[Adopted 3-7-2019 by L.L.
No. 1-2019]
The following words and phrases when used in this article shall
have the following meanings:
The entire width between the boundaries of every publicly
maintained way within the Town of New Paltz, County of Ulster, State
of New York, lying outside the geographical boundaries of the incorporated
Village of New Paltz, when any part thereof is open to the use of
the public for purposes of vehicular travel.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, including electrically/driven
chairs being operated or driven by physically impaired person; vehicles
which run only upon rails or tracks (except construction vehicles
actually engaged in the performance of work) and snowmobiles as defined
in this article.
The standing of a motor vehicle, whether occupied or not,
other than temporarily for the purpose of and while actually engaged
in loading or unloading merchandise or in receiving or discharging
passengers.
Every natural person, firm, partnership, association or corporation.
That portion of a highway improved, designed, marked, or
ordinarily used for vehicular travel, exclusive of the shoulder and
slope.
That improved portion of a highway contiguous with the roadway.
That portion of a highway exclusive of the roadway and shoulder.
Any motorized vehicle designed for travel on snow or ice,
steered by skis or runners and supported in whole or in part by one
or more skis, belts or cleats.
The stopping of a motor vehicle, whether occupied or not,
other than temporarily for the purpose of and while engaged in receiving
or discharging passengers.
Any halting, even momentarily, of a motor 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 signal or sign.
The Town of New Paltz, Ulster County, New York lying outside
the geographical boundaries of the incorporated Village of New Paltz.
The parking, stopping, or standing of any motor vehicle by any
person upon any highway within the Town in violation of this article
is prohibited.
The parking, stopping, or standing of any motor vehicle by any
person upon the roadway or upon the shoulder or upon the slope of
any highway within the Town in the vicinity of any flood, fire or
other public emergency where the parking, stopping or standing of
motor vehicles constitutes an obstruction to traffic or to emergency
or rescue operations, is prohibited.
A.Â
The parking, stopping, or standing of any motor vehicle by any person
upon the roadway or upon the shoulder or upon the slope of any highway
within the Town commencing from the time that the accumulation of
snow reaches a level of at least two inches and continuing until such
time as the highway has been fully plowed and cleared;
B.Â
It is the responsibility of the owner or operator of any vehicle
parked on any highway within the Town or in a parking lot owned, leased
or maintained by the Town to be aware of the forecast of weather conditions
which may result in an accumulation of greater than two inches of
snow.
A.Â
In addition to any other lawful duty or responsibility, the Highway
Superintendent is authorized to post temporary signs at locations
along highways throughout the Town prohibiting the parking, stopping
or standing of motor vehicles for a designated period of time to facilitate
the provisions, purposes and intents of this article.
B.Â
The New Paltz Police Department, with the advice and consent of the
Highway Superintendent, is authorized to post temporary signs at locations
along highways throughout the Town prohibiting the parking, stopping
or standing of motor vehicles for a designated period of time to facilitate
the provisions, purposes and intents of this article.
A.Â
In addition to any other penalties imposed for a violation of this
article, the Town of New Paltz Police Department is authorized to
provide for the removal and storage of motor vehicles found in violation
of this article where such motor vehicle impairs, impedes or obstructs
the movement of motor vehicles upon Town highways or impairs, impedes
or obstructs emergency or rescue operations or snow removal.
B.Â
Except where a motor vehicle which is lawfully parked is caused to
immediately be removed at the direction of the Town of New Paltz Police
Department as the result of fire, flood, water or sewer main breaks
or other condition which threatens or impairs the general health,
safety or welfare, the payment of the reasonable charges for the removal
and storage of motor vehicles removed pursuant to the provisions of
this article shall be the sole and exclusive responsibility of the
owner or operator of such motor vehicle.
(1)Â
The owner of the facility at which the vehicle is stored shall be
entitled to collect a fee for storage as set from time to time by
resolution of the Town Board.
(2)Â
The vehicle so removed shall be retained under the custody of the
storage facility until such time that the removal and storage charges
have been paid.
(3)Â
Any person who removes a motor vehicle from the premises to which
it had been removed and is stored without payment of the removal and
storage charges then due shall be deemed to have committed a violation
and, upon conviction, shall be liable to a fine not to exceed that
set annually by resolution of the Town Board.
A.Â
The violation of any of the provisions of this article shall constitute
a violation as defined in the Penal Law of the State of New York.
B.Â
Every person convicted of a violation of any provision of this article
shall:
(1)Â
For a first conviction thereof be punished by a fine of not more
than $50 or by imprisonment for not more than 15 days or by both such
fine and imprisonment;
(2)Â
For a second such conviction within 18 months thereafter by a fine
of not more than $100 or by imprisonment for not more than 45 days
or by both such fine and imprisonment;
(3)Â
For a third or subsequent conviction by a fine of not more than $250
or by imprisonment of not more than 90 days or by both such fine and
imprisonment.
