[Adopted 6-10-2013 by L.L. No. 1-2013]
This article shall be known as the "Motor Vehicle Parking Law
of the Town of Porter, Niagara County, New York."
The purpose of this article shall be to promote and improve
the health, safety and general welfare of the community by establishing
regulations of and pertaining to parking on highways, roads, streets,
shopping centers and commercial centers which are regularly used by
the public within the Town of Porter.
The following words and phrases, when used in this article,
shall, for the purposes of this article, have the meaning respectively
ascribed to them in this section, as follows:
The parking of any vehicle on a state, Town or county road
between 12:00 midnight and 8:00 a.m., for any length of time.
Premises having one or more stores or business establishments
in connection with which there is provided on privately owned property
near or contiguous thereto a parking area or areas as defined herein.
That area adjacent to a parking space designated for parking
for handicapped persons which is provided to permit ingress and egress
to specially equipped handicapped access vehicles. Said, handicapped
parking access area shall be designated by signage and/or pavement
striping or cross-hatching.
Any person whose physical or mental impairment or condition
is of such nature as to impose unusual hardships in utilization of
public transportation facilities and such condition is certified by
a physician duly licensed to practice medicine in the State of New
York as constituting an equal degree of disability so as to prevent
such person from moving from place to place without great difficulty.
Premises having one or more apartment buildings with four
or more residential dwelling units in connection with which there
is provided on privately owned property near or contiguous thereto
a parking area or areas as defined herein.
An area or areas of land near or contiguous to a commercial
center or multiple-residence complex used by the public as a means
of access to and egress from the stores and business establishments
at a commercial center and the residential dwelling units in a multiple-residence
complex and for the parking of motor vehicles of customers and patrons
at a commercial center and for the residents and visitors of a multiple-residence
complex.
The standing of a vehicle, whether occupied or not, other
than temporarily and for the purpose of, and while actually engaged
in, loading or unloading a commercial vehicle.
Every natural person, firm, copartnership, association or
corporation.
Includes the paved portion of all highways, roads and streets,
including paved shoulders, within the Town.
Any stopping of a vehicle, whether occupied or not, as defined
in the New York State Vehicle and Traffic Law.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, as defined in the
New York State Vehicle and Traffic Law.
A.
It shall not be lawful for any person to park a motor vehicle upon
a public road or highway in the Town of Porter:
(1)
Within 20 feet of the intersection of another road or highway or
within 20 feet of a crosswalk.
(2)
Upon any public sidewalk.
(3)
Opposite a driveway.
(4)
In front of a driveway.
(5)
Upon that portion of a driveway extending from a public sidewalk
to the paved portion of a public highway.
(6)
Upon any private road or driveway so as to obstruct the free passage
of another vehicle without the permission of the owner or occupant
of the premises of which said road or driveway is a part.
(7)
Diagonally upon any public highway except where specifically permitted
as designated by signs.
(8)
Within 15 feet of a fire hydrant.
(9)
Upon the space which lies between a public sidewalk and a point which
is three feet from the paved portion of a public highway or more than
three feet into the public right-of-way adjacent to the paved portion
of a public highway where no public sidewalk exists.
B.
It shall be unlawful for any person to stop, stand or park a vehicle
in a parking space, lane or area which has been designated for parking
for handicapped persons only, unless authorized as defined in this
article.
C.
The Town Board of the Town of Porter may, by resolution, adopt additional
rules and regulations related to the parking of motor vehicles and
may, by resolution, forbid the parking of motor vehicles in certain
specified areas and upon certain streets and public highways, provided
that said areas and highways are duly posted by signs forbidding the
same.
D.
Parking violation summonses issued by any authorized person, when
properly completed and signed by the person issuing the same, shall
be deemed prima facie evidence of all matters contained thereon.
A.
Every commercial center, multiple-residence complex and other commercial
building serving the public in the Town of Porter shall provide a
sufficient number of parking spaces designated for parking for handicapped
persons as set forth in the New. York State Uniform Fire Prevention
and Building Code. The commercial buildings which are subject to this
article include, but are not limited to, shopping/commercial centers,
malls, plazas, multiple-residence complexes, retail stores, public
buildings, restaurants and other similar commercial buildings to which
the public is invited.
B.
Each parking space designated for parking for handicapped persons
shall be identified by the uniform sign authorized for such purpose
as established by the Department of Transportation/Federal Highway
Administration.
C.
The spaces so designated shall be located in the general parking
area of the commercial building or commercial center and shall be
in close proximity to an entrance of a store or stores in the commercial
center or to an entrance of the commercial building.
D.
No person shall park a vehicle in a parking space designated for
parking for handicapped persons and identified by official signage
without displaying a valid official parking permit or an official
license plate for handicapped persons of any state.
E.
No person shall park a vehicle in the handicapped parking access
area (as defined herein) adjacent to any space designated for handicapped
parking.
F.
The Town Clerk of the Town of Porter is hereby designated as the
agent for issuance of special parking permits to handicapped residents
of the Town of Porter.
G.
Such permits shall be in the form and style as may be prescribed
by the Commissioner of Motor Vehicles pursuant to the Vehicle and
Traffic Law of the State of New York. Application for such special
permits shall be in the form prescribed for said purpose by the Commissioner
of Motor Vehicles and in accordance with the procedures and guidelines
established by said Commissioner and the State Advocate for the Handicapped.
H.
Any person improperly using an official handicapped parking permit or official handicapped license plate while parked in a space designated for handicapped parking shall be deemed to be in violation of § 175-9 herein and shall be subject to the fines hereinafter described in addition to any other penalty which may be applicable by law.
A.
The Town Board of the Town of Porter finds that the leaving of vehicles
on public roads during periods of snowfall can hinder and obstruct
snow removal operations. The Town Board additionally finds that the
leaving of vehicles on public roads within the Town during snowstorms
may cause hazards to persons using said roads; therefore, the parking
of vehicles is hereby prohibited on all public roads within the Town
of Porter between the dates of November 1 and April 1, between the
hours of 12:00 midnight and 8:00 a.m.
B.
Whenever there shall be an accumulation of four inches or more of
snowfall on any public road in the Town of Porter, such road shall
be deemed an emergency route, and all such public roads shall continue
to be emergency routes until the Superintendent of Highways of the
Town of Porter shall have caused the same to be plowed free of such
snowfall; therefore, no person shall park, stop or permit to remain
unattended any motor vehicle on any public road or street which has
been thereby deemed an emergency route.
A.
Any vehicle may be removed or ordered removed by any person authorized
to enforce this article if it is:
(1)
Abandoned upon a public road pursuant to the New York State Vehicle
and Traffic Law.
(2)
Parked in or blocking a space designated for handicapped parking
or a handicapped parking access area.
(3)
Unattended, pursuant to the New York State Vehicle and Traffic Law,
where it constitutes an obstruction to emergency traffic, as provided
in this article, or at any place where stopping, standing or parking
is prohibited by law.
B.
After the removal of any vehicle by persons authorized to do so,
whichever authority may have effectuated said removal shall have the
vehicle stored in a designated storage area at the expense of the
owner. Such owner or person with legal authority to redeem the vehicle
may redeem the same upon payment of all expenses and charges actually
and necessarily incurred for such removal and storage.
C.
It shall be the duty of the towing law enforcement agency to ascertain
to the extent possible the owner or person of legal authority to redeem
any vehicle removed and stored pursuant to this article and to notify
said person of the removal and disposition of such vehicle and of
the lawful way to redeem the same.
A.
In addition to penalties and other mandates promulgated herein for
the enforcement of this article, the following parking violations
shall carry the following fines with respect to the following specific
offenses:
|
Offense
|
Fine
| |
|---|---|---|
|
Handicapped parking space
|
$50
| |
|
Handicapped parking access area
|
$50
| |
|
Less than 15 feet from fire hydrant
|
$35
| |
|
No standing
|
$25
| |
|
No parking
|
$25
| |
|
Winter parking
|
$25
| |
|
Undesignated violations
|
$25
|
B.
Every person convicted of a violation of this article shall be punished
by a fine pursuant to the provisions herein. Such fines, if not paid
or contested, shall double after 15 days of issuance to a maximum
of $100.
C.
In the event that any fine issued pursuant to this section is not
paid within 60 days of issuance of the notice of violation, a default
judgment may be entered against the respondent for civil collection.
In such an event, a default judgment will include an additional penalty
of $50 for each violation.
D.
Every person convicted of a traffic infraction for a violation of
this article or of any rule or regulation adopted thereto shall, for
a first conviction thereof, be punished by a fine as listed hereinabove
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 that $200 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
$300 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
E.
Scofflaws.
(1)
Any person who has been issued three summonses pursuant to this article
in the preceding 18 months and has not satisfied the same with the
Town of Porter will be certified a scofflaw.
(2)
The Town of Porter will notify the New York State Department of Motor
Vehicles, pursuant to the New York State Vehicle and Traffic Law,
of the same.
(3)
In addition to the above, the court may issue a warrant if a person
fails to appear before the court.
F.
Payment of the fine of a parking summons constitutes a plea of guilty
to the specified violation. A plea of guilty to a charge is the equivalent
to a conviction after trial. Failure of a person to respond to any
charge after 60 days shall be deemed an admission of liability to
the charge.
