[Added 10-24-2006 by L.L. No. 15-2006; amended 4-25-2017 by L.L. No. 6-2017]
The rules and regulations of the parking area at the Mary Jane
Davies Green Park are currently set forth only in Resolution No. 131-2001.
A copy of same, with the latest amendments, is annexed hereto and
is incorporated by reference herein. For more convenient public reference
and more consistent enforcement, this Board believes that said rules
should be part of the Uniform Traffic Code.
Chapter 65 of the Code of the Town of North Hempstead is hereby amended by adopting a new Article X, entitled "Parking Area at Mary Jane Davies Green Park," as follows.
The provisions of this article apply within the parking area
at Mary Jane Davies Green Park. All provisions of the Uniform Traffic
Code remain in effect in the parking area at Mary Jane Davies Green
Park except as provided in this article.
As used in this article, the following terms shall have the
meanings indicated:
The Commissioner of Parks and Recreation of the Town of North
Hempstead or his or her designee.
A decal issued by the Town Clerk which shall be affixed to
the rear bumper of a vehicle prior to the vehicle's being parked in
a designated parking space. Identification stickers shall be issued
by the Town Clerk who authorizes a vehicle to be parked in a parking
space for a specified period of time.
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 physical control of the vehicle.
A parcel of property designated as a public place for the
parking of motor vehicles.
Any space within a parking area duly designated, for the
parking of a single vehicle, by lines painted or otherwise durably
marked on the curb or on the surface of the street within the parking
area at Mary Jane Davies Green Park. Not more than one vehicle, as
defined herein, shall be stopped, parked or left standing in a designated
parking area space at the same time.
The stopping of a motor vehicle or motorcycle upon any public
highway and leaving such motor vehicle or motorcycle unattended, by
a person capable of operating it, for a period longer than necessary
to load or unload passengers or freight.
Includes any individual, firm, co-partnership, association
or corporation.
Any public street, highway, road, avenue, lane, path, court
or other public way within the parking area at Mary Jane Davies Green
Park, established for the use of vehicles. This definition shall not
include parking fields.
Every vehicle, except electrically driven invalid chairs
being operated or driven by an invalid, operated or driven upon a
public highway by any power other than muscular power, which includes
motorcycles and motor-driven cycles as defined by the Vehicle and
Traffic Law, except vehicles which run only upon rails or tracks and
excluding fire and police vehicles.
The parking area at Mary Jane Davies Green Park shall be defined
as the lot immediately to the west of Mary Jane Davies Green Park;
between Memorial Place to the south and Manhasset Avenue to the north.
The following regulations shall apply to all parking areas:
A.
All
vehicles may be parked within the parking area only within a parking
space. Except as otherwise provided in this article, the use of the
parking spaces shall be limited to those vehicles which have an identification
sticker issued by the Town Clerk.
B.
The
Town Board hereby authorizes the Commissioner to mark off individual
parking spaces in the parking area and restrict parking to vehicles
with identification stickers only. The number of parking spaces designated
by the Commissioner under this subsection shall be equal to the number
of identification stickers issued by the Town Clerk; provided, however,
that there shall be no more than 13 identification sticker-only spaces
in the parking area. The Town Clerk shall notify the Commissioner
upon the issuance of an identification sticker. If any vehicle shall
remain parked in any such parking areas, without proper proof of a
permit issued by the Town Clerk being deposited as aforesaid or without
properly displaying a parking identification sticker, such vehicle
shall be considered illegally parked, and the operator or driver thereof
shall be deemed guilty of a violation of this article and shall be
punishable as hereinafter set forth.
[Amended 4-4-2023 by L.L. No. 12-2023]
C.
General parking;
electric vehicle parking and charging.
[Amended 4-4-2023 by L.L. No. 12-2023]
(1)
Of the spaces remaining in the parking area that are not marked for identification sticker-only parking, the Commissioner shall designate two spaces for electric vehicle parking and charging only, with the remainder of spaces designated for general parking, all subject to the restrictions stated in § 102C(2) below.
(2)
Spaces designated in Subsection C(1) above shall be limited to parking for two hours. Any vehicle parked in excess of two hours shall be considered illegally parked, and the operator or driver thereof shall be deemed guilty of a violation of this article and shall be punishable as hereinafter set forth.
D.
There
shall be no parking in any of the parking areas by any vehicle between
the hours of 3:00 a.m. and 6:00 a.m.
E.
Regulation
of traffic in parking area:
(1)
All vehicles shall travel in a northerly direction on all north-south
lanes within the field.
(2)
The opening on Memorial Drive at the southerly end of the field shall
be an entrance only.
(3)
The opening on Manhasset Avenue at the northerly end of the field
shall be an exit only.
(4)
There shall be no parking, standing or stopping in other than designated
parking spaces at any time, except that passengers may be discharged
in the area.
A.
The
Town Board is hereby authorized to mark off individual parking spaces
in the parking area designated and described by this article and in
such other areas as may hereafter be established. Said parking spaces
are to be designated by lines painted or durably marked upon the curbing
or surface of the street. At each space so marked it shall be unlawful
to park any vehicle in such a way that said vehicle shall not be entirely
within the limits of the space so designated.
B.
All
parking spaces shall be so marked that vehicles will be required to
park at an angle with the curb or edge of the pavement in the parking
area at Mary Jane Davies Green Park.
It shall be unlawful and a violation of the provisions of this
article for any person:
A.
To
cause, allow, permit or suffer any vehicle registered in the name
of, or operated by, such person to be parked in the parking area without
a valid parking identification sticker in a space restricted to identification
sticker parking only.
B.
To
park any vehicle across any line or marking of parking space or in
such position that the vehicle shall not be entirely within the area
designated by such lines or markings, or to park any vehicle in a
parking space already occupied in whole or in part by another vehicle.
C.
To
cause, allow, permit or suffer any vehicle registered in the name
of, or operated by such person to be parked in excess of two hours
in any space in the parking area designated for time restricted parking.
Any person who shall violate or fail to comply with any of the
provisions of this article, or who shall counsel, aid or abet any
such violation or failure to comply, shall be guilty of an offense
against this article, and shall be punishable by a fine not in excess
of $30.
Nothing in this article shall be construed as prohibiting the
Supervisor and Town Board of the Town of North Hempstead from providing
for bus stops, taxicab stands and other matters of similar nature,
including the loading and unloading of trucks, vans, or other commercial
vehicles, except upon state highways maintained by the state.
All ordinances or parts of ordinances inconsistent with the
provisions of this article are hereby repealed; provided, however,
that such repeal shall be only to the extent of such inconsistency,
and in all other respects this article shall be cumulative of other
ordinances regulating and governing the subject matter covered by
this article.
If any section or provision, or parts thereof, in this article
shall be adjudged invalid or unconstitutional, such invalidity or
unconstitutionality shall not affect the validity of the article as
a whole or any other section or provision or part hereof.
This entire article shall be deemed and construed to be an exercise
of the police power of the Town of North Hempstead for the preservation
and protection of public safety and is enacted pursuant to the authority
contained in § 1660 of the Vehicle and Traffic Law of the
State of New York and § 198 of the Town Law of the State
of New York. All of its provisions shall be liberally construed with
a view to the effectuation of such purpose.
This article shall take effect immediately upon filing with
the Secretary of State.
