As used in this chapter, the following terms shall have the
meanings indicated:
COMMERCIAL VEHICLE
Any vehicle with APPORTIONED, BUS, TAXI, T&LC, FARM,
LIVERY, SCHOOL, TOW TRUCK, TRACTOR, SPEC. COMM. OR COMMERCIAL number
plates from the State of New York, or the equivalent type of number
plate from any other state, district, territory or foreign country
being used in commerce with or without commercial signs or logos affixed
thereto, with the exception of pickup trucks.
CONSTRUCTION EQUIPMENT
Any vehicle or equipment, with or without wheels, and of
a type used primarily by the construction industries. Such equipment
may include, but is not limited to, bulldozers, backhoes, skid-steer
loaders, excavators, construction tractors, concrete mixers, dump
trucks, graders, hoists, power shovels, tank trucks, trenching machines
and water well drilling machinery.
PARKING/PARKING
Standing motionless and unattended for an interval of time
longer than is reasonably necessary to load or unload passengers or
freight or to perform its intended functions. For purposes of this
chapter, "parking" shall also include "storage."
PICKUP TRUCK
A light duty truck (class 1, 2 or 3) having an enclosed cab
and an open cargo area with low sides and a tailgate, without any
signs or logos on the truck.
RESIDENTIAL PROPERTY
All property located within the geographical boundaries of
the Village of Asharoken, except:
A.
Property located within an agricultural district adopted by
the County of Suffolk and certified by the Commissioner of Agriculture
and Markets pursuant to Article 25AA of the New York State Agriculture
and Markets Law; and
B.
Property owned by a municipality and used for a public purpose.
TRAILER
An unpowered vehicle with TRAILER number plates towed by
a motor vehicle for use in commerce or designed to be used for human
habitation.
Unless authorized by a special permit granted by the Board of Trustees pursuant to §
116-4, no person shall park, or permit the parking of, a trailer, commercial vehicle or construction equipment on any residential property, except when such trailer, commercial vehicle or construction equipment is fully enclosed within a lawful building, or except during such time as such trailer, commercial vehicle or construction equipment is being used on the premises in connection with lawfully permitted construction activities.
Any person or legal entity alleging a hardship arising from the regulations set forth in §
116-3 may apply to the Board of Trustees for a special permit to allow the parking of a trailer, commercial vehicle or construction equipment on residential property, when such trailer, commercial vehicle or construction equipment is not fully enclosed within a lawful building. In reviewing such application, the Board of Trustees shall apply the standards set forth in Village Code §
125-41.
Any person or legal entity found in violation of any of the
provisions of this chapter shall be guilty of an offense punishable
by a mandatory fine of $250 for each offense. It shall be deemed a
new or additional offense for every twenty-four-hour period during
which the violation continues unabated, provided that a new accusatory
instrument is issued.