A.
Public streets.
(1)
Only pleasure-passenger motor vehicles not exceeding seven feet in height with passenger license plates are permitted and allowed to park on Village public streets except as set forth in Subsection A(2).
(2)
Parking restrictions.
(a)
Commercial vehicles shall not be allowed to park on Village
public streets unless said commercial vehicle is actually engaged
in loading or unloading at premises located on said street, or is
being used in connection with construction, repairs or emergency service
relating to the premises located within said street.
(b)
For the purposes of this subsection, buses and cabs shall be
allowed at any time to discharge and take on passengers.
(c)
For the purpose of this subsection, a "commercial vehicle" shall
be defined as any vehicle other than pleasure-passenger motor vehicles
with passenger license plates, and a "commercial vehicle" shall include
plow attachments, trailers and towed storage containers generally
capable of use for commercial purposes and shall further be defined
as set forth in the Vehicle and Traffic Law of the State of New York.
(d)
Any pleasure-passenger motor vehicle with passenger license
plates which has commercial writing or advertising on said vehicle
or truck or which has no windows at all on the side of the said vehicle
or truck shall be considered a commercial vehicle under this subsection.
(e)
This subsection shall be applicable to residential districts
as defined on the Official Zoning Map of the Incorporated Village
of Massapequa Park.
(3)
In conjunction with the above provisions and as defined in the Vehicle
and Traffic Law of the State of New York, a "commercial vehicle,"
for the purposes of this subsection, is defined as every type of motor-driven
vehicle used for commercial purposes on the public streets of the
Village, such as any commercial service whatsoever and motor coaches
carrying passengers, and including the use of commercial vehicles
for the transportation of passengers for any business purpose of any
kind whatsoever or the use of a commercial vehicle to a residence
in the Village from the place of employment of the operator and/or
owner of said motor vehicle or for the use to a place of employment
from a place of residence in the Village or from a place of residence
in the Village to another residence. Such commercial vehicles shall
include, among other vehicles, trailers and semitrailers, boats and
campers, and any vehicle which is not a pleasure-passenger motor vehicle
with passenger license plates used for passenger use only shall be
considered a commercial motor vehicle. In addition, for the purpose
of this subsection, a "commercial vehicle" shall be defined as any
vehicle other than pleasure-passenger motor vehicles with passenger
license plates, and a "commercial vehicle" shall include plow attachments,
trailers and towed storage containers generally capable of use for
commercial purposes and shall further be defined as set forth in the
Vehicle and Traffic Law of the State of New York.
(4)
This subsection is being enacted as a reasonable exercise of the
municipal police power and in the best interests, protection, order,
conduct, safety, health and well-being of the residents of the Village
and in the best interests in the enforcement of Village governmental
services for the benefit of its residents. Considering the local circumstances
and community setting, the Village Board determines that the parking
of non-passenger motor vehicles would be unnecessarily offensive to
the visual sensibilities of the average Village resident and would
materially and economically detract from the Village and community.
B.
Private residential property.
(1)
Limitations.
(a)
Parking restrictions.
[1]
Except for Subsection B(1)(a)[2] below, every commercial vehicle as defined and implied in the Vehicle and Traffic Law of the State of New York is hereby prohibited and banned from parking, standing or stopping on or upon private residential property within the Incorporated Village of Massapequa Park between the hours of 7:00 p.m. and 7:00 a.m. on Monday through Friday, inclusive, and is prohibited from parking, standing or stopping at any time on Saturday, Sunday or holidays.
[2]
Not more than one commercial vehicle which is nine feet or under in height may be parked or stored in a garage on residential property within the Village of Massapequa Park. Whether a structure constitutes a legal garage shall be determined by the ordinances and local laws of the Village of Massapequa Park. Notwithstanding anything in this Subsection B, one commercial vehicle such as a van or truck may be stored on the driveway of the premises provided it is licensed and its height does not exceed seven feet six inches with fully inflated tires.
[3]
Under no circumstances or exceptions shall any commercial vehicle
which is more than nine feet in height be parked anywhere on any residential
property within the Incorporated Village of Massapequa Park.
(2)
For the purposes of this subsection, a recreational vehicle is limited to a camper or other motor vehicle which includes overnight camping capability with either kitchen facilities and/or sleeping capacity, a boat, or boat trailer used solely for recreational purposes exclusively shall not be included as a commercial vehicle as described in Subsection A(3). A recreational vehicle or a boat or boat trailer shall only be permitted on the paved or gravel driveway with an RCA base and secured curbing or beyond the house front setback. On corner lots, the boat or boat trailer must be behind at least one front setback with screening to be determined by the Board of Trustees. A recreational vehicle cannot be a vehicle which merely stores items used for recreation.
(3)
For the purposes of this subsection, commercial vehicles, except those vehicles described in Subsection B(2), shall be every type of motor vehicle used for commercial purposes, such as the transportation of goods, wares, merchandise and motor coaches carrying passengers, including trailers and semitrailers, vans and tractors, where used in combination with a trailer and semitrailer and other commercial vehicles as defined in the Vehicle and Traffic Law of the State of New York.
(4)
Notwithstanding any other provision of this article, provided that
an owner does not store a commercial vehicle, he or she may store
one trailer on his or her driveway not exceeding seven feet six inches
in height measured with fully inflated tires for the storage of recreational
items only.
(5)
Boats shall include jet skis and wave runners when stored on an open
trailer.
Under exceptional circumstances and facts, a person, partnership, corporation or entity may petition the Board of Trustees, in writing, for relief or exception from the terms and provisions of § 322-31 of this article, and the decision of the Board of Trustees, which shall be in writing, shall be final and conclusive for all parties concerned.
