The Village Board of the Incorporated Village of Babylon 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 interest of the public and for the welfare and safety of the inhabitants of the Incorporated Village of Babylon to regulate and control traffic, to prevent congestion of traffic and to expedite the orderly movement thereof, and that this article be enacted.
[Amended 6-22-2004 by L.L. No. 2-2004; 9-27-2011 by L.L No. 3-2011]
A.
Whenever road conditions in the Incorporated Village of Babylon shall become hazardous or such that the free movement of fire, health, police, emergency or other vehicular traffic may become impeded by reason of snow, freezing rain, sleet, ice or other natural causes, the Mayor or such other person designated by him is authorized to declare the existence of an emergency.
B.
Whenever there exists an emergency and the public has been given notice of the emergency as hereinafter provided, it shall be unlawful to leave any vehicle unattended on the public streets and roadways.
The declaration of the emergency as aforesaid stated shall be made by announcement to the public on WBAB radio station and News Channel 12, and the broadcast thereof shall constitute notice to the general public.
The emergency so declared shall be deemed to continue for a period of 72 hours unless terminated by the Mayor or the person designated by him in accordance with § 343-50 hereof, and termination of the emergency may be declared as to one or more public roadways and streets prior to the seventy-two-hour period or the complete emergency terminated as aforesaid.
A.
It is ordered and directed that the Mayor, as may in his discretion be advisable or necessary, designate certain streets as "snow streets."
B.
Such other streets may be designated as "snow streets" by the Mayor as may in discretion be advisable or necessary to further carry out the provisions and intent of this article.
After the declaration of an emergency and the giving of public notice as aforestated, it shall be unlawful for the owner or driver of a motor vehicle to cause, permit, allow or suffer said vehicle to become stalled or immobile on any street designated as a "snow street" unless at least two wheels of said vehicle shall be equipped with snow tires or tire chains or skin chains or mud hooks.
As used in this article, the following terms shall have the meanings indicated:
Shall consist of the cross chains designated for giving added traction. At least two sets of mud hooks on each of two wheels shall be required to comply with the requirements herein.
Such tires having a recognized tread of thickness of rubber adopted to give added traction and skid resistance on wet, icy or snow-covered areas; tires which are so worn as to have less than 5/32 of an inch of recognizable tread shall be deemed inadequate and not in compliance with the requirements of this article.
Those designed and constructed to encircle the outside perimeter of tires.
A.
It shall be unlawful to cause, permit, allow or suffer any vehicle to be left unattended on any public roadway or street after the first two hours following notice of the declaration of an emergency. Where the driver of such vehicle cannot be located, the violation of this provision shall be presumed to be that of the registered owner of the vehicle.
A.
Authority to impound vehicles.
(1)
When any vehicle parked, abandoned or unattended on any public highway within the incorporated limits of the Village or in any municipally controlled parking field or area, including a metered or reserved field, or in any designated fire lane constitutes an obstruction of traffic, interferes with and prevents the full use of the highway or interferes with the ability to maintain the public highway by impeding the ability of vehicles with plows for snow removal from clearing and removing accumulations of snow and/or ice from the public roadway or street, parking field and public by accessible paved surfaces during a snowstorm, flood, fire or other emergency, said vehicle shall be removed and towed away by direction of and under the supervision of the Superintendent of Highways or the Special Officer of the Village.
(2)
When any vehicle parked, abandoned or unattended in any municipally controlled parking field or area, including a metered or reserved field, either beyond the legal time as posted, established by this chapter or provided by the meter, or is parked unlawfully or is parked in such a manner as to obstruct traffic or the removal of snow from the immediate area, or is parked in such a manner as to interfere with the proper and normal use of such field or area, said vehicle shall be removed and towed away by direction of and under supervision of the Superintendent of Public Works or the Special Officer of the Village.
(3)
The Superintendent of Public Works or Special Officer of the Village is authorized to remove or tow, or cause to be removed or towed, any vehicle parked, abandoned or unattended in violation of the provisions of this chapter.
A violation of any provision of this article shall be punishable as provided in § 343-82.