Village of Bellerose, NY
Nassau County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Incorporated Village of Bellerose 6-11-1979 by L.L. No. 3-1979.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Traffic Authority — See Ch. 48.
Traffic Violations Bureau — See Ch. 49.
Bicycles — See Ch. 60.
Gas stations — See Ch. 120.
Litter from vehicles — See Ch. 135.
Noise — See Ch. 144.
Parades — See Ch. 153.
Vehicles used for peddling and soliciting — See Ch. 159.
Taxi stands — See Ch. 194.
Used car dealers — See Ch. 200.
[1]
Editor's Note: Pursuant to L.L. No. 1-1976, which established the Code, the provisions of this chapter were originally designated as Ch. 62.
The words or phrases used in this chapter shall, for the purposes of this chapter, have the meanings respectively ascribed to them by the provisions of the Vehicle and Traffic Law of the State of New York. The following words and phrases, which are not defined by the Vehicle and Traffic Law of the State of New York, shall have the meanings respectively ascribed to them by this section, for the purposes of this chapter:
CURBLINE
The prolongation of the lateral line of a curb or, in the absence of a curb, the lateral boundary of the roadway.
HOLIDAYS
New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day shall be considered holidays, as shall any other day so proclaimed by the Mayor of the Incorporated Village of Bellerose.
OFFICIAL TIME STANDARD
Whenever certain hours are named herein or shall be placed on traffic control devices, they shall mean the time standard which is in current use in this state.
PUBLIC PARKING LOT
A plot of land or building owned or leased by the Village, not including highways, upon or within which the parking of vehicles is regulated by signs or parking meters.
TRAFFIC AUTHORITY
The Authority established by Chapter 48 of the Code of the Incorporated Village of Bellerose.
Whenever the provisions of this chapter of the Code of the Incorporated Village of Bellerose shall be less restrictive than any other provision of any other chapter of the Code, the provisions of that other chapter shall apply and shall be in full force and effect, taking precedence in their enforcement over the provisions of this chapter.
All traffic control devices in place at the date of the adoption of this chapter shall remain in place and effective, subject to their replacement or removal or subject to the placement of additional traffic control devices by the Traffic Authority. All provisions of local law or ordinance in effect at the time of the adoption of this chapter, dealing with traffic control devices and signs, shall remain in full force and effect, subject to their revision by the Traffic Authority, in accordance with the powers granted to it under this Code.
A. 
It shall be unlawful for any person to drive or to operate a motor vehicle of any sort on Jericho Turnpike (Jamaica Avenue) within the Incorporated Village of Bellerose at a speed greater than 35 miles per hour.
B. 
It shall be unlawful for any person to drive or to operate a motor vehicle of any sort upon any part of Massachusetts Boulevard, Commonwealth Boulevard, Pennsylvania Boulevard, Huron Road, Hudson Road, Ontario Road, Superior Road, Michigan Road, Delaware Road, Boston Road, Virginia Road or Magee Plaza within the Incorporated Village of Bellerose at a speed greater than 30 miles per hour.
Pursuant to the provisions of the Vehicle and Traffic Law of the State of New York, the Incorporated Village of Bellerose has heretofore installed, pursuant to ordinance and local law, various stop signs, keep-right signs, dead-end signs and other traffic control signs and devices which, by the provisions of § 204-3 of this chapter, continue to be in full force and effect, unless otherwise ordered by the Traffic Authority. It shall be a violation of this chapter to disobey any signs so placed or to be so placed.
It shall be a violation of this chapter for any operator of a motor vehicle to disobey any one-way signs which have been placed or shall be hereinafter placed pursuant to the exercise of power by the Traffic Authority.
A. 
On all roads within the Incorporated Village of Bellerose where grass plots divide the road, all operators of vehicles shall keep their vehicles on the right-hand side of such plots.
B. 
Operators of motor vehicles within the Incorporated Village of Bellerose shall keep as near as practicable to the right-hand curb, so as to leave the center of the street clear for overtaking traffic.
C. 
No vehicle shall be left, stopped or parked in such position so as to prevent another from moving parallel to or close to the curb in front of the entrance to a building within the business district of the Incorporated Village of Bellerose, and in such business district no motor vehicle shall be parked, stopped or left so as to prevent another vehicle already stopped at the curb from moving away therefrom.
D. 
No vehicle within the Incorporated Village of Bellerose shall be parked or left within 10 feet of a fire hydrant.
E. 
No vehicle shall be parked or otherwise stopped so as to prevent the free passage of other vehicles at the same time and place.
F. 
A vehicle passing within the Incorporated Village of Bellerose shall, when loaded with any material extending beyond the rear of that vehicle, be provided with a red flag by day and a red light by night at the extreme rear end of such load.
G. 
No vehicles shall be parked so as to obstruct, in whole or in part, a sidewalk or the entrance to a driveway.
[Added 6-26-2006 by L.L. No. 3-2006]
H. 
No motor vehicle shall be operated upon or parked upon any road or highway within the Village of Bellerose unless such motor vehicle is duly registered and displays license plates in accordance with the laws of the State of New York and has a current registration sticker properly affixed to the windshield thereof.
[Added 12-18-2006 by L.L. No. 4-2006]
I. 
No motor vehicle shall be operated upon or parked upon any road or highway of the Village of Bellerose unless such vehicle is duly inspected in accordance with the laws of the State of New York and has a current inspection sticker properly affixed to the windshield thereof.
[Added 12-18-2006 by L.L. No. 4-2006]
J. 
Except for emergency vehicles, any vehicle stopped, standing or parked upon a two-way roadway shall be stopped, standing or parked facing in the direction of authorized traffic movement with its right-hand wheels within 12 inches of the right-hand curb or edge of the roadway.
[Added 12-18-2006 by L.L. No. 4-2006]
Every person operating a motor vehicle upon any of the streets, places or public highways of the Incorporated Village of Bellerose shall at all times yield the right-of-way, in both directions, to any Fire Department machine, apparatus or equipment using the same and shall promptly guide his or her vehicle to the extreme right side of the street, place or public highway whenever any such Fire Department machine, apparatus or equipment is approaching from any direction and shall maintain such position at the extreme right-hand side of the street, place or public highway until such machine, apparatus or equipment shall have passed.
No person shall cause, suffer or allow to be discharged into the open air from any motor vehicle within the Incorporated Village of Bellerose dense smoke or any smoke or dust of any kind in such manner or in such quantities as to cause detriment or annoyance to persons or to the public.
No person shall operate any motor vehicle within the Incorporated Village of Bellerose unless such motor vehicle shall be equipped with a muffler to reduce the noise created by such motor vehicle to the lowest possible level.
All parking meters in place or provided for at the date of the adoption of this chapter shall remain in place or shall be kept in place, subject to proper action by the Traffic Authority. The Traffic Authority may, within the provisions of its power, cause the erection of further parking meters within the Incorporated Village of Bellerose or may cause the elimination of existing parking meters within the Incorporated Village of Bellerose. Where such parking meters are in place, it shall be a violation of this chapter for any person to park a motor vehicle or to place any object within the area governed by such parking meter unless he shall have deposited in that parking meter the sum of money required to be placed therein by ordinance heretofore adopted or by direction of the Traffic Authority. It shall be a violation of this chapter for any person to deface a parking meter or to render it inoperable by any means whatsoever. Upon entering a parking space governed by a parking meter, the operator of a motor vehicle or the person who places an object in such parking space shall immediately deposit in the meter such proper coin of the United States as is required for such parking meter and as is designated by directions on the meter and shall set in operation the timing mechanism of such meter in accordance with the directions appearing thereon, and failure to deposit such proper coin immediately and to set the timing mechanism in operation immediately shall constitute a violation of this chapter. If the motor vehicle shall remain parked in such parking space beyond the parking time limit set for such parking space or if the object placed in such parking space shall remain there beyond the parking time limit set for such parking space and if the meter shall indicate such illegal parking, then the vehicle or object shall be considered as parking overtime and beyond the period of legal parking time.
No vehicle adapted to or used for the carrying of commercial goods or materials shall stand or park in any parking meter space located in Magee Plaza in the Incorporated Village of Bellerose.
It shall be unlawful and a violation of the provisions of this chapter for any person:
A. 
To cause, allow or permit any vehicle registered in the name of or operated by such person to be parked in violation of the meter parking provision of this chapter.
B. 
To permit any vehicle to remain or be placed in any parking space governed by any parking meter while such meter is displaying a signal indicating that the vehicle occupying such parking space has already been parked beyond the period prescribed for such parking space.
C. 
To park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such line or marking.
D. 
To deposit or cause to be deposited in any parking meters any slugs, device or metal substance or any other substitute for lawful coins.
E. 
To permit any vehicle to remain or be placed in any parking space governed by a prepaid Muni-Meter without displaying a valid unexpired Muni-Meter receipt upon the front driver’s side area of the car dashboard, which is fully visible from the outside of the vehicle. The vehicle shall be parked in the numbered parking stall which corresponds to the parking stall designated on the Muni-Meter receipt.
[Added 10-24-2011 by L.L. No. 7-2011]
Jericho Turnpike is hereby established as a truck route in and through the Incorporated Village of Bellerose. All trucks, tractors, tractor-trailer combinations, large vans or similar heavy vehicles having a total gross weight in excess of the weight limit permitted by state law or regulation are prohibited to travel and operate on Jericho Turnpike.
All through commercial traffic is forbidden to travel on or to use any of the streets or highways of the Incorporated Village of Bellerose except Jericho Turnpike.
No person shall operate or drive any motor vehicle on any street or highway in the Incorporated Village of Bellerose, except on Jericho Turnpike, for the purpose of testing of brakes or any other mechanical equipment of such vehicle. Any person who is employed by or acting under the instructions of any gasoline service station or motor repair shop or similar place of business and shall operate a motor vehicle other than one which is owned personally by such person, on any street within the Incorporated Village of Bellerose, other than Jericho Turnpike, shall be presumed to be operating such vehicle for the purposes prohibited by this section and shall be in violation of the provisions of this section.
The Board of Trustees of the Incorporated Village of Bellerose hereby finds and declares, as a matter of legislative determination and by authority of the Vehicle and Traffic Law of the State of New York, that it is in the best interests of the public and the welfare and safety of the inhabitants of the Incorporated Village of Bellerose to prevent congestion of traffic and to expedite the orderly movement thereof. In accordance with such finding by the Board of Trustees, the following provisions shall govern in the event of emergency, as hereinafter defined:
A. 
Whenever road conditions in the Incorporated Village of Bellerose shall become hazardous or such that the free movement of fire, health, police or other vehicular traffic of an emergency nature may be impeded by reason of snow, freezing rain, sleet, ice, water, debris, fire or other natural or artificial causes, the Mayor of the Incorporated Village of Bellerose or such other person designated by him in writing may and hereby is authorized to declare the existence of an emergency.
B. 
The declaration of such emergency may be conveyed to the public by radio or by newspaper or may be transmitted to the public by distribution of notices, leaflets, handbills or other written or printed notices distributed to the public and affixed to automobiles parked on the streets within the Incorporated Village of Bellerose. If the emergency is obvious, such as unusually heavy snowfall or other visible causes which to a reasonably prudent person would indicate the existence of an emergency, no extraordinary notice thereof shall be required.
C. 
The emergency so declared shall be deemed to continue for a period of 96 hours unless terminated earlier by the Mayor of the Incorporated Village of Bellerose or the person designated by him in accordance with the provisions hereof. Termination of the emergency may be declared as to one or more emergency streets prior to the ninety-six-hour period or the complete emergency may be terminated as aforesaid.
D. 
All streets within the Incorporated Village of Bellerose are designated as emergency streets.
E. 
After the declaration of an emergency and the giving of public notice as aforesaid or during an emergency when no public notice is required, it shall be unlawful for the owner or driver of a motor vehicle to cause, permit or allow or suffer said vehicle to be parked or to be left unattended on any emergency street during the period of the emergency as aforesaid. Where the driver of such vehicle cannot be located, the violation of the provisions of this section shall be presumed to be that of the registered owner of the vehicle.
F. 
The above provisions limiting parking shall not apply to physicians on emergency call, emergency vehicles, snow removal vehicles, public vehicles on service or ambulances on emergency call.
G. 
Any vehicle left unattended as set forth above or which may be stalled or otherwise unable to be moved on any emergency street during an emergency may be towed or removed or caused to be removed under the direction of the Police Department or the Department of Public Works. A charge for such removal shall consist of the amount of all the expenses actually and necessarily incurred in effecting such removal, in addition to any charges for storage. Such vehicle may be redeemed by the owner or person in charge of the vehicle upon payment to the Village Clerk or the garage owner to which the vehicle has been moved of the full amount of the expenses aforesaid.
H. 
Any member of the Police Department or employee of the Incorporated Village of Bellerose removing the vehicle as described in this section shall, without undue delay, report the removal and disposition of such vehicle to the Village Clerk of the Incorporated Village of Bellerose, and it shall be the duty of the Village Clerk to ascertain, to the extent possible, the owner of the vehicle or the person having charge of same and to notify him of the removal and disposition of such vehicle and the amount which will be required to redeem such vehicle. The failure of the Village Clerk to ascertain ownership or to so notify the owner or person in charge of said vehicle shall not render the Incorporated Village of Bellerose liable for any damages.
[Amended 6-23-1980 by L.L. No. 3-1980]
A. 
Prohibited hours of parking. It shall be a violation of this chapter for any person to park any vehicle upon any public highway within the Incorporated Village of Bellerose between the hours of 2:00 a.m. and 6:00 a.m., even though such vehicle may be parked in a space governed by a parking meter. These provisions shall not apply to the metered parking spaces in Magee Plaza.
B. 
Parking in Residence District. The Board of Trustees of the Incorporated Village of Bellerose finds that commercial and transient parking appurtenant to the use of the Long Island Railroad Station or appurtenant to the business district of the Incorporated Village of Bellerose is encroaching on the Residence District of the Incorporated Village of Bellerose so as to endanger the safety and welfare of the residents of the Incorporated Village of Bellerose and that such parking is inappropriate to the Residence District of the Incorporated Village of Bellerose and further finds that unlimited and unrestricted parking in the Residence District of the Incorporated Village of Bellerose represents a danger to the safety of the residents of the Village and their property in that such unlimited and unrestricted parking gives the municipal government no valid grounds to question the presence of suspicious vehicles parked on the streets of the Incorporated Village of Bellerose. In light of those findings and by reason of additional findings made by the Board of Trustees after exhaustive study, it is hereby provided that the following provision shall govern the parking of vehicles in the Residence District of the Incorporated Village of Bellerose:
(1) 
Between the hours of 6:00 a.m. and 2:00 a.m., no vehicle shall be parked in the residential area of the Incorporated Village of Bellerose, unless such vehicles shall bear a permit issued by the Village Clerk. Such permit shall be known as the "resident parking permit" and shall be issued by the Village Clerk in accordance with the provisions of this section.
(2) 
The Village Clerk shall issue a resident parking permit, in a form to be adopted by him, to residents of the Incorporated Village of Bellerose who shall exhibit to the Village Clerk the registration of each such vehicle to be governed by a resident parking permit. Such resident parking permit shall be in a form capable of being permanently affixed to the vehicle and shall be numbered in consecutive order and shall be attached to no vehicle but the one for which it shall be issued. The Village Clerk shall prescribe the form of application for such resident parking permit and, before issuing such permit, shall be satisfied that the motor vehicle for which the resident parking permit is issued is owned by a resident of the Village, is leased by a resident of the Village or is registered in the name of a nonresident of the Village but is intended for the regular use of and is regularly used by a resident of the Village. The Village Clerk shall keep a register of all such resident parking permits issued by him. He shall charge no fee for the issuance of such permit but may charge a reasonable fee, to cover the actual cost to the Village, in the event that he shall issue a duplicate permit for a vehicle for which a permit has already been issued.
(3) 
On the application of any resident of the Residence District, the Village Clerk shall issue to that resident not to exceed six visitors' passes, which may be, by the person to whom they are issued, given to visitors to his or her residence in connection with parking by those visitors during the period of their visiting such residence. Such visitor shall place such visitor's pass in a conspicuous place on the dashboard of his or her automobile and may park that automobile, while such pass is so in place, as though a resident parking permit had been issued for such automobile. In the event they shall be reported lost, the Village Clerk shall replace such passes only upon the payment of $5 for each pass so replaced. No resident who shall have been issued a visitor's pass shall permit such pass to be used in any way that is inconsistent with the residential character of the Residence District.
[Amended 7-14-1980 by L.L. No. 4-1980]
(4) 
The Police Commissioner is hereby empowered to revoke any visitor's pass or passes issued if he shall find that any such pass or passes are used in order to evade the intent of this section as measured against the legislative findings hereinabove set forth. In that connection, the Police Commissioner may consider consistent use of a visitor's pass in connection with the same vehicle, which vehicle is not the subject of a resident parking permit, as presumptive evidence of irregular use of such visitor's pass.
(5) 
No violation of the provisions of this section shall be committed by the temporary parking of a delivery vehicle which is providing emergency service or making deliveries to or pickup from residences within the Residence District, provided that such parking shall not exceed 15 minutes in duration or, in the occasion of emergency services being provided, in the event that the period of such parking shall not exceed the period required for the delivery or performance of such emergency services.
(6) 
The Traffic Authority shall cause to be placed at the head of all streets entering the Residence District of the Village such signs as shall readily inform an ordinarily observant person of the existence of the rules and regulations contained in this section.
[Added 6-7-1993 by L.L. No. 1-1993]
A. 
Legislative intent and purpose. The Board of Trustees of the Incorporated Village of Bellerose finds and declares, as a matter of legislative determination and by authority of the Vehicle and Traffic Law of the State of New York, that it is necessary to restrict vehicles from parking along Village highways for certain periods each day in order to promote the most cost-effective and efficient manner of cleaning streets within the Village, to aid in crime prevention and detection and to promote the health, safety and public welfare, especially that of handicapped persons and children returning home from school each day or while at play.
B. 
Prohibited hours of parking. It shall be a violation of this chapter for any person to park any vehicle on any highway within the Incorporated Village of Bellerose between the hours of 10:00 a.m. and 12:00 noon and 2:00 p.m. and 4:00 p.m., Monday through Friday, unless such vehicle is parked in a parking space governed by a parking meter.
[Amended 6-13-1994 by L.L. No. 2-1994]
C. 
Handicapped parking. It shall be a violation for any person to stop, stand or park a vehicle in any area designated as a space for handicapped parking unless the vehicle bears a permit issued under § 1203-a of the Vehicle and Traffic Law or a registration issued under § 404-a of the Vehicles and Traffic Law and such vehicle is used for the transportation of a severely disabled or handicapped person.
D. 
House of worship zones. The Board of Trustees shall, upon resolution, designate house of worship parking zones as shall be required along the curbline of properties used as houses of worship.
[Added 6-13-1994 by L.L. No. 2-1994]
[Added 4-16-2018 by L.L. No. 2-2018]
A. 
The Village Clerk and the Traffic Commissioner of the Village of Bellerose are hereby authorized to and shall, at either's direction, authorize the immobilization and/or towing of any motor vehicle, on which there are three or more outstanding parking violations, warrants for nonappearance or unpaid fines. Said vehicles shall be immobilized by use of a wheel lock, other immobilization device, or towed by a licensed towing and vehicle storage service.
B. 
Any vehicle immobilized or towed pursuant to Subsection A shall be promptly released to its owner by the Village Clerk or his/her designee upon the posting of a cash bond equal to the maximum potential fines for outstanding summons and unpaid fines and penalties already imposed, together with an administration immobilization fee of $250 together with the towing and storage costs, if any; or, in the alternative, upon the proper disposition of such summonses, by a plea of guilty and payment in full of the appropriate fines and penalties along with such administrative, towing and storage fees. If all of the summonses are dismissed or the defendant is found not guilty, said bond shall be returned and the administrative, towing and storage fees shall be waived, except such fees shall remain due if a warrant shall have issued.
C. 
At the time said vehicle is immobilized, the Traffic Commissioner or Village Code Enforcement Officer shall affix to the windshield of such vehicle a notice containing the following information:
(1) 
The location and identifying characteristics of the vehicle.
(2) 
Date and time of placement of the device and signature of the installer.
(3) 
Notice that further parking restrictions will be waived during the immobilization period.
(4) 
Notice that any person tampering with the device or the vehicle will be subject to prosecution and liable for any loss to the Village.
(5) 
The procedure to obtain the release of the vehicle.
(6) 
Such other information as the Traffic Commissioner shall from time to time deem necessary.
D. 
The Board of Trustees may adjust the administration immobilization fees from time to time by resolution duly adopted.
E. 
Any person who tampers with, removes or damages an immobilization device, or moves or attempts to move a vehicle upon which such device has been installed by the police shall be guilty of an offense punishable as provided in § 1-5 of this Code, and liable for all attendant costs.
A "trailer" or "house car" is defined as any vehicle designed or equipped to be used or used for living, sleeping or eating and designed to move from place to place on wheels or to be propelled by its own power or drawn or propelled by another vehicle, whether or not it shall actually have wheels on it at the time of its presence within the Incorporated Village of Bellerose. No person shall use or park any trailer or house car for any purpose whatsoever within the Incorporated Village of Bellerose, whether on the public streets or on private property, unless such vehicle is garaged. However, the parking on the premises solely for the purpose of loading and unloading such vehicles shall be permitted for a period not to exceed four consecutive hours.
A. 
No motor vehicle awaiting service of any kind at any business establishment within the business district of the Incorporated Village of Bellerose shall queue or form the part of any line which shall extend into or stand within the Residence District of the Incorporated Village of Bellerose.
B. 
Proprietors of business establishments within the business district of the Incorporated Village of Bellerose shall notify all those who line up or join a queue for service at such business establishments that they are not permitted to stand in line or to queue while waiting for such service at any point within the Residence District of the Incorporated Village of Bellerose.
C. 
Any person who shall operate his motor vehicle so as to place it in line or in a queue at any position within the Residence District of the Incorporated Village of Bellerose, in violation of Subsection A, shall be guilty of a violation of this chapter of the Code of the Incorporated Village of Bellerose and shall, upon conviction thereof, pay a fine of not less than $25 nor more than $50 and shall, in addition thereto, be named a disorderly person, subject to the penalties provided therefor.
D. 
The proprietor, whether owner or lessee or franchiser or operator, of any business establishment within the business district of the Incorporated Village of Bellerose, who shall permit those standing in line or in a queue for the receipt of services or goods at such business establishments and shall fail to notify those joining such line or queue of the provisions of this section shall be subject to a fine of not less than $25 and not more than $100 for each automobile whose operator shall join such line or queue without such notification, and said proprietor shall, in addition thereto, be denominated a disorderly person, subject to all the penalties provided therefor.
Unless otherwise provided by law or the provisions of this chapter, each violation of this chapter shall, upon conviction, be punishable by a fine of not more than $200 for each offense.