No person shall operate a parking field business
within the Village without first obtaining a license therefor; except
that for any parking field where the length of parking time is unlimited
and no consent, special privilege, fee or obligation is required,
no such license shall be required.
[Amended 9-6-2022 by L.L. No. 4-2022]
A. Definitions. As used in this section, the following terms shall have
the meanings indicated:
COMMERCIAL VEHICLE
A commercial vehicle shall be defined as set forth in § 501-a
of the Vehicle and Traffic Law of the State of New York; shall include
covered farm vehicles and shall not have a gross vehicle weight or
actual weight exceeding 19,500 pounds.
B. Except as otherwise provided herein, no commercial vehicle shall
be parked in any parking field pursuant to this chapter between the
hours of 6:00 p.m. and 7:00 a.m.
C. Regulations; fees required.
(1) The Board of Trustees are authorized to designate no more than four
parking fields for the exclusive use of the residents of the Village
of Hempstead for the sole purpose of parking commercial vehicles between
the hours of 6:00 p.m. and 7:00 a.m. weekdays, all day on weekends
and Village-observed holidays.
(2) Any such commercial vehicle parked in the designated parking fields
outside of the permitted hours or parked without the required permit
may be duly towed at the owner's expense.
(3) Parking requirements; fees. Parking requirements shall be as follows:
(a)
The applicant must submit an affidavit that the vehicle is being
operated by and is under the dominion and control of said resident.
The affidavit shall be accompanied by such documentary evidence, providing
bona fide residency within the Village, proof of the relationship
between the registered owner and the applicant for the permit in such
detail as is sufficient to reasonably satisfy the Village Clerk that
the applicant is a bona fide resident of the Village of Hempstead
and the application comes within the purview of this article.
(b)
Such parking permit issued shall be valid only during the year
of issuance and, further, provided that the person to whom the vehicle
is registered, or under whose dominion and control the vehicle is
operated, remains a resident of the Village. Upon the termination
of either of the above conditions, the parking permit shall be deemed
to automatically terminate and shall be of no further force and effect.
(c)
Payment of the sum of $200 as a permit for any one vehicle for
one year commencing April 1 through March 31 of the next year or $100
as a permit fee for any one vehicle for the period of October 1 through
March 31 of the next year shall be required. Only one commercial vehicle
permit per year will be issued to a bona fide resident/residence,
irrespective of the number of vehicles registered to that resident/residence.
(d)
A parking permit may be transferred from one vehicle to another,
provided that the same resident of the Village is the owner/operator
of record for both vehicles, and further provided that the original
permit, in identifiable form, is surrendered and delivered to the
Village Clerk. There shall be a fee of $1 charged for such transfer.
The side and rear of a parking field requiring
a license pursuant to this chapter, abutting any area or zone designated
as a residence zone, must be screened, not less than six feet in height,
with evergreen screening or a chain link fence with appropriate inserts
placed and maintained so that vehicular lights will be obstructed
and precluded from shining onto the residence-zoned property.
A parking field required to be licensed pursuant
to this chapter shall be graded so that the drainage water will be
deposited in the approximate center of the field and shall drain into
adequate dry wells.
A parking field required to be licensed pursuant
to this chapter shall be paved with asphalt or concrete which will
create a durable and permanent surface and shall be marked so as to
delineate parking spaces and accessways.
A parking field required to be licensed pursuant
to this chapter may be entered upon by the police and other appropriate
Village officials at any time for the purposes of inspection and law
enforcement.