Unless otherwise provided herein, the definitions set forth
in Title 1, Article 1 of the New York State Vehicle and Traffic Law
shall control the interpretation of this article.
OPERATOR
Includes every individual who shall operate a vehicle as
the owner thereof, or as the agent, employee or permittee of the owner,
or who is in actual control of the vehicle.
PARK, PARKING OR PARKED
The standing of a vehicle, whether occupied or not, upon
a street or in a parking field, except for a reason or cause beyond
the control of the operator of the vehicle.
PARKING FIELD
A parking field owned by or under the direct supervision
and control of the Incorporated Village of Malverne.
PARKING METER
Any mechanical device or meter not inconsistent with this
chapter, placed or erected for the purpose of regulating parking by
authority of this chapter.
PARKING METER SPACE
Any space within a parking-meter zone adjacent to a parking
meter, which is duly designated for the parking of a single vehicle
by lines painted or otherwise durably marked upon the curb or surface
of the street or parking field adjacent to or adjoining a parking
meter.
PARKING METER ZONE
Any and all streets or portions thereof or parking fields
or portions thereof set aside under the provisions of this article
for the installation of parking meters and upon which parking meters
have been installed and are in operation.
PERSON
Includes any individual, copartnership, association or corporation.
STREET
Any public street, highway, road, avenue, boulevard, lane,
path, court or other public way in the Incorporated Village of Malverne.
The Traffic Commission is hereby authorized to designate, from
time to time, as parking meter zones, any areas, streets or portions
of streets or parking fields, or any portion or portions of any parking
field situate, lying and being within the Incorporated Village of
Malverne, that it may deem necessary, and may from time to time make
changes in such zones.
The Traffic Commission is hereby directed to fix the number of parking meter spaces, and the minimum dimensions of each parking meter zone designated by the Traffic Commission pursuant to §
44-44. The Superintendent of Public Works is hereby directed and authorized to mark off and designate each such parking meter space by lines painted or otherwise durably marked upon the curbing or surface of the street or parking field. All parking meter spaces shall be so marked that vehicles will be required to park parallel to the curb or edge of the pavement, unless otherwise provided by resolution of the Traffic Commission and properly indicated by signs or markings conspicuously located.
The Board of Trustees may from time to time, by resolution,
adjust the rate at which the fee for the use of a parking meter space
shall be paid.
It shall also be unlawful and a violation of the provisions
of this article for any person:
A. To deface, injure, tamper with, open or willfully break, destroy
or impair any parking meter or the usefulness of any parking meter
installed under the provisions of this article.
B. To deposit or cause to be deposited in any parking meter any slug,
device, metal substance or other substitute for lawful coins of the
United States of America.
It shall be the duty of a designated official appointed by the
Mayor of Malverne and approved by the Board of Trustees to enforce
the provisions of this article.
It shall be the duty of the above individual referenced in §
44-50 to make regular collections of the money deposited in the parking meters, and it shall be the duty of such officer or officers so designated to remove from the parking meters the containers therein containing the coins deposited in said meters and to deliver such containers to the Village Treasurer. The Village Treasurer shall remove the moneys from such containers and deposit the same in a bank designated by the Board of Trustees, pursuant to which said bank shall receive the moneys collected from the parking meters, count the same and account therefor to the Village Treasurer, after crediting itself with the agreed compensation for such services provided for in such contract.
The coins deposited in parking meters shall be used to cover
the cost of purchase, installation, operation, maintenance, supervision,
protection, inspection, control and use of the parking meters to the
extent permitted by law and for any other municipal purpose permitted
by law.
Each regulation and directive of the Traffic Commission issued
pursuant to this article, and each amendment or repeal thereof, shall
be in writing, certified by the Chairman of the Commission and filed
in the office of the Village Clerk, who shall attach the same to this
article and shall post notice of the same for not less than 10 days
in at least three public places, and such directive, regulation, amendment
or repeal shall take effect at the expiration of the 10th day of such
posting.
The Board of Trustees is hereby empowered to contract for the
acquisition and installation of parking meters to be installed pursuant
to the provisions of this article, and to provide for payment therefor
exclusively from the receipts obtained by the Village from the operation
of said parking meters.
Nothing in this article shall be construed as prohibiting the
Incorporated Village of Malverne from providing for bus stops, taxicab
stands, loading zones and other similar uses in said parking meter
zones or otherwise in said Incorporated Village of Malverne.
All laws or parts of laws inconsistent with the provisions of
this article are hereby repealed; provided, however, that such repeal
shall only be to the extent of such inconsistency and in all other
respects this article shall be cumulative of other laws regulating
and governing the subject matter covered by this article.
If any section, provision or part thereof in this article shall
be adjudged invalid or unconstitutional by a court of competent jurisdiction,
then such adjudication shall not affect the validity of this article
as a whole or any section, provision or part thereof not so adjudged
invalid or unconstitutional.