[HISTORY: Adopted by the Council of the City of Mount Vernon
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-10-1958 as Ch. 100 of the General Ordinances, approved 12-18-1958]
This article shall be known and cited as the "Traffic Code."
The following words and phrases, when used in this article,
shall, for the purpose of this article, have the meanings respectively
ascribed to them in this section. Whenever any words and phrases used
in this article are not defined herein but are defined in the Vehicle
and Traffic Law of the State of New York or any other state laws regulating
the operation of vehicles, any such definition shall be deemed to
apply to such words and phrases used in this article.
That portion of any street between intersections.
The Commissioner of Public Safety of the City of Mount Vernon.
A space adjacent to a curb and duly designated as reserved
for exclusive use of commercial vehicles during the loading or unloading
of freight.
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.
[Added 11-22-1961, approved 11-24-1961]
That part of any street or of any municipal parking area
designated by ordinance or regulation as a place for the parking of
vehicles.
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.
[Added 11-22-1961, approved 11-24-1961]
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.
[Added 11-22-1961, approved 11-24-1961]
This article shall apply to all persons, all vehicles and all
highways in the City and to all other persons, objects or areas in
the City coming within its provisions.
It shall be unlawful for any person to do any act forbidden
or to fail to perform any act required by this article or by any regulation
duly promulgated or required by the terms or restrictions of any official
traffic sign or signal erected or maintained pursuant to the provisions
of this article or otherwise by law.
A.
No driver of any motor vehicle or motorcycle shall drive or operate
such vehicle upon any highway of the City at a rate of speed in excess
of 30 miles per hour, except that where official signs are posted
indicating a lesser or greater speed, the speed shall not exceed the
rate so posted.
[Amended 10-7-1964, approved 10-8-1964]
B.
The violation of the preceding Subsection A shall be punishable by a fine not exceeding $100 or by imprisonment for not exceeding 30 days, or by both such fine and imprisonment, for a conviction of a first offense; by a fine of not less than $50 nor more than $200 or by imprisonment for not exceeding 90 days, or by both such fine and imprisonment, for conviction of a second offense committed within a period of 18 months; by a fine of not less than $100 nor more than $500 or by imprisonment for not exceeding 180 days, or by both such fine and imprisonment, for conviction of a third or subsequent offense committed within a period of 18 months.
[Amended 11-8-1961, approved 11-9-1961]
A.
No driver shall make a U-turn at any intersection or upon any street
or portion thereof where official signs are posted declaring that
such turns are prohibited.
B.
No U-turn, where permitted, shall be made at a time or in such manner
as to interfere with the right-of-way of pedestrian or vehicular traffic.
[Added 1-12-1977, approved 1-13-1977]
A.
No driver shall make a right turn at an intersection upon a red signal
from the traffic device where official signs are posted declaring
that such turns are prohibited.
B.
No right turn upon a red signal from a traffic device, where permitted,
shall be made at a time or in such a manner as to interfere with the
right-of-way of pedestrian or vehicular traffic.
C.
The Commissioner of Public Safety is hereby authorized to cause to
be erected, from time to time, signs prohibiting right turns upon
a red traffic signal at those intersections throughout the City where,
in his discretion, such signs are required for the safety of schoolchildren
and senior citizens or where such turns would create a traffic hazard.
Such signs may be erected pursuant to § 1111(d)2 of the
Vehicle and Traffic Law of the State of New York.
D.
A list, certified by the Commissioner of Public Safety, of all intersections
within the City where signs prohibiting a right turn on red traffic
signals have been erected, shall be filed with the City Clerk, the
Clerk of the City Court and the Corporation Counsel.
No person shall drive through nor interfere with, hinder, obstruct
or impede in any way whatsoever any line of persons during a fire
drill.
[Added 6-26-1991, approved 6-27-1991]
No person shall park a vehicle on a public highway or in a parking
space located within the City unless said vehicle bears:
A.
No person shall stop, stand or park a vehicle in any emergency access
area or cleaning area as defined by the Code of the City of Mount
Vernon.
B.
No person other than an operator of a duly licensed taxicab shall
stop, stand or park a vehicle in any area defined by the Code of the
City of Mount Vernon as a "taxicab stand."
[Added 11-22-1961, approved 11-24-1961; amended 12-14-1966, approved 12-15-1966]
A.
Whenever snow falls in the City of Mount Vernon during any period
of 24 hours or less to a depth of three inches or more, the same shall
be considered a public emergency in that such storm constitutes a
serious public hazard, impairing transportation of people, food and
fuel supplies, impairing medical care, fire, health and police protection
and other vital services and facilities of the City. Such emergency
is hereby declared to continue until snow removal operations have
been declared substantially completed by the Commissioner of Public
Works.
B.
Parking restrictions in aid of snow removal. It shall be unlawful
to delay, hinder or obstruct any vehicle or equipment engaged in the
operation of snowplowing or snow removal on the streets of the City
of Mount Vernon. It shall be unlawful to stop, stand or park or to
permit to remain standing, stopped or parked any vehicle upon any
street of the City of Mount Vernon, New York, while such street is
being cleared of snow.
C.
Impounding unattended or illegally parked vehicles. Whenever during
such snowstorms or during floods, fires or other public emergencies
a vehicle is found on any street parked or unattended so as to constitute
obstruction to traffic or snow removal operations, fire-fighting equipment
and other emergency-fighting equipment or where stopping, standing
or parking is prohibited, such vehicle or vehicles may be removed
or conveyed by or under the direction of the Department of Public
Works or the Fire Department, by means of towing the same or otherwise,
to such place where such vehicle or vehicles shall not obstruct traffic,
snow removal operations or fire-fighting operations. Such removal
shall be at the risk of the owner of such vehicle.
D.
Penalties.
(1)
Any person, firm, partnership or corporation, or any officer, member,
agent, servant or employee of any firm, partnership or corporation,
violating any of the provisions of this section shall be deemed guilty
of a traffic infraction as defined by the Vehicle and Traffic Law
of the State of New York.
(2)
Every person convicted of a traffic infraction for a violation of
any of the provisions of this section 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
$250 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
[Added 12-14-1966, approved 12-15-1966; amended 2-8-1967, approved 2-9-1967; 5-10-1972, approved 5-11-1972; 4-8-1998, approved 4-9-1998; 2-8-2023, approved 2-8-2023]
A.
COMMERCIAL VEHICLE
PARK or PARKING
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Every type of motor vehicle, as defined in the New York State
Vehicle and Traffic Law, operated or driven upon a public highway
used for business purposes. Commercial vehicles shall further include
tractor-trailers, tractor-trailer combinations, semitrailers, privately
owned military vehicles, backhoes, excavators, rollers, tractor cranes,
truck cranes, power shovels, road-building machines, road sweepers,
sand spreaders, buses, or any other vehicle being used for a commercial
purpose.
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, except adjacent to
a business establishment where vehicles are waiting to load or unload
merchandise or passengers in the course of normal business operations
where such business is located.
B.
Restriction of parking; permit costs; signage.
(1)
Restriction. No commercial vehicle shall be parked on any street
within the City limits between the hours of 7:00 p.m. and 6:00 a.m.
unless in an area designated for commercial vehicle parking and the
vehicle contains a valid permit for commercial parking issued by the
Clerk's office of the City of Mount Vernon. This shall not apply
to vehicles that are in the process of loading or unloading.
(2)
Cost. The Clerk's office shall set the cost of daily, monthly
and yearly permits annually. Permits are nontransferable.
(3)
Signs. The Department of Public Safety is hereby authorized and directed
to erect signs at each and every entrance to the City of Mount Vernon,
indicating no parking for all vehicles over the weight of 5,500 pounds
and commercial vehicles on any public highway in the City of Mount
Vernon between the hours of 7:00 p.m. and 6:00 a.m. When official
signs prohibiting parking are erected at the entrances to the City
of Mount Vernon as authorized herein, no person shall park a vehicle
over the weight of 5,500 pounds or a commercial vehicle upon any street
in the City of Mount Vernon in violation of such signs.
C.
Commercial vehicle parking zones. The Department of Public Safety
is hereby authorized and directed to designate commercial vehicle
parking zones in the City of Mount Vernon. The Department of Public
Safety shall erect signs at each and every lot and/or zone designed
for commercial parking.
D.
The provisions of this section prohibiting parking of vehicles between
the hours of 7:00 p.m. and 6:00 a.m. shall not relieve any person
from the duty to observe other and more restrictive provisions prohibiting
the parking of vehicles in specified places or at specified times.
E.
Penalties.
(1)
Any person, firm, partnership or corporation, or any officer, member,
agent, servant or employee of any firm, partnership or corporation,
violating any of the provisions of this section shall be deemed guilty
of a traffic infraction as defined by the Vehicle and Traffic Law
of the State of New York.
(2)
Any vehicle in violation of any of these provisions may be subject
to ticketing, towing, and/or booting. Any person violating any of
the provisions of this section may, upon conviction, be punished in
accordance with penalties as fixed by the City Judge of the City of
Mount Vernon, provided that such penalties are within the limits established
as penalties for such offense or infraction.
[Added 1-14-1970, approved 1-19-1970]
A.
The Commissioner of Public Safety is hereby authorized to cause to
be removed or to provide for the towing away or removal of vehicles,
at the risk of the owner, to a garage, automobile pound or other place
of storage within the City, as follows:
(1)
Any vehicle parked or abandoned on any street or part thereof designated
a snow emergency route when such street or part thereof is closed
to traffic or upon which parking of vehicles is prohibited, restricted
or limited by direction of the Mayor or Commissioner of Public Safety
during a snowstorm or in order to remove snow from or plow such street
or part thereof.
(2)
Any vehicle stopped or standing unattended on any street or highway
within the City so as to obstruct traffic.
(3)
During snowstorms, floods, fires or other emergency, any vehicle
abandoned on any street or highway of the City, illegally parked or
parked, stopped or standing contrary to the direction of a police
officer under Subdivision (a) or (b) of § 1602 of the Vehicle
and Traffic Law.
(4)
Upon specific request of the owner or agent of the premises affected,
any vehicle parked or standing unattended on street or highway within
the City at the entrance to a driveway, public or private, so as to
obstruct or delay the ingress or egress of any vehicle into or from
such driveway.
[Added 4-9-1975, approved 4-10-1975]
(5)
Any vehicle illegally parked or abandoned in a municipal parking
lot owned, leased or operated by the City of Mount Vernon and/or the
Mount Vernon Parking Authority.
[Added 10-25-1978, approved 10-26-1978]
(6)
Any vehicle, including trailers and semitrailers, found where stopping,
standing or parking is prohibited.
[Added 3-10-1982, approved 3-11-1982]
(7)
Any vehicle without a current, valid handicapped parking permit as defined in § 256-27 of this chapter found stopping, standing or parking in locations designated as handicapped parking spaces.
[Added 10-13-1982, approved 10-14-1982]
(8)
With respect to the parking areas and driveways of a hospital or
fire station or private condominium complex, parking area of a shopping
center and parking area and private streets or roadways of a private
apartment house complex, and upon the written request of the owner,
person in charge of the operation and control of the area, or Fire
Chief of the City, any vehicles:
[Added 10-23-1985, approved 10-24-1985]
B.
Notice of removal and disposition. It shall be the duty of the Commissioner
of Public Safety or his designee to ascertain the identity of the
last registered owner of the vehicle and to notify him personally
or by registered or certified mail of the removal and disposition
of such vehicle and all the charges which must be paid by the owner
to redeem the same.
C.
Storage and charges; redemption. In addition to any other penalties
provided therefor:
[Amended 4-23-1980, approved 4-24-1980; 3-10-1982, approved 3-11-1982; 3-9-1988, approved 3-10-1988]
(1)
The owner or person in charge of a vehicle, excluding trailers and
semitrailers, which has been towed away or otherwise removed to a
garage, automobile pound or other place of storage may redeem the
same upon payment to the City towing contractor of a towing or removal
charge not to exceed $40, together with a charge for storage, such
storage charge not to exceed $5 per day for the first five days and
$10 per day for each day thereafter or fraction thereof, and an additional
charge of $25 for administrative costs will be paid to the Department
of Public Safety.
(2)
The owner or person in charge of a trailer or semitrailer which has
been towed away or otherwise removed to a garage, automobile pound
or other place of storage may redeem the same upon payment to the
City towing contractor of a towing or removal charge not to exceed
$100, together with a charge for storage, such storage charge not
to exceed $50 per day for the first five days and $100 per day for
each day thereafter or fraction thereof, and an additional charge
of $25 for administrative costs will be paid to the Department of
Public Safety.
D.
Penalties.
[Amended 5-10-1972, approved 5-11-1972]
(1)
Any person, firm, partnership or corporation, or any officer, member,
agent, servant or employee of any firm, partnership or corporation,
violating any of the provisions of this section shall be deemed guilty
of a traffic infraction as defined by the Vehicle and Traffic Law
of the State of New York.
(2)
Any person violating any of the provisions of this section may, upon
conviction, be punished in accordance with penalties as fixed by the
City Judge of the City of Mount Vernon, provided that such penalties
are within the limits established as penalties for such offense or
infraction.
[Added 3-11-1987, approved 3-12-1987]
A.
The Commissioner of Public Safety is hereby authorized to impound
any vehicle which has three or more outstanding or unpaid parking
violations issued against it and only such vehicle and which is found
operating or parked on any street within the City or any way publicly
maintained when any part thereof is open to the public for purposes
of parking or vehicular traffic or on any property leased by or owned
by the City of Mount Vernon.
[Amended 8-8-2012, approved 8-9-2012]
(1)
Any such vehicle may be towed away or removed, at the risk of
the owner, to a garage, automobile pound or other place of storage
within the City.
(2)
In addition to or in lieu of removal, any such vehicle may be
immobilized by use of a device or other mechanism which will cause
no damage to such vehicle unless moved when such device or mechanism
is in place. In any case involving immobilization of a vehicle pursuant
to this section, the Commissioner of Public Safety shall cause to
be placed on such vehicle, in a conspicuous manner, notice sufficient
to warn any individual of the effect that any attempt to move such
vehicle might result in damage to such vehicle.
B.
Notice of impoundment and disposition. It shall be the duty of the
Commissioner of Public Safety or his designee, within 48 hours, to
make every effort to ascertain the identity of the last registered
owner and to notify him personally or by registered or certified mail
of the immobilization, removal and disposition of such vehicle and
all charges which must be paid by the owner to redeem the same.
C.
Release of vehicle.
(1)
Before the owner or person in charge of any vehicle impounded
pursuant to this section shall be allowed to repossess or secure the
release of said vehicle, the owner or his agent shall pay:
(2)
In lieu of payment, the owner or person in charge of such vehicle
may post a bond in an amount sufficient to provide security for the
payment of all fines and fees listed in this subsection.
(3)
No such vehicle shall be released until the owner or person
in charge of such vehicle has established his identity and right to
possession and has signed a proper receipt therefor. No such vehicle
shall be released to any person who does not have a valid driver's
license and an insurance identification card indicating current insurance
coverage for such vehicle.
D.
Penalty. If, after a vehicle has been impounded pursuant to this section, any person shall remove such vehicle without complying with Subsection C or shall do any damage to the immobilization device, then the owner of such vehicle and the person removing such vehicle or doing such damage, in addition to any other fines or penalties provided for under this section, shall be liable for any damage done to the immobilization device or mechanism and shall be subject to a fine of not less than $300. In the case of the registered owner, a rebuttable presumption of guilt shall attach. Such presumption shall prevail until the contrary is established, and the burden of proving the contrary shall be placed on the registered owner.[1]
[Amended 8-8-2012, approved 8-9-2012]
[1]
Editor's Note: Former Subsection E, regarding a post-impound
hearing, was repealed 8-8-2012, approved 8-9-2012.
[Added 3-23-1994, approved 3-24-1994]
A.
Written notice.
(1)
If a vehicle, other than an abandoned vehicle as defined in
the Vehicle and Traffic Law § 1224, Subdivision 1, remains
unclaimed for at least 15 days after being towed pursuant to the Traffic
Code, the Commissioner shall give written notice of removal to the
last registered owner and any lienholder of record of said unclaimed
towed vehicle, if such can be ascertained with reasonable diligence,
by certified and regular mail. Such notice shall state:
(a)
The date of towing and the place of storage; and
(b)
That if the vehicle is not claimed within 15 days, it will be
sold at a public auction under the direction of the Comptroller or
the Comptroller's designee within 40 days from the date of notice
or otherwise placed in use by the Police Department as the Commissioner
may direct.
(2)
Notice of the auction shall be published in the official newspaper
of the City once at least five days prior to the auction. If the Commissioner
determines that a vehicle may be suitably used for police purposes,
he may direct that, in lieu of auction, the vehicle be kept and used
by the Police Department; however, no more than two vehicles may be
kept in any calendar year.
B.
Abandoned vehicles as herein defined in § 1224 of the Vehicle
and Traffic Law shall be disposed of in accordance with the provisions
of that section.
C.
The proceeds from the sale of any vehicle sold as provided in this
section of the Code shall be applied first to the cost of sale; second,
against any towing charges; third, against any storage charges; and
fourth, to any and all unpaid outstanding summonses against the vehicle
and the registered owner thereof. In the event that the sale proceeds
exceed the above costs and charges, the excess shall be held by the
Comptroller, without interest, for the benefit of the owner for a
period not to exceed two years. Upon receipt of said funds, the Comptroller
shall notify the last registered owner and any lienholder of record
at the last address listed for said owner or lienholder with the New
York State Department of Motor Vehicles. If the proceeds remain unclaimed
after the two-year period, the proceeds shall be paid into the general
fund of the City.
A.
All buses shall stop only at duly designated bus stops for receiving
or discharging passengers except when otherwise directed by a police
officer.
B.
When stopping at a bus stop, a bus shall be stopped as near the curbing
as possible, with the bus parallel to the curb.
C.
A bus entering a bus stop shall proceed, as far as is practicable,
to the far end of the bus stop before stopping.
D.
No vehicle other than a duly licensed bus shall be parked, stopped
or permitted to stand in any part of an area designated as a bus stop.
No vehicle other than one duly licensed as a commercial vehicle
shall be parked or stopped in any area designated by official signs
as a loading zone, except in an emergency, at the direction of a police
officer or in compliance with the provisions contained in such official
signs.
No person shall park, stop or stand any vehicle in any street
or at the entrance to a driveway, public or private, so as to obstruct
or delay the lawful movement of any other vehicle which is lawfully
parked or stopped or the ingress or egress of any vehicle into or
from such driveway.
Proof of the stopping, standing or parking of a vehicle contrary
to the provisions of this article shall be presumptive evidence that
the person in whose name such vehicle is registered is the person
who so parked, stopped or left standing such vehicle contrary to such
provisions.
A.
General.
(1)
The phrase "parking meter zones" as used in this article shall mean
such areas or places on highways, streets and municipally owned or
leased off-street parking areas or parts thereof where, pursuant to
ordinance or duly promulgated regulations, parking meters are installed,
operated, maintained, policed and supervised, and where the payment
of a fee for the privilege of parking is fixed and required.
(2)
All prior ordinances and regulations creating, designating or changing
parking meter zones, effective prior to the effective date of this
article, are hereby expressly confirmed, authorized and continued
in effect.
(3)
Any parking meter zone created, eliminated or changed after the effective
date of this article shall become effective in accordance with the
provisions of such ordinance or regulation. The City Clerk shall file
certified copies of such ordinance or regulation with the Traffic
Bureau of the Department of Public Safety and the Clerk of the Court
of Special Sessions.
B.
Parking meter spaces.
(1)
No person shall park a vehicle in any designated parking meter space
during the restricted or regulated time applicable to the parking
meter zone in which such meter is located so that any part of such
vehicle occupies more than one such space or protrudes upon the designated
space, except that a vehicle of a size too large to be parked within
a single designated parking meter space shall be permitted to occupy
two adjoining parking meter spaces, provided that coins shall have
been deposited in the parking meter for each space so occupied, as
is required by ordinance for the parking of other vehicles in such
space.
(2)
No person shall park a second vehicle in a parking meter space which
is already occupied by another vehicle.
C.
Deposit of coins or Pango alternative payment service; time limits.
[Amended 4-8-1959[1]; 10-13-2021, approved 10-14-2021]
(1)
No person shall park his vehicle in any parking space alongside of
and next to which a parking meter has been installed during the restricted
and regulated time applicable to the parking meter zone in which such
meter is located unless a coin or coins of United States currency
of the appropriate denomination as provided by ordinance establishing
such parking meter zones shall have been deposited therein, or shall
have been previously deposited therein for an unexpired interval of
time, or alternative payment have been made through use of the Pango
smartphone application, and said meter shall have been placed in operation.
(2)
No person shall permit a vehicle within his control to be parked
in any such parking meter space during the restricted or regulated
time applicable to the parking meter zone in which such meter is located
while the parking meter for such space indicates by signal that the
lawful parking time in such space has expired. This provision shall
not apply to the act of parking or the necessary time which is required
to deposit immediately thereafter a coin or coins in such meters.
(3)
No person shall park a vehicle in any such parking meter space for
a consecutive period of time longer than that limited period of time
for which parking is lawfully permitted in the parking meter zone
in which such meter is located irrespective of the number or amount
of the coins in such meters. Each hour beyond the initial period lawfully
permitted hereunder during which the parked vehicle remains in the
metered parking space shall constitute a separate violation of this
section and shall be punishable accordingly.
(4)
The provisions of this section shall not relieve any person from
the duty to observe other and more restrictive provisions of any ordinance
or of the State Vehicle and Traffic Law prohibiting or limiting stopping,
standing or parking of vehicles in specified places or at specified
times.
[1]
Editor's Note: This ordinance was returned by the Mayor without
signature or comment 4-9-1959.
D.
Slugs. No person shall deposit or attempt to deposit in any parking
meter any slug, button or any other device or substance as substitutes
for coins of United States currency.
E.
Tampering with meters. No person shall deface, injure, tamper with,
open or willfully break, destroy, interfere with or impair the usefulness
of any parking meter. Parking at broken or out of services meters.
When parking in a space alongside a broken or out of service meter
any person shall use Pango as an alternative method of payment.
[Amended 10-13-2021, approved 10-14-2021]
F.
Pango,
alternative payment methods for metered parking. Any person may download
the smartphone based application service to use as an alternative
method of payment for metered parking
[Added 10-13-2021, approved 10-14-2021]
A.
All prior ordinances and regulations creating, designating and regulating
off-street parking areas or providing for the issuance of permits
are hereby expressly confirmed and continued in effect. Any ordinance
enacted after the effective date of this article which creates, eliminates
or varies the terms and conditions governing parking in such area
or areas shall become effective in accordance with the provisions
of such ordinance. The City Clerk shall file certified copies of such
ordinance or regulation with the Traffic Bureau of the Department
of Public Safety and the Clerk of the Court of Special Sessions.
B.
The privilege of parking vehicles in such areas is permitted, provided
that the owners of such vehicles exhibit an identification decal displayed
in the rear side window on the driver's side of the vehicle. The identification
decal shall be duly issued by the Parking Bureau of the Department
of Public Safety upon proper proof and identification and payment
of the applicable fee as provided by ordinance.
[Amended 1-25-1995, approved 1-26-1995]
C.
No person shall at any time park any vehicle in such area without first having obtained a City identification marker or sticker as provided in Subsection B of this section.
D.
Proof of stopping, standing or parking in such area of a vehicle
contrary to the provisions of this section or of any other section
of this article or of any other applicable ordinance or regulation
shall be deemed presumptive evidence that the person in whose name
such motor vehicle is registered is the person who unlawfully so parked,
stopped or left standing such vehicle.
All ordinances of the City Council designating particular streets
as one-way streets, effective prior to the effective date of this
article, are hereby expressly confirmed and continued in effect. Any
ordinances of the City Council enacted after the effective date of
this article which create, eliminate or vary an existing one-way street
shall become effective in accordance with the provisions of such ordinance.
The City Clerk shall file certified copies of such ordinances with
the Traffic Bureau of the Department of Public Safety and the Clerk
of the Court of Special Sessions of the City.
[Added 11-24-1965, approved 11-26-1965]
It shall be unlawful for any person to fail or refuse to comply with duly adopted rules and regulations of the Mount Vernon Municipal Housing Authority limiting the parking or standing of vehicles displayed on signs installed on Mount Vernon Municipal Housing Authority property. Violations of this section shall be punishable as provided in § 256-23 of this article. Mount Vernon Housing Authority guards are hereby designated as special policemen with power to enforce the rules and regulations of the Mount Vernon Municipal Housing Authority relative to limiting the parking or standing of vehicles and to issue summonses for violations thereof.
A.
The Commissioner shall have the power to establish bus stops, forbidden
zones, loading zones and limited parking upon all the streets and
public places in the City and, from time to time, in his discretion,
to change and relocate such bus stops, forbidden zones, loading zones
and limited parking upon all the streets and public places in the
City; to install and maintain traffic signal lights and stop signs
at any street intersection in the City; in his discretion, to change
the location or intersection at which such traffic signal lights and
stop signs may be located, all to promote the safe regulation of traffic
upon all streets and public places in the City; and to make special
regulations to safeguard traffic in emergencies, during public celebrations
or during unusual events.
B.
The Commissioner shall cause to be erected appropriate signs for
the regulation of traffic and for the regulation of parking. All signs
now posted or erected by the Commissioner of Public Safety and all
signs hereafter posted or erected by the Commissioner of Public Safety
shall be considered as posted and erected under the authority granted
by this article. Any violation of the directions contained upon any
sign posted or erected pursuant to this article by the Commissioner
of Public Safety shall be prosecuted as a violation of this article.
C.
The Commissioner shall not, however, have power to make or establish
one-way streets, nor shall be have the power to establish or regulate
metered parking zones, districts or areas.
D.
A copy, certified by the Commissioner, of any regulation, except
special regulations as hereinbefore provided, shall be filed with
the City Clerk and the Clerk of the Court of Special Sessions.
A.
The Judge of the City of Mount Vernon is hereby authorized and directed
to establish a Traffic Violations Bureau to assist the Court in the
disposition of offenses and traffic infractions arising out of traffic
violations. The Bureau shall be under the supervision of such person
or persons and shall be open to the public at such hours as said Judge
may designate.
B.
The Traffic Violations Bureau is authorized to dispose of such traffic
offenses and infractions as directed by the Judge, by permitting a
person charged with an offense or infraction, within the limitations
herein stated, to answer within a specified time at the Bureau, either
in person or by written power of attorney, paying a prescribed fine
and, in writing, waiving a hearing in Court, pleading guilty to the
charge and authorizing the person in charge of the Bureau to make
such plea and to pay such fine as prescribed by the Judge. Acceptance
of the prescribed fine and power of attorney by the Bureau shall be
deemed a complete disposition of such charge. If a person charged
with a traffic violation does not answer as hereinbefore prescribed
within the designated time, the Bureau shall cause a complaint to
be entered against him forthwith and shall apply for a warrant to
be issued for his arrest and appearance before the Court. The Bureau
shall not deprive a person of his right to counsel or prevent him
from exercising his right to appear in Court to answer to, explain
or defend any charge of violating any traffic law, ordinance, rule
or regulation.
C.
The Judge of the City Court of Mount Vernon shall designate the fines
to be paid for first, second and third traffic offenses or infractions
which may be satisfied at the Bureau as hereinbefore stated, provided
that such fines are within the limits established as penalties for
such offenses or infractions.
D.
The Traffic Violations Bureau shall keep a record of all fines collected
and the disposition thereof. It shall also perform such other or additional
duties and keep such other or additional records as shall be prescribed
by the Court and/or the City Council of the City of Mount Vernon.
[Amended 3-12-1986, approved 3-13-1986; 2-8-2023, approved 2-8-2023]
Any person violating any provision of this article, except as
otherwise provided herein, or of any other ordinance, order, rule,
or regulation adopted pursuant to this article or otherwise, shall,
upon conviction, be subject to the following punishment:
A.
For the first conviction thereof, such person shall be punished by
a fine of not more than $280 or by imprisonment for not more than
15 days, or by both such fine and imprisonment.
B.
For a second such conviction within 18 months thereafter, such person
shall be punished by a fine of not more than $405 or by imprisonment
for not more than 45 days, or by both such fine and imprisonment.
C.
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 $675 or by imprisonment for not more than 90 days, or by both
such fine and imprisonment.
Chapter 100 of the General Ordinances, known as the "Traffic
Code," adopted by ordinance of the City Council on November 13, 1957,
approved by the Mayor on November 15, 1957, effective on January 1,
1958, and which ordinance was previously known and designated as Chapter
XXXIV and entitled "Regulation of Street Traffic," effective September
1, 1937, and as amended, is hereby repealed, except as otherwise expressly
provided in this article, and new Chapter 100 of the General Ordinances
is hereby enacted in its stead, to be known and cited as the "Traffic
Code."[1]
This article shall become effective immediately.
[Adopted 7-11-1979 as Ch. 100-A of the General Ordinances, approved 7-12-1979]
Strict compliance with provisions for traffic regulations set
forth elsewhere in the Traffic Ordinance of the City of Mount Vernon[1] creates hardships requiring special treatment of physically
handicapped persons as a class, in the interest of humanity and the
obligation of the City to provide for the general welfare of the people.
For the purposes of this article, the following definitions
shall apply:
Includes but is not limited to any use of a motor vehicle
by the permit holder for the purposes of obtaining medical or dental
treatment or physical therapy.
A permit issued in accordance with § 1203-a of
the Vehicle and Traffic Law, containing the words "handicapped parking
permit," the International Access Symbol and the vehicle's license
plate number substantially in conformance with the sample annexed
hereto and made a part hereof.[1] Applications for this permit may be obtained from the
office of the Commissioner of Public Safety.
A person who has a permanent disability which affects his
or her mobility to the extent that walking a long distance is a hardship,
such as paraplegia, quadriplegia, hemiplegia, cerebral palsy, multiple
sclerosis, muscular dystrophy, osteogenesis imperfecta, scoliosis,
severe cardiac disease or other impairment causing difficulty or insecurity
in walking or requiring the use of braces, crutches or artificial
supports, or impairment caused by amputation, arthritis, spastic condition
or cardiac ills rendering the individual semiambulatory.
[1]
Editor's Note: The sample referred to is on file in the office
of the Commissioner of Public Safety.
A.
The locations to be used for handicapped parking will be designated by a sign or placard. The Commissioner of Public Safety may, at his discretion, designate locations for the purpose of handicapped parking other than those specified hereafter, subject to the approval of the City Council and the provisions of this article. Use of these spaces shall be limited to emergency purposes as defined in § 256-27 of this article.
[Amended 6-23-1993, approved 6-24-1993]
B.
The locations to be designated as handicapped parking spaces are
as follows:
(1)
North Seventh Avenue, opposite Mount Vernon Hospital's main entrance:
the first meter (No. 1295) south of the driveway leading to the third
floor of the municipal parking lot.
(2)
Stevens Avenue, front of 105 Stevens Avenue: the first meter (No.
1233) east of driveway leading to 105 Stevens Avenue parking lot.
(3)
North side of Stevens Avenue in front of Five Stevens Avenue.
[Amended 6-12-1996, approved 6-13-1996]
(4)
South Fifth Avenue, opposite 122 South Fifth Avenue, east side of
street: the first meter (No. 0729) north of the driveway leading to
the Health Center parking lot.
(5)
Locust Street, Meter No. 0484, on the east side, in front of 694
Locust Street.
[Amended 1-27-1982, approved 1-28-1982]
(6)
Gramatan Avenue, front of 175 Gramatan Avenue: the first meter (No.
0301) south of the driveway leading to Municipal Parking Lot No. 2.
(7)
Fourth Avenue, Meter No. 0036, on the east side, in front of 32 Fourth
Avenue.[1]
[Amended 1-27-1982, approved 1-28-1982]
[1]
Editor's Note: Former Subsection B(8), which designated Roosevelt Square South, Meter No. 1307, as a handicapped parking space and which immediately followed this subsection, was repealed 6-11-1991, approved 6-12-1991; former Subsection B(9) through (14) was renumbered as Subsection B(8) through (13), respectively.
(8)
South Fifth Avenue: one space running 20 feet in length, commencing
50 feet north of West Third Street on the westerly side of South Fifth
Avenue.
[Added 3-11-1981, approved 3-12-1981]
(9)
South First Avenue, opposite 22 South First Avenue, east side of
street: Meter No. 0929.
[Added 5-27-1981, approved 5-28-1981]
(10)
South Second Avenue, opposite 50 South Second Avenue, east side
of street, in front of "Children" entrance to Public Library: no meter.
[Added 5-27-1981, approved 5-28-1981]
(11)
Commencing at a point 118 feet from the northeast corner of
Gramatan Avenue and Oakley Avenue and continuing easterly for a distance
of 57 feet along the northerly curb.
[Added 9-14-1983, approved 9-15-1983]
(12)
Gramatan Avenue, opposite 552 Gramatan Avenue, starting from
a point 89 feet from the southeast corner of the intersection of Gramatan
Avenue and East Broad Street along the easterly curb of Gramatan Avenue
for a distance of 22 feet south.
[Added 10-26-1983, approved 10-27-1983; amended 4-10-1985, approved 4-11-1985]
(13)
South Sixth Avenue: two spaces in front of Doles Community Center,
250 South Sixth Avenue.
[Added 2-26-1986, approved 2-27-1986]
(14)
South Fourth Avenue, opposite 101 South Fourth Avenue, east
side of street: Meter No. 4097.
[Added 8-14-1991, approved 8-15-1991]
(15)
60 South Third Avenue, west side of street: Meter No. S3038.
[Added 1-13-1993; approved 1-14-1993]
(16)
148 Fourth Avenue, west side of street, Meter No. S3038.
[Added 4-15-1993, approved 4-15-1993]
(17)
East side of North Fifth Avenue just north of West Prospect
Avenue.
[Added 4-28-1993, approved 4-29-1993]
(18)
North MacQueston Parkway, at West Grant Street, northeast corner:
Meter No. 30.
[Added 12-27-1995, approved 12-28-1995]
C.
The locations to be designated as combat wounded parking spaces are
as follows:
[Added 12-14-2016, approved 12-23-2016]
A.
The Mount Vernon Parking Authority is authorized to set aside 15 spaces for the use of vehicles displaying a current, valid handicapped parking permit as defined in § 256-27 of this article. The space allocated for handicapped parking must be clearly designated by sign or placard. The period of use of these spaces must not exceed three hours.
[Amended 6-26-1985, approved 6-27-1985; 5-28-1986, approved 5-29-1986]
B.
The locations to be designated as handicapped parking spaces are
as follows:
[Amended 6-26-1985, approved 6-27-1985; 5-28-1986, approved 5-29-1986]
|
Number
|
Location
|
Spaces Allotted
| |
|---|---|---|---|
|
1 (South Fifth Avenue)
|
On South Fifth Avenue between First Street and Second Street
|
1
| |
|
2 (178 Gramatan Avenue)
|
On Gramatan Avenue between North Third Avenue and Gramatan Avenue
|
2
| |
|
3 (South Third Avenue)
|
On South Third Avenue between Second Street and Third Street
|
1
| |
|
5A (City Hall Parking Lot)
|
Outer quadrangle behind City Hall
|
1
| |
|
6 (Roosevelt Square Garage)
|
On Roosevelt Square North between North Sixth Avenue and North
Seventh Avenue
|
3
| |
|
8 (North Third Avenue Garage)
|
On East Sidney Avenue between Gramatan Avenue and North Third
Avenue
|
2
| |
|
16 (Fleetwood Parking Plaza)
|
On Broad Street between Fleetwood Avenue and Gramatan Avenue
|
4
| |
|
18 (Crary Avenue)
|
On Crary Avenue near corner of East Sidney Avenue
|
1
|
C.
Parking, stopping or standing in any location designated as a handicapped parking space by any vehicle not displaying a current, valid handicapped parking permit as defined in § 256-27 of this article is prohibited and a violation of this subsection and shall be punishable by a maximum fine of $50.
[Added 10-13-1982, approved 10-14-1982]
The fraudulent procurement or use of any permit, sticker, stamp
or other identifying device issued pursuant to or identified in this
article, or the use of any handicapped parking permit in the City
of Mount Vernon after same has been canceled or while same is suspended,
shall be a violation punishable by a maximum fine of $150 or up to
15 days' imprisonment, or both.
In the event any section, subsection, clause or phrase of this
article shall be declared unconstitutional or invalid for any reason,
the remaining provisions shall not be affected thereby.
