[HISTORY: Adopted by the Board of Trustees of the Village
of Buchanan as indicated in article histories. Amendments noted where
applicable.]
[Adopted 7-18-1988 by part of L.L. No. 11-1988 (Ch. 48, Art.
II, of the 1971 Code)]
All local laws heretofore adopted by the Board of Trustees of
the Village of Buchanan, and all resolutions of said Board hereinafter
adopted, establishing or in any other way dealing with parking of
vehicles on public streets in the Village of Buchanan are herein and
hereby adopted, enacted and incorporated by reference as if the same
were hereinafter set forth in full and with the same force and effect
as if separately stated.
The Village Clerk shall and must maintain in his or her office separate schedules of all the resolutions of the Board of Trustees dealing with the exercise of powers regarding the parking of vehicles in the Village of Buchanan set forth in § 189-12 of Article II of this chapter, as well as separate schedules of all local laws heretofore adopted by the Board of Trustees dealing with the regulation of parking on the public streets of Buchanan. Said schedules shall be public records, open to inspection by any member of the public at any time during regular business hours of the office of the Village Clerk.
Except in an emergency or when directed to do so by a policeman,
no vehicle shall be stopped or left standing or parked under any of
the following conditions:
A.
In any space designated by police as "No Parking, Bus Stop" except
for the purpose of taking on or discharging passengers and for such
length of time only as may be necessary for such purpose.
B.
In such manner as to obstruct the entrance of any driveway.
C.
Within 10 feet of any crosswalk or street crossing or alley.
D.
Within 15 feet of any fire hydrant unless personally attended by
some person capable of driving, with the motor running and in a position
to be moved promptly in case of emergency.
E.
In any space designated by police as a handicapped parking area except
for the purpose of taking on or discharging passengers and for such
length of time only as may be necessary for such purpose.
[Amended 11-1-2016 by L.L. No. 3-2016; 1-2-2024 by L.L. No. 2-2024]
A.
Upon the prediction of snow and ice accumulation of two or more inches
of snow, no vehicle of any kind shall be allowed to remain standing/parked
on any street or public highway until the snow has ended and the road
has been cleared of snow. Vehicles must be relocated to off-street
locations and may be parked on the Village right-of-way area directly
in front of the vehicle owner's residence, except that vehicles
may not be parked on any part of a street, sidewalk, or curb. All
vehicles in violation of this subsection are subject to fines and/or
towing at the owner's expense.
B.
Limited parking due to snow emergencies will be announced by the
Mayor or his/her designee who will publicly declare a snow emergency
to exist and will notify residents via Code Red and other social media
platforms including, but not limited to, the Village of Buchanan website.
A.
Except where angle parking is authorized, every vehicle stopped,
standing or parked wholly upon a two-way roadway shall be so stopped,
standing or parked with the right-hand wheels of such vehicle parallel
to and within 12 inches of the right-hand curb or edge of the roadway.
B.
Except where angle parking is authorized, every vehicle stopped,
standing or parked wholly upon a one-way roadway shall be so stopped,
standing or parked parallel to the curb or edge of the roadway in
the direction of authorized traffic movement with its right-hand wheels
within 12 inches of the right-hand curb or edge of the roadway or
its left-hand wheels within 12 inches of the left-hand curb or edge
of the roadway.
C.
Except where angle parking is authorized, every vehicle stopped,
standing or parked partly upon a roadway shall be so stopped, standing
or parked parallel to the curb or edge of the roadway. On a one-way
roadway, such vehicle shall be facing in the direction of authorized
traffic movement; on a two-way roadway, such vehicle shall be facing
in the direction of authorized traffic movement on that portion of
the roadway on which that vehicle rests.
D.
No person shall park a vehicle upon any highway for the purpose of:
E.
When parking is not otherwise restricted, no person shall park a
commercial vehicle upon any Village-dedicated street or highway within
the Village of Buchanan for a period of in excess of three hours.
F.
No person shall park a vehicle upon any Village-dedicated street
or highway within the Village of Buchanan unless it is properly registered
and the current number of plates with tag, if required, issued for
the vehicle are properly displayed thereon.
G.
No person shall park any trailer or semitrailer on any Village-dedicated
street or highway within the Village of Buchanan except while loading
or unloading at off-street platforms, unless such trailer or semitrailer
is attached to a motor vehicle capable of towing it.
H.
No person shall park a bus at any time on any Village-dedicated street
or highway within the Village of Buchanan unless authorized by signs,
except that a chartered bus may park where parking is otherwise permitted
at the point of destination.
[Amended 1-2-2024 by L.L. No. 2-2024]
A.
Any person violating any provisions under this article shall, upon
conviction, be punished by a minimum fine of $50 per violation and
a maximum fine not exceeding $250 for each offense.
B.
Any person violating any of the provisions of this article as hereinbefore provided in Subsection A of this section and who, upon conviction, has been found to be a second or multiple offender of that applicable offense within 36 months of the last conviction or convictions shall be punishable by a fine which shall be no less than $100.
C.
The owner or operator of any motor vehicle parked in violation of §§ 189-4, 189-5 and 189-6, in addition to any other penalties which may be imposed, shall be liable for any expenses incurred by the Village in towing said unlawfully parked motor vehicle, such charges not to exceed the actual cost incurred, together with any charges for storage, such storage charges being the customary fees charged by the towing company.
[Adopted 7-5-1988 by L.L. No. 12-1988 (Ch. 50 of the 1971
Code)]
This article shall be known as a law providing for safety of
motor vehicle operation on Village roads and highways and for regulation,
maintenance and management of vehicular safety in public places with
respect to the movement of traffic, parking and ingress and egress.
This article shall not apply to individual residential lots.
It is the aim of the Board of Trustees of the Village of Buchanan
to promote the public health, welfare and safety of its residents
by:
A.
Regulating the use and operation of motor vehicles upon the streets,
highways and public places accessory to or connected with industrial,
commercial, professional, educational and recreational facilities
and other services or facilities accessible to the public.
B.
Regulating the management and maintenance of vehicular safety, avenues
of access, main arteries and parking spaces for motor vehicles.
C.
Disposing of unattended and abandoned motor vehicles in fire lanes
or other public places or zones duly marked as restricted by the Police
Department or any other public road or public areas similarly restricted
during periods of public emergency by a Village of Buchanan agency
in the interest of safety or during the winter season where the same
impedes or interferes with snow removal or safe motor vehicle traffic.
D.
Exercising the powers granted to the Board of Trustees pursuant to
the Vehicle and Traffic Law of the State of New York.
A.
The words and phrases used in this article shall, for the purposes
of this article, have the meanings respectively ascribed to them by
Article 1 of the Vehicle and Traffic Law of the State of New York.
B.
PARKING
As used in this article, the following terms shall have the meanings
indicated:
The standing or waiting within the highway of any vehicle
not actually engaged in taking up or setting down passengers or merchandise,
except such vehicles as may be delayed by the stopping of traffic
or other emergency.
C.
All words, terms and phrases used herein not specifically defined
in either the Vehicle and Traffic Law of the State of New York or
herein shall have their usual meaning in the English language.
A.
The registered owner of a vehicle shall be presumed to be prima facie
responsible for compliance with any requirement of this article and
to be prima facie responsible for any nonmoving violation hereof,
except that it shall be a defense that the vehicle has been previously
reported to, and recorded by, police as stolen.
B.
The erection of a sign exercising any powers hereinbefore or hereinafter
set forth shall constitute prima facie evidence of a rule, resolution
or regulation duly adopted by the Board of Trustees of the Village
of Buchanan and filed in the office of the Village Clerk authorizing
the same.
C.
The specification of a particular rule or regulation herein shall
be presumed to be in addition to and not by way of limitation of any
rules or regulations heretofore or hereafter enacted by resolution
of the Board of Trustees of the Village of Buchanan or any local laws
heretofore enacted by the same, dealing in any way with the matters
or subjects included within the scope of this article.
The Board of Trustees of the Village of Buchanan shall hereafter,
by resolution, as it sees fit, direct the appropriate Village agency
to:
A.
Order signs erected directing slow-moving traffic, trucks, buses
or specified types of vehicles to use a designated lane.
B.
Determine those highways or portions of highways which shall be marked
to indicate where overtaking and passing or driving to the left of
the roadway would be especially hazardous in accordance with the standards,
minimum warrants and sign or marking specifications established by
the State Traffic Commission.
C.
Prohibit or regulate the operation and the stopping, standing or
parking of vehicles in public parks.
D.
Provide for the removal and storage of vehicles parked or abandoned
on highways during snowstorms, floods, fires or other public emergencies
or found unattended where they constitute an obstruction to traffic,
or any place where stopping, standing or parking is prohibited, and
for the payment of reasonable charges for such removal and storage
by the owner or operator of any such vehicle.
E.
Establish a system of truck routes upon which all trucks, tractors
and tractor-trailer combinations having a gross total weight in excess
of 10,000 pounds are permitted to travel and operate and excluding
such vehicles and combinations from all highways except those which
constitute such truck route system. Such exclusions shall not be construed
to prevent the delivery or pickup of merchandise or other property
along the highways from which such vehicles and combinations are otherwise
excluded. Any such system of truck routes shall provide suitable connection
with all state routes entering or leaving such Village.
F.
Prohibit, restrict or regulate the operation of vehicles on any highway
in the Village pursuant to, and subject to the limitations contained
in, the Vehicle and Traffic Law of the State of New York.
G.
Prohibit or regulate the turning of vehicles or specified types of
vehicles at intersections or other designated locations.
H.
Regulate the crossing of any roadway by pedestrians.
I.
Designate any highway or any separate roadway thereof for one-way
traffic.
J.
Exclude trucks, commercial vehicles, tractors, tractor-trailer combinations
and trucks in excess of any designated weight from designated highways.
K.
Prohibit, restrict or limit the stopping, standing or parking of
vehicles.
L.
Designate safety zones.
M.
Designate county roads and Village highways as through highways and
order stop signs, flashing signals or yield signs erected on county
roads or Village highways at specified entrances to such through highways
or designate any intersection, except those where one or more entering
highways is a state highway maintained by the state, as a stop intersection
or a yield intersection and order like signs or signals at one or
more entrances to such intersections.
N.
Regulate traffic by means of traffic control signals.
O.
Authorize angle parking on any roadway.
P.
Prohibit, restrict or limit the stopping, standing or parking of
vehicles upon property owned or leased by the Village.
Q.
Adopt such additional reasonable ordinances, orders, rules and regulations
with respect to traffic as local conditions may require, subject to
the limitations contained in the various laws of the County of Westchester
and the State of New York.
A.
All local laws heretofore adopted by the Board of Trustees of the
Village of Buchanan, and all resolutions of said Board hereinafter
adopted, establishing or in any other way dealing with specific traffic
control signals, one-way roadways, crosswalks, turning movements,
stop and yield intersections, parking, both as to location and time,
truck routes, pavement markings, safety zones, lane designations,
truck excluded routes, vehicle speeds, etc., are herein and hereby
adopted, enacted and incorporated by reference as if the same were
hereinafter set forth in full and with the same force and effect as
if separately stated.
The Village Clerk shall and must maintain in his or her office separate schedules of all resolutions of the Board of Trustees dealing with the exercise of traffic control powers set forth in § 189-12, as well as separate schedules of all local laws heretofore adopted by the Board of Trustees dealing with the exercise of traffic control. Said schedules shall be public records, open to inspection by any member of the public at any time during regular business hours of the office of the Village Clerk.
The Village of Buchanan Highway Department and/or the Police
Department of the Village of Buchanan shall install and maintain traffic
control devices when, as and where required by direction of the Board
of Trustees of the Village of Buchanan, under the provisions of this
article, to make effective the provisions of said article, and may
install and maintain such additional traffic control devices, by direction
of the Board of Trustees of the Village of Buchanan, as the Board
may deem necessary to regulate, warn or guide traffic under the Vehicle
and Traffic Law of the State of New York, all subject to the provisions
of §§ 1682 and 1684 of that law.
A.
No person shall operate a motor vehicle or motorcycle upon any public
highway within the Village of Buchanan at a rate of speed in excess
of 30 miles per hour. This subsection shall not apply to ambulances,
fire vehicles or police vehicles when on emergency trips.
B.
The Board of Trustees of the Village of Buchanan fixes as a speed
limit 15 miles per hour for all motor vehicles when traveling within
school speed zones during the school noon hour, school recess or while
children are going to or leaving school during opening or closing
hours when such limit and zone are properly signposted. As used in
this subsection, "school speed zone" means that portion of the highway
passing a school building and extending not more than 300 feet along
such highway in either direction from the building line of a school
abutting on the highway.
A.
It shall be unlawful for any driver of a motor vehicle to overtake
and pass or drive to the left on any highway in the Village of Buchanan
where it is marked on said highway by a double line.
B.
It shall be unlawful, except in an emergency, for any driver of any
motor vehicle or a motorcycle, while proceeding along any highway
in the Village of Buchanan where it is marked on said highway by a
double line, to drive across the double line marked on the highway
surface, except where the double line consists of a solid line and
a broken line and the broken line is on the same side as the vehicle.
C.
The system of pavement markings adopted by the New York State Traffic
Commission, as the same may be hereafter modified or amended, is hereby
adopted and shall be applied to the streets in the Village of Buchanan
where the Board of Trustees deems it necessary.
A.
No persons shall fail, neglect or refuse to comply with any lawful
instruction, direction or regulation displayed upon a post, standard,
sign or device installed or placed by the Police Department for the
regulation, direction or instruction of traffic in any street or public
place in the Village of Buchanan.
B.
The limitations contained in this section shall not apply to drivers
of vehicles turning left into or from a private road, private drive
or entrance to private property.
Except to allow another vehicle or pedestrian to cross its path
or when in an emergency or when so directed by the police, no vehicle
shall stop in any street except close to the curbline or pavement
edge nor in such a way as to obstruct the free movement of traffic.
A.
Any other provision notwithstanding, any police officer of the Village
of Buchanan is hereby authorized and empowered to issue or cause to
be issued a summons, returnable in the Justice Court of the Village
of Buchanan or any other court of competent jurisdiction, for any
motor vehicle in violation of the traffic and safety provisions of
this article.
B.
Every person convicted of a traffic infraction for a violation of
any provision of this article 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
for not more than 45 days, or by both such fine and imprisonment;
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
$100 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
C.
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not exceeding 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this article shall constitute, for each day the
offense is continued, a separate and distinct offense thereunder.
D.
Notwithstanding any other provision of this article, any violation
hereof which constitutes a misdemeanor under the Vehicle and Traffic
Law shall be punished in the manner as provided by the Vehicle and
Traffic Law of the State of New York.
[Added 6-17-1991 by L.L. No. 5-1991]
A.
No person shall operate a semitrailer or semitrailer combination,
as defined in § 143 of the New York State Vehicle and Traffic
Law, on Bleakley Avenue from its intersection with Broadway to the
intersection of New York State Route 9A. This prohibition shall not
apply to emergency vehicles or vehicles making local deliveries.
