[Adopted 8-14-1985 by L.L. No. 1-1985]
The purpose of this article is to protect the public health, safety
and welfare by regulating parking on roads and highways in the Town other
than state highways, by providing for the removal of vehicles illegally parked
or parked in tow-away zones on all highways in the Town, and by instituting
related highway safety measures.
This article is enacted pursuant to the authority vested in the Town
of Marbletown by the Town Law, the Municipal Home Rule Law, the Vehicle and
Traffic Law and other applicable laws of the State of New York.
The following words and phrases will have the following definitions
for purposes of this article. Whenever used in this article, those words and
phrases defined in Article 1 of the Vehicle and Traffic Law of New York State,
unless otherwise expressly stated or unless the context or subject matter
requires a different meaning, shall have the meanings respectively ascribed
to them by Article 1 of the Vehicle and Traffic Law. All other words shall
have their common meanings.
OWNER
The legal owner of a vehicle or the person lawfully in charge of
same by authority of the legal owner.
TOWN
The Town of Marbletown, Ulster County, New York.
TOWN BOARD
The Town Board of the Town of Marbletown, Ulster County, New York.
TOWN CLERK
The Town Clerk of the Town of Marbletown, Ulster County, New York.
TOWN SUPERVISOR
The Town Supervisor of the Town of Marbletown, Ulster County, New
York.
This article shall not apply to lawful emergency vehicles actually and
reasonably engaged in a real emergency situation.
The parking of any vehicle is hereby prohibited:
A. On all Town roads and highways between the hours of 12:01
a.m. and 6:00 a.m. beginning on the 15th day of November in each year and
continuing through to and including the 15th day of April in the next succeeding
year;
B. On all Town property except where parking is specifically
authorized by the Town Board, the Town Supervisor or the Town Superintendent
of Highways;
C. On all Town roads, highways and property for a continuous
period of more than 24 hours;
D. In any no-parking zone lawfully established and posted
on any highway or public property in the Town;
E. On the sidewalk or within the traveled roadway of any
Town road or highway;
F. In any tow-away zone lawfully established and posted
on any highway in the Town; and
G. In any emergency no-parking zone temporarily established
and posted on any Town road, highway or property by order of the Town Supervisor
or Town Superintendent of Highways.
No-parking zones are as follows. From time to time, the Town Board may
add additional no-parking zones.
Name of Street
|
Side
|
Location
|
---|
Mohonk Road [Added 5-10-1989]
|
Both
|
From 27 Knolls Road to the New Paltz Town line
|
Any vehicle parked in violation of §
183-5 of this article may be removed and impounded as provided by this article, by the order of any police officer of the State of New York, the County of Ulster, or the Town, or any peace officer having jurisdiction in the Town whose duties are to enforce the laws, rules and regulations of the Town, of the Town Supervisor, or of the Town Superintendent of Highways.
Any vehicle removed and impounded pursuant to §
183-7 hereof shall be stored at:
A. The premises of the tow truck operator who removed such
vehicle;
B. Any location designated by previous resolution of the
Town Board for the storage of impounded vehicles; or
C. Any location designated and authorized by the Town Supervisor,
the Town Superintendent of Highways or the Town Clerk.
The owner of an impounded vehicle may recover his or her vehicle upon payment of the amount of all expenses actually and necessarily incurred in effecting the removal and impoundment of such vehicle, together with all appropriate storage charges, and an additional processing fee as set from time to time by resolution of the Town Board, payable to the Town Clerk. If the vehicle has been removed by a private tow truck operator and the Town has not paid the towing charges, the owner shall pay said charges directly to the tow truck operator, together with all appropriate storage charges. If the Town has paid the towing charges pursuant to §
183-11 hereof, the owner shall reimburse the Town Clerk for the same and shall be directly responsible to the tow truck operator for any and all storage fees. If the impounded vehicle has been stored on Town property, the owner shall pay the Town Clerk storage charges for each full or partial day of storage in an amount as set from time to time by resolution of the Town Board. The towing charges to be incurred by the Town for removing any illegally parked vehicle shall not exceed $75, unless such excess charges are due to the extraordinary size or weight of the vehicle. In no event shall the impounded vehicle be released to the owner until the owner provides the person storing the impounded vehicle with a signed written statement from the Town Clerk stating that all fees and charges required to be paid to the Town have been paid and stating that the impounded vehicle may be released to the owner, which statement shall be issued by the Town Clerk upon payment of all fees and charges due to the Town pursuant to this article.
In the event that the owner of any impounded vehicle shall not recover
said vehicle within 30 days of removal, the Town shall pay the towing charges,
and the impounded vehicle shall not be released to the owner until the owner
has reimbursed the Town for such charges and has produced a paid receipt from
the Town Clerk therefor.
The Town of Marbletown shall not be liable for personal injury or damage
to or loss of property occurring as a result of the removal or impoundment
of vehicles pursuant to this article, unless such injury, damage or loss was
caused by the gross negligence of the Town or any official or employee thereof
acting within the scope of his or her duties.
Every person convicted of violating any provision of this article shall,
for a first conviction thereof, be punished by a fine of not more than $150
or by imprisonment for not more than 15 days, or by both such fine and imprisonment;
for a conviction of a second violation, both of which were committed within
a period of 18 months, such person shall be punished by a fine of not more
than $300 or by imprisonment for not more than 45 days, or by both such fine
and imprisonment; upon a conviction of a third or subsequent violation, all
of which were committed within a period of 18 months, such person shall be
punished by a fine of not more than $450 or by imprisonment for not more than
90 days, or by both such fine and imprisonment. Said fine shall be in addition
to any other fees or charges that may be required or allowed by law, including
all fees and charges authorized by this article.
Nothing in this article shall be deemed to vary or modify any federal
or state law, rule or regulation, except to the extent that the Town can lawfully
supersede or modify same by local law, in which case the provisions of this
article shall control over any conflicting provision of such other law, rule
or regulation.