[Adopted 2-27-2024 by L.L. No. 2-2024]
A local law amending Chapter 278 of Clarkstown Town Code adding a section on "Policy Regulating the Stopping, Standing, and Parking of Buses/Vans or Chartered Vehicles and the Discharge of Passengers Within the Town."
Incidents have occurred in the Town of Clarkstown in which buses/vans
or chartered vehicles have discharged or unloaded passengers within
the Town without sufficient clothing, resource, food, other sustaining
items and without means to obtain shelter. As the Town is committed
to protecting the health, safety, and welfare of individuals residing
in and visiting the Town, the Town Board hereby determines that it
is in the best interest of the Town, its employees, and its residents
to establish a policy for the stopping, standing, and parking of buses/vans
or chartered vehicles and the discharge of passengers within the Town.
For the purpose of this article, the following terms, phrases,
words and their derivations shall have the meaning given herein. The
word shall is always mandatory and not merely directory.
A form that the Town of Clarkstown Town Clerk makes available
for receiving and reviewing proposed bus/van or chartered vehicles
operations.
Written notice that the Town Clerk has received, reviewed,
and determined that an application satisfies the requirements of the
Town and this article.
Bus/van or chartered vehicle service that operates trips
on a predictable and recurring basis, following a schedule that is
published in advance and available to the general public, and provides
service in exchange for paying a fare.
The Town of Clarkstown Town Clerk.
The Town of Clarkstown, New York.
Any bus/van or chartered vehicle used for the transportation
of persons between the Town of Clarkstown and locations outside of
the Clarkstown area that is not operating pursuant to authorization
of the Town Clerk authorization via: i) an approved letter of permission
or ii) an approved schedule and/or approved pick-up/drop-off zone,
as of the effective date of this article.
A.
This article shall apply to any bus/van or chartered vehicle service
when:
B.
The following are exempted from the provisions of this article:
(1)
Buses or commercial motor vehicles used to transport passengers to
festivals, events, and/or businesses or public services in the Town;
(2)
Buses or commercial motor vehicles that operate and provide a regularly
scheduled service;
(3)
Buses or commercial motor vehicles operated by a government unit
or agency or a school district; or
(4)
Courtesy shuttles transporting customers or guests to or from a fixed
location as an incidental service provided by a business.
C.
The Town
Clerk's preexisting application, review and approval process
for buses/vans or chartered vehicles, as may be amended from time
to time, shall apply to: i) applicants for regularly scheduled service,
and ii) operators with an approved letter of permission, schedule
and/or approved pick-up/drop-off zone as of the effective date of
this article.
A.
The operator of any unscheduled bus/van or chartered vehicle must
make application for an approval to arrive and load/unload passengers
in the Town on the appropriate form made available by the Town Clerk.
All applications for unscheduled bus/van or chartered vehicle service
must be received by the Town Clerk a minimum of five full business
days prior to the requested date of arrival in the application.
B.
All applications shall include the proposed passenger list, and the
operator shall be required to perform background checks on each passenger
over the age of 18, and shall provide copies of the same to the Town
Clerk as part of the application.
C.
Each application for an unscheduled bus/van or chartered vehicle
drop off must include an order authorizing the drop off executed by
the head of the public body originating the transfer of such passengers.
Applications for unscheduled buses/vans or chartered vehicles
will be reviewed on a first-come, first-serve basis. No more than
one application, regardless of operator, shall be approved by the
Town Clerk for a given date, time, and location.
Unscheduled buses/vans or chartered vehicles shall load/unload
passengers within the Town only between the hours of 10:00 a.m. and
4:00 p.m. Monday through Friday, and not at any time on Saturdays,
Sundays, or designated Town Holidays.
Unscheduled buses/vans or chartered vehicles shall only load/unload
passengers at locations designated by the Town Clerk, which shall
be listed on the approved application.
For any given approval, unscheduled buses/vans or chartered
vehicles must arrive no sooner than, and no later than 30 minutes
after, the approved arrival time, otherwise the application shall
be considered invalidated. Any loading/unloading of passengers outside
of this scheduled window shall result in a $750 fine per passenger
to the operator.
Operators of unscheduled buses/vans or chartered vehicles must
carry a physical or electronic copy of an approved application and
present it for inspection at the place of loading/unloading upon request
by any employee or designee of the Town.
Any operator of an unscheduled bus/van or chartered vehicle
that attempts to, or does in fact, load/unload passengers without
an approved application shall be subject to a $750 fine per passenger
upon the bus/van or chartered vehicle operator.
A.
In addition to any fees or fines set forth in this article, any unscheduled
bus/van or chartered vehicle used in violation of this article shall
be subject to immediate seizure and impoundment. The owner of record
of said bus/van or chartered vehicle shall be liable for any and all
towing, storage and administrative fees associated with the towing
and storage of the bus/van or chartered vehicle. The owner of record
shall also be subject to an administrative penalty of $5,000.
B.
Whenever a police officer with supervisory authority and who is present
at the time of an alleged violation of this article has probable cause
to believe that a bus/van or chartered vehicle is subject to seizure
and impoundment pursuant to this article, the police officer shall
provide for the towing of the bus to an authorized towing facility.
C.
Before or at the time the bus is towed, the police officer shall
notify any person identifying themselves as the owner of the bus at
the time of the alleged violation, or the person who is found to be
in control of the bus at the time of the alleged violation, if there
is such a person, of the fact of the seizure and of the bus owner's
right to request a vehicle impoundment hearing to be conducted in
the Town of Clarkstown Justice Court by serving such person with a
D.
If, after the hearing, the hearing officer determines, by a preponderance
of evidence, that a violation of this article has occurred involving
the seized and impounded bus/van or chartered vehicle, then the hearing
officer shall enter an order finding the owner of record of the vehicle
liable to the Town for administrative fees of $5,000, which shall
be in addition to any other penalties, fines and remedies sought.
If, after a hearing, the hearing officer does not determine, by a
preponderance of the evidence, that the vehicle was used in violation
of this article, the hearing officer shall enter an order finding
for the owner and ordering the return of the vehicle.
E.
If the owner of record fails to request a hearing on the seizure
and impoundment of the vehicle in a timely manner or fails to appear
at the hearing, the owner of record shall be deemed to have waived
the owner's right to a hearing, and the hearing officer may enter
a default order in favor of the Town in the amount of the administrative
fees. However, if the owner of record pays such penalty and the vehicle
is returned to the owner, no default order need be entered if the
owner is informed of his or her right to a hearing and signs a written
waiver, in which case, an order of liability shall be deemed to have
been made when the Town receives the written waiver.
F.
A vehicle impounded pursuant to this article shall remain impounded
until:
(1)
The administrative fee of $5,000 is paid to the Town, and all applicable
towing fees are paid to the towing agent, in which case, the owner
of record shall be given possession of the vehicle;
(2)
A bond in the amount of $5,000 is posted with the Town, and all applicable
towing fees are paid to the towing agent, at which time, the vehicle
will be released to the owner of record; or
(3)
The vehicle is deemed abandoned, in which case it shall be disposed
of in the manner provided by law for the disposition of abandoned
vehicles.
The Chief of Police is hereby authorized to pursue criminal
charges against any i) unscheduled bus/van or chartered vehicle operator,
ii) unscheduled bus/van or chartered vehicle driver, or iii) third-party
employees who are charged with the oversight of the passengers, when
such individual attempts to or does discharge passengers where such
actions endanger the health, safety or welfare of passengers. The
Chief of Police shall consider the following when determining whether
to pursue criminal charges:
A.
The location of the discharge or attempted discharge of passengers;
B.
Extreme weather conditions, including temperatures below freezing,
snowfall, severe rain, or other inclement weather which poses a risk
to passengers;
C.
Whether any of the passengers are minors; and
D.
The time of day and access to shelter or transportation for passengers.
The Town Attorney or his designee is hereby authorized and directed
to pursue any and all civil remedies against bus/van or chartered
vehicle operators that fail to or refuse to comply with this article.
Such civil remedies include, but are not limited to, injunctive relief,
declaratory judgements, and debt collection actions.
If any section, paragraph, clause, provision or portion of this
article shall be adjudged invalid or held unconstitutional, the same
shall not affect the validity of the balance of this article as a
whole or any part or provision other than the part held to be invalid
or unenforceable.
Any state statute or requirement in conflict of this article
is hereby fully superseded pursuant to the exercise of § 22
of the NYS Municipal Home Rule Law.
This article shall take effect immediately upon filing with
the Secretary of State of the State of New York.
