[1]
Editor's Note: At the discretion of the editor, L.L. No. 6-1985,
adopted 7-8-1985, which did not expressly amend this Code; has been
codified as Division 6 hereof.
[L.L. No. 6-1985, §§ 1, 2]
(a)
Statement of legislative findings.
(1)
It has come to the attention of this Board of Trustees, and
said Village Board finds and declares, that many residential areas
in Tuckahoe are inundated with the parking of vehicles owned by non-area
residents. These nonresidents who park in such areas include:
(2)
The Village Board further finds that the Village of Tuckahoe
is in the unique position of containing within its borders two Metropolitan
Transit Authority (MTA) railroad stations, the Tuckahoe Railroad Station
in the south end of the Village and the Crestwood Railroad Station
in the north end of the Village, which cause considerable traffic,
as well as considerable parking congestion, in the residential areas
of the Village; and that the Village of Tuckahoe, because of its small
size and the fact that residential housing is located directly adjacent
and within easy walking distance of both railroad stations, finds
itself overwhelmed by all-day nonresident vehicle parking on local
streets which nonresident vehicle parking interferes with and deprives
local residents of the reasonable use of their own streets.
(3)
The Village Board further finds that there has resulted from
the foregoing nonresident vehicle parking, serious and hazardous traffic
conditions resulting from the use of streets within residentially
zoned areas for the parking of vehicles by said nonresidents of the
Village.
(b)
Statement of legislative purpose. This division permitting the issuance
of resident parking permits to residents of the Village is intended
to achieve the following:
(1)
To reduce hazardous traffic conditions resulting from the use
of streets within areas zoned for residential uses for the parking
of vehicles by persons using districts zoned for commercial or industrial
uses, or by commuters using either of the two railroad stations to
travel to their jobs, or by students attending nearby schools.
(2)
To protect the residential districts from polluted air, excessive
noise and trash and refuse caused by the entry of such vehicles; to
protect the residents of those districts from unreasonable burdens
in gaining access to their residences; to preserve the character of
those districts as residential districts; to promote efficiency in
the maintenance of those streets in a clean and safe condition; to
preserve the value of the property in those districts; and to preserve
the safety of children and other pedestrians and traffic safety and
the peace, good order, comfort, convenience and welfare of the inhabitants
of the Village.
(3)
To promote and encourage Village residents whose homes contain
driveways to continue to utilize said driveways to park their vehicles
inasmuch as the parking of said vehicles on the street would defeat
the very purpose of this division.
(4)
It is the opinion and decision of the Board of Trustees that
it is in the best interest of the Village and its residents, in light
of the foregoing legislative findings set forth in Subsection (a),
to regulate parking of vehicles in the Village.
[L.L. No. 6-1985, § 3; L.L.
No. 2-1998, § 1]
As used in this Division 6, the following terms shall have the
meanings indicated:
The residential owner or owners or residential tenant or
tenants of or in a dwelling whose mailing address fronts upon a restricted
parking zone, as hereinafter defined.
A decal or sticker issued by the Village Clerk or designee
to an area resident to be affixed to the residents automobile.
Those streets, except streets in areas zoned for commercial
or retail use, where vehicular parking is regulated by the posting
of two-hour and four-hour time limit signs in the area bounded by
(1) the southerly corporate boundary between the Village of Tuckahoe
and the Village of Bronxville to Midland Avenue; (2) Midland Avenue
to its intersection with Winter Hill Road; (3) Winter Hill Road from
its intersection with Midland Avenue to its intersection with Main
Street; (4) Marbledale Road from its intersection with Main Street
to a point where it intersects with the northerly corporate boundary
between the Village of Tuckahoe and the Town of Eastchester; (5) the
northerly corporate boundary between the Village of Tuckahoe and the
Town of Eastchester to the westerly corporate boundary between the
Village of Tuckahoe and the City of Yonkers; and (6) the westerly
corporate boundary between the Village of Tuckahoe and the City of
Yonkers to the southerly corporate boundary between the Village of
Tuckahoe and the Village of Bronxville; provided, however, that such
two- or four-hour parking signs shall not be posted in an area of
not less than 20% of the restricted parking zone and parking in such
area shall be available to vehicles that do not have a resident parking
permit.
The Village Clerk of the Village of Tuckahoe.
[L.L. No. 6-1985, § 5; L.L.
No. 2-1998, § 2]
The Village Clerk or designee shall issue a resident parking
permit to an area resident who files an application and meets all
of the requirements of this Division 6. The application and resident
parking permit shall be in such form as said Clerk determines. Said
Clerk may require any proof of residency which is determined to be
necessary before issuing a resident parking permit.
[L.L. No. 6-1985, § 6; L.L.
No. 17-1987, § 1; L.L. No. 2-1998, §§ 3, 4,
5, 6]
(a)
Resident parking permits shall be placed on the rear windshield and
are not transferable.
(b)
Area residents may be issued a resident parking permit upon submission
to the Village Clerk of at least the following proof: a valid vehicle
registration showing place of residence and a signed affidavit or
application form as prepared by the Village Clerk that said applicant
does in fact reside at said residence in the Village of Tuckahoe.
(c)
Senior citizens will be given a special identification sticker which
would allow them privileges of parking at the senior citizens center
and at special events throughout the Village.
(d)
The fee for the resident parking permit shall be determined and set
by the Board of Trustees with each sticker valid for the year June
1 to May 31, and said permit must be renewed annually. When said vehicle
is sold or disposed of, it shall be the owner's responsibility to
remove the resident permit and provide proof of removal when applying
for a new sticker.
(e)
No area resident shall give or sell a permit to another person or
otherwise allow it to be placed on a vehicle other than the vehicle
listed on the permit application. Any area resident who violates the
provisions of this subsection shall be liable for a fine of $50, shall
have such permit revoked and shall not be entitled to be issued a
new permit for a period of one year after such revocation.
(f)
Each household in the Village shall be permitted a maximum of one
resident parking permit if there are two vehicles in the household
or two resident parking permits if there are three vehicles in the
household, it being assumed that in most instances at least one of
the household vehicles can be placed off-street in the family garage
or driveway.
(g)
If a demonstrated hardship exists where a household neither has a
garage or driveway to park any of its vehicles, the Village, in its
discretion may issue two resident permits to a two-vehicle household
and three resident permits to a three-vehicle household.
(h)
For a vehicle to be eligible for a resident parking permit, a Village
resident must furnish proof of ownership either in the form of a registration,
for a personally owned vehicle, or a letter on company letterhead,
for a vehicle owned by the resident's employer but utilized as a company
car on a regular basis by the resident employee.
(i)
Vans and other vehicles with commercial license plates shall not
be eligible for resident parking permits.
(j)
The fees, if any, that are collected by the Village for resident
parking permits shall be credited to the general fund.
(k)
The Village may revoke the resident parking permit of any area resident
when it is found that a false or fraudulent application has been filed
or it is found that the resident parking permit was improperly or
wrongfully issued. The Village Clerk shall provide notice of such
revocation, and the effective date of such revocation shall be the
date of such notice. Such notice shall provide that the resident parking
permit shall be removed from the vehicle or vehicles.
[L.L. No. 6-1985, § 4; L.L.
No. 2-1998, §§ 5, 7, 8, 9]
(a)
Only vehicles properly exhibiting a resident parking permit as issued
by the Village Clerk shall be permitted to park in restricted parking
zones in excess of the posted two-hour or four-hour limit between
the hours of 7:00 a.m. to 7:00 p.m. on weekdays.
(b)
The fine or fines for violations of § 21-145(a) or any other provision of this Division 6 shall be designated by the Board of Trustees by resolution adopted at a regularly scheduled meeting of the Board of Trustees. A list of such fines shall be maintained by the Village Clerk and Police Department. Notice of the amount of the fines established in accordance with this subsection shall be provided on all parking tickets, summonses and notices of violation.
[L.L. No. 1-2002, § 3; L.L.
No. 13-1987, § 1]
(a)
For purposes of this § 21-146 a "scofflaw" shall be an individual, corporation or other entity which has any outstanding and unpaid parking violations issued by the Village of Tuckahoe against them or any vehicle registered in their name.
(b)
The Village may revoke the permit of any area resident who is listed
on the records of the Village as a scofflaw. The Village Clerk shall
provide notice of such revocation, and the effective date of such
revocation shall be the date of such notice. Such notice shall provide
that the permit holder shall remove the permit from the vehicle.
(c)
Area residents who have had their permits revoked may apply for and
be issued a new permit if they:
[L.L. No. 8-1993, § 2]
(a)
Restrictions.
(1)
No vehicle that displays or has visible the following, or any
dump truck, shall be permitted to be parked or stored on the street
or on any public or private property in the Residence A-10 and Residence
A-5 Zoning Districts in the Village, except if such vehicle is stored
in an enclosed garage.
a.
Signs or lettering.
b.
Ladders, equipment, tools or machinery.
c.
Debris or supplies.
d.
Temporary or permanent carrying racks designed and/or used for
the carrying or storage of any items listed in Subsection (a)(1)a,
b and c above, except that racks installed by the original manufacturer
at the time of assembly of the vehicle shall be permitted.
(2)
Any covering of the items listed in Subsection (a)(1)a, b, c
and d above by any means shall not excuse such vehicle from the foregoing
restrictions.
(3)
The restrictions described in Subsection (a)(1) and (2) above
shall not apply when such vehicle is parked on a temporary basis when
the operator of the vehicle is in the process of delivering or rendering
services to premises in the immediate vicinity or is the owner or
tenant of the premises in the immediate vicinity and such parking
period does not exceed two hours.
(b)
No commercial vehicle, including any step-van, trailer, semi-trailer,
tractor, bus, vehicle bearing commercial license plates or vehicle
bearing commercial advertising shall be parked or stored at any time
in the Residence A-10 and Residence A-5 (One-Family) Zoning Districts,
including without limitation during the day or overnight or on Saturday
or Sunday or on any holiday, observed or celebrated, at any residential
premises, unless such commercial vehicle is stored in a garage, except
that such commercial vehicle may be parked on a temporary basis when
the operator of the vehicle is in the process of delivering or rendering
services to premises in the immediate vicinity or is the owner or
tenant of the premises in the immediate vicinity and such parking
period does not exceed two hours.
(c)
The owner, as of January 1, 1994, of any commercial vehicle prohibited from being parked or stored at any residential premises in the Residence A-10 and Residence A-5 (One-Family) Zoning Districts pursuant to § 21-147(b) above may continue to park or store said vehicle or any replacement for said vehicle, provided that said replacement vehicle is of similar size, weight and configuration, at said residential premises, so long as said vehicle owner is die owner or legal resident of the residential premises at which said vehicle is stored, and provided that such owner registers with the Building Department by January 1, 1994, and provides evidence of ownership of the vehicle and ownership of or legal residence at the residential premises satisfactory to the Building Department and demonstrates, by evidence satisfactory to the Building Department, that such owner does not have a garage or cannot otherwise comply with the storage requirements of § 21-147(b) above. Such registration shall be filed on an annual basis between January 1 and January 15 of each year. Any vehicle that is registered pursuant to this Subsection (c) shall still be required to comply with the storage requirements of § 21-147(a) above. The registration provisions of this Subsection (c) shall only be available to owners of vehicles described in § 21-147(b) as of January 1, 1994. The provisions of § 21-147(a) and (b) shall strictly apply to all vehicles acquired or used by all owners and occupants of residential premises after such date.
