[HISTORY: Adopted by the Town Board of the
Town of Clifton Park 4-1-2019 by L.L. No. 4-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 176.
[1]
Editor's Note: This local law repealed former Ch. 194, Vehicles
and Traffic, comprised of Art. I, Parking and/or Operation of Motor
Vehicles, adopted 8-13-1991 by L.L. No. 14-1991, as amended; and Art.
II, Vehicles and Traffic Surcharge, adopted 10-4-2004 by L.L. No.
2-2004.
The purpose of this chapter is to protect the public health,
welfare and safety by prohibiting and/or regulating the parking and/or
operating of vehicles within the Town of Clifton Park.
The following words when used in this chapter shall, for the
purpose of this chapter, have the meanings respectively ascribed to
them in this section:
When parking is prohibited by this chapter, no person shall
park a vehicle, whether occupied or not, but may stop or stand temporarily
for the purpose of and while actually engaged in loading or unloading
merchandise or passengers or in the event of an emergency.
Every natural person, firm, partnership, association or corporation.
Halting, even momentarily, of any vehicle, whether occupied
or not, except when necessary to avoid conflict with other traffic,
to comply with the directions of a police officer or traffic control
sign or signs or in the event of an emergency.
The Traffic and Parking Violations Agency will consist of
the Town Attorney and Assistant Town Attorneys, as well as other employees
and individuals as may be appointed by the Town Board, and shall have
the authority to adjudicate all parking tickets issued pursuant to
this chapter.
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 devices used exclusively upon stationary rails or
tracks.
Pursuant to Vehicle and Traffic Law § 1660-a, Subdivision
10, and upon the written request of any of those individuals set forth
in § 1660-a of the Vehicle and Traffic Law, the Town Board
of the Town of Clifton Park does hereby:
A.
Add the position of Security Officer and continue the position of
Parking Enforcement Officer and Code Enforcement Officer (hereinafter
"officer"), whose duties shall include enforcement of this chapter.
This chapter may also be enforced by any other local law enforcement
agency.
B.
Authorize the officer to designate, in accordance with the New York
State Uniform Fire Prevention and Building Code, certain parking spaces
as places for parking for handicapped persons to whom a permit has
been issued pursuant to Vehicle and Traffic Law § 1203-a
and for severely disabled persons to whom a special registration has
been issued pursuant to Vehicles and Traffic Law § 404-a.
A.
The Clifton Park Town Board recognizes the importance of providing
individuals with disabilities with accessible parking spaces within
the Town of Clifton Park.
B.
No person shall stop, stand or park a vehicle in any space designated
as a place for handicapped parking unless the vehicle bears a permit
issued under Vehicle and Traffic Law § 1203-a or a registration
under Vehicle and Traffic Law § 404-a and, in all cases,
such vehicle is being used for the transportation of a handicapped
or severely disabled person.
A.
No person shall stop, park or leave standing any vehicle, whether
or not attended and/or occupied, upon the paved part or the main traveled
part or along the shoulder of that portion of Clifton Park Center
Road lying between Hemlock Drive and Beechwood Drive, Ivy Court, Evergreen
Avenue, Elm Place and Biette Road.
B.
No person shall park or leave unattended any vehicle on any public
or Town highway, road or street on the roads known and designated
as Tallow Wood Drive and Heartwood Court during the time period of
11:00 p.m. through 6:00 a.m.
C.
No person shall park and leave unattended any vehicle on the road
known and designated as Tracey Court between 7:00 a.m. and 4:00 p.m.
on Monday through Friday.
D.
No person shall park or leave unattended any vehicle on the street
or road known as Parkside Trail at any time where no-parking signs
are posted.
E.
No person shall park or leave unattended any vehicle on the pavement
or shoulder of any Town highway, road or street during a period of
snowfall, sleet, freezing rain or other winter-type weather and for
a forty-eight-hour period after the precipitation ceases.
F.
No person shall park or leave unattended any recreational vehicle,
boat and/or trailer on any Town highway, road or street for longer
than a forty-eight-hour period.
G.
No person shall operate or drive a vehicle on Town parklands other than on the recognized and customarily traveled, paved and/or graveled roadways and/or parking lots. Additionally, the use of motorized vehicles shall be restricted on Town-wide trails as provided in § 152-4 of the Town Code.
H.
No person shall operate or drive a vehicle on Town property, or within
any park or preserve property, parking lot, or access road in an unsafe,
reckless or destructive manner nor operate or drive any vehicle in
a manner that creates a public nuisance or annoyance.
I.
No person shall park any vehicle other than emergency vehicles within
500 feet of any firehouse or ambulance station or within a radius
of 15 feet of any fire hydrant.
J.
No person shall park or leave unattended any vehicle in any fire lane. In certain posted areas, vehicles in violation of this section may be towed away as provided in § 73-15 of this Code.
K.
No person shall park or leave unattended any vehicle in any area
of the Clifton Commons or other Town-owned parks other than in designated
areas and/or spaces.
L.
No person shall park or leave unattended any vehicle in any multi-use
trail, sidewalk, or pathway.
A.
A violation of any section of this chapter shall be deemed a traffic
infraction.
E.
Penalties for handicapped parking violations:
(1)
A conviction for the violation of parking in a space reserved for
people with disabilities shall be punishable by a penalty not to exceed
$200.
(2)
For conviction of a second offense committed within 18 months of
the first, the court shall impose a penalty not less than $150, nor
more than $300.
(3)
For a conviction of a third or subsequent offense committed within
18 months of the first, the court shall impose a penalty of not less
than $250, nor more than $500.
F.
For violations of § 194-5 relating to driving on Town property or reckless driving within Town parks or preserves, a penalty not to exceed $500 may be imposed and, as well as the issuance of an order of restitution in cases of damage to persons or property.
G.
All penalties collected pursuant to this chapter shall be paid to
the Traffic and Parking Violations Agency.
A.
Pursuant to Article 14B of the New York State General Municipal Law,
there is hereby established a Traffic and Parking Violations Agency,
hereinafter referred to as, TPVA, which shall have the authority to
adjudicate all parking tickets issued pursuant to this chapter.
B.
The Town Attorney and Assistant Town Attorneys are hereby designated
to be a judicial hearing officer to perform the duties set forth in
§ 1806-a(4) of the New York State Vehicle and Traffic Law.
The powers and duties of the TPVA shall be as follows:
A.
To establish a schedule of penalties which may be listed on the parking
ticket.
B.
To assess penalties; accept pleas; provide a mechanism for the efficient
administration of this chapter.
C.
To accept penalties and issue receipts to those who plead guilty
or are found guilty.
D.
To resolve the claims of those who either plead guilty with an explanation
or not guilty and mitigate the prescribed penalty, in whole or in
part, or refuse to mitigate the same.
E.
To keep a record of all violations issued, penalties assessed and
collected of which each person has pled or been found guilty during
the preceding 36 months.
F.
Where an answer has not been made to a parking ticket within 20 days after the ticket was issued, to enter and file a default judgment of a penalty not to exceed the maximum penalty allowed by § 194-6 as determined by a judicial hearing officer pursuant to the provisions of § 1806-a(4) of the Vehicle and Traffic Law.
G.
To perform such other or additional duties and keep such other and
additional records as shall be prescribed by the Town Board of the
Town of Clifton Park.
H.
To provide that a person who has received a parking ticket may answer
and enter an appearance though a web-based application, by mail or
email, or in person at the TPVA.
I.
The Agency is authorized to promulgate a schedule for penalties which
increases penalties for each offense not answered within the first
20 days after the date of violation.
J.
The Agency is authorized to promulgate rules, regulations and procedures
consistent with and in furtherance of the purposes of this chapter
to provide an effective forum and process for the disposition of traffic
and parking violations within the Town.
A person who has received a parking ticket pursuant to this
chapter may answer by appearing in person at the TPVA, by mail, e-mail
or on a web-based application and plead:
A.
Not guilty, whereupon the case will be transferred to the Clifton
Park Town Court for a trial.
B.
Not guilty with an explanation. The TPVA shall determine whether
such explanation and/or documentation warrants the dismissal of the
ticket and notice of said determination shall be sent to such person.
If the TPVA determines that the ticket should not be dismissed, the
case will be transferred to the Clifton Park Town Court for a trial.
C.
Guilty and pay the penalty listed on the parking ticket.
D.
Guilty with an explanation. The TPVA shall determine whether such
explanation and/or documentation warrants a mitigation of the penalty,
in whole or in part, or refuse to mitigate the same and notice of
said decision shall be sent to such person.
Any person appearing before the TPVA may be represented by an
attorney at his or her expense.
If any section, provision or part thereof in this chapter shall
be adjudged invalid or unconstitutional by a court of competent jurisdiction,
such adjudication shall not affect the validity of the chapter as
a whole or any section, provision or part thereof not so adjudged
invalid or unconstitutional.
This chapter shall be effective April 15, 2019, and shall also
apply to all traffic tickets currently pending in the Clifton Park
Town Court which are hereby transferred to the TVPA and which shall
be handled in accordance with the provisions of this chapter.
