The purpose of this chapter, enacted pursuant to Municipal Home Rule Law § 20, Vehicle and Traffic Law § 1640 Subdivision (a)6 and Village Law § 20-2002, is to simplify the procedure by which vehicle and traffic controls can be established without the necessity in every case of enacting a local law. This section enables the Board of Trustees to act by resolution while, at the same time, providing a mechanism by which the public will be adequately apprised of traffic regulations affecting Village streets. The Board of Trustees continues to rely upon the New York State Manual of Uniform Traffic Control Devices. This chapter also gives to the Clerk of the Village a mandate with respect to maintaining records concerning requirements established by the Board of Trustees.
A.
Pursuant to the provisions of the Vehicle and Traffic Law of the State of New York and the Village Law of the State of New York, the Board of Trustees is hereby authorized to adopt, by resolution rules and regulations:
(1)
Governing traffic on public streets.
(2)
Governing traffic on property owned or leased by the Village.
(3)
Providing for the issuance of permits to park on property owned or leased by the Village.
(4)
Establishing a system of fees to be charged for the use of public parking fields or lots owned or leased by the Village, if deemed appropriate.
B.
The Board of Trustees shall also, by resolution, provide for the installation and maintenance of traffic control devices by the Superintendent of Public Works when and as required under the provisions of this chapter, to make effective the provisions of this chapter, and may install and maintain from time to time such additional traffic control devices as it may deem necessary to regulate, warn or guide traffic under and pursuant to the Vehicle and Traffic Law of the State of New York, subject to the provisions of §§ 1682 and 1684 of that law. Section 1682 mandates the placement and maintenance of traffic control devices conforming to the State Manual. Section 1684 limits the local authority's power to regulate traffic on state highways maintained by the state unless Department of Transportation approval is obtained prior thereto.
C.
For the purpose of establishing an orderly procedure and system, the Board of Trustees shall establish and designate by resolution the following categories within the Village, under its maintenance and ownership jurisdiction:
(2)
Location of traffic signals.
(3)
Designation of one-way streets.
(4)
Designation of prohibited turns at intersections.
(5)
Designation of prohibited turns on red signals.
(6)
Designation of prohibited U-turns.
(7)
Designation of through highways.
(8)
Designation of stop intersections.
(9)
Designation of yield intersections.
(10)
Speed regulations.
(11)
School speed zones.
(12)
Truck route systems.
(13)
Lane designations.
(14)
No-passing zones.
(15)
Stopping, standing and parking regulations.
(16)
Manner of parking.
(17)
Designation of parking place.
(18)
Regulation of all-night parking.
(19)
Prohibited parking at any time.
(20)
Prohibition of stopping.
(21)
Prohibition of standing.
(22)
No parking during certain hours.
(23)
Time limit of parking.
(24)
Loading zones.
(25)
Angle parking.
(26)
Bus stops.
For the purpose of maintaining an accurate record of all regulations adopted pursuant to resolutions under the provisions of this chapter, the Clerk of the Village is directed to establish a system of schedules, maintaining the same in a separate file, in which shall be entered all regulations after adoption or promulgation of such resolution. The schedule shall include but not be limited to the following categories:
A.
Traffic control signals.
B.
One-way streets.
C.
Prohibited turns at intersections.
D.
Prohibited turns on red signals.
E.
U-turns.
F.
Through highways.
G.
Stop intersections.
H.
Yield intersections.
I.
Speed regulations.
J.
Streets.
K.
School speed zones.
L.
Truck route systems.
M.
Lane designations.
N.
No-passing zones.
O.
No parking at any time.
P.
Stopping prohibited.
Q.
Standing prohibited.
R.
No parking during certain hours.
S.
Time-limited parking.
T.
Loading zones.
U.
Angle parking.
V.
Bus stops.
A.
The words and phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.
B. VILLAGE VILLAGE PARKING SPACE
The following words and phrases, which are not defined by Article 1 of the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them in this section for the purpose of this chapter:
The Village of Ballston Spa.
Every parking space which is in or on a public street or is on a public or private premises within the Village subject to traffic regulation by the Village.
A.
The purpose of this section is to promote the health, safety and general welfare of the community and to prevent the obstruction of government administration and enforcement by persons seeking to avoid the time limitations for parking of motor vehicles in or on public streets within the Village or in or upon premises within the Village which are subject to traffic regulation by the Village.
B.
It is hereby declared to be a violation of this section for any person or persons, with intent to avoid the time limitations for parking of motor vehicles in Village parking spaces:
(1)
To remove or cause to be removed chalk or other markings placed on a motor vehicle's tires by a police or other governmental officer when such markings were placed to assist in determining the length of time said motor vehicle is parked therein.
(2)
To remove or cause to be removed a motor vehicle from one Village parking space and to place said motor vehicle in another Village parking space within the same block of the street.
(3)
To remove or cause to be removed a motor vehicle from one Village parking space in a Village parking field or lot to another Village parking space in the same Village parking field or lot, regardless of the distance between the parking spaces.
C.
Presumptions.
(1)
The removal of a chalk or other marking from the tires of a motor vehicle parked in a Village parking space, which chalk or other marking was placed by a police or other governmental officer to assist in determining the length of time said motor vehicle is parked in a Village parking space, is presumptive evidence of an intent to avoid the time limitations for parking of motor vehicles in Village parking spaces.
(2)
The removal of a motor vehicle from one Village parking space and the placing of that motor vehicle in another Village parking space on the same block of the street is presumptive evidence of an intent to avoid the time limitations for parking of motor vehicles in Village parking spaces.
(3)
The removal of a motor vehicle from one Village parking space in a Village parking field or lot to another Village parking space in the same Village parking field or lot, regardless of the distance between the parking spaces, is presumptive evidence of an intent to avoid the time limitations for parking of motor vehicles in Village parking spaces.