[Adopted by L.L. No. 7-2000]
The Code that follows deals with the regulation
of parking on the streets and highways within the Town of Deerpark.
By adoption of this chapter, the Town of Deerpark declares its intent
to regulate parking on the streets in the Town when such parking may
interfere with snow removal or tend to increase hazards on the highways
in the winter months by parking overnight, without lights or otherwise,
an unattended vehicle. Reference is made to the Vehicle and Traffic
Law of the State of New York, § 1660, Subdivision (a)18,
for the legislative authority to so enact this chapter.
[Added 10-5-2009 by L.L. No. 2-2009]
A. It shall
be unlawful to park any portion of a motor vehicle within the driving
lanes of any public road or highway within the Town of Deerpark at
any time.
B. Penalties
for offenses.
(1) Any
person who commits or permits any act in violation of the provisions
of this section shall be deemed to have committed an offense against
such section and also shall be liable for any such violation or the
penalty therefor. Each day such violation shall continue or be permitted
to exist shall constitute a violation.
(2) For
every violation of any provision of this section, the person, firm,
entity or corporation violating the same shall be subject to a fine
of not less than $0 and not more than $150. Such fine shall be payable
to the Town Clerk of the Town of Deerpark.
It shall be unlawful to delay, hinder or obstruct
any vehicle or equipment engaged in the operation of snow plowing
or snow removal upon the public streets after a precipitation of snow
of 2 1/2 inches or more, and thereafter until the streets are
plowed and clear of snow. It shall be unlawful for any person to park
any vehicle upon any public street while said street is being plowed
or cleared unless a person capable of operating it attends such vehicle.
The owner or person in charge or in control of any vehicle standing
in any street shall move, or cause the same to be moved, so as not
to be in the path of the equipment clearing the streets of snow.
[Adopted 10-18-2021 by L.L. No. 4-2021: ]
The Town Board of the Town of Deerpark recognizes the potential
danger created by the improper parking of motor vehicles resulting
from the congregation and illegal/improper parking of numerous motor
vehicles on public roadways and state highways in the Town of Deerpark,
including but not limited to the section of NYS Route 97 commonly
known as "The Hawks Nest," Guymard Turnpike, Prospect Hill Road, and
the section of Hook Road in the vicinity of an access to the Number
2 Bridge. The Town of Deerpark, therefore, deems it appropriate to
control the parking of motor vehicles within the Town in a manner
compatible with the health, safety, and general welfare of the residents
of the Town and the property within the Town as set forth herein.
This Local Law specifically supersedes and replaces the penalties
provided for in previously enacted Local Law Number 7 of 2000; Local
Law Number 2 of 2009; and Local Law Number 1 of 2020,
For the purposes of this article, the following terms are defined
as follows:
ENFORCEMENT AGENCY
Defined as the New York State Police, Orange County Sheriff's
Department, and Town of Deerpark Police Department.
PARKING/STANDING
For a motor vehicle (all types) to be stopped, for any period
of time, with its engine on or off, whether in a designated area or
on the roadway, for any reason other than to avoid an imminent collision
with a person, other motor vehicle, or other object in or alongside
the roadway.
SHOULDER
That portion of a highway immediately adjacent to the side
of a roadway, customarily used for emergency travel or parking/standing.
STATE
The State of New York.
STATE PROPERTY
All land owned, or leased, by the State of New York, including
state highways and roads and the shoulders thereof, trails and parklands,
and any private land over which the state of New York possesses an
easement.
TOWN
The Town of Deerpark, Orange County, New York.
The Town of Deerpark hereby authorizes and designates the following
agencies as having the authority and responsibility of enforcing the
provisions of this article, as well as constructing and placing signage
regarding parking of Motor Vehicles:
A. The Town of Deerpark Highway Department as directed by the Town Board;
B. The New York State Department of Transportation; and
C. The State of New York via pertinent provisions of the Vehicle and
Traffic Law as it pertains to issues of parking on state highways
in the Town of Deerpark, Orange County, New York.
For any violation of the terms of this article, prohibited acts,
and conditions of use, the offender shall be liable for a penalty
not less than $100 nor to exceed $500 or a term of imprisonment not
to exceed 30 days, or both, for each separate item and incident in
violation of this article.
Nothing herein shall prohibit or excuse the obligation of individuals
to comply with the provisions of the Vehicle and Traffic Law of the
State of New York regarding the vehicles and operation of same herein.