[Adopted 12-15-1983 by L.L. No. 10-1983]
This article shall be known as the "Vehicle and Traffic Local
Law of the Village of New Hempstead."
[Amended 4-5-1984 by L.L.
No. 3-1984]
A. All words, terms and phrases when used in this article shall, for
the purposes of this article, be defined as set forth in the Vehicle
and Traffic Law of the State of New York; and if no specific definition
is set forth therein, all words shall have their usual meanings in
the English language.
B. As used in this article, the following terms shall have the meanings
indicated:
[Amended 4-23-1987 by L.L. No. 5-1987]
No person shall operate his motor vehicle upon any public highway,
private road or other area open to motor vehicle traffic within the
Village of New Hempstead at a rate of speed in excess of the rates
of speed to be determined by resolution of the Board of Trustees of
the Village of New Hempstead or any other duly posted speed limit.
This section shall not apply to ambulances, fire vehicles, police
vehicles or vehicles operated by an officer or employee of the Village
of New Hempstead when on emergency trips, and they shall operate as
required with due regard to the emergency and due observance of safety
in the circumstances; nor shall this article apply to state highways
maintained by the State of New York.
[Added 4-5-1984 by L.L.
No. 3-1984]
A. All existing traffic control signs, signals, markings and devices
posted by the Town of Ramapo within the Village of New Hempstead shall
be deemed to have been posted under authority granted by this article,
and the posting thereof is hereby ratified and confirmed. All violations
of the directions on said signs, signals, markings and devices presently
erected or hereafter erected shall be prosecuted as violations of
this article.
B. The Board of Trustees of the Village of New Hempstead may, at such
times as it deems advisable, by duly adopted resolution, authorize
and direct the posting of traffic control signs, signals, markings
and devices upon public streets or highways within the Village of
New Hempstead, other than state highways.
C. No person shall meddle, tamper or interfere with or willfully break,
injure, deface, remove or destroy any traffic control sign, signal,
marking or device placed or erected pursuant to the provisions of
this article.
D. The operator of a vehicle shall obey the instructions of any official traffic control sign, signal, marking or device applicable thereto placed in accordance with the provisions of this article or of the Vehicle and Traffic Law, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the operator of an authorized emergency vehicle in the Vehicle and Traffic Law or in §
269-4 of this article.
E. No provision of this article or of the Vehicle and Traffic Law for
which signs are required shall be enforced against an alleged violator
if, at the time and place of the alleged violation, an official sign
is not in proper position and sufficiently legible to be seen by an
ordinarily observant person. Whenever a particular section does not
state that signs are required, such section shall be effective even
though no signs are erected or in place.
[Amended 4-5-1984 by L.L.
No. 3-1984; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
No street or highway within the Village of New Hempstead, 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 New Hempstead
when such vehicles are in transit to or from a destination within
the Village, nor shall such exclusion be construed to prevent the
delivery or pickup of merchandise or other property along the highways
from which such vehicles and combinations are otherwise excluded.
[Amended 4-5-1984 by L.L.
No. 3-1984]
A. The Mayor, Deputy Mayor or Code Inspector of the Village of New Hempstead
is hereby authorized to impound any vehicle left at any place within
the Village under circumstances which reasonably indicate that such
vehicle is in violation of this article or lost, stolen or unclaimed
or where it constitutes an obstruction to traffic or is a hazard during
a storm, flood, fire or other public emergency duly declared by the
Mayor.
[Amended 6-5-1986 by L.L.
No. 10-1986]
B. The owner of any property within the Village of New Hempstead upon which a vehicle has been abandoned may make a written request to the Village that such vehicle be impounded. In such event the Mayor may direct that such vehicle be impounded, and the expense of removal and storage of such vehicle shall be paid by such property owner. Any funds received by the Village pursuant to Subsection
F hereinbelow upon the reclamation or disposition of such vehicle shall be credited to such property owner to the extent of all removal and storage charges actually paid by such property owner, and any such funds in excess of the amount so paid by such property owner shall belong to the Village and shall be deposited to the credit of the general fund.
C. Any vehicle impounded pursuant to this article shall be stored in such suitable public or private place as shall be authorized by the Mayor, until disposition pursuant to Subsection
F hereinbelow.
D. The Mayor shall without delay report the removal and the disposition of any vehicle removed as provided in this article to the Village Clerk, who shall ascertain to the extent possible the owner of the vehicle or person having the same in charge and shall notify such person of the impounding, removal and disposition of such vehicle and of the amount which will be required to redeem the same and that such vehicle must be reclaimed within 30 days after impounding and that, if such vehicle has not been reclaimed within such time, it shall be conclusively presumed to be abandoned and shall be disposed of in the manner provided in Subsection
F hereinbelow.
E. In addition, if a vehicle is removed from private property listed on the tax rolls of the Village, other than at the request of the owner of such property pursuant to Subsection
B hereinabove, the Village Clerk shall, within 10 days after impounding, notify the owner of such property, by registered letter at the last address shown on the tax rolls, of the impounding, removal and disposition of such vehicle and of the amount which will be required to redeem the same, that such vehicle must be reclaimed within 30 days after impounding and that, if such vehicle has not been reclaimed within such time, it shall be conclusively presumed to be abandoned and shall be disposed of in the manner provided in Subsection
F hereinbelow.
F. Any vehicle impounded pursuant to this article may be reclaimed by the owner thereof upon payment to the Village of a mandatory towing and storage charge to be determined by resolution of the Board of Trustees. If the vehicle is not reclaimed within 30 days after impounding, the vehicle shall be conclusively presumed to be abandoned, and the Village shall dispose of the vehicle impounded, by public sale or otherwise, and deposit such funds received, if any, to the credit of the general fund, except to the extent of any funds to be paid to a property owner pursuant to Subsection
B hereinabove.
[Amended 4-23-1987 by L.L. No. 5-1987]
This article is not in limitation of any other law, rule, regulation
or order which may affect any premises subject to this article 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 article is hereby repealed insofar as
it may affect the enforcement of this article.
[Amended 3-6-1986 by L.L.
No. 5-1986; at time of adoption of Code (see Ch.
1, General Provisions, Art. I)]
A. Any other provision notwithstanding, any law enforcement officer
is hereby authorized and empowered to issue or cause to be issued
a summons returnable in the Justice Court of the Village of New Hempstead,
or any other court of competent jurisdiction, for any motor vehicle
in violation of the traffic and safety provisions of this article;
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 for offenses. Except as otherwise provided herein, any
person convicted of violating any provision of this chapter shall
be guilty of a traffic infraction and subject to the greater of (1)
the penalties provided by § 1800 of the New York State Vehicle
and Traffic Law; or (2) a fine not exceeding $100 for the first offense,
a fine not exceeding $200 but not less than $100 for a second offense,
or a fine not exceeding $300 but not less than $100 for a third or
subsequent offense.
[Amended 10-25-2022 by L.L. No. 2-2022]
C. In the case of continuing violation of this article, each day that
such violation exists shall constitute a separate and distinct violation.
[Adopted 9-4-1986 by L.L.
No. 15-1986]
It is hereby determined that the parking of motor vehicles on
the east and west sides of State Route 306 in the Village of New Hempstead
has created a dangerous condition and is detrimental to the safety,
health and welfare of the residents of the Village and to other motorists
and pedestrians using said road. It is the intent of this article
to eliminate this dangerous condition by prohibiting the parking of
motor vehicles on said road.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meanings given herein;
the word "shall" is always mandatory and not merely directory;
PARK
The placing, deposit or leaving of any motor vehicle unattended.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind.
It shall be unlawful for any person to park any motor vehicle
on the east or west side of State Route 306 in the Village of New
Hempstead or on any other portion of said public road or right-of-way.
Each and every violation of this article shall be punishable in the same manner as a parking violation as set forth in §
269-14 of this chapter and the New York State Vehicle and Traffic Law.
The Mayor, Deputy Mayor and/or Code Inspector of the Village
of New Hempstead and any police officer of the Town of Ramapo are
hereby authorized to issue appearance tickets for violation of this
article.