[HISTORY: Adopted by the Board of Trustees of the Village
of New Hempstead as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Peddling and soliciting — See Ch. 203.
[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."
A.
It is the aim of the Board of Trustees of the Village of New Hempstead
to promote the public health, welfare and safety of its residents
by:
(1)
Regulating the use and operation of motor vehicles upon the streets,
highways and places accessible to the public in the Village of New
Hempstead.
(2)
Regulating the construction, reconstruction, management and maintenance
of open areas, avenues of access or parking spaces for motor vehicles
at the foregoing or similar uses and activities.
(3)
Designating fire lanes or zones in shopping centers.
(4)
Disposing of unattended and abandoned motor vehicles in fire lanes
or other public places or zones duly marked restricted by the Board
of Trustees or on any other public road or public area similarly restricted
during periods of public emergency declared by the Mayor or Board
of Trustees of the Village of New Hempstead in the interest of safety
or during the winter season where the same impede or interfere with
snow removal or safe motor vehicle traffic.
B.
Except where specifically indicated, this article shall not apply
to individual residential lots.
[Amended 6-5-1986 by L.L.
No. 10-1986]
[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.
LAW ENFORCEMENT OFFICER
As used in this article, the following terms shall have the meanings
indicated:
Includes the Code Inspector of the Village of New Hempstead.
[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.[1]
[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.
A.
Authority to regulate and control traffic in shopping centers. The
Board of Trustees of the Village of New Hempstead finds that the assembly
of increasing numbers of persons and motor vehicles at shopping centers
and other large commercial and public areas affects the safety of
its citizens and that the health, welfare and safety of the community
will be promoted by the promulgation of regulations with respect to
use of motor vehicles in such public areas. Accordingly, and pursuant
to the authority granted under § 1640-a of the Vehicle and
Traffic Law of the State of New York, the Board of Trustees of the
Village of New Hempstead is hereby empowered to perform the following
functions:
(1)
To order stop signs, yield signs or flashing signals erected at specific
entrance locations to a parking area or designate any intersection
in the parking area as a stop intersection or as a yield intersection
and order like signs or signals at one or more entrances to such intersection;
and designate and mark any separate roadway in the parking area for
one-way traffic; and cause removal of other obstructions and safety
hazards in or on such premises; and install or cause to be installed
pavement markings, curbings, barriers or other channelization devices
or traffic control devices and facilities at the expense of the owner
of the premises and have the cost of the same assessed against the
owner of record of said premises, said cost to be levied by the office
of the Assessor and collected in the manner of any other tax or assessment
imposed upon or levied against the premises.
(2)
To regulate movement of traffic and standing of motor vehicles to
prevent obstruction in the parking area, including regulation by means
of traffic control signals.
(3)
To prohibit or regulate the turning of any vehicles at intersections
or other designated locations in the parking area.
(4)
To regulate the crossing of any roadway in the parking area by pedestrians.
(5)
To prohibit, regulate, restrict or limit the stopping, standing or
parking of vehicles in specified areas of the parking area.
B.
Illegally parked and abandoned vehicles. In addition to the foregoing,
the Mayor of the Village of New Hempstead is hereby authorized and
directed to cause to be removed and stored:
C.
The owner or operator of any such vehicle shall pay the charges for
removal and storage of any motor vehicle removed or stored under the
foregoing provisions, such charges to be determined by resolution
of the Board of Trustees.
[Amended 4-23-1987 by L.L. No. 5-1987]
D.
Establishment and marking of fire zones. The Board of Trustees of the Village of New Hempstead is hereby authorized, pursuant to the authority granted under § 1640-a of the Vehicle and Traffic Law of the State of New York, to determine and establish appropriate fire lanes in all shopping centers. Thereupon, the Mayor of the Village of New Hempstead shall cause to be erected or installed adequate signs, markings and other devices to delineate said fire lanes. Signs, markings and other devices erected or installed on such privately owned premises shall be at the cost of the owner and may be billed for and collected in the same manner as set forth in Subsection A(1) hereinabove.
A.
Fire zones.
(1)
No motor vehicle shall be permitted to stand, be parked or remain
unattended in an established fire zone or in an area designated as
a no-parking area, except when actually loading or unloading passengers,
materials or goods.
(2)
Whenever any motor vehicle is found parked or stopped in violation
of this article, the law enforcement officer shall take its registration
number and any other information and shall conspicuously affix to
such vehicle a summons to answer the charge of violation of this section.
(3)
If there is no response in the Justice Court to the summons issued,
the court shall issue a summons to the owner of the motor vehicle
to which the summons was affixed and direct that the same be served
upon said owner. In any prosecution charging a violation of this section,
proof that the vehicle was parked in violation of this section, together
with proof that the defendant named in the summons issued by the court
was at the time of the violation the registered owner thereof, shall
constitute a presumption that the registered owner of such vehicle
was the person who parked or placed the vehicle at the point where
and for the time during such violation occurred.
B.
Other areas and time limitations. The Board of Trustees of the Village
of New Hempstead may declare certain areas, streets, roads and highways
in the Village restricted to parking of motor vehicles and may designate
the length of time for lawful parking in said areas and shall cause
to be erected and installed appropriate signs or markers; except that
during the winter season and during periods of snow removal, the Board
of Trustees may further restrict such streets and highways as may
be necessary in the interest of public safety and shall give such
notice thereof as may be practicable in the circumstances. All such
restricted parking areas in existence on the effective date of this
article shall be deemed to have been designated by the Board of Trustees
under authority of this article.
C.
Parking permit zones.
(1)
It shall be unlawful to park a motor vehicle in any area designated
by the Board of Trustees of the Village of New Hempstead as a parking
permit zone, during such hours as the Board of Trustees shall designate,
unless there is displayed on the left rear window a parking permit
issued hereunder by the Village Clerk of the Village of New Hempstead,
for which permits only residents of the Village of New Hempstead shall
be eligible. The Board of Trustees shall cause to be erected and maintained
adequate signs and markers delineating such restrictions.
(2)
Any resident of the Village of New Hempstead desiring a parking permit
shall make application therefor to the Village Clerk of the Village
of New Hempstead on forms to be provided for that purpose. Said application
shall contain the name and address of the applicant, together with
the description and license plate number of the motor vehicle for
which a parking permit is desired.
(3)
Permits issued hereunder are not transferable, and a separate permit
must be secured for each vehicle to be parked in a parking permit
zone.
(4)
Upon compliance with the foregoing requirements, the Village Clerk
shall issue a parking permit, which permit shall expire on the first
day of January following issuance of said permit.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
Use of permit.
(1)
Any vehicle bearing a handicapped parking permit issued pursuant
to § 1203-a of the Vehicle and Traffic Law of the State
of New York is authorized to park in any area in the Village of New
Hempstead designated for parking for the handicapped.
(2)
The Village Clerk shall keep a list of designated parking areas in
the Village of New Hempstead, a copy of which can be obtained at the
Village Clerk's office.
B.
The Planning Board of the Village of New Hempstead is hereinafter
empowered to require the inclusion of spaces for handicapped parking
in any site plan for the construction of office uses in the Village
of New Hempstead.
C.
Any person to whom a permit has not been issued and who shall use
a permit issued pursuant to this article for any purpose other than
parking a motor vehicle while transporting a physically handicapped
person shall be guilty of a traffic infraction within the meaning
of § 1800 of the Vehicle and Traffic Law.
D.
A vehicle bearing such parking permit for the handicapped shall be
deemed in violation of the applicable rules and regulations governing
parking in the Village of New Hempstead when such vehicle shall be
parked in a bus stop, a taxi stand, within 15 feet of a fire hydrant,
a fire zone, a fire island, a firehouse, a driveway or a crosswalk
or is double-parked.
E.
Appearance tickets.
(1)
Whenever any motor vehicle which does not bear a parking permit for
the handicapped is found parked in an area designated for handicapped
parking, the law enforcement officer shall take its registration number
and any other information and shall conspicuously affix to such vehicle
an appearance ticket to answer the charge of violation of this section.
(2)
If there is no response in the Justice Court to the appearance ticket
issued, the Court shall issue a summons to the owner of the motor
vehicle to which the appearance ticket was affixed and direct that
the same be served upon said owner.
F.
In any prosecution charging a violation of this section, proof that
the vehicle was parked in violation of this section, together with
proof that the defendant named in the summons issued by the Court
was at the time of the violation the registered owner thereof, shall
constitute a presumption that the registered owner of such vehicle
was the person who parked or placed the vehicle at the point where
and for the time during which such violation occurred or gave his
or her consent to the person who parked or placed the vehicle at the
point where and for the time during which such violation occurred.
A.
Any motor vehicle found parked in violation of the provisions of
this article may, upon the direction of a police officer, be towed
to any public or private parking facility, and the expense of such
towing and subsequent storage shall be borne by the registered owner
of such vehicle.
B.
No motor vehicle shall remain or stand unattended in any unrestricted
public place or parking lot unless the engine is stopped, the ignition
is shut off and the ignition key is removed from the vehicle, with
the brake effectively set thereon; and, when standing upon any grade,
the front wheels shall be turned to the curb or side of the highway
or otherwise secured as required in the circumstances.
C.
Whenever any police officer shall find a motor vehicle standing unattended with the ignition key in the vehicle, in violation of this section, such police officer is authorized to remove such key from such vehicle and to deliver such key to the police officer in charge of the Town of Ramapo police headquarters, and said vehicle may be dealt with or disposed of as set forth in § 269-12 herein or otherwise as may seem indicated in the circumstances.
D.
No vehicle shall be parked in front of any private driveway or in
front of or within 10 feet, measured along the curb, of the entrance
to any church or other public building, except for such reasonable
time as may be necessary for taking on or discharging passengers or
merchandise.
E.
Any violation of any provision of this section 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:
[Added at time of adoption of Code (see Ch. 1, General Provisions,
Art. I)]
(1)
For a first conviction thereof, by a fine of not more than $50 or
by imprisonment for not more than 15 days, or by both such fine and
imprisonment.
(2)
For a second such conviction within 18 months thereafter, by a fine
of not more than $100 or by imprisonment for not more than 45 days,
or by both such fine and imprisonment.
(3)
Upon a third or subsequent conviction within 18 months after the
first conviction, by a fine of not more than $250 or by imprisonment
for not more than 90 days, or by both such fine and imprisonment.
A.
The following acts are hereby prohibited:
(1)
The parking of unlicensed automobiles upon any part of the public
street.
(2)
Parking of any vehicle on any portion of a public street is prohibited
whenever snow/sleet is falling, snow/sleet has accumulated, snow/sleet
is predicted in the forecast, and/or the accumulation of snow/sleet
is such that it covers the public street in the Village of New Hempstead,
and/or that plowing or salting of the same is or maybe required.
[Amended 4-23-1987 by L.L. No. 5-1987; 5-22-2017 by L.L. No. 2-2017; 10-25-2022 by L.L. No. 2-2022]
(3)
Abandoning any vehicle within the Village or leaving any vehicle
at any place within the Village for such time and under such circumstances
as to give a reasonable appearance of abandonment.
(4)
Leaving any partially dismantled, nonoperating, wrecked, or junked
vehicle on any street or highway within the Village.
(5)
Allowing any partially dismantled, nonoperating, wrecked, junked
or discarded vehicle to remain longer than 24 hours on the property
of any owner, tenant, occupant, lessee or other person in charge or
control thereof, and no person shall leave any such vehicle on any
property within the Village for a longer time than 24 hours.
(6)
Parking or standing of vehicles in a restricted area or areas at
the time of hazard or emergency.
(7)
All-night parking of commercial vehicles, which is hereby defined
as continuous parking of commercial vehicles between the hours of
2:00 a.m. and 6:00 a.m., inclusive. This prohibition shall be in addition
to any other prohibition elsewhere imposed herein on such vehicles.
[Added 11-1-1984 by L.L.
No. 30-1984]
(8)
Placing, leaving or depositing vehicles on private or public property
without having authorization therefor.
[Added 6-5-1986 by L.L.
No. 10-1986]
(9)
Parking
of any vehicle for more than a week on any portion of a public street.
[Added 10-25-2022 by L.L. No. 2-2022]
B.
Exceptions. This article shall not apply to any vehicle:
(1)
In an enclosed building;
(2)
Operated in a lawful place and manner on the premises of a business
enterprise when necessary to the operation of such business enterprise;
or
(3)
In an appropriate storage place or depository maintained by the Village
or any private person performing a similar function as herein provided
for.
[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;
The placing, deposit or leaving of any motor vehicle unattended.
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.
