The City Council of the City of Newburgh creates a Parking Violations
Bureau to adjudicate parking violations in the City of Newburgh.
The following terms and words, when used in this chapter, shall
have the meanings and effect as follows:
LESSEE
Any person, corporation, firm partnership, agency, association
or organization that rents, bails, leases, or contracts for the use
of one or more vehicles and has the exclusive use thereof for any
period of time.
LESSOR
Any person, corporation, firm, partnership, agency, association
or organization engaged in the business of renting or leasing vehicles
to any lessee or bailee, under a rental agreement or otherwise, wherein
the said lessee or bailee has the exclusive use of said vehicle for
any period of time.
OPERATOR
Any person, corporation, firm, partnership, agency, association,
organization or lessee that uses or operates a vehicle, with or without
the permission of the owner, and an owner who operates his own vehicle.
OWNER
Any person, corporation, partnership, firm, agency, association,
lessor or organization who, at the time of the issuance of a notice
of violation in any city in which a vehicle is operated:
A.
Is the beneficial or equitable owner of such vehicle; or
B.
Has title to such vehicle; or
C.
Is the registrant or coregistrant of such vehicle which is registered
with the Department of Motor Vehicles of this state or any other state,
territory, district, province, nation or other jurisdiction; or
D.
Uses such vehicle in its vehicle renting and/or leasing business;
or
E.
Is an owner of such vehicle as defined by § 128 of
the New York State Vehicle and Traffic Law or § 2100(a)
of the New York State Vehicle and Traffic Law.
RESPONDENT
Any person, corporation, firm, agency, association or organization
charged with a parking violation.
VEHICLE
A vehicle as defined in § 159 of the New York State
Vehicle and Traffic Law.
VIOLATION
The violation of any law, rule, regulation or ordinance providing
for or regulating the parking, stopping or standing of a vehicle within
the City of Newburgh.
For the purposes of this chapter, the term "Commissioner," unless
specifically designated otherwise, shall refer to the City Manager,
who is charged with the specific responsibilities or duties referred
to in this chapter.
There is hereby created an administrative tribunal, as authorized
by Chapter 408 of the Laws of 2012, to be known as a "Parking Violations
Bureau," to have jurisdiction of traffic infractions which constitute
a parking violation as herein defined. Such Parking Violations Bureau
shall hear and determine complaints of traffic infractions constituting
parking, standing or stopping violations, with the functions, powers
and duties herein stated.
The Parking Violations Bureau shall have the following functions,
powers and duties:
A. To accept pleas to and to hear and determine charges of parking violations.
B. To provide for penalties other than imprisonment for parking violations
in accordance with a schedule of monetary fines and penalties; provided,
however, that monetary penalties shall not exceed the maximum amount
allowed by the New York State Vehicle and Traffic Law for each parking
violation.
C. To adopt rules and regulations, not inconsistent with any applicable
provision of law, to carry out the purposes of Article 2-B of the
Vehicle and Traffic Law of the State of New York, including but not
limited to rules and regulations prescribing the internal procedures
and organization of the Bureau, the manner and time of entering pleas,
the conduct of hearings and the amount and manner of payment of penalties.
D. To issue subpoenas to compel the attendance of persons to give testimony
at hearings and to compel the production of relevant books, papers
and other things.
E. To enter judgments and enforce them, without court proceedings, in
the same manner as the enforcement of money judgments in civil actions
in any court of competent jurisdiction or any other place provided
for the entry of civil judgment within the State of New York.
F. To compile and maintain complete and accurate records relating to
all charges and dispositions and to prepare complete and accurate
transcripts of all hearings conducted by the Bureau and to furnish
such transcripts to the person charged at said person's own expense
upon timely request and upon said person complying with the regulations
of the Bureau.
G. To remit to the Comptroller, on or before the 15th day of each month,
all monetary penalties or fees received by the Bureau during the prior
calendar month, along with a statement thereof, and, at the same time,
to file duplicate copies of such statement with the City Comptroller.
H. To answer, within a reasonable period of time, all relevant and reasonable
inquiries made by a person charged with a parking violation or his
attorney concerning the notice of violation (summons) served on that
person. The Bureau must also furnish, within a reasonable period of
time, to the person charged, on his request and upon complying with
the regulations of the Bureau, a copy of the original notice of violation
(summons), including all information contained thereon. Failure of
the Bureau to comply with the provisions of this subsection or any
part of the provisions of this subsection within 45 days of such inquiry,
forwarded to the Bureau by certified or registered mail, return receipt
requested, will result, upon the request of the person charged, in
an automatic dismissal of all charges relating to and only to that
notice of violation (summons) to which the inquiry was made.
I. To prepare and issue a notice of violation in blank to members of
the Police Department, parking enforcement officers and to other officers
as the Bureau, by regulation, shall determine. The notice of violation
(summons) or duplicate thereof, when filled in and sworn to or affirmed
by such designated officers and served as provided in this chapter,
shall constitute notice of the parking violation charged.
[Amended 11-12-2013 by L.L. No. 2-2013]
The schedule of fines and penalties shall be as follows:
Violation
|
Fine
|
---|
Failure to deposit required coins in a parking meter, overtime
parking in a metered space or other meter violation
|
$20
|
NOTE: Notwithstanding any other provision of this § 70-15 of this chapter, the penalty for a failure to deposit required coins in a parking meter, overtime parking in a metered space or other meter violation shall be satisfied by the payment of the sum of $15 if such payment is made within 48 hours of the time of the issuance of such notice/summons, exclusive of Saturdays, Sundays or legal holidays.
|
Parking prohibited beyond time limit allowed, other than parking
meter
|
$25
|
Parking over lines
|
$15
|
Improper angle parking
|
$15
|
Parking on the sidewalk
|
$25
|
Parking prohibited upon publicly or privately owned premises
without permission
|
$30
|
Parking in City lot without permit
|
$25
|
Restricted parking near Newburgh Free Academy and St. Luke's
Cornwall Hospital; Gidney Avenue parking lot
|
$15
|
Stopped, standing or parked facing wrong direction
|
$25
|
Stopped, standing or parked more than 12 inches from curb
|
$15
|
Parking prohibitions:
|
|
|
Parking prohibited at any time
|
$25
|
|
Parking prohibited during certain hours
|
$25
|
|
Parking prohibited on alternate days
|
$25
|
|
Parking prohibited on alternate days – snow emergency
|
$50
|
|
Parking prohibited on alternate days – street cleaning
|
$50
|
|
Parking prohibited on snow emergency routes
|
$50
|
|
Parking prohibited in a taxi stand
|
$25
|
|
Parking prohibited in a bus stop
|
$25
|
|
Parking prohibited in a loading zone
|
$25
|
|
Parking prohibited in boat trailer parking zone
|
$50
|
Standing prohibitions:
|
|
|
Standing prohibited at any time
|
$25
|
|
Standing prohibited during certain hours
|
$25
|
|
Standing prohibited from here to corner
|
$25
|
Stopping prohibitions:
|
|
|
Stopping prohibited at any time
|
$25
|
|
Stopping prohibited during certain hours
|
$25
|
|
Stopping prohibited from here to corner
|
$25
|
|
Stopped, standing or parked on a sidewalk
|
$25
|
Standing or parked in front of a public or private driveway
|
$25
|
Expired certificate of inspection or registration
|
$30
|
Stopped, standing or parked within 15 feet of a fire hydrant
|
$100
|
Double parking
|
$50
|
Obstructing traffic
|
$50
|
Interfering with snow removal
|
$50
|
Public Safety reserved parking
|
$25
|
Abandoned vehicle
|
$100
|
Parking/standing within 50 feet of firehouse
|
$50
|
Handicapped parking violations per § 1203-c of the
Vehicle and Traffic Law
|
$100
|
NOTE: In addition, a surcharge of $30 has been
levied by the state of New York for handicapped parking violations
pursuant to § 1809-b of the Vehicle and Traffic Law.
|