[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.
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:
The prolongation of the lateral line of a curb or, in the
absence of a curb, the lateral boundary of the roadway.
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.
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.
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.
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.
[Added 4-25-2022 by L.L. No. 2-2022]
A.
To facilitate
the enforcement of the Village Code by the Parking Enforcement Officer
pertaining to parking. Village employees or officers may be deputized
by the Mayor to issue parking summons, tickets and complaints under
this chapter.
B.
The provisions
of this section shall not be construed to limit enforcement of parking
restrictions by Nassau County police officers or any other duly authorized
law enforcement officer.
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.
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.
[Amended 4-25-2022 by L.L. No. 3-2022]
A.
Any person or business entity who commits action in violation of
the Vehicle and Traffic Code under this chapter shall be liable for
such violation and the penalty shall, upon conviction thereof, be
a fine or penalty as follows:
(3)
$75 for standing or parking a vehicle carrying commercial goods or
materials in a metered space in Magee Plaza, Bellerose Village.
(4)
$100 for permitting a vehicle to be double parked, stopped or standing in violation of § 204-8C.
(6)
$100 for parking or permitting a motor vehicle, motorbike or motorcycle
upon a sidewalk or other place reserved for pedestrians or recreation.
(8)
$75 for parking outside the permitted time limits of $204-19A.
B.
Unless otherwise provided by law or under this section each violation
shall, upon conviction, be punishable by a fine of up to $500.
