[Added 4-28-2009 by L.L. No. 7-2009]
The rules and regulations of the Prospect Avenue Parking Field
are hereinafter set forth.
Chapter 65 of the Code of the Town of North Hempstead is hereby amended by adopting a new Article XI, entitled "Prospect Avenue Parking Field," as follows.
The provisions of this article apply within the Prospect Avenue
Parking Field.
For the purpose of this article:
Includes every individual who shall operate a vehicle as
the owner thereof, or as the agent, employee or permittee of the owner,
or who is in actual physical control of the vehicle.
The stopping of a motor vehicle or motorcycle within the
parking field and leaving of such motor vehicle or motorcycle unattended
by a person capable of operating it for a period longer than necessary
to load or unload passengers or freight.
The real property designated as a public place for the parking of motor vehicles pursuant to § 111 hereof.
Any space within the parking field duly designated for the
parking of a single vehicle by lines painted or otherwise durably
marked on the curb or on the surface of same. Not more than one vehicle,
as defined in this section, shall be stopped, parked or left standing
in a designated parking field space at the same time.
Includes any individual, firm, copartnership, association
or corporation.
Every vehicle, except electrically driven invalid chairs
being operated or driven by an invalid, operated or driven upon a
public highway by any power other than muscular power, which includes
motorcycles and motor-driven cycles as defined by the Vehicle and
Traffic Law, except vehicles which run only upon rails or tracks and
excluding fire and police vehicles.
The Prospect Avenue Parking Field shall be defined as the parcel
along the south side of Prospect Avenue between Brook Street and Rose
Place in Westbury, New York.
The following regulations shall apply to all areas within the
parking field:
A.
All vehicles may be parked within the parking field only within a
parking field space.
B.
No vehicle may remain parked in a parking field space for more than
three hours.
C.
There shall be no parking in the parking field by any vehicle between
the hours of 12:00 midnight and 6:00 a.m.
D.
Regulation of traffic in parking field:
(1)
The curb cut on Brook Street at the western end of the parking field
shall be the sole entrance and exit into and out of the parking field.
(2)
There shall be no parking, standing or stopping in other-than-designated
parking field spaces at any time, except that passengers may be discharged
in the parking field.
The Town Board is hereby authorized to mark off individual parking
spaces in the parking area designated and described by this article
and in such other areas as may be hereafter established. Said parking
spaces are to be designated by lines painted or durably marked. At
each space so marked it shall be unlawful to park any vehicle in such
a way that said vehicle shall not be entirely within the limits of
the space so designated.
It shall be unlawful and a violation of the provisions of this
article for any person to park any vehicle across any line or marking
of a parking space, or in such position that the vehicle shall not
be entirely within the area designated by such lines or markings,
or to park any vehicle in a parking space already occupied in whole
or in part by another vehicle.
Any person who shall violate or fail to comply with any of the
provisions of this article, or who shall counsel, aid or abet any
such violation or failure to comply, shall be guilty of an offense
against this article, and shall be punishable by a fine not in excess
of $30.
Nothing in this article shall be construed as prohibiting the
Supervisor and Town Board of the Town of North Hempstead from providing
for bus stops, taxicab stands and other matters of similar nature,
including the loading and unloading of trucks, vans or other commercial
vehicles, except upon state highways maintained by the state.
All ordinances or parts of ordinances inconsistent with the
provisions of this article are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency,
and in all other respects this article shall be cumulative of other
ordinances regulating and governing the subject matter covered by
this article.
If any section or provision, or parts thereof, in this article
shall be adjudged invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the article as
a whole or any other section or provision or part hereof.
This entire article shall be deemed and construed to be an exercise
of the police power of the Town of North Hempstead for the preservation
and protection of public safety and is enacted pursuant to the authority
contained in § 1660 of the Vehicle and Traffic Law of the
State of New York and § 198 of the Town law of the State
of New York. All of its provisions shall be liberally construed with
a view to the effectuation of such purpose.
This article shall take effect immediately upon filing with
the Secretary of State.
