Town of Blooming Grove, NY General Regulations

Parking, wherever permitted on streets and all highways maintained by the State of New York, Orange County, and/or the Town, will be parallel to the curb only.

All ordinances or parts of ordinances in conflict herewith be and the same hereby are repealed.

Double parking shall be prohibited throughout all of the streets and highways within the Town of Blooming Grove.

Violation of this section shall subject such person to a penalty of $50 for each and every offense.

In addition thereto, the violator may be subject to additional penalties as permitted by state law and as otherwise provided herein.

Pavement marking.

The system of pavement marking duly adopted for state highways is hereby adopted by the Town of Blooming Grove, and such markings shall have the same meaning, force and effect as amended for said markings upon state highways.

All ordinances or parts of ordinances in conflict herewith be and the same hereby are repealed.

Violation of this section (pavement markings) shall subject such person to a penalty of $75 for each and every offense.

In addition thereto, the violator may be subject to additional penalties as permitted by state law and as otherwise provided herein.

Designation of fire lanes and related pavement markings. The Code Enforcement Officer and/or Building Inspector will designate all fire lanes in all parking areas of business, commercial and other establishments that require fire lanes or enforce the adopted approved site plan for the location.

Definitions. As used in this article, the following terms shall have the meanings indicated:

PARKING

Stopping upon and leaving a motor vehicle or motorcycle unattended by a person lawfully permitted to operate it.

PARKING AREA

An area or areas of land, near or contiguous to a shopping center or business or apartment complex or commercial and/or establishments that require fire lanes and used by the public as a means of access to and egress from the store and business establishments at a shopping center or a business or apartment complex or commercial and/or establishments that require fire lanes and for the parking of motor vehicles of customers, residents and patrons thereof.

STOPPING/STANDING

The act of stopping a vehicle, whether occupied or not, except for temporarily standing for the purpose of and while actually engaged in receiving or discharging passengers.

Marking of fire lanes.

Said fire lanes shall be designated by appropriate signs and markings installed and maintained by the property owner 30 days after notice is given. Failure of the property owner to comply after 30 days of notice of violation shall result in a penalty for each day the violation shall continue. The words "no parking," "stopping," and "standing" shall be at least three inches in height, and the words "fire lane" shall be printed at least two inches in height. The lettering shall be red on permanently mounted metal material at least 12 inches by 18 inches in size. Background for the printing shall be white. These signs shall be erected along the designated areas of fire lanes no more than 30 feet apart in such a way as to be clearly visible to the public.

A fire lane will be considered that area which extends from all curblines in which the parking, standing or stopping of vehicles is prohibited to the nearest designated parking area, which in any event shall be a minimum of 30 feet. Such fire lane shall be appropriately marked by yellow lines from the curb to a distance of eight feet into such fire lane.

Blocking or obstructing fire lanes. No person shall allow any vehicle to park, stop or stand in any fire lane, except:

Momentarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers; or

When necessary to avoid conflict with other traffic or in compliance with the direction of a police officer or traffic control officer.

Penalties for offenses.

Any person or persons, firm or corporation violating any of the provisions of § 222-3C(2) or neglecting to comply with any order issued by the Building Inspector and/or Code Enforcement Officer pursuant to that section shall be guilty of a misdemeanor and, upon conviction thereof, shall be subject to a fine of not less than $250 nor more than $1,000 or imprisonment for not more than one year, or both, for each offense. Each day that said violation is permitted to exist beyond the period fixed in the order so issued shall be a separate offense.

A fine of $100 shall be charged to the driver or registered owner of any vehicle found in violation of § 222-3C(3).

Enforcement. The Code Enforcement Officer and/or the Town of Blooming Grove Police Department shall be empowered to enforce this article.

(6)

Conflict with other laws. Whenever the requirements of this article are at variance with the requirements of any other lawfully adopted rules, regulations, ordinances or local laws, the most restrictive or that imposing the highest standards shall govern.

§ 222-4 Commercial buses excluded; exemptions.

All commercial buses for hire and other coach-type buses for the carrying of passengers for hire are excluded from traveling or operating on all streets and highways within the Town of Blooming Grove or under the jurisdiction of the Town of Blooming Grove, except for the following streets, roads and highways:

State-owned and -maintained roads and highways.

County-owned and -maintained roads and highways.

Curly Road, Museum Village Road, and Orange and Rockland Road.

Mountain Lodge Road from State Route 208 to Clove Road.

Hudson Road from State Route 94 to State Route 208.

(6)

Clove Road Extension from Orrs Mills Road to the Town line with the Town of Cornwall.

(7)

Orrs Mills Road from the Town line with the Town of Cornwall to the intersection with State Route 94.

The following vehicles are specifically exempt from the application of this section:

Buses carrying children for school, educational or recreational purposes, provided that such buses use the excluded highways for the purpose of picking up or discharging children at their respective homes; these buses must be yellow in color and clearly marked as a school bus and meet any and all requirements governing these buses as it applies to the New York State laws and federal laws. The routes and roads that these buses are allowed to travel will be approved for use by the Town's Highway Superintendent or in his or her absence the Town Engineer and agreed upon and authorized by Town Board resolution prior to allowing such use. Bus size, type, weight, dimensions, and road conditions will be the determining factors that will be considered prior to approval.

The buses operated by the County of Orange for physically handicapped and senior citizens and transport of Orange buses. The Town routes and Town roads that these buses are allowed to travel will be approved for use by the Town's Highway Superintendent or in his or her absence the Town Engineer and agreed upon and authorized by Town Board resolution prior to allowing such use. Bus size, type, weight, dimensions, and road conditions will be the determining factors that will be considered prior to approval.

Buses utilized for the transportation of senior citizens on organized tours, provided that such buses use the excluded highways for the purpose of picking up or discharging senior citizens at senior citizen complexes. The Town routes and Town roads that these buses are allowed to travel will be approved for use by the Town's Highway Superintendent or in his or her absence the Town Engineer and agreed upon and authorized by Town Board resolution prior to allowing such use. Bus size, type, weight, dimensions and road conditions will be the determining factors that will be considered prior to approval.

Buses owned and operated by the Town of Blooming Grove utilized for the transportation of senior citizens and those who have physically handicapped restrictions, provided that such buses use the excluded highways for the purpose of picking up or discharging senior citizens and those who have physically handicapped restrictions at their homes. The Town routes and Town roads that these buses are allowed to travel will be approved for use by the Town's Highway Superintendent or in his or her absence the Town Engineer and agreed upon and authorized by Town Board resolution prior to allowing such use. Bus size, type, weight, dimensions, and road conditions will be the determining factors that will be considered prior to approval.

Any bus, regardless of ownership, that is found in violation of this section will be:

Impounded by the Chief if Police (as described in § 222-8) and remain there until released by a court of equal jurisdiction and control.

For any violation of this code, the Police Department shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of this section.

(c)

If there is no response in the Justice Court to the appearance ticket issued, the court will direct the Chief of Police to issue a summons to the owner of the bus to which the appearance ticket was issued to the driver and direct that the same be served upon said owner. In any prosecution charging a violation of this section, proof that the bus was operating on a road without permission and authority in violation of this section, together with proof that the defendant (driver of the bus) named in the summons issued by the court was at the time of the violation the registered owner thereof, shall constitute a presumption that the registered owner of such bus was the person who authorized the defendant (driver of the bus) to operate the bus where and for the time during which such violation occurred or who gave his or her consent to the person who operated the bus where and for the time during which such violation occurred.

(d)

Penalties for violation.

[1]

Every person convicted of a traffic infraction for a violation of any provision of this section which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not less than $300 nor more than $500, or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 12 months thereafter, such person shall be punished by a fine of not less than $500 nor more than $800, or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

[2]

In addition, any owner found guilty of a third violation within 18 months after the first conviction shall be subject to forfeiture of said bus and a fine no less than $2,500.

[3]

Each day a bus is operated in violation of this section will constitute a separate violation.

§ 222-5 Handicapped parking.

Use of permit. Any vehicle bearing a handicapped parking permit issued pursuant to § 1203-a of the Vehicle and Traffic Law of the State of New York is authorized to park in any area in the Town of Blooming Grove designated for parking for the handicapped.

Establishment of spaces for parking for handicapped persons.

The Planning Board of the Town of Blooming Grove is hereinafter empowered to require the inclusion of spaces for handicapped parking in any site plan for the construction of shopping centers, offices and any other commercial use in the Town of Blooming Grove.

The Code Enforcement Officer and/or Building Inspector will designate all preexisting spaces for handicapped parking in all parking areas of business, commercial and other establishments that require spaces for handicapped parking and/or enforce the adopted approved site plan for the location.

Use of permit by unauthorized person. Any person to whom a permit has not been issued and who shall use a permit issued pursuant to this chapter for any purpose other than parking a motor vehicle while transporting a physically handicapped person shall be guilty of a traffic infraction within the meaning of § 2220 of the Vehicle and Traffic Law.

Parking permit; limitations on use. A vehicle bearing such parking permit for the handicapped shall be deemed in violation of the applicable rules and regulations governing parking in the Town of Blooming Grove when such vehicle shall be parked in a bus stop, a taxi stand, within 15 feet of a fire hydrant, a fire zone, a fire lane, a firehouse, a driveway, a crosswalk or is double parked.

Violation.

Whenever any motor vehicle which does not bear a parking permit for the handicapped is found parked in an area designated for handicapped parking, the Police Department shall have the power, right and authority to issue an appearance ticket, as the same is defined in Article 150 of the Criminal Procedure Law of the State of New York, for the violation of this section.

If there is no response in the Justice Court to the appearance ticket issued, the court will direct a member of the Police Department to issue a summons to the owner of the motor vehicle to which the appearance ticket was affixed and direct that the same be served upon said owner. In any prosecution charging a violation of this section, proof that the vehicle was parked in violation of this section, together with proof that the defendant named in the summons issued by the court was at the time of the violation the registered owner thereof, shall constitute a presumption that the registered owner of such vehicle was the person who parked or placed the vehicle at the point where and for the time during which such violation occurred or who gave his or her consent to the person who parked or placed the vehicle at the point where and for the time during which such violation occurred.

Penalties for violation.

Every person convicted of a traffic infraction for a violation of any provision of this section which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall, for a first conviction thereof, be punished by a fine of not less than $100 nor more than $200, or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not less than $200 nor more than $300, or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $400 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

Every person convicted of a traffic infraction for a violation of § 222-5C. The owner of the permit will have their permit suspended for a period no less than six months, and the unauthorized person found in possession and using the permit will be subject to: for a first conviction thereof, be punished by a fine of not less than $200 nor more than $300, or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not less than $300 nor more than $400, or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $500 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.

§ 222-6 Towing of vehicles.

No vehicle will:

Stand and/or park in an established fire zone, fire lane or violating other provisions of the chapter may, upon the direction of a police officer, be towed to any public or private parking facility, and the expense of such removal and subsequent storage shall be borne by the registered owner of such vehicle.

Remain or stand unattended in any unrestricted public place or parking lot unless the engine is stopped and the ignition is shut off and the ignition key removed from the vehicle, with brakes effectively set thereon; and, when standing upon any grade, the front wheels turned to the curb or side of the highway or otherwise secured as required in the circumstances.

Stand unattended with the ignition key in the vehicle, in violation of this section, such police officer is authorized to remove such key from such vehicle and to deliver such key to the police officer in charge of the police headquarters of the Police Department, and said vehicle may be dealt with or disposed of as set forth in § 222-8 herein or otherwise as may seem indicated in the circumstances.

Be parked in front of any private driveway or in front of or within 10 feet, measured along the curb and/or the edge of pavement, of the entrance to any theater, auditorium, church or other public building or any firehouse, police headquarters, ambulance building, except for such reasonable time as may be necessary for taking on or discharging passengers or merchandise. The vehicle will be towed to any public or private parking facility, and the expense of such removal and subsequent storage shall be borne by the registered owner of such vehicle.

§ 222-7 Prohibited acts and exceptions.

The following acts are hereby prohibited:

The parking of unlicensed, unregistered, and/or uninsured vehicles upon any part of the public street.

Abandoning any vehicle within the Town or leaving any vehicle within the Town for such time and under such circumstances as to give a reasonable appearance of abandonment.

Leaving any partially dismantled, nonoperating, wrecked or junked vehicle on any street or highway within the Town.

Allowing any partially dismantled, nonoperating, wrecked, junked or discarded vehicle to remain longer than 24 hours on the property of any owner, tenant, occupant, lessee or other person in charge or control thereof, and no person shall leave any such vehicle on any property within the Town for a longer time than 24 hours.

Parking or standing of vehicles in restricted areas at the time of hazard or emergency.

(6)

Overnight parking (11:00 p.m. to 6:00 a.m.) or standing of any commercial vehicle, trailer, flatbed, and/or equipment on Town roads (except where permitted by the Town Board via a Town Board resolution).

(7)

Notwithstanding the foregoing, this section shall not be construed to prevent the delivery to or pickup of merchandise or other property with respect to dwellings or commercial businesses situated along such highways or Town roadways; nor shall any person be prevented from traveling on said highways to and from his place of residence or business.

(8)

Taxicab receiving and discharge of passengers.

A taxicab may discharge a passenger on any street in the Town when directed to do so by a passenger, provided that such taxicab pulls into the curb and does not block traffic. At no time shall a taxicab stop in the main traffic lane to discharge passengers or stop in such a way as to impede the flow of traffic on any street within the Town.

Every owner, driver or his/her representative shall remain inside the taxicab or visibly within the vicinity of the vehicle when said taxicab is legally parked, except that, when necessary, a driver may be absent from his taxicab for no more than five consecutive minutes for personal reasons. Nothing herein contained shall prohibit a driver from aligning to the street, edge of pavement, or sidewalk for the purpose of assisting passengers into or out of the vehicle.

(c)

No taxicab will be parked for more than 10 minutes, other than to receive or discharge passenger(s) curbside, in a residential area unless so designated to do so by Town Board resolution.

(d)

No taxicab will be parked for more than 10 minutes, other than to receive or discharge passenger(s) curbside, in a commercial area unless so designated to do so by Town Board resolution or as designated by site plan approval.

(9)

Penalties for violation. Every person convicted of a traffic infraction for a violation of any provision of this section will, for a first conviction thereof, be punished by a fine of not less than $100 nor more than $200, or by imprisonment for not more than five days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person will be punished by a fine of not less than $200 nor more than $300, or by imprisonment for not more than 15 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person will be punished by a fine of not more than $400 or by imprisonment for not more than 25 days, or by both such fine and imprisonment.

Exceptions. This chapter shall not apply to any vehicle:

In an enclosed building;

Operated in a lawful place and manner on the premises of a business enterprise when necessary to the operation of such business enterprise; or