excluding roads and highways, without the consent
and permission of the owner or lessee of such premises.
B.
Signs.
(1)
Parking lot or parking area.
(a)
To effectuate the prohibition on such premises as above described,
a conspicuous sign or signs shall be posted at the entrances to such
parking lot or parking area informing the public as to the permitted
conditions of parking thereof. A sign as hereinafter described shall
be deemed substantial compliance with this section:
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PARKING RESTRICTED (six inches)
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EXCEPT FOR_LIST PERSONS OR CONDITIONS PERMITTED ONLY) (four
inches)
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ALL OTHERS KEEP OUT (six inches)
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UNDER PENALTY OF LAW (two inches)
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POLICE ENFORCEMENT (two inches)
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(2)
Such sign or signs shall be at least three feet high by four feet
wide, with red lettering of a size not less than above indicated upon
a white background. The words "police enforcement" and "under penalty
of law" on such signs shall be construed, among other things, to mean
a request by the owner or lessee that the police or special patrolmen
shall enforce the provisions of this section against persons parking,
standing, storing or leaving vehicles on such premises without the
consent of the owner or lessee, and that the police are authorized
to enter upon such premises to enforce the provisions of this article.
Such sign or signs shall state the conditions of parking or the persons
authorized by the owner or lessee to use said premises for parking,
or both; and persons not included within such authorization or violating
the regulations and conditions set out on said signs shall be deemed
to be using said premises unlawfully without the authority and consent
of the owner or lessee.
(3)
Parking prohibited.
(a)
Where an owner of premises desires to prohibit completely parking
thereon, he may notify the public to that effect by a conspicuous
sign or signs placed on said premises stating in substance:
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NO PARKING
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POLICE ENFORCEMENT
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UNDER PENALTY OF LAW
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(b)
Such sign shall be not less than two feet in height by three
feet in width, with red lettering not less than four inches high upon
a white background. Any person who parks or leaves a vehicle on such
posted premises shall be deemed in violation of this section.
C.
This section may be enforced by the police or special patrolmen in
the same manner as elsewhere provided for in this article for the
enforcement of traffic or parking ordinances, including the use of
tags, summonses and towing and any other procedure authorized by law.
D.
Proof of ownership of a vehicle shall be presumptive evidence in
an action for enforcement of this section that the owner parked or
caused his vehicle to be parked on such premises.
E.
If such premises adjoin or abut upon a building or structure whose
entrances or exits open upon such parking area, no vehicle shall be
left parked, standing or placed in such manner as to obstruct such
entrances or exits, and a clear unobstructed passage shall be maintained
and left open from such entrances or exits to the street or public
right-of-way; such passageway shall be equal in width to the width
of said entrances or exits in each instance, but in no case shall
be less than five feet wide, and shall permit persons to enter and
leave such building or structure with safety. A sign attached to such
building or structure at the place of such entrances or exits shall
inform users of such parking area as to such restrictions, and failure
to obey the regulations herein contained shall be deemed a violation
of this section.
F.
On demand of the police, any owner or lessee requesting police enforcement
of this article shall furnish to the police a statement, in writing,
signed by him or his agent, to the effect that a specified vehicle
was unlawfully parked, stored or left upon his premises at a certain
time or during a certain period without his consent or permission,
and such owner or lessee shall be available to testify to such facts
in court at the request of the police. Failure of an owner or lessee
to comply with the request of the police, as above set out, shall
be sufficient cause for the Chief of Police or his subordinates to
cease enforcing of this article at the premises of such owner or lessee
who fails to give the cooperation required herein.
Every person convicted for a violation of any of the provisions
of this article shall be punished for a first conviction by a fine
of not less than $25 nor more than $250 or by imprisonment not to
exceed 15 days, or by both such fine and imprisonment; for a conviction
of a second violation, both of which were committed within 18 months,
by a fine of not less than $50 nor more than $300 or by imprisonment
not to exceed 15 days, or by both such fine and imprisonment; and
upon conviction of a third or subsequent violation within a period
of 18 months, by a fine of not less than $100 nor more than $400 or
by imprisonment for not more than 15 days, or by both such fine and
imprisonment.
As used in this article, the following terms shall have the
meanings indicated:
Every ambulance, police vehicle, fire vehicle, civil defense
emergency vehicle and ordnance disposal vehicle of the armed forces
of the United States.
Any vehicle engaged in the delivery and/or loading of merchandise,
supplies or other material or the rendering of services to stores
or business establishments.
Any vehicle that is issued a special license plate under
§ 404-a of the Vehicle and Traffic Law of the State of New
York or is issued a special parking permit under § 1203-a
of the Vehicle and Traffic Law of the State of New York.
The operation or parking of an authorized emergency vehicle
when such vehicle is engaged in transporting a sick or injured person,
pursuing an actual or suspected violator of the law or responding
to or working or assisting at the scene of an accident, authorized
emergency training exercise, disaster, police call, alarm or fire
or other emergency. Emergency operation shall not include returning
from such service.
Any zone or area established as such pursuant to this article.
Any handicapped parking area or space established as such
pursuant to this article.
Any person eligible to have his vehicle specially registered
pursuant to § 404-a of the Vehicle and Traffic Law of the
State of New York or eligible for a special parking permit under § 1203-a
of the Vehicle and Traffic Law of the State of New York.
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.
A person who resides in the Town of Marilla or pays real
property taxes to the Town of Marilla.
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.
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
or traffic control sign or signal.
The Town of Marilla situated in Erie County in the State
of New York.
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.
This article applies only to fire lanes and handicapped parking
spaces established by the Town Board or its designee pursuant to this
article or any amendment thereto.
The following restrictions are hereby imposed on parking within
the Town of Marilla:
A.
The stopping, standing or parking of any vehicle in any area established
by the Town Board of the Town of Marilla or its designee and marked
"Fire Lane" within the geographical limits of the Town of Marilla
is hereby prohibited unless herein and hereafter expressly permitted.
B.
The stopping, standing or parking of any vehicle in any area established
by the Town Board of the Town of Marilla or its designee and marked
"Handicapped Parking," except by vehicles that have been issued special
license plates under § 404-a or special parking permits
under § 1203-a of the Vehicle and Traffic Law of the State
of New York is hereby prohibited.
A.
The prohibitions contained in § 428-14A hereof shall not apply to:
(1)
Commercial vehicles parked at loading docks or service entrances
to stores or business establishments while said commercial vehicles
are actively engaged in the delivery and/or loading of merchandise,
supplies or other material or the rendering of services to such stores
or business establishments.
(2)
Authorized emergency vehicles engaged in emergency operation within
the particular location of the fire lane.
(3)
All public transit buses, such as NFTA buses, or any other services
to persons or property within the particular location of the fire
lane.
A.
The Town Board or its designee shall designate any area at, on or
near any interior street, roadway, driveway or parking area in which
any obstruction due to the parking or placing therein of any vehicle
or any other physical object will cause interference with the ingress
and egress of fire-fighting equipment or authorized emergency vehicles
or which will create a condition dangerous to life or property in
the event of fire. The Town Board or its designee shall also designate
parking spaces or areas reserved for handicapped persons in accordance
with the requirements of § 1203-c of the Vehicle and Traffic
Law of the State of New York.
B.
The designated areas shall thereupon be marked with standard signs
and/or other markings and signs which conform to accepted sign standards
as set forth in the New York State Manual of Uniform Traffic Control
Devices and which are deemed necessary and proper by the Town Board
or its designee.
C.
Signs and markings shall be installed by and at the expense of the
owner of the property within 120 calendar days after receipt of official
written notice by the Town Board or its designee designating and depicting
areas and locations of such signs and markings.
D.
In the event that any owner refuses or fails to install any and all
required signs and markings within 120 calendar days of receiving
said official notice, the Town shall promptly perform the required
work, and the Town Board or its designee shall provide for the assessment
of all costs and expenses so incurred by the Town in connection with
any such action taken, to become a lien against the land on which
such signs and markings are located.
Notwithstanding the provisions of § 428-18:
A.
Any person, persons, firm, association, partnership or corporation violating the provisions of § 428-14A of this article shall be guilty of a traffic infraction and shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $250.
B.
Any person, persons, firm, association, partnership or corporation violating the provisions of § 428-14B of this article shall be guilty of a traffic infraction and shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $250 for the first offense and not less than $50 nor more than $250 for the second offense occurring within a period of two years within the Town of Marilla.
A.
The enforcement of this article and rules and regulations promulgated
pursuant thereto will be by the Code Enforcement Officer or Fire Marshal
and by such special persons as may be from time to time authorized
by the Town Board of the Town of Marilla in addition to any duly authorized
law enforcement officer of the State of New York.
B.
Any vehicle stopped, standing or parked in a fire lane or any vehicle
without a special handicapped license plate or special parking permit
in a designated handicapped parking area may be removed therefrom
and stored at the direction of the Town of Marilla. The owner or operator
of such vehicle shall be liable to the Town of Marilla or its designee
for the payment of reasonable charges for such removal and storage
of any such vehicle.
