[HISTORY: Adopted by the Common Council of the City of Plattsburgh 2-8-2007, effective 4-6-2007 (Ch. 253
of the 1989 Code). Amendments noted where applicable]
A.
Responsibility for violations. A person may not knowingly: stop,
stand, or park a vehicle in violation of this chapter or state law;
or permit a vehicle owned by the person or registered in the person's
name to stop, stand, or park in violation of this chapter or state
law. If a vehicle is found parked in violation of this chapter or
state law, proof that the vehicle is registered in a person's name
is prima facie evidence that the person committed the violation.
B.
A vehicle owner, who is engaged in the business of renting or leasing
vehicles under written rental or leasing agreements, is not liable
for civil fines, costs, and fees imposed by the City on a rented or
leased vehicle if, within 30 days after receiving written notice of
a parking violation, the owner provides an affidavit stating the name,
address, and driver's license number and state of issuance of the
person in possession of the vehicle at the time the parking citation
was issued, or a copy of the lease or rental agreement in effect at
the time the parking citation was issued.
C.
A vehicle owner engaged in the business of renting or leasing vehicles who fails to comply with Subsection B is liable for civil fines, costs, and fees.
D.
It is a defense to a charge of a parking violation that, at the time
of the violation, the illegally parked vehicle was reported to a police
department as having been stolen before the time of the violation
and had not yet been recovered.
E.
Moving a vehicle to cause a violation. A person may not move a vehicle
that is not lawfully under the person's control to a place or in a
manner that makes the stopping, standing, or parking of the vehicle
unlawful.
The terms used in this chapter have the meanings set forth in
Vehicle and Traffic Law § 100 et seq., except where a term
is defined in this chapter. The following terms have the following
meanings: [NOTE: The following definitions of "park or parking," "stand
or standing" and "stop or stopping" are defined in Vehicle and Traffic
Law §§ 129, 145 and 147, respectively, and are included
here for convenience and public understanding.]
A yard situated between a building on a lot and the street
line or, where the lot is unimproved, between the front yard setback
line and the street line. Where a lot is a corner lot, the yards on
both streets shall be considered front yards.
[Added 9-13-2007 by L.L.
No. 9-2007]
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 peace officer, civilian parking enforcement officer within
the Police Department or Code Enforcement Officer within the Building
Inspector's office who is hereby delegated authority to enforce this
chapter. This specifically includes the authority to issue and serve
notices of violations and issue summonses or appearance tickets, or
other associated accusatory instruments, for the enforcement of all
ordinance and parking violations. In addition, the parking enforcement
officer may provide testimony at a Traffic Violations Bureau hearing.
[Added 5-31-2018 by L.L.
No. 4-2018]
A line within the bounds of a lot parallel to a property line at a distance from the respective property line equaling the respective required front, rear or side yard as defined in City Code Chapter 360, Zoning.
[Added 9-13-2007 by L.L.
No. 9-2007]
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.
When prohibited means any halting even momentarily of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer
or traffic-control sign or signal.
All or part of a public street or public parking lot where
time limits on parking have been established by a traffic order.
[Amended 8-17-2017 by L.L. No. 3-2017]
A.
Delegation of authority to regulate traffic. Pursuant to the authority
granted in Articles 35 and 39 of the Vehicle and Traffic Law of the
State of New York, the City of Plattsburgh does hereby authorize and
delegate to the City Planner or his/her designee the authority to
regulate traffic within the City of Plattsburgh. All references herein
to the City Planner shall be deemed to include the City Planner's
designee, if any. The authority herein granted shall include the powers
granted by § 1640, Subdivisions (a), (b), and §1640-a,1643
and 1644, of the Vehicle and Traffic Law of the State of New York.
B.
Without intending to limit the delegation of the authority under Subsection A, the City Planner is specifically authorized to issue traffic orders establishing:
(1)
School and playground speed zone.
(2)
No parking, no stopping and no standing zone.
(3)
Time limit parking zone.
(4)
Handicapped parking space or zone.
(5)
Hospital emergency room zone.
(6)
Bus stop zone.
(7)
Taxi stand zone.
(8)
Loading and unloading zone.
(9)
Alternate side of the street parking zone.
(10)
Through traffic streets.
(11)
One-way streets.
(12)
Traffic control devices.
C.
Traffic orders. The City Planner shall implement traffic regulations
by issuing a traffic order. When the traffic order establishes a zone
it shall describe the boundaries of a zone by linear feet from a fixed
marker or street intersection. One way streets shall be identified
by street name and street intersections. The proposed traffic order
shall be transmitted to the Common Council for placement on the agenda
of the next Council Meeting under Reports from City Officers. The
Common Council may adopt a resolution delaying the effective date
of the traffic order, or disapproving the traffic order in which case
it shall not take effect. If no action is taken by the Common Council,
the traffic order shall be effective one day after the said Common
Council meeting, but not sooner than the date appropriate signs giving
notice of the traffic regulation are installed.
D.
Emergency traffic orders. If, in the judgment of the City Planner, there is a traffic condition that requires immediate action to protect the public safety, he may issue a traffic order without first submitting it to the Chief of Police or the Common Council; however, as soon as practicable after such order is issued, he shall transmit the traffic order in accordance with the provisions of Subsection C.
E.
Signs. After a traffic order becomes effective, the City Planner
shall issue a work order to the Superintendent of Public Works for
the erection of appropriate signs which shall comply with the requirements,
if any, of the New York State Manual of Uniform Traffic Control Devices.
F.
Filing traffic orders. The City Planner shall maintain a file of
duplicate, original signed traffic orders. An original copy of the
signed traffic order shall be filed with the City Clerk. The City
Clerk shall transmit a copy to the Chief of Police.
G.
Existing traffic orders. All traffic orders or traffic zone designations
issued prior to the effective date of this chapter shall remain valid
and enforceable until amended, repealed or superseded by a subsequent
traffic order.
H.
Fire lanes. The City Planner may issue a traffic order establishing
a fire lane only with the concurrence of the Fire Chief as evidenced
by his signature on the traffic order. If the order requires improvements
to be made to the property where the fire lane is established, the
order shall specify a date by which the fire lane improvements shall
be made. The order shall be mailed by first class mail to the person
identified as the owner of the property in the City's real property
tax records. The owner of the property shall make any required fire
lane improvements by the date set forth in the order. The owner shall
maintain the required fire lane signage and pavement markings and
shall keep the fire lane free of obstructions, including snow or ice.
Except when necessary to avoid conflict with other traffic,
or when in compliance with law or the directions of a police officer
or official traffic-control device, no person shall:
A.
Stop, stand or park a vehicle:
(1)
On the roadway side of any vehicle stopped, standing or parked at
the edge or curb of a street;
(2)
In a no parking, no stopping and no standing zone;
(3)
On a sidewalk;
(4)
Within an intersection, except when permitted by official signs or
parking meters on the side of a highway opposite a street which intersects
but does not cross such highway;
(5)
On a crosswalk;
(6)
Between a safety zone and the adjacent curb or within 30 feet of
points on the curb immediately opposite the ends of a safety zone,
unless a different distance is indicated by official signs, markings
or parking meters;
(7)
Alongside or opposite any street excavation or obstruction when stopping,
standing or parking would obstruct traffic;
(8)
Upon any bridge or other elevated structure upon a highway or within
a highway tunnel, unless otherwise indicated by official signs, markings
or parking meters;
(9)
On any railroad tracks;
(10)
In the area between roadways of a divided highway, including
crossovers, except in an emergency;
(11)
On a state expressway highway or state interstate route highway,
including the entrances thereto and exits therefrom, which are a part
thereof, except in an emergency.
(12)
On the unimproved part of a City street or right-of-way that
lies between the edge of the roadway pavement or curb and the bounds
of the right-of-way. Where prior to July 11, 1996, the City has allowed
such part of the right-of-way to be improved for parking with asphalt
paving, parking shall be permitted in such areas during the hours
parking is otherwise permitted on said street.
B.
Stand or park a vehicle, whether occupied or not, except momentarily
to pick up or discharge a passenger or passengers:
(1)
In front of a public or private driveway;
(2)
In a taxi zone, except licensed taxicabs;
(3)
In a bus zone;
(4)
Within 20 feet of a crosswalk at an intersection, unless a different
distance is indicated by official signs, markings or parking meters;
(5)
Within 30 feet upon the approach to any flashing signal, stop or
yield sign or traffic-control signal located at the side of the roadway,
unless a different distance is indicated by official signs, markings
or parking meters;
(6)
Within 20 feet of the driveway entrance to any fire station and,
when on the side of the street opposite to the entrance of any fire
station, within 75 feet of said entrance, when properly signposted,
unless a different distance is indicated by official signs, markings
or parking meters.
(7)
Alongside or obstructing a curb area which has been cut down, lowered
or constructed so as to provide accessibility to the sidewalk.
C.
Park a vehicle, whether occupied or not, except temporarily for the
purpose of and while actually engaged in loading or unloading merchandise
or passengers, within 50 feet of the nearest rail of a railroad crossing,
unless a different distance is indicated by official signs, markings
or parking meters.
D.
Stop, stand or park a vehicle within 15 feet of a fire hydrant except
when such vehicle is attended by a licensed operator or chauffeur
who is seated in the front seat and who can immediately move such
vehicle in case of emergency, unless a different distance is indicated
by official signs, markings or parking meters.
E.
Move a vehicle not lawfully under his control into any prohibited
area or away from a curb such distance as is unlawful.
A.
Except where angle parking is authorized, every vehicle stopped,
standing, or parked wholly upon a two-way roadway shall be so stopped,
standing, or parked with the right-hand wheels of such vehicle parallel
to and within 12 inches of the right-hand curb or edge of the roadway.
B.
Except where angle parking is authorized, every vehicle stopped,
standing, or parked wholly upon a one-way roadway shall be so stopped,
standing, or parked parallel to the curb or edge of the roadway, in
the direction of authorized traffic movement, with its right-hand
wheels within 12 inches of the right-hand curb or edge of the roadway,
or its left-hand wheels within 12 inches of the left-hand curb or
edge of the roadway.
C.
Except where angle parking is authorized, every vehicle stopped,
standing, or parked partly upon a roadway shall be so stopped, standing,
or parked parallel to the curb or edge of the roadway. On a one-way
roadway such vehicle shall be facing in the direction of authorized
traffic movement; on a two-way roadway such vehicle shall be facing
in the direction of authorized traffic movement on that portion of
the roadway on which the vehicle rests.
D.
Angle parking. Where angle parking is authorized by signs and pavement
markings, no person shall park a vehicle upon any of the streets or
parts thereof except at the angle designated and only within the painted
stall lines. On all streets or portions thereof where angle parking
is now or shall hereafter be authorized, all vehicles parked thereon
shall be parked with the front thereof nearest the curb.
E.
Compliance with parking space markings. If a parking space limit
line is delineated on a street or parking lot owned or maintained
by the City, a person may not park a vehicle on or across the line;
and shall park a vehicle entirely within the delineated area.
Where a public street, parking lot or other public place has
been designated by traffic order and signage as a place where parking
is limited in time, no person shall park a vehicle in such place longer
than the time permitted on such sign.
A.
Alley. A person may not stop, stand, or park a vehicle in an alley.
This restriction does not apply along the south side of an east-west
alley or along the east side of a north-south alley if:
(1)
A sign prohibiting stopping, standing, or parking is not posted;
(2)
The person stops, stands, or parks a vehicle to load or unload it;
and
(3)
The vehicle's position and the loading or unloading of the vehicle
do not: impede the movement of other vehicles through the alley; or
block a driveway or building entrance.
B.
Beyond curbline or paved surface. No vehicle shall be parked between
the curbline or, if there is no curb, the paved surface of a City
street and the lateral boundary line of the City right-of-way or sidewalk.
C.
City employee parking lots. On the days and during the hours that
the City Clerk's office is open for public business, a person may
not park on the off-street parking lots adjacent to and west of City
Hall and adjacent to and east of Miller Street unless the person is
an employee of the City.
D.
Loading zones. This section applies to a loading zone between the
hours of 7:00 a.m. and 7:00 p.m. each day except Sunday.
E.
Emergency room zone. A person may not stop, stand, or park a vehicle
in an emergency room zone, except a person may stop, stand or park
a vehicle in such zone for a period not to exceed 30 minutes if the
person is traveling to or is in the emergency room of the hospital.
F.
Fire lanes or zones. A person may not to stop, stand, or park a vehicle
in a zone marked as a fire zone or fire lane.
G.
Handicapped parking spaces.
(1)
No vehicle shall be parked in any parking spot or location marked
"Handicapped Parking" where such spot has been either lawfully designated
by traffic order and signage, or lawfully designated and posted by
a person, firm or corporation as part of his private parking area.
This subsection shall not apply to any vehicle which displays a parking
permit issued pursuant to New York State Vehicle and Traffic Law § 1203-a.
(2)
The City Clerk is hereby appointed issuing agent for parking permits
under § 1203-a of the New York State Vehicle and Traffic
Law.
(3)
The City Planner shall have the power to issue time restrictions
for specific handicapped parking areas so as to regulate the amount
of time a vehicle may remain parked under this section.
[Amended 8-17-2017 by L.L. No. 3-2017]
H.
Front yards. In R-1 and RH Districts or OL-P Districts as established under Chapter 360, Zoning, of the City Code, no motor vehicle shall be parked in the front yard of any lot, except on a paved driveway or an approved, paved parking area.
[Added 9-13-2007 by L.L.
No. 9-2007]
I.
Parking
permits. Areas where parking permit is required. A person may not
stop, stand or park a vehicle in any publicly owned parking space,
parking lot, or parking area where a parking permit is required per
a traffic order, or signage, without a valid parking permit being
affixed to said vehicle, specific to the parking space, parking lot
or parking area. This section also applies to privately owned parking
lots or parking areas subject to an easement or agreement which allows
for public parking thereon.
[Added 5-20-2021 by L.L. No. 3-2021]
A.
Trailers. Trailers not connected to a motor vehicle shall not be
parked on City streets.
B.
Construction trailers. The foregoing section notwithstanding, the
officer in command of the City Police Department may issue a permit
that allows a trailer not connected to a motor vehicle to be parked
on a City street if:
(1)
The trailer is used to store construction equipment and materials
or demolition debris for a building under construction; and
(2)
There is insufficient space on the construction site to park the
trailer; and
(3)
The trailer is of a weight or secured so that it cannot be moved
except by a motor vehicle;
(4)
The permit requires that the trailer be removed within a definite
time.
C.
Motor homes. A person may not park a self-contained motor home or
other motor vehicle containing a permanently installed sleeping facility
or human sanitary treatment or disposal facility on a public street
or alley for longer than 72 continuous hours.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A.
RESIDENTIAL LOT
Definitions. As used in this section:
A lot located within the, boundaries of a R-1, RH or R-2 District as the boundaries of such districts are now or may hereafter be defined under Chapter 360, Zoning, of the Code of the City of Plattsburgh, known as the "Zoning Ordinance of the City of Plattsburgh."
B.
Parking on streets. No motor vehicle, truck or trailer which is transporting
flammable liquids, explosives or hazardous materials shall be parked
on any street within the City.
C.
Parking on residential streets and lots. No motor vehicle, truck
or trailer which has a gross weight of more than 10,000 pounds, or
which is transporting flammable liquids, explosives or hazardous materials,
shall be parked on any street within an R-1, RH or R-2 Zoning District
or any residential lot within the City of Plattsburgh, except that
motor vehicles, trucks and trailers with a gross weight of more than
10,000 pounds may be parked on lots in residential districts that
have nonconforming uses or variances which allow the parking of the
same. Motor vehicles, trucks and trailers with a gross weight of more
than 10,000 pounds which are used in connection with the construction,
remodeling or repair of structures on a residential lot may be parked
on such lot during the construction period.
[Amended 11-17-2022 by L.L. No. 5-2022; 10-19-2023 by L.L. No. 3-2023]
A.
It shall be unlawful for any person to park or leave unattended a vehicle on any street of the City of Plattsburgh, New York, between the hours of 12:01 a.m. and 11:59 p.m., which is intended to be a twenty-four-hour period, during the period from November 1 to May 1 of the following year when a snow removal emergency has been declared and notice given under Subsections B and C.
B.
The Superintendent of the Department of Public Works, Assistant Superintendent,
or the Public Works employee on call for emergencies is authorized
to declare a snow removal emergency when in his/her judgment snow
is likely to accumulate, or has accumulated, at such depths as will
make snow removal difficult if vehicles are left parked on City streets.
C.
Such declaration must be made and notice given by 6:00 p.m. the day
prior to the parking ban. The intent is to provide at least six hours'
notice of the parking ban. Notice to the public shall be given by
turning on the flashing amber lights that give notice of a snow emergency
and by notifying the broadcast media of the declaration of a snow
emergency.
D.
The persons authorized in Subsection B may declare a limited snow removal emergency when in their judgement it is not necessary to prohibit overnight parking on all City streets. Notice shall be given as provided in Subsection C. When a limited snow removal emergency is declared, it shall be unlawful to park vehicles in otherwise lawful parking spaces on City streets located within the following designated areas between the hours of 12:01 a.m. and 11:59 p.m.: All City streets within the area bounded by the center line of Broad Street from Durkee Street to Oak Street; the center line of Oak Street from Broad Street to Cornelia Street; the northerly bounds of Cornelia Street from Oak Street to the northerly bounds of City Hall Place; the northerly bounds of City Hall Place and Durkee Street to the center line of Broad Street; also the area bounded by the northerly and southerly bounds of Bridge Street from the intersection with City Hall Place and Durkee Street on the west to the northerly bounds of Pike Street on the east.
A.
Immobilization. A police officer or parking enforcement officer may
immobilize a vehicle located on a City street or in a public parking
lot if the owner or person in whose name such vehicle is registered
has two or more outstanding notices of parking violations, the most
recent of which was served 15 days or more before the immobilization
device is attached.
(1)
The vehicle may be immobilized by affixing a wheel lock or similar
device.
(2)
The owner or person to whom such vehicle is registered shall be served with notice under Subsection A(3) in the same manner as service of a parking violation.
(3)
The notice shall contain the following information:
(a)
Notice that the vehicle has been immobilized for non payment
of parking violations, and that attempted movement may cause damage
to the vehicle;
(b)
Notice that it is unlawful for any person to tamper with, deface,
damage, or attempt to remove an immobilization device when it has
been installed;
(c)
Instructions as to how the release of the vehicle may be obtained;
(d)
Notice that the vehicle will be towed and impounded if the owner
or a person authorized to act on behalf of the owner does not obtain
a release of the vehicle from the police department not later than
48 hours after the vehicles has been immobilized;
(e)
Notice that if the vehicle is towed and impounded, the owner
shall be responsible for payment of applicable fees for towing, impoundment,
and storage in addition to the fines, costs and fees under this chapter;
(f)
The make of the vehicle and plate number;
(g)
The location of the vehicle;
(h)
Date and time of placement of the immobilization device and
name of the installer.
(4)
No person shall tamper with or attempt to remove an immobilization
device.
(5)
No overtime parking violations shall be imposed while a vehicle is
immobilized.
(6)
If the owner of an immobilized vehicle fails to pay the unpaid parking
violation fines and move the vehicle within 48 hours of the time the
immobilization device is attached, the vehicle may be towed and impounded.
(7)
An immobilized vehicle may be towed and impounded at any time it
is parked in a place or manner where in the judgment of a police officer
the vehicle impedes traffic or access to a fire scene.
B.
Towing and impoundment of vehicles.
(1)
The
officer in charge of the Patrol Division may order that a vehicle
be towed and impounded if it is:
(a)
Illegally parked in a place or manner that the patrol officer
reasonably believes creates a traffic hazard.
(b)
Parked in a place or manner that blocks vehicular access to
public or private property.
(c)
Parked in a place or manner that interferes with access to a
fire or other emergency scene.
(e)
Unlicensed or unregistered and parked or operated on a public
street, public parking lot or other public place.
(f)
Damaged and cannot be safely moved to a lawful parking place
under its own power.
(g)
The vehicle operator is charged with unlicensed operation, or
driving while under the influence of alcohol or drugs or operating
without insurance in effect.
(h)
The owner or person in whose name such vehicle is registered
has five or more outstanding notices of parking violations.
(i)
The vehicle has been immobilized for more than 72 hours.
(2)
Tow operators, fees, procedures.
(a)
The Chief of Police is authorized and directed to adopt a written
policy establishing a preferred tow service list of persons who meet
the police department's requirements for providing towing services
within the City of Plattsburgh and who agree to provide such services
at the rates and on the terms set forth in this chapter. Such policy
may include requirements for tow service response time, tow vehicle
equipment, insurance coverage, secure vehicle storage facilities and
such other factors as the Chief deems appropriate to assure prompt,
safe responses to towing requests and the reasonable protection of
towed vehicles. Such policy, and any subsequent amendment, shall become
effective upon filing a copy signed by the Chief of Police with the
City Clerk.
(b)
Any tow service operator may apply to the police department
to be listed on the preferred tow service list. Persons placed on
the preferred tow service list will be deemed to have consented to
inspection of their tow vehicles and equipment by the Police Department
at any time and to charge the rates set forth in Schedule III. Schedule
III may be amended from time to time by resolution of the Common Council.[1]
[1]
Editor's Note: Schedule III is included as an attachment to this chapter.
(c)
A tow service operator who has been requested to tow a vehicle
by an authorized City employee and who charges more than the rates
set forth in Schedule III may be removed from the preferred tow service
list, after first being given notice and an opportunity to be heard.
(d)
Tow service operators shall store towed vehicles in a secure
place until claimed by their owners or otherwise directed by the police
department.
(e)
The City of Plattsburgh shall have no liability for the loss
or damage to towed vehicles or their contents.
(f)
The owner or operator of a towed vehicle is responsible for
paying towing and storage charges, including charges imposed by the
tow service operator for responding to the scene of a tow request
if the tow request is cancelled.
C.
Reclamation of an impounded or immobilized vehicle. The owner or
other person with legal right of possession of a vehicle which has
been impounded or immobilized may reclaim the vehicle by presenting
evidence satisfactory to a police officer establishing ownership or
right of possession, that the vehicle is registered and insured, and
paying in full accumulated fines, costs, and fees. If the vehicle
is impounded on a private lot, the police officer shall issue a written
order of release for the vehicle to its owner or the person named
in the order of release upon payment of towing and storage charges
to the tow service operator.
D.
Release of impounded vehicles. The tow service operator in possession
of the impounded vehicle shall release the vehicle to a person named
in the order of release upon proof of his identity. The person releasing
the vehicle shall indicate the date and time that a vehicle is released
on the order of release, or on a paper attached to it. The person
reclaiming the vehicle and the person releasing the vehicle shall
sign the order of release. The person releasing the vehicle shall
return the order to the police department. The tow operator may not
request nor require the person reclaiming the vehicle to sign a release
from liability for damages or loss until the person authorized to
reclaim the vehicle has been provided a meaningful opportunity to
inspect the vehicle and its contents. A release from liability shall
indicate whether the person reclaiming the vehicle has made an inspection
of the vehicle, as well as an enumeration of the damages, if any,
allegedly the result of the impounding of the vehicle. Any items alleged
to be missing from the vehicle shall be listed on the release by the
person reclaiming the vehicle. A copy or duplicate original of the
release shall be provided to the person reclaiming an impounded vehicle.
A.
The City of Plattsburgh speed limit shall be 30 miles per hour except
as otherwise set by traffic order and posted.
B.
Speed limit signs shall be posted on all major highways entering
the City and also on all streets where the rate of speed changes.
C.
No person shall drive a vehicle at a speed greater than is reasonable
and prudent under the conditions and having regard to the actual and
potential hazards then existing.
D.
The New York Vehicle and Traffic Law Chapter 71, Title VII (Rules
of the Road) applies within City limits of the City of Plattsburgh.
Violations under VTL Chapter 71, Title VII, commonly referred to as
"moving violations," shall be charged under the VTL and are punishable
by the fines and other charges provided in such law. Such violations
are not subject to the disposition procedures of § 340-15
of this chapter.
A.
Traffic infraction. The violation of any provision of this chapter
or of any law, ordinance, order, rule or regulation regulating traffic
which is not declared by this chapter or other law of this state to
be a misdemeanor or a felony shall constitute a traffic infraction.
A traffic infraction is not a crime and the punishment imposed therefor
shall not be deemed for any purpose a penal or criminal punishment
and shall not affect or impair the credibility as a witness or otherwise
of any person convicted thereof. For purposes of arrest without a
warrant, pursuant to Article 140 of the Criminal Procedure Law, a
traffic infraction shall be deemed an offense.
B.
A violation of this chapter shall be punishable by the fines set
forth in Schedule I to this chapter.[1]
[1]
Editor's Note: Schedule I is included as an attachment to this chapter.
C.
If a vehicle remains parked in violation of this ordinance for more
than 24 hours, each consecutive 24-hour period, or part thereof, shall
constitute a separate violation.
D.
If a person fails to plead to a notice of violation within seven
days of the day it is served, in addition to the fine imposed he shall
pay the penalty set forth in Schedule I for each day such fine remains
unpaid commencing on the eighth day after service through and including
the day the fine is paid.
E.
If a person pleads not guilty, and is later found guilty of the violation
charged, in addition to the fine imposed he shall pay a penalty set
forth in Schedule I computed from a date seven days after the date
of the violation.
F.
A violation of this chapter may be enforced by a police officer or
a Parking Enforcement Officer. A Parking Enforcement Officer is hereby
delegated authority to enforce this chapter, which specifically includes
the authority to issue and serve notices of violations and issuance
of summonses or appearance tickets, or other associated accusatory
instruments, for the enforcement of all ordinances and parking violations.
In addition, the Parking Enforcement Officer may provide testimony
at a Traffic Violations Bureau hearing.
[Added 5-31-2018 by L.L.
No. 4-2018]
A.
The notice of violation shall contain information advising the person
charged of the manner and the time in which he may plead either guilty
or not guilty to the violation alleged in the notice. A person issued
a notice of violation shall have seven days from the date of service
of the notice of violation to plead to such violation. Such notice
of violation shall also contain a warning to advise the person charged
that failure to plead in the manner and time provided shall be deemed
an admission of liability and that a default judgment may be entered
thereon. A duplicate of each notice of violation shall be served on
the person charged in the manner hereinafter provided. The original
or a facsimile thereof shall be filed and retained by the bureau,
and shall be deemed a record kept in the ordinary course of business,
and shall be prima facie evidence of the facts contained therein.
B.
A notice of violation shall be served personally upon the operator
of a motor vehicle who is present at the time of service, or if the
operator or owner is not present, by affixing such notice to said
vehicle in a conspicuous place. The notice shall contain the owner's
name when he is present, but if not present the words "owner of the
vehicle bearing license" may be inserted to be followed by the plate
designation. The notice shall also contain the plate state designation
and the plate type as shown by the registration plates of said vehicle
and the expiration date; the make or model, and body type of said
vehicle; a description of the charged violation, including but not
limited to a reference to the applicable provision of this chapter;
information as to the days and hours the applicable rule or provision
of this chapter is in effect, unless always in effect pursuant to
rule or this chapter.
C.
Notwithstanding any inconsistent provision of Subsection B, where the plate type or the expiration date are not shown on either the registration plates or sticker of a vehicle or where the registration sticker is covered, faded, defaced or mutilated so that it is unreadable, the plate type or the expiration date may be omitted from the notice of violation; provided, however, such condition must be so described and inserted on the notice of violation.
D.
If any information which is required to be inserted on a notice of
violation is omitted from the notice of violation, misdescribed, or
illegible, the violation shall be dismissed upon application of the
person charged with the violation.
E.
For purposes of this section, an operator of a vehicle who is not
the owner thereof but who uses or operates such vehicle with the permission
of the owner, express or implied, shall be deemed to be the agent
of such owner to receive notices of violation, whether personally
served on such operator or served by affixation in the manner aforesaid,
and service made in either manner as herein provided shall also be
deemed to be lawful service upon such owner.
