[HISTORY: Adopted by the Town Board of the
Town of Deerpark as indicated in article histories. Amendments noted
where applicable.]
[Adopted by L.L. No. 7-2000]
The Code that follows deals with the regulation
of parking on the streets and highways within the Town of Deerpark.
By adoption of this chapter, the Town of Deerpark declares its intent
to regulate parking on the streets in the Town when such parking may
interfere with snow removal or tend to increase hazards on the highways
in the winter months by parking overnight, without lights or otherwise,
an unattended vehicle. Reference is made to the Vehicle and Traffic
Law of the State of New York, § 1660, Subdivision (a)18,
for the legislative authority to so enact this chapter.
A.
PARK or PARKING
ROAD, ROADWAY, STREET or HIGHWAY (or their plural forms)
VEHICLE, MOTOR VEHICLE or VEHICULAR TRAFFIC
As used in this chapter, the following terms shall
have the meanings indicated:
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 (NYS Vehicle and Traffic
Law § 129).
Pertain to 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 traffic, and to that portion
of a highway improved, designed, marked, or ordinarily used for vehicular
travel, exclusive of the shoulder and slope (NYS Vehicle and Traffic
Law §§ 118 and 140).
Every vehicle operated or driven upon a public highway, which
is propelled by any power other than muscular power (NYS Vehicle and
Traffic Law § 125).
B.
All other words and phrases and definitions of words
as used in the New York State Vehicle and Traffic Law shall be applied
in the enforcement of this chapter.
A.
No person, firm or corporation shall cause to be parked
on any public road or highway or the shoulder or slope of any public
road or highway within the Town of Deerpark any unattended motor vehicle
during the period of time 5:00 p.m. to 7:00 a.m. from November 1 to
April 1, or during any time of wintry precipitation of 2 1/2
inches or more.
B.
This chapter supersedes and replaces Ordinance No.
1-86 of the Town of Deerpark regulating parking on roadways and highways
within the Town.
[Added 10-5-2009 by L.L. No. 2-2009]
A.
It shall
be unlawful to park any portion of a motor vehicle within the driving
lanes of any public road or highway within the Town of Deerpark at
any time.
B.
Penalties
for offenses.
(1)
Any
person who commits or permits any act in violation of the provisions
of this section shall be deemed to have committed an offense against
such section and also shall be liable for any such violation or the
penalty therefor. Each day such violation shall continue or be permitted
to exist shall constitute a violation.
(2)
For
every violation of any provision of this section, the person, firm,
entity or corporation violating the same shall be subject to a fine
of not less than $0 and not more than $150. Such fine shall be payable
to the Town Clerk of the Town of Deerpark.
It shall be unlawful to delay, hinder or obstruct
any vehicle or equipment engaged in the operation of snow plowing
or snow removal upon the public streets after a precipitation of snow
of 2 1/2 inches or more, and thereafter until the streets are
plowed and clear of snow. It shall be unlawful for any person to park
any vehicle upon any public street while said street is being plowed
or cleared unless a person capable of operating it attends such vehicle.
The owner or person in charge or in control of any vehicle standing
in any street shall move, or cause the same to be moved, so as not
to be in the path of the equipment clearing the streets of snow.
A.
Any person who commits or permits any act in violation
of any of the provisions of this chapter shall be deemed to have committed
an offense against such chapter, and also shall be liable for any
such violation or the penalty therefor. Each day such violation shall
continue or be permitted to exist shall constitute a separate violation.
B.
For every violation of any provision of this chapter,
the person, firm or corporation violating the same shall be subject
to a fine of not more than $100 or imprisonment not exceeding 30 days,
or both such fine and imprisonment.
[Adopted 10-18-2021 by L.L. No. 4-2021: [1]]
[1]
Editor's Note: This local law also repealed former Art. II,
Enforcement of Parking Regulations on State Highways, adopted 8-3-2020
by L.L. No. 1-2020.
The Town Board of the Town of Deerpark recognizes the potential
danger created by the improper parking of motor vehicles resulting
from the congregation and illegal/improper parking of numerous motor
vehicles on public roadways and state highways in the Town of Deerpark,
including but not limited to the section of NYS Route 97 commonly
known as "The Hawks Nest," Guymard Turnpike, Prospect Hill Road, and
the section of Hook Road in the vicinity of an access to the Number
2 Bridge. The Town of Deerpark, therefore, deems it appropriate to
control the parking of motor vehicles within the Town in a manner
compatible with the health, safety, and general welfare of the residents
of the Town and the property within the Town as set forth herein.
This Local Law specifically supersedes and replaces the penalties
provided for in previously enacted Local Law Number 7 of 2000; Local
Law Number 2 of 2009; and Local Law Number 1 of 2020,
For the purposes of this article, the following terms are defined
as follows:
Defined as the New York State Department of Transportation.
Defined as the New York State Police, Orange County Sheriff's
Department, and Town of Deerpark Police Department.
For a motor vehicle (all types) to be stopped, for any period
of time, with its engine on or off, whether in a designated area or
on the roadway, for any reason other than to avoid an imminent collision
with a person, other motor vehicle, or other object in or alongside
the roadway.
That portion of a highway immediately adjacent to the side
of a roadway, customarily used for emergency travel or parking/standing.
The State of New York.
All land owned, or leased, by the State of New York, including
state highways and roads and the shoulders thereof, trails and parklands,
and any private land over which the state of New York possesses an
easement.
The Town of Deerpark, Orange County, New York.
A.
Registration and permit. All motor vehicles must be registered and
permitted as required under Title IV of the Vehicle and Traffic Law
of the State of New York.
B.
Parking/standing on state highways. Any motor vehicle shall be permitted
to be parked or standing on state highways, or the shoulders thereof,
only in a manner consistent with signage regulating same and the Vehicle
and Traffic Laws of the State of New York.
The Town of Deerpark hereby authorizes and designates the following
agencies as having the authority and responsibility of enforcing the
provisions of this article, as well as constructing and placing signage
regarding parking of Motor Vehicles:
A.
The Town of Deerpark Highway Department as directed by the Town Board;
B.
The New York State Department of Transportation; and
C.
The State of New York via pertinent provisions of the Vehicle and
Traffic Law as it pertains to issues of parking on state highways
in the Town of Deerpark, Orange County, New York.
For any violation of the terms of this article, prohibited acts,
and conditions of use, the offender shall be liable for a penalty
not less than $100 nor to exceed $500 or a term of imprisonment not
to exceed 30 days, or both, for each separate item and incident in
violation of this article.
A.
In addition to the penalties set forth in this article, a police
officer or peace officer may immediately impound or cause to be removed
the motor vehicle if the identity of the owner/operator is unknown
to the officer and cannot be determined based upon the documentation
(registration information) readily visible upon external inspection
of the motor vehicle.
B.
The period of impoundment for the motor vehicle shall be for such
period of time as is necessary for police purposes, which shall include
the use of the machine for identification in any court action. Any
person wishing to have a motor vehicle released from impoundment must
make a motion before the appropriate court, and said motor vehicle
shall only be released upon court order. Upon said order the motor
vehicle shall be released upon payment of any and all impoundment
fees to the proper authority and/or towing or storage facility.
C.
In the case of a second or subsequent violation by the same person,
the court may order the confiscation of said motor vehicle in lieu
of any fine and/or imprisonment. Any motor vehicle which is confiscated
pursuant to this section will be sold at public auction according
to the appropriate procedures and law affecting public actions by
a municipality.
Nothing herein shall prohibit or excuse the obligation of individuals
to comply with the provisions of the Vehicle and Traffic Law of the
State of New York regarding the vehicles and operation of same herein.
