[HISTORY: Adopted by the Town Board of the
Town of Milton as indicated in article histories. Amendments noted
where applicable.]
[Adopted 12-29-1976; amended in its entirety 2-6-2013 by L.L. No. 1-2013]
Except when necessary to avoid conflict with other traffic or
in compliance with the law or the directions of a police officer or
official traffic control device or as a result of an emergency situation,
no person shall stop, stand or park vehicles from November 1 through
April 1 on any and all Town roads or closer than four feet to the
edge of the pavement.
A.
Contents.
(1)
The notice of violation (summons or ticket) shall be in such form
as may be prescribed by the Town Board and shall at a minimum contain
the license plate number, the state of registration, the date of expiration,
a description of the vehicle, and a general statement of the violation
alleged, including a reference to the applicable provision of the
Town Code.
(2)
Where the plate number or the expiration date are missing or not
shown or where the registration sticker of a vehicle is covered, faded,
defaced or mutilated so that it is unreadable, the information may
be omitted from the notice of violation, provided that such condition
is so described and inserted on the notice of violation, and other
information is provided that reasonably identifies the vehicle, including
the vehicle identification number (VIN).
(3)
If any information that is required to be inserted in a notice of
violation is omitted from the notice of violation other than mentioned
above, misdescribed, or illegible, the violation may be dismissed
upon application of the person charged with the violation or at the
court's own discretion.
(4)
The notice of violation shall also contain information advising the
defendant of the manner and time in which a plea with respect to the
violation alleged in the said notice may be entered and information
warning that failure to plead in the manner and time provided shall
be deemed an admission of liability and that a default judgment or
fine assessment may be rendered.
(5)
A notice of violation may be issued by the Code Enforcement Officer,
the Building Inspector, Deputy Building Inspector, Building and Zoning
Inspector, or his deputy, or other Town official as approved by the
Town Board.
B.
Service of notice of violation. Service of the notice of violation
may be made as follows:
(1)
Personally on the operator or owner of a vehicle. In such case, the
name of the person served shall at all times also be inserted in the
notice of violation.
(2)
If the operator or owner is not present, the notice of violation
shall be served on the owner or operator of the vehicle by affixing
the notice to the vehicle in a conspicuous place. Service of the notice
of violation as herein provided shall have the same force and effect
as if personally served. Placing the notice of violation under the
windshield wiper shall at all times be acceptable as a "conspicuous
place."
C.
Operator as agent for service. The operator of a vehicle who is not
the owner thereof but who uses or operated such vehicle with the permission
of the owner, express or implied, shall at all times be deemed to
be the agent of such owner to receive the notice of violation.
D.
"Owner" or "Operator" shall be defined as any person, corporation,
partnership, firm, agency, association, entity, lessor or organization
who at the time of the issuance of a notice of violation:
(1)
Is the beneficial or equitable owner of such vehicle;
(2)
Has the title to such vehicle;
(3)
Is the registrant or co-registrant of such vehicle which is registered
with the Department of Motor Vehicles of this state or any other state,
territory, district, province, nation or other jurisdiction;
(4)
Who uses or operates such vehicle individually, or in his/her vehicle
renting and/or leasing business;
(5)
Is an owner of such vehicle as otherwise defined by the Vehicle and
Traffic Law of New York State; or
(6)
Is the owner of property in front of which or immediately adjacent
to where the vehicle is parked at the time of the violation, and either
allows or had knowledge of the parking of the vehicle in the location(s)
that constitutes the violation(s).
B.
Mailed pleas; completion of plea form. Pleas by mail entered by the
defendant shall be made by:
(1)
Entering his or her name and address and phone number in the space
provided on the back of the notice of violation (plea form);
(2)
Signing the plea form where indicated; and
(3)
Mailing the notice of violation with the plea form completed, appropriate
form of mail, to the mailing address stated on the notice of violation,
along with payment in full of the fine included, if plead guilty.
C.
Pleas of guilty; payment. Pleas of guilty shall be accompanied by
a check or money order for the payment in full of the fines listed,
and payable to the Town of Milton Court.
D.
Pleas requesting court appearance.
(1)
A defendant pleading not guilty or guilty with an explanation must
appear in court on the day and at the time indicated on the violation
form.
(2)
The court shall have the right at all times to set a new or alternate
date(s), time(s) and place for a hearing, different from that stated
in the notice of violation.
E.
Failure to appear in court. Failure by the defendant to appear on
the date designated or any subsequent adjourned date shall be deemed,
for all purposes, an admission of liability, and a judgment sustaining
the charges and setting a fine may be entered by the court without
further notice.
Any person, firm or corporation who or which shall violate any
of these provisions of this article shall be guilty of an offense
which shall be punishable by a fine as set forth below, or by a term
of imprisonment not exceeding 15 days, or both. Each day's continued
violation shall constitute a separate additional offense for which
separate and additional fines may be imposed, without the necessity
for the issuance of new and separate notices of violation. It shall
be sufficient for the purposes of the additional offenses that the
vehicle or owner was ticketed, and the violation not corrected within
24 hours.
A.
Fines shall be set as defined in Table I below:
|
Table I
| ||
|---|---|---|
|
Action
|
Fine
| |
|
Stopping, standing or parking where prohibited unless otherwise
specifically enumerated in this schedule (first offense)
|
$50
| |
|
Stopping, standing or parking, where prohibited unless otherwise
specifically enumerated in this schedule (second offense within 18
months)
|
$100
| |
|
Stopping, standing or parking where prohibited unless otherwise
specifically enumerated in this schedule (third offense within 18
months)
|
$150
| |
|
Stopping, standing or parking in front of a fire hydrant at
any time during the year
|
$100 (first offense); $200 (second offense); $300 (third offense)
| |
|
Illegally parking in a handicapped space at any time during
the year
|
$150
| |
|
Three or more violations within an eighteen-month period shall
also result in suspension of vehicle registration
| ||
B.
Fines following a court hearing. The court shall have the authority
to assess additional separate fines for each day the violation continued
after the notice of violation is served.
C.
Upon any finding of liability for a parking violation after a court
hearing, the court shall levy a mandatory twenty-dollar surcharge
in addition to any other fine or penalty otherwise permitted or required
by this article.
D.
Upon a showing of good cause, made by the defendant under oath or
affirmation, after a plea of not guilty or guilty with an explanation,
any fine may be reduced by the court. "Good cause" shall be determined
at the discretion of the court.
A.
Additional penalties. Additional penalties may be assessed against
the defendant by the court for failure to timely plea or appear pursuant
to these rules, or having appeared for a hearing, failing to make
timely payment assessed thereat. The additional penalties shall be
assessed according to the following schedule:
(1)
Upon failure to plea, appear in court, or pay the fine more than
30 days after the date of the summons, an additional penalty in the
amount of $10.
(2)
Upon failure to plea, appear in court, or pay the fine more than
45 days but less than 76 days after the date of the summons, an additional
penalty of $30.
(3)
Upon failure to plea, appear in court, or pay the fine more than
75 days after the date of the summons, an additional penalty of $50.
B.
Abatement of penalties. Upon showing of good cause, made by the defendant
under oath or on affirmation, any additional penalty assessed against
such defendant may be abated in whole or in part, at the discretion
of the court.
C.
Towing. The Town reserves the right at all times, and at any time,
to have any vehicle parked in violation of local or state law be towed,
with all costs associated with towing and storage to be paid by the
vehicle owner and/or operator.
D.
The Town shall also have all other remedies as are provided by law
to restrain, correct, or abate any violation of this article.
E.
The Town Highway Superintendent is authorized and directed at his
discretion, but not required unless required to do so by law, to erect
official signs prohibiting the stopping, standing, or parking of vehicles
on any Town highway, roadway, or street, during the period from November
1 of any year to April 1 of the subsequent year.
This article shall be effective immediately upon filing with
the Secretary of State of the State of New York.
