[Adopted 4-26-1993 by L.L. No. 2-1993 (Ch. 63, Art. I, of
the 1988 Code)]
The purpose of this article is to regulate the
stopping, standing or parking of any vehicle at any time in any area
hereinafter established by the Town Board of the Town of Newstead
or its designee as a fire lane in order to prevent obstruction or
interference with the ingress and egress of emergency vehicles for
the protection of persons and property and to provide handicapped
parking spaces pursuant to § 1660-a of the Vehicle and Traffic
Law of the State of New York.
As used in this article the following terms
shall be have the meanings indicated:
Every ambulance, police vehicle, fire vehicle, civil defense
emergency vehicle and ordinance disposal vehicle of the Armed Forces
of the United States.
Any vehicle engaged in the delivery and/or loading of merchandise,
supplies or other material or the rendering of services to stores
or business establishments.
Any vehicle that is issued a special license plate under
§ 404-a of the Vehicle and Traffic Law of the State of New
York or is issued a special parking permit under § 1203-a
of the Vehicle and Traffic Law of the State of New York.
The operation or parking of an authorized emergency vehicle
when such vehicle is engaged in transporting a sick or injured person,
pursuing an actual or suspected violator of the law or responding
to or working or assisting at the scene of an accident, authorized
emergency training exercise, disaster, police call, alarm or fire
or other emergency. Emergency operation shall not include returning
from such service.
Any zone or area established as such pursuant to this article.
Any handicapped parking area or space established as such
pursuant to this article.
Any person eligible to have his vehicle specially registered
pursuant to § 404-a of the Vehicle and Traffic Law of the
State of New York or eligible for a special parking permit under § 1203-a
of the Vehicle and Traffic Law of the State of New York.
The standing of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
loading or unloading merchandise or passengers.
A person who resides in the Town of Newstead or pays real
property taxes to the Town of Newstead.
The stopping of a vehicle, whether occupied or not, otherwise
than temporarily for the purpose of and while actually engaged in
receiving or discharging passengers.
When prohibited, any halting, even momentarily, of a vehicle,
whether occupied or not, except when necessary to avoid conflict with
other traffic or in compliance with the directions of a police officer
or traffic control sign or signal.
The Town of Newstead situated in Erie County in the State
of New York.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or used exclusively upon stationary rails or tracks.
This article applies only to fire lanes and
handicapped parking spaces established by the Town Board or its designee
pursuant to this article or any amendment thereto.
The following restrictions are hereby imposed
on parking within the Town of Newstead:
A.
The stopping, standing or parking of any vehicle in
any area established by the Town Board of the Town of Newstead or
its designee and marked "Fire Lane" within the geographical limits
of the Town of Newstead is hereby prohibited unless herein and hereafter
expressly permitted.
B.
The stopping, standing or parking of any vehicle in
any area established by the Town Board of the Town of Newstead or
its designee and marked "Handicapped Parking," except by vehicles
that have been issued special license plates under § 404-a
or special parking permits under § 1203-a of the Vehicle
and Traffic Law of the State of New York, is hereby prohibited.
A.
The prohibitions contained in § 388-10A hereof shall not apply to:
(1)
Commercial vehicles parked at loading docks or service
entrances to stores or business establishments while said commercial
vehicles are actively engaged in the delivery and/or loading of merchandise,
supplies or other material or the rendering of services to such stores
or business establishments.
(2)
Authorized emergency vehicles engaged in emergency
operation within the particular location of the fire lane.
(3)
All public transit buses, such as NFTA buses, or any
other services to persons or property within the particular location
of the fire lane.
A.
The Town Board or its designee shall designate any
area at, on or near any interior street, roadway, driveway or parking
area in which any obstruction due to the parking or placing therein
of any vehicle or any other physical object will cause interference
with the ingress and egress of fire-fighting equipment or authorized
emergency vehicles or which will create a condition dangerous to life
or property in the event of fire. The Town Board or its designee shall
also designate parking spaces or areas reserved for handicapped persons
in accordance with the requirements of § 1203-c of the Vehicle
and Traffic Law of the State of New York.
B.
The designated areas shall thereupon be marked with
standard signs and/or other markings and signs which conform to accepted
sign standards as set forth in the New York State Manual of Uniform
Traffic Control Devices and which are deemed necessary and proper
by the Town Board or its designee.
C.
Signs and markings shall be installed by and at the
expense of the owner of the property within 120 calendar days after
receipt of official written notice by the Town Board or its designee
designating and depicting areas and locations of such signs and markings.
D.
In the event that any owner refuses or fails to install
any and all required signs and markings within 120 calendar days of
receiving said official notice, the Town shall promptly perform the
required work, and the Town Board or its designee shall provide for
the assessment of all costs and expenses so incurred by the Town in
connection with any such action taken, to become a lien against the
land on which such signs and markings are located.
Notwithstanding the provisions of § 388-14B:
A.
Any person, persons, firm, association, partnership or corporation violating the provisions of § 388-10A of this article shall be guilty of a traffic infraction and shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $250.
B.
Any person, persons, firms, association, partnership or corporation violating the provisions of § 388-10B of this article shall be guilty of a traffic infraction and shall, upon conviction thereof, be subject to a fine of not less than $25 nor more than $250 for the first offense and not less than $50 nor more than $250 for the second offense occurring within a period of two years within the Town of Newstead.
A.
The enforcement of this article and rules and regulations
promulgated pursuant thereto will be by the Code Enforcement Officer
or Fire Marshal and by such special persons as may be from time to
time authorized by the Town Board of the Town of Newstead in addition
to any duly authorized law enforcement officer of the State of New
York.
B.
Any vehicle stopped, standing or parked in a fire
lane or any vehicle without a special handicapped license plate or
special parking permit in a designated handicapped parking area may
be removed therefrom and stored at the direction of the Town of Newstead.
The owner or operator of such vehicle shall be liable to the Town
of Newstead or its designee for the payment of reasonable charges
for such removal and storage of any such vehicle.
