[HISTORY: Adopted by the Board of Trustees of the Village
of Mount Kisco 9-20-1976 by L.L. No. 7-1976;[1] amended in its entirety 11-25-2013 by L.L. No. 1-2013. Subsequent amendments noted where applicable.]
GENERAL REFERENCES
Appearance tickets — See Ch. 4.
Police — See Ch. 27.
Sound trucks — See Ch. 91.
Taxicabs — See Ch. 98.
[1]
Editor's Note: This local law took effect 11-8-1976 and repealed
Chapter 8 of the 1962 Code, adopted 4-2-1962, as amended.
Pursuant to the provisions of the Vehicle and Traffic Law of
the State of New York, the Village Manager is hereby authorized and
directed to promulgate traffic rules and regulations to be exercised
in a manner consistent with state statute and to revoke, alter or
amend such rules and regulations at any time when, in his judgment,
traffic and the use of the streets require. All traffic promulgations
shall be issued by the Village Manager at regular or special meetings
of the Board of Trustees held pursuant to public notice. At the time
of issuance, the Board of Trustees shall have at least 10 days' notice,
in writing, by the Village Manager, of the contents and effective
date of any such rule or regulation. As soon as practical after the
issuance of any traffic promulgation and before its effective date,
the Village Manager shall notify the Parking Authority and the Planning
Board of the contents and effective date of same.
Any such rule or regulation promulgated by the Village Manager
shall be effective unless, within the period between the date of issuance
and 30 days after the effective date of such promulgation, the Board
of Trustees shall rescind, by resolution, such rule or regulation.
For the purpose of this chapter and the Traffic Rules and Regulations
Register adopted pursuant to the provisions of this chapter, the following
words and phrases shall have the meanings respectively ascribed to
them by this section, except as may be otherwise required by state
statute:
A truck, tractor, trailer, bus, school bus, omnibus, taxicab,
livery car, or any other vehicle used for commercial purposes. A vehicle
shall be deemed to be used for commercial purposes if it:
Bears advertising on the vehicle, including but not limited
to the name of the business, telephone number, or hours of operation;
or
Carries tools or equipment attached to the outside of the vehicle
or visible from the outside of the vehicle; or
Bears license plates issued for commercial or combination vehicles;
or
Has been issued a municipal or governmental business license;
or
Has other indicia of commercial use or design.
Shall be considered legally equivalent to a no-parking zone.
A firesafety zone is an area, either public or private, where parking
is prohibited, pursuant to the provisions of this chapter, so as to
facilitate and permit easy access by firefighting and other emergency
vehicles.
When parking is prohibited, no person shall park a vehicle,
whether occupied or not, but may stop or stand temporarily for the
purpose of and while actually engaged in loading and unloading merchandise
or passengers, pursuant to Article 32, § 1200, of the Vehicle
and Traffic Law of the State of New York.
When standing is prohibited, no person shall stand or park
a vehicle, whether occupied or not, but may stop temporarily for the
purpose of and while actually engaged in receiving or discharging
of passengers, pursuant to Article 32, § 1200, of the Vehicle
and Traffic Law of the State of New York.
When stopping is prohibited, no person shall stop, stand
or park a vehicle, whether occupied or not, pursuant to Article 32,
§ 1200, of the Vehicle and Traffic Law of the State of New
York.
A no-stopping zone or no-standing zone or no-parking zone
that has been duly promulgated to be, in addition, an area where illegally
parked vehicles may be removed by the Village of Mount Kisco or its
duly authorized agent.
A.
The Village Manager shall cause to be published a Traffic Rules and
Regulations Register. Said register shall comprise all rules and regulations
promulgated by the Village Manager currently in effect. The Manager
shall cause, from time to time, an updating of the Traffic Rules and
Regulations Register to reflect changes and modifications. Said register
shall include the following subject matters:
(1)
One-way streets.
(2)
Exclusion of certain trucks from certain highways.
(3)
No-parking zones.
(4)
No-stopping zones.
(5)
No-standing zones.
(6)
Tow-away zones.
(7)
Firesafety zones; no parking.
(8)
Parallel parking.
(9)
All-night parking.
(10)
Limited-parking zones.
(11)
Metered-parking zones.
(12)
Alternate-side-of-street parking.
(13)
Bus stops.
(14)
Taxi stands.
(15)
Truck-unloading zones.
(16)
Designation of through highways and through streets.
(17)
Designation of stop intersections.
(18)
Designation of yield intersections.
(19)
Speed limits.
(20)
Prohibited turns.
(21)
Traffic islands.
(22)
Sunday parking regulations.
(23)
Holiday parking regulations.
(24)
Handicapped-person and other special parking programs.
B.
Any person convicted of a violation of a promulgated rule or regulation
issued pursuant to the provisions of this chapter shall be subject
to a fine set forth in a fine schedule. The fine schedule shall be
adopted by the Village Board and be kept on file with the Village
Clerk.
A.
Promulgation. The Mount Kisco Parking Authority ("Parking Authority")
is hereby authorized and directed to promulgate Parking Authority
rules and regulations for those areas which are owned, leased, controlled
or regulated in any manner by the Parking Authority, consistent with
state statutes, and to rescind, alter or amend such rules and regulations
at any time when, in its judgment, traffic and the use of the areas
require. All promulgations shall be issued by the Parking Authority
at regular or special meetings of the Parking Authority held pursuant
to public notice. At the time of issuance, the Parking Authority shall
give at least 10 days' notice, in writing, of the contents and effective
date of any such Parking Authority rule or regulation to the Village
Manager, Village Clerk, Police Chief and Court Clerk.
B.
Issuance of register.
(1)
The Parking Authority shall cause to be published a Mount Kisco Parking
Authority Traffic Rules and Regulations Register. Said register shall
consist of a compilation of all of the rules and regulations that
have been issued by the Parking Authority which are effective on the
date of publication. The Parking Authority shall continually update
the register so that it reflects any and all rules and regulations
adopted by the Parking Authority. The register shall be republished
at least once each calendar year.
(2)
A copy of the register and all modifications shall be filed with
the Village Clerk with a copy simultaneously delivered to the Village
Manager, Police Chief and Court Clerk as soon as possible after the
adoption thereof
C.
Enforcement. The Parking Authority is hereby empowered to appoint one or more parking enforcement officers. Said officer(s) shall have the power to enforce all the Parking Authority rules and regulations for those areas that are owned, leased, operated or regulated by the Mount Kisco Parking Authority, as well as parking rules and regulations promulgated by the Village Manager, pursuant to § 101-1 of this chapter. Said officer(s) shall have the authority to issue appearance tickets returnable to the Justice Court of the Town of Mount Kisco, said authority to be restricted to the issuance of appearance tickets for violations of Parking Authority rules and regulations, the parking rules and regulations issued by the Village Manager and the provisions of Article 32 of the State Vehicle and Traffic Law. Said officer(s) shall also have all related powers necessary to enforce this chapter.
D.
Violation. It shall be a violation of this chapter when any person
fails to comply with a promulgated rule or regulation of the Mount
Kisco Parking Authority.
E.
Penalty. Any person convicted of a violation of this section shall
be subject to a fine set forth in a fine schedule. The fine schedule
shall be adopted by the Village Board and be kept on file with the
Village Clerk.
A.
Issuance of regulations. In accordance with the provisions of § 1640-a
of the State Vehicle and Traffic Law, the Village Manager is hereby
authorized and directed to issue regulations designating firesafety
zones.
B.
Signs and markings.
(1)
Within 10 days of the effective date of this section or of the effective
date of a regulation promulgated under the provisions hereof, the
Village Fire Inspector shall determine and specify the appropriate
signs and/or curb and pavement markings for the proper indication
of such fire-safety zones. The Fire Inspector shall notify, in writing
and/or by the use of maps, the owner, lessee or person in general
charge of the property affected of his determinations and specifications.
(2)
Within 30 days of receipt of such notice from the Fire Inspector,
said owner, lessee or person in general charge of the property shall,
at his sole expense, cause such signs to be erected and/or such curb
and pavement markings to be made.
(4)
Upon continued failure of said owner, lessee or person in general
charge of the property to comply with the determinations and specifications
of the Fire Inspector, the Village may install such signs and/or make
such curb and pavement markings, charging the costs thereof to the
property.
C.
Appeals. Any owner, lessee or person in general charge of a property
affected hereby who deems himself aggrieved by the determinations
and specifications of the Fire Inspector may, within 30 days of the
receipt of such notice, file an appeal in writing with the Zoning
Board of Appeals, as provided in Chapter 38 of this Code, Zoning Board
of Appeals.[1]
The provisions of this chapter and the provisions of the Traffic
Rules and Regulations Register adopted pursuant thereto shall apply,
except when it is necessary to stop a vehicle to avoid conflict with
other traffic or in compliance with the directions of a police officer
or official traffic control device.
The Village Manager shall have the authority to temporarily
suspend promulgated rules and regulations and/or establish emergency
parking and traffic rules and regulations, so long as such suspension
of existing rules and regulations or establishment of emergency rules
and regulations are carried out in a manner consistent with the following:
A.
Promulgated rules and regulations may be suspended and/or emergency
parking and traffic rules and regulations established in the case
of severe snowstorms, flooding conditions, natural disaster or other
emergency situations.
B.
Promulgated rules and regulations may be suspended and/or emergency
parking and traffic rules and regulations established in the case
of bona fide public celebrations and events and when necessary, in
the judgment of the Village Manager, to accomplish street or sidewalk
maintenance or repair.
The Village Manager shall cause the installation and maintenance
of traffic control devices to make effective the provisions of this
chapter and the promulgated rules and regulations established pursuant
to the provisions of this chapter. The Village Manager shall further
cause the installation and maintenance of such additional traffic
control devices as may be deemed necessary to regulate, warn or guide
traffic in a manner consistent with state statute.
A.
It shall be a violation of this chapter for any person to remain
parked at any parking meter for a continuous period in excess of the
maximum amount of time allowed at such meter, during those periods
when parking meter fees are required. It shall be a violation of this
chapter for any person to remain parked at any limited-parking zone
for a continuous period in excess of the maximum amount of time allowed
at such zone. It shall further be a violation of this chapter for
any person to cause, allow or permit any vehicle registered in the
name of or operated by such person to remain parked at any parking
meter for a continuous period in excess of the maximum amount of time
allowed at such meter during those periods when parking meter fees
are required, or at any limited-parking zone for a continuous period
in excess of the maximum amount of time allowed at such zone.
B.
Any person convicted of a violation of this section shall be subject
to a fine set forth in a fine schedule. The fine schedule shall be
adopted by the Village Board and be kept on file with the Village
Clerk.
A.
No vehicle shall be allowed to occupy an unexpired metered parking
space for any time greater than the maximum time established for said
space. It shall be a violation of this chapter for a person to park
a vehicle in a parking space wherein time has fully expired, unless
he or she immediately, upon parking such vehicle, inserts or causes
to be inserted in the meter allocated to such space a payment for
use of said parking space. Immediately upon inserting such payment,
such person shall set or turn any handle or activate any other mechanical
or digital devices on such meters as may be necessary to place such
meter in operation. Upon depositing in such meter the payment as provided
above, said parking space may be lawfully continuously occupied by
parking such vehicle for the period which the payment shall have purchased
and at the rates prescribed. Each parking meter shall display the
legal parking time established, instructions for setting the meter
in operation and, when in operation, shall indicate on and by its
display the duration of the legal parking, and upon expiration of
such period shall indicate expiration of the duration of the legal
parking. If any vehicle shall remain parked in any such parking space
beyond the period of time paid for, as provided above, such vehicle
shall be considered as parked overtime, and the parking of a vehicle
overtime or beyond the period of time fixed by local law or other
promulgated rules or regulations of the Village/Town of Mount Kisco
shall be deemed a violation of this chapter and shall be punishable
as hereinafter set forth.
B.
Any person convicted of a violation of this section shall be subject
to a fine set forth in a fine schedule. The fine schedule shall be
adopted by the Village Board and be kept on with the Village Clerk.
The Village Manager is hereby authorized and directed to determine parking meter fees as provided for in this chapter, except that in no event shall such parking fees exceed the amount established in Chapter A112, Fees. Such fees shall be established by promulgation in a manner consistent with the provisions of this chapter and shall not apply to any parking meter deemed under the control of the Mount Kisco Parking Authority.
A.
The Village Manager is hereby authorized to have parking meters installed
in such parking meter zones as are created in a manner consistent
with the provisions of this chapter. Such parking meters shall be
placed upon the curb alongside of or next to the individual parking
space designated. Each parking meter shall be so set as to show or
display a signal indicating when the paid parking time for the parking
space for which said parking meter is allocated has expired. The Village
Manager shall cause, except as is otherwise provided by contract or
agreement with another public agency, the placing of lines or markers
on the curb and/or on the street in a parking space, as is defined
in the General Municipal Law of the State of New York, at or alongside
of each parking meter to designate the parking space for which said
meter is allocated, and each vehicle parked at such space shall park
within the lines or markings so established.
B.
The Chief of Police shall, except as is otherwise provided by contract
or agreement with another public agency, provide for the operation,
maintenance, policing and supervision of such parking meters, and
it shall be his duty to see to it that such meters are kept in good
working condition. Each such parking meter shall be so set as to display
a signal showing legal parking. It shall further be his duty, except
as is otherwise provided by contract or agreement with another public
agency, and he is hereby authorized, to designate some member or members
of the Police Department to periodically collect the coins deposited
in such parking meters and to account for the same and to pay the
same over to the Treasurer of the Village of Mount Kisco.
C.
The Village Treasurer is hereby authorized and directed to credit
the value of the coins deposited in such meters to the appropriate
account(s) of the Mount Kisco Parking Authority, said public agency
having been duly established pursuant to an act of the State Legislature.
In the event that the Mount Kisco Parking Authority ceases to exist,
revenues from parking meters shall be credited to the general fund
of the Village of Mount Kisco, as provided for in § 1640
of the Vehicle and Traffic Law of the State of New York.
A.
It shall be unlawful and a violation of this chapter for any person
to:
(1)
Park any motor vehicle in any driving lane, right-of-way or in any
area not designated or allocated for the parking of motor vehicles,
and it shall be unlawful to park any vehicles across any line or marking
or to park a vehicle in such a position that the same shall not be
entirely within the area so designated and allocated for the parking
of motor vehicles, and all motor vehicles shall be parked with the
front of such vehicle alongside of or next to the parking meter allocated
to such parking space or entirely within the area designated for parking
of motor vehicles in a special-permit or parking-license zone.
(2)
Deposit, cause to be deposited, insert or cause to be inserted in any parking meter any slug or other device or instrument designed to circumvent payment as set forth in § 101-11A of this chapter.
(3)
Deface, damage, tamper with, open or willfully break or interfere
with or destroy the usefulness of or to open without lawful authority
any parking meter installed in the Village of Mount Kisco.
(4)
Park any vehicle which is required to be registered pursuant to the
Vehicle and Traffic Law and is not so registered or does not bear
the number plates assigned to it on any property, private or public,
within the Village/Town of Mount Kisco, except with the permission
of the owner thereof, in any area designated for parking on the approved
site plan of any automotive sales or repair facility, in any area
fully enclosed within a building or not more than one such vehicle
in any portion of the driveway of a residence.
B.
Any person convicted of a violation of Subsection A(1) or (2) above shall be subject to a fine set forth in a fine schedule. The fine schedule shall be adopted by the Village Board and be kept on file with the Village Clerk. Any person convicted of a violation of Subsection A(3) above shall be charged by local authorities under the appropriate state statute(s). Any person convicted of a violation of Subsection A(4) above shall be punishable as provided in Chapter 1, General Provisions, Article III.
A.
It shall be unlawful and a violation of this chapter for any person
to:
(1)
Park or permit to be parked a commercial vehicle on any street
or highway in the PD, CD, RS-12, RS-9, RS-6, RT-6, RM-l0, RM-12, RM-29,
or PRD District unless the vehicle is parked while providing service
or delivery to a resident.
(2)
Park or permit to be parked a commercial vehicle on any street
or highway between the hours of 1:00 a.m. and 5:00 a.m. in the CB-1,
CB-2, GR, CN, CL, OG, OD, DC, RD, ML, SC, GC, H, R, or other district
which may be designated as a commercial district, unless the vehicle
is parked while providing service or delivery.
B.
Any person convicted of a violation of this section shall be subject
to a fine set forth in a fine schedule. The fine schedule shall be
adopted by the Village Board and be kept on file with the Village
Clerk.
A.
Abandoned vehicles. Pursuant to the authority granted in the Vehicle
and Traffic Law, § 1640, of the State of New York, the Police
Department or its duly authorized agent is hereby authorized to provide
for the removal and storage of vehicles in a manner consistent with
the following:
(1)
When any vehicle is parked or abandoned on any highway, street or
road within the Village of Mount Kisco during a snowstorm, flood,
fire or other public emergency which affects that portion of the public
highway upon which such vehicle is parked or abandoned.
(2)
When any vehicle is found unattended on any highway within the Village
where such vehicle constitutes an obstruction to traffic.
(3)
When any vehicle is parked or abandoned on any highway within the
Village where stopping, standing or parking is prohibited.
(4)
When any vehicle is parked or abandoned on any highway, public right-of-way
or upon lands belonging to the Village for a period exceeding 24 hours.
Such continuous parking of a vehicle on such highway, public right-of-way
or upon any lands belonging to the Village shall be deemed prima facie
evidence of abandonment of such vehicle.
(5)
The officer ordering removal of a vehicle shall, without delay, report
the removal and disposition of any vehicle removed as provided in
this chapter to the Chief of Police, and it shall be the duty of such
Chief of Police or his designated agent to ascertain, to the extent
possible, the owner of the vehicle or person having the same in charge
and to notify him of the removal and disposition of such vehicle and
of the amount which will be required to redeem the same.
(6)
Upon the removal of any vehicle by the Police Department or its duly authorized agent, the same may store such vehicle in a suitable place at the expense of the owner. Fees charged for the removal and storage of vehicles shall be promulgated by the Village Manager in a manner consistent with the other provisions of this chapter; provided, however, that fees for removal of such vehicle shall not exceed the amount established in Chapter A112, Fees, or the actual cost of removing said vehicle, whichever is greater, and fees for storage of such vehicle shall not exceed the amount provided in Chapter A112, Fees. Fees for storage shall not be charged if a vehicle is claimed by its owner or operator on the same calendar day as the vehicle was removed. Notwithstanding the provisions of any lease agreement between the Village and any private carter of vehicles, the Village Manager shall have the authority to waive or modify the fee requirements for storage of vehicles for extenuating circumstances.
B.
Other vehicles. In the event that the Police Department impounds a vehicle illegally parked in a tow-away zone or on charges established pursuant to state statute and not discussed in Subsection A above, the fees provided for in said subsection for the removal and storage of vehicles shall apply, except when the vehicle being impounded is being driven to an impounding storage area by the owner or operator of the same, in which case the removal fee shall not apply, and/or when the impounded vehicle is to be stored on Village property, in which case the storage fee may not apply, as determined by the Village Manager.
A.
It shall be unlawful for any pedestrian to cross any public highway
from one side to the other, except as follows:
(1)
At an intersection or a crosswalk controlled by a mechanical or electrical
traffic control device, if the same includes a "walk" cycle or designation,
the crossing shall be made while such designation is indicated for
the route used in crossing, or, if there is no "walk" cycle, the crossing
shall be made only while vehicular traffic is permitted to proceed
in the same direction as the route used in such crossing.
(2)
At all intersections or crosswalks, whether or not controlled by
a mechanical or electrical traffic control device, crossing shall
be made only within the boundaries of such intersection or crosswalk,
as the case may be, and at the intersections, except where vehicular
traffic is halted simultaneously in all directions, no diagonal crossings
shall be permitted.
(3)
In obedience to a direct order or direction from any person lawfully
controlling the flow of traffic at the point of crossing, including
a school crossing guard.
B.
Any person convicted of a violation of this section shall be subject
to a fine set forth in a fine schedule. The fine schedule shall be
adopted by the Village Board and be kept on file with the Village
Clerk,
In order to implement the orderly institution all the requirements,
rules and regulations, repeal of prior local laws and ordinances pertaining
to these subjects and other provisions of this chapter, the Village
Manager shall immediately upon the adoption of this chapter issue
a Traffic Rules and Regulations Register, as provided for in this
chapter.
Nothing in this chapter shall conflict with or be deemed to
supersede any of the prescribed duties and responsibilities of the
Mount Kisco Parking Authority as delineated by state statute.
