[Adopted 12-21-1993; amended in its entirety 7-7-2015]
As used in this article, the following terms
shall have the meanings indicated:
Any floating craft or vessel which is propelled in whole
or in part by mechanical power or oars, paddles and/or sweeps which
is utilized for carrying passengers, freight or for any other use
upon water.
Property used primarily for conducting a business.
Any motor vehicle used for business or commercial purposes,
such as transportation of goods, wares and merchandise, including
but not limited to trailers and semi-trailers, tractors and special
commercial vehicles registered as such.
The City of North Tonawanda Traffic Safety Committee.
Any vehicle which may be operated or driven which is propelled
by any power other than muscular power and which is not defined as
a boat, commercial vehicle, recreational vehicle or trailer under
this section.
Any terrace paved with blacktop, concrete, stone or other
material.
Apartments, leased to tenants for human habitation shall
be considered residential property for the purposes of this chapter.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the largest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Not designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel or seasonal
use.
Property used primarily for human habitation, including but
not limited to apartments. Living accommodations such as hotels and
motels shall be considered commercial.
That area of City property lying adjacent to the street between
the curb or the edge of the pavement, in the absence of curbs, and
the sidewalk or the abutting property line, in the absence of sidewalks.
Any vehicle mounted on wheels, not propelled by its own power
and which moves from place to place being drawn by another power driven
source or motor vehicle.
No motor vehicle, boat, commercial vehicle, recreational vehicle
or trailer shall be parked on any terrace within 20 feet of a crosswalk
at an intersection or, in the absence of a crosswalk, within 20 feet
of the point where a crosswalk would have been, unless a different
distance is indicated by official signs or markings.
A.
Parking of a motor vehicle, boat, commercial vehicle, recreational
vehicle or trailer shall be prohibited on any portion of a terrace
adjoining residential property on a curbed street within the City
except by hardship permit issued by the North Tonawanda Traffic Safety
Committee and subject to the regulations contained in this article.
B.
Parking of a boat, commercial vehicle, recreational vehicle or trailer
shall be prohibited on any portion of a terrace adjoining residential
property on a curbed or uncurbed street within the City except by
hardship permit issued by the North Tonawanda Traffic Safety Committee
and subject to the regulations contained in this article.
C.
Terrace parking on commercial property shall not be subject to the regulations set forth in § 96-59 of this article.
D.
For the purposes of this section, a property's City tax assessment
shall determine whether or not it is to be considered residential
or commercial.
A.
Hardship permits.
(1)
No motor vehicle, boat, commercial vehicle, recreational vehicle
or trailer shall be permitted to park on any residential terrace of
a curbed street without the owner of the real property abutting said
terrace first obtaining a permit from the North Tonawanda Traffic
Safety Committee. Hardship permits shall not be granted to individuals
other than the property owner.
(2)
No boat, commercial vehicle, recreational vehicle or trailer shall
be permitted to park on any residential terrace of a curbed or uncurbed
street without the owner of the real property abutting said terrace
first obtaining a permit from the North Tonawanda Traffic Safety Committee.
(3)
Any dispute as to whether real property is to be considered residential
or commercial shall be decided by the Traffic Safety Committee.
(4)
No permit shall be issued until there has been a full and fair investigation
of the property and the Committee has determined that a hardship exists,
making residential terrace parking necessary. A hardship shall not
constitute a mere inconvenience to the permit applicant.
(5)
Terrace parking pursuant to a hardship permit shall only be allowed
from November 1 of each year to April 1 of the next succeeding year.
[Amended 4-18-2017]
(6)
Hardship permits shall renew automatically once the renewal fee is
paid.
B.
Fees:
The City may remove all paved terraces existing prior to the
enactment of this article at no cost to the property owner. Said removal
shall be by the Department of Public Works upon at least 24 hours'
notice to the property owner.
The police may remove any motor vehicle, boat, commercial vehicle, recreational vehicle or trailer parked or allowed to stand in violation of this article and may store the same, and the owner or operator of said vehicle shall be liable for the payment of reasonable charges for such removal and storage, in addition to any penalty imposed under § 96-62.1 hereafter.
Any person, firm or corporation who or which
shall violate the provisions of this article shall, upon conviction
thereof, be subject to a fine not to exceed $50 for a first offense
and not to exceed $100 for a second or subsequent offense, all of
which were committed within a period of 18 months.
The provisions herein shall be considered separable,
and if any portion hereof is declared invalid, such declaration or
invalidity shall not affect any other portion.
This article shall become effective on the day
after publication in the official newspaper of the City of North Tonawanda.
