This chapter shall be known as the "Vehicle and Traffic Local
Law of the Village of Wesley Hills."
No person shall operate a motor vehicle upon any public highway
or other area open to motor vehicle traffic within the Village of
Wesley Hills at a rate of speed in excess of that duly posted or,
if not posted, in excess of 30 miles per hour. This section shall
not apply to ambulances, fire vehicles or police vehicles responding
to an emergency or to vehicles operated by an officer or employee
of the Village of Wesley Hills when in response to an emergency declared
by the Mayor or Board of Trustees of the Village of Wesley Hills,
nor shall this section apply to state highways maintained by the State
of New York.
No street or highway within the Village of Wesley Hills, other
than state or county highways, may be used for travel or operation
by trucks, tractors, or tractor-trailer combinations having a total
gross weight in excess of 10,000 pounds. Notwithstanding the foregoing,
this section shall not be construed to prevent the operation of such
vehicles on streets or highways within the Village of Wesley Hills
when such vehicles are in transit to or from a destination within
the Village.
[Added 8-16-1988 by L.L. No. 4-1988]
A. All commercial buses for hire, and other coach-type buses for the
carrying of passengers for hire, are excluded from the use for travel
or operation of all streets and highways within the Village of Wesley
Hills, except for the following streets and highways:
(6) Spook Rock Road, south of Old Haverstraw Road.
B. The following vehicles are specifically exempt from the application
of this section:
(1) Buses exclusively carrying children for school, educational or recreational
purposes, provided that such buses use the excluded streets and highways
only for the purpose of picking up or discharging children at their
respective homes.
(2) The following buses operated by the County of Rockland: Transportation
Resources Intra-County for Physically Handicapped and Senior Citizens
(TRIPS) and Transport of Rockland (TOR) buses.
[Added 3-11-2003 by L.L. No. 2-2003]
The Village Clerk shall be authorized to issue a written permit
for all-night parking, upon application therefor in writing, in accordance
with the following standards and subject to the following conditions:
A. No permit for all-night parking may be issued during the period from
November 1 to April 1, inclusive.
[Added 4-21-2009 by L.L. No. 2-2009]
B. The application shall provide an explanation of the need for such
permit, including, without limitation:
(1) Temporary construction activities that prevent the use of the driveway
on the lot where the vehicle otherwise would have been parked.
(2) The need, on a temporary basis, to park a larger number of vehicles
overnight than the capacity of the garage and driveway on a lot.
(3) Any other reasonable explanation that demonstrates that, for a temporary
period of time, it would be impractical or impossible to park all
vehicles associated with the use of a lot overnight on the lot.
C. Such permit shall specify the license plate number of the vehicle
that is authorized thereby to park all night on a street and the address
of the lot to which it relates.
D. Such permit shall be displayed so that it is visible through the
windshield of the vehicle.
E. The duration of such permit shall not exceed one week. The permit
may be renewed for a maximum period of one additional week, if a reasonable
need for such renewal is demonstrated in writing.
F. Notwithstanding the issuance of such permit, such permit shall not
be deemed to authorize all-night parking whenever such parking shall
impede or interfere with snow removal.
This chapter is not in limitation of any other law, rule, regulation
or order which may affect any premises subject to this chapter or
any penalty, fine or liability thereunder but is in addition thereto.
Any inconsistent local law, regulation, order or certificate or part
thereof in conflict with this chapter is hereby repealed insofar as
it may affect the enforcement of this chapter.
[Amended 8-16-1988 by L.L. No. 4-1988]
A. Any other provision notwithstanding, any law enforcement officer
or officer charged with enforcement of this chapter is hereby authorized
and empowered to issue or cause to be issued a summons returnable
in the Justice Court of the Village of Wesley Hills, or any other
court of competent jurisdiction, for operation of any motor vehicle
in violation of the traffic and safety provisions of this chapter,
and, likewise, the Code Inspector hereby is authorized and empowered
to issue such summons for any violation involving the operation, maintenance
and control of any premises.
B. Penalties.
(1) Any violation of §§
210-5,
210-6 and
210-11A(9) of this chapter shall be deemed an offense punishable as follows:
[Added 10-2-2019 by L.L.
No. 3-2019]
(a)
For a first conviction thereof, by a fine of not less than $100
nor more than $500 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, by
a fine of not less than $500 nor more than $1,000 or by imprisonment
for not more than one month, or by both such fine and imprisonment.
(c)
Upon a third or subsequent conviction within 18 months after
the first conviction, by a fine of not less than $1,000 nor more than
$2,000 or by imprisonment for not more than two months, or by both
such fine and imprisonment.
(2) Any violation of §
210-8 of this chapter shall be deemed an offense punishable by a fine of not less than $25 nor more than $100 or imprisonment for a period not to exceed two months, or by both such fine and imprisonment.
(3) Any violation of any provision of §
210-9 of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall be deemed an offense punishable as follows:
(a)
For a first conviction thereof, by a fine of not less than $50
nor more than $250 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, by
a fine of not less than $100 nor more than $500 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, by a fine of not less than $500 nor more than
$750 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
(4) Parking restrictions.
[Added 10-10-2001 by L.L. No. 3-2001]
(a)
For illegal parking in an established fire zone: a fine of $75;
(b)
For illegal parking in a designated no-parking area: a fine
of $50;
(c)
For illegal parking in a designated handicapped parking area:
a fine of $75, plus the surcharge mandated by the Vehicle and Traffic
Law of the State of New York;
(d)
For illegal all-night parking, a fine of not less than $30;
[Amended 12-3-2019 by L.L. No. 4-2019]
(e)
For any violation of any other provision of said chapter: a
fine not to exceed $100; and
(f)
For any fine imposed which remains unpaid one month after the
imposition thereof, an additional late payment penalty of $5 per month,
or fraction thereof, up to a maximum late payment penalty of $50.
(5) Any violation of any other provision of this chapter shall be deemed
an offense punishable by a fine of not less than $30 and not to exceed
$100 or imprisonment for a period not to exceed two months, or by
both such fine and imprisonment.
[Amended 4-21-2009 by L.L. No. 2-2009]
C. In the case of continuing violation of this chapter, each day that
such violation exists shall constitute a separate and distinct offense.