This chapter shall be known as "An Ordinance
of the Town of Webster providing for the Control, Regulation and Maintenance
of Parking and Accessory Areas."
It is the purpose of this chapter to promote
the public health, safety and welfare of the citizens of the Town
of Webster by providing for the control, regulation, maintenance,
cleanliness and preservation of parking and accessory areas provided
for or required in connection with any subject premises as herein
defined.
For the purpose of this chapter, terms used
herein are defined as follows:
ACCESSORY AREA
Buffer zones, setbacks or other areas, surfaced or natural,
open space or improved space in connection with subject premises.
ASHES
The residue from the burning of wood, coal, coke or other
combustible materials.
AUTHORIZED OFFICIAL
The Commissioner of Public Works or his/her division heads
or agents or designees and such deputies as he shall appoint, subject
to the approval of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
FIRE LANES
Lanes of sufficient width for use by fire-fighting equipment
established in the parking area adjacent to buildings and structures.
GARBAGE
Putrescible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food.
GARBAGE RECEPTACLE
A covered container which is rodent-, vermin-, insect- and
waterproof which contains discarded garbage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
HOLDER
Owner, tenant, trustee, receiver, executor, managing agent
or other person who controls in whole or in part any subject premises.
LIGHTING PERIOD
One-half hour after sunset of any day to 1/2 hour before
sunrise of the following day.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
PARKING AREA
Space provided by holder for the parking of vehicles on any
subject premises, together with the means of ingress and egress thereto
and the roads and driveways of any subject premises.
PARKING SPACE
Designated places in a parking area for the parking or standing
of automobiles, trucks, motorcycles and other vehicles.
POTHOLE
Holes and cracks occurring on any paved or unpaved surface
of a parking area.
REFUSE
All solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
RUBBISH
Nonputrescible solid wastes, including ashes, consisting
of both combustible and noncombustible wastes, such as, paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials.
SUBJECT PREMISES
Any premises which contains 15 or more acres in whole or
in part, any parking area servicing any individual, commercial (retail,
wholesale or services to the public), professional, entertainment,
recreational, apartment, townhouse, planned unit development or multiple
dwelling use or area or other areas used for purposes or functions
to which the general public is invited, directly or indirectly, the
ingress and egress thereto, roads and driveways therein, buffer zones,
setbacks or other open space in connection therewith with respect
to all of said areas used in connection with such premises.
TRAFFIC LANES
Lanes for the control and regulation of automobile, truck,
bicycle, other vehicle and pedestrian flow in a parking area.
TRASH RECEPTACLES
A container with appropriate covers to receive hand-carried,
discarded paper and trash.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
Any holder of a subject premises shall comply
with the following regulations:
A. All roads, sidewalks,
driveways and parking areas used in connection with subject premises
must be kept in proper repair, free from potholes, free from dirt
where paved and free from refuse, snow and ice, except that snow may
be piled on subject premises as long as it does not interfere with
the internal circulation and parking of the parking area and does
not hinder driver vision when entering or leaving the subject premises.
B. The subject premises
must be kept free and clear of ashes, dirt, debris, rubbish, garbage,
refuse and other obstructions and must be kept properly repaired and
maintained.
C. Fire lanes, traffic
lanes and parking lines for parking spaces, where required, shall
be maintained and properly painted and marked so that such lanes and
lines will be clearly visible to vehicle operators and pedestrians.
D. Because of the
traffic and safety hazard resulting from the random leaving of shopping
carts in parking and accessory areas by persons, holders which provide
shopping carts for its customers and shall allow its customers to
remove such carts from their store premises are required to take whatever
steps as are necessary to ensure that such carts are not left in parking
or accessory areas after use by such customers. Shopping cart collection
stations may be used in a parking area, provided that such stations
do not create a traffic hazard, are kept free of snow and ice and
are frequently policed by the store's employees so that the capacity
of the stations are not exceeded. Failure of a holder to remove its
cart from a parking or accessory area, other than from a cart collection
station with sufficient capacity, for more than 30 minutes after use
by a customer shall constitute a violation of this chapter by such
holder. Each cart that remains in a parking or accessory area in violation
of this regulation shall constitute a separate offense.
E. All prescribed
lights on subject premises must be kept in proper working order and
lighted during the lighting period when the subject premises or any
portion thereof is being used by the holder, or the subject premises
or any portion thereof is open for business. The authorized official
may require the holder of any subject premises to reduce outdoor lighting
after business hours.
F. All fences, signs,
screening, curbing, traffic barriers and islands, grass, trees, shrubbery,
landscaping, retaining walls, slopes and other space used in connection
with subject premises must be maintained and/or repaired.
G. All water drainage
systems used in connection with subject premises must be kept clean
and in proper working order.
H. All stormwater
retention ponds and systems related thereto used in connection with
subject premises shall be maintained in proper working condition.
I. All exterior areas
on subject premises must be kept free and clear of the storage of
goods, wares and merchandise unless otherwise permitted by the authorized
official. Loading and unloading are to be done in designated zones
only.
J. All refuse or
debris must be stored in a designated place or places in proper garbage
receptacles which shall be screened from public view by fencing or
other appropriate techniques.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K. There shall be,
at convenient places for use by the public, proper trash receptacles
which shall be sufficiently serviced to prevent overflow.
L. Where required,
facilities for the parking of bicycles and motorbikes on subject premises
and parking spaces and related ramp facilities for handicapped persons
shall be maintained and properly designated.
M. Any deterioration
of the exterior of any building on subject premises with respect to
painted surfaces, siding, roofing, brickwork, mortar joints, signs,
copings, overhangs, porches or other appendages, entrance or exit
doors, display windows or any other part of the building exterior
where such deterioration constitutes a hazard to the public, would
cause significant and serious damage to the structure itself, or is
unsightly and esthetically detrimental to subject premises or any
property near subject premises, must be repaired or corrected.
N. Traffic and parking control standards to which holders of subject premises have conformed under §
226-4 of this chapter must be maintained.
O. Engineering requirements,
landscape plans, parking and traffic control plans or any other criteria
or requirements upon which approval of a site plan or special permit
for subject premises is obtained from the Town Board upon recommendations
by the Planning Board or from the Zoning Board of Appeals must be
adhered to at all times.
Where this chapter imposes greater restrictions
or standards than are imposed by the provisions of any law, ordinance,
regulation or private agreement, this chapter shall control. Where
greater restrictions are imposed by any law, ordinance, regulation
or private agreement than are imposed by this chapter, such greater
restrictions and standards shall control.