This chapter shall be known and may be cited as the "Town of East Greenbush Fire Lane Law."
[HISTORY: Adopted by the Town Board of the Town of East Greenbush 8-5-1987 by L.L. No. 2-1987 (Ch. 15D of the 1991 Code). Amendments noted where applicable.]
The purpose of this chapter is to regulate the stopping, standing or parking of any vehicle at any time in any area hereinafter established by the Town Board of the Town of East Greenbush or its designee as a fire lane in order to prevent the obstruction or interference with the ingress and egress of emergency vehicles for the protection of persons and property pursuant to § 1660-a of the Vehicle and Traffic Law of the State of New York.
As used in this chapter, the following terms shall have the meanings indicated:
Every ambulance, police vehicle, fire vehicle, civil defense emergency vehicle and ordinance disposal vehicle of the Armed Forces of the United States.
Any vehicle engaged in the delivery and/or loading of merchandise, supplies or other material or the rendering of services to stores or business establishments.
The operation or parking of an authorized emergency vehicle when such vehicle is engaged in transporting a sick or injured person, pursuing an actual or suspected violator of the law or responding to or working or assisting at the scene of an accident, authorized emergency training exercise, disaster, police call, alarm or fire or other emergency. "Emergency operation" shall not include returning from such service.
Any zone or area established as such pursuant to this chapter.
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 person who resides in the Town of East Greenbush or pays real property taxes to the Town of East Greenbush.
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, 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.
The Town of East Greenbush situated in Rensselaer County in the State of New York.
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 used exclusively upon stationary rails or tracks.
This chapter applies only to fire lanes established by the Town Board or its designee pursuant to this chapter or any amendment thereto.
The stopping, standing or parking of any vehicle in any area established by the Town Board of the Town of East Greenbush or its designee and marked "fire lane" within the geographical limits of the Town of East Greenbush is hereby prohibited unless herein and hereafter expressly permitted.
The prohibitions contained in § 16-5 hereof shall not apply to:
A.
Commercial vehicles parked at loading docks or service entrances to stores or business establishments while said commercial vehicles are actively engaged in the delivery and/or loading of merchandise, supplies or other material or the rendering of services to such stores or business establishments.
B.
Authorized emergency vehicles engaged in emergency operation within the particular location of the fire lane.
C.
All public transit buses, such as CDTA buses, or any other services to persons or property within the particular location of the fire lane.
A.
The Town Board or its designee shall designate any areas at, on or near any interior street, roadway, driveway or parking area in which any obstruction due to the parking or placing therein of any vehicle or any other physical object will cause interference with the ingress and egress of firefighting equipment or authorized emergency vehicles or which will create a condition dangerous to life or property in the event of fire.
B.
The Code Enforcement Official will review all site plans.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C.
The designated areas shall thereupon be marked with standard signs and/or such other markings and signs which conform to accepted sign standards as set forth in the New York State Manual of Uniform Traffic Control Devices and which are deemed necessary and proper by the Town Board or its designee.
D.
Signs and markings shall be installed by and at the expense of the owner of the property within 120 calendar days after receipt of official written notice by the Town Board or its designee designating and depicting areas and locations of such signs and markings.
E.
In the event that any owner refuses or fails to install any and all required signs and markings within 120 calendar days of receiving said official notice, the Town shall promptly perform the required work, and the Town Board or its designee may provide for the assessment of all costs and expenses so incurred by the Town in connection with any such action taken, to become a lien against the land on which such signs and markings are located.
Notwithstanding the provisions of § 16-9B:
A.
Any person, persons, firm, associations, partnership or corporation violating the provisions of § 16-5 of this chapter shall be guilty of a traffic infraction and shall, upon conviction thereof, be subject to a fine as set in § 20-36.
[Amended 1-18-2023 by L.L. No. 1-2023; 6-21-2023 by L.L. No. 4-2023]
B.
The Town Attorney may maintain an action or proceeding in a court of competent jurisdiction to compel compliance with any provisions of this chapter or any rule or regulation promulgated pursuant thereto.
A.
The enforcement of this chapter and rules and regulations promulgated pursuant thereto will be by the Police Department of the Town, by the Fire Prevention Bureau of the Town and by such special persons as may be from time to time authorized by the Town Board of the Town of East Greenbush.
B.
Any vehicle stopped, standing or parked in a fire lane may be removed therefrom and stored at the direction of the Town of East Greenbush Police Department and/or the Department of Fire Prevention. The owner or operator of such vehicle shall be liable to the Town of East Greenbush or its designee for the payment of reasonable charges for such removal and storage of any such vehicle.
If any portion, subsection, sentence, clause, phrase or portion thereof of this chapter is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portion thereof.[1]