[HISTORY: Adopted by the Town Board of the Town of Greenport 4-6-2011 by Ord. No. 1-2011. Amendments noted where applicable.]
The Town Board of the Town of Greenport finds, determines and
declares that the unregulated parking of unlicensed vehicles and oversized
vehicles (licensed or unlicensed) on Town roads, streets and highways
has become a public safety hazard and a public nuisance and that parking
of said vehicles inhibits through access and limits access of emergency
vehicles to property, and hereby finds that the regulation of said
vehicles is necessary to protect the health, safety and welfare of
the citizens of the Town of Greenport.
As used in this chapter, the following words are defined as
follows:
A light truck with no more than two axles and a gross vehicle
weight rating (GVWR) of not more than 26,000 pounds as provided by
Vehicle and Traffic Law § 501(2)(iii), that is used for
light hauling and contains an open-top cargo area with fairly short
rigid sides and an opening rear gate, excluding dump trucks and vehicles
with two sets of wheels on one axle, commonly described as "dual rear
wheels" or "dualies."
The Town Board of the Town of Greenport.
Every motor vehicle having a seating capacity of 15 or more
passengers in addition to the driver and used for the transportation
of persons.
Any person who operates or drives or in actual physical control
of a vehicle.
A motor vehicle designed with three or more axles and a GVWR
in excess of 26,000 pounds as provided by Vehicle and Traffic Law
§ 501, that is used or maintained primarily for the transportation
of property, including dump trucks and vehicles with two sets of wheels
on one axle, commonly described as "dual rear wheels" or "dualies"
with a GVWR of less than 26,000 pounds.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel and includes any Town road,
street, avenue, alley, public place, public driveway or any other
public way within the Town of Greenport, Columbia County, New York.
The stopping, standing or parking of a vehicle in such a
manner as to interfere with, obstruct or stop the lawful passage of
pedestrians or other vehicles.
Every motor vehicle having a seat or saddle for the use of
the rider and designed to travel on not more than three wheels in
contact with the ground, but excluding a tractor.
The same as such term is defined in New York State Vehicle
and Traffic Law § 125.
Driver.
Any vehicle that is a bus, tractor, trailer, semitrailer,
heavy-duty truck or a combination thereof as those terms are defined
herein but excluding a passenger vehicle and motorcycle.
A person, other than a lien holder, having the property in
or title to a vehicle. The term includes a person entitled to the
use and possession of a vehicle subject to a security interest in
another person and also includes any lessee or bailee of a motor vehicle
having the exclusive use thereof, under a lease or otherwise, for
a period greater than 30 days.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
A motor vehicle whose body style is a sedan, hardtop, coupe,
convertible, station wagon, hatch back, van, minivan, suburban or
automobile sized pick-up truck, but not a bus, tractor, trailer, heavy-duty
truck or motorcycle.
Every natural person, firm, copartnership, association, or
corporation.
Every way or place in ownership and used for vehicular travel
by the owner and those having express or implied permission from the
owner, but not by other persons.
Any trailer which is so designed that when operated the forward
end of its body or chassis rests upon the body or chassis of the towing
vehicle.
That improved portion of a land immediately adjacent to and
running alongside the main or paved portion of a highway, improved
for limited purposes such as allowing distressed automobiles to move
out of flow of traffic.
The stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel.
The Town of Greenport, Columbia County, New York.
A motor vehicle designed and used as the power unit in combination
with a semitrailer or trailer, or two such trailers in tandem, and
shall include farm-type tractors and all-terrain-type vehicles used
exclusively for agricultural purposes.
Any vehicle, including a mobile home, without motive power,
which is designed to be drawn by a motor vehicle, including any trailer
which is not hooked up to an operable self-propelled vehicle capable
of legally moving the trailer over the public highways.
Any motor vehicle which is manufactured and equipped in such
manner as to provide a seating capacity of not less than six and not
more than 15 passengers, in addition to the driver.
Every device in, upon, or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
A.
No person shall cause or permit any oversized vehicle to stand or
park on any Town highway or shoulder within the Town of Greenport,
Columbia County, New York.
B.
No person shall stop, stand, or park any vehicle on any Town highway
or shoulder within the Town of Greenport, Columbia County, New York,
unless such vehicle possesses a proper and current vehicle license
plate or plates, and such plate or plates are properly mounted thereon
in accordance with the New York State Vehicle and Traffic Law.
C.
No person shall stop, stand or park any vehicle on any Town highway
or shoulder within the Town of Greenport, Columbia County, New York
in such a manner as to impede traffic.
A.
The provisions of this chapter shall be enforced by the Town of Greenport
Police Department, the New York State Police, and/or the Columbia
County Sheriff's Department.
B.
Upon ascertaining a violation of this chapter, the Town of Greenport
Police Department, the New York State Police, and/or the Columbia
County Sheriff's Department shall be entitled to:
(1)
Issue parking tickets to the owner, driver or operator of any vehicle
violating this chapter, by posting parking tickets on the vehicle.
The owner shall be liable for any fines or penalties assessed against
a vehicle found in violation of this chapter; and/or
(2)
Cause the towing of any illegally parked vehicle from the illegal
location to an impoundment, and the cost of towing and storing shall
be required to be prepaid by the owner, driver or operator of said
vehicle before such illegally parked vehicle shall be released to
the owner. In addition to the imposition of any charge for the cost
of towing and storage, the owner shall be liable for any fines or
penalties assessed against a vehicle found in violation of this chapter.
C.
A fine not to exceed $250 may be imposed by any court with jurisdiction
against the owner of any vehicle found in violation of this chapter.
Each day of a continuing violation shall constitute a separate offense.
The Town of Greenport, by its agents and employees, shall be
authorized to provide, place and maintain "no parking" signs in such
areas as are appropriate to provide adequate and reasonable notice
of the prohibitions herein specified. Such signs shall also be placed
at all entrance roads and highways to the Town of Greenport.
This chapter shall apply to the parking and standing of vehicles
on any Town highway within the Town of Greenport, Columbia County,
New York.
A.
This chapter is not intended to prohibit vehicular standing or parking
that may be permitted by private ownership so long as such vehicle
or any portion thereof is entirely on a private road or private land
and not upon the surface or paved area of any Town highway. This chapter
shall not be construed so as to constitute permission for any person
to stand or park a motor vehicle upon the private roads or lands of
any person whose property may be adjacent to any Town highway herein
designated.
B.
Official vehicles and trailers registered to the federal, state or
local governments and licensed ambulances and fire apparatus shall
be exempt from the provisions of this chapter.
