[HISTORY: Adopted by the Council of the City of Mount Vernon 11-13-1957 as Ch. 28
of the General Ordinances, approved 11-15-1957; amended in its entirety 1-25-1984, approved 1-26-1984. Subsequent
amendments noted where applicable.]
Wherever used in this chapter, the following terms shall have
the meanings indicated:
The City Clerk of the City of Mount Vernon.
The Commissioner of Public Safety of the City of Mount Vernon,
unless otherwise indicated.
Any outdoor space or uncovered plot of ground which has the
capacity to hold four or more motor vehicles and is used to accommodate,
store or keep any motor vehicle for the payment of a fee or other
consideration, charged directly or indirectly.
A.
It shall be unlawful for any person, firm, association or corporation
to maintain, operate or conduct a parking lot in the City of Mount
Vernon without first obtaining a license therefor from the City Clerk.
B.
A license to maintain, operate or conduct a parking lot shall be
granted to a person of good character in accordance with the provisions
of this chapter. If the applicant is a copartnership or a corporation,
all members of the copartnership and all officers of the corporation
are required to be persons of good character.
C.
The fee to be paid to the City Clerk for every such license, temporary
permit or for a renewal thereof shall be as follows:
(1)
For each parking lot which has the capacity to hold not more than
25 motor vehicles: $50.
(2)
For each parking lot which has the capacity to hold 26 but not more
than 50 motor vehicles: $100.
(3)
For each parking lot which has the capacity to hold 51 but not more
than 100 motor vehicles: $150.
(4)
For each parking lot which has the capacity to hold more than 100
motor vehicles: $200.
D.
A commuted license may be issued for a period not exceeding any six
months in the year at 1/2 the fee provided for hereinabove, except
that the minimum rate for any such commuted license shall be not less
than $25.
E.
Every such license shall expire on the 31st day of December next
succeeding the date of issuance thereof. All such licenses must be
renewed from year to year during the month of January by the payment
of the renewal fee for such licenses after permission therefor has
been authorized by the Commissioner of the Department of Public Safety
of the City of Mount Vernon. Each applicant shall have a grace period
of 30 days from the 31st day of January to renew such license.
The provisions of this chapter shall not, except as hereinafter
provided, apply to:
A.
A parking lot maintained or operated by the City, by any agency thereof
or by a public parking authority.
B.
A parking lot maintained or operated in conjunction with a business
solely for the accommodation of employees, patrons and/or invitees
thereof, provided that no parking fee is charged.
C.
A parking lot maintained or operated by the owner or lessee of a
multiple dwelling for the sole and exclusive accommodation of the
tenants or residents of such multiple dwelling. This exemption, however,
shall not apply when such parking lot is maintained or operated by
any concessionaire or lessee, by agreement with the owner or lessee
of such multiple dwelling and for which parking fees are charged.
A.
Each applicant for a parking lot license shall file with the City
Clerk a written application in the form prescribed by the City Clerk,
containing such information and having annexed thereto such documents
and exhibits as may be required by said Clerk.
B.
Such application shall then be submitted by the City Clerk to the
Commissioner of Buildings, Commissioner of Public Works, Fire Commissioner
and the Commissioner.
C.
Such application shall have endorsed thereon the maximum number of
cars that may be permitted to be parking on said lot as stated on
the certificate of occupancy or as approved by the Building Commissioner.
D.
Such application shall also be endorsed by the Corporation Counsel
to signify his approval of the form and sufficiency of the public
liability insurance policy of the applicant.
E.
Such application shall include a sketch of the parking lot indicating
ingress and egress, lighting and the layout of parking spaces.
A.
Every applicant for a license to maintain, conduct or operate a parking
lot shall file with the City Clerk a schedule of rates showing the
prices charged for daily, weekly and monthly parking or storage of
motor vehicles and all other rates charged therefor.
B.
No licensee shall make any charge for parking or storing any motor vehicles in a parking lot in excess of the rates set forth in the schedule filed with the City Clerk unless and until at least 30 days prior to the effective date of such changed rates such licensee has filed with the City Clerk in writing such change in rates and has posted such changed rates on signs which conform to the requirements of § 183-16B hereof.
No license issued under the provisions of this chapter shall
be transferred to or assigned to any person or used by any person
other than the licensee to whom it was issued, nor shall such license
be used at any location other than the location stated in such license.
Every licensee, at the time of accepting a motor vehicle for
parking or storage, shall furnish to the driver of such vehicle a
distinctive claim check acknowledging the receipt of the vehicle and
showing the date of such acceptance. Every such claim check shall
contain the name of the licensee and his license number. Such licensee
shall not be required to issue a claim check for any vehicle which
is parked or stored on a weekly or monthly basis.
A.
No motor vehicle shall be accepted by a licensee for parking or storage
in excess of the capacity of the parking lot as shown in the license.
Whenever the maximum capacity of a parking lot has been reached, the
licensee shall post at the public entrance thereof a sign, composed
of letters at least six inches in height, stating that such maximum
capacity has been reached.
B.
The determinator of the maximum motor vehicle capacity of each parking
lot, which shall appear on the face of the license, shall be made
by the Commissioner of Buildings for the purpose of safeguarding persons
and property and permitting adequate inspection of the premises and
shall be figured in units of nine feet wide by 20 feet long, exclusive
of access driveways and turning areas.
C.
No commercial motor vehicle shall be permitted to be parked or stored
in any parking lot which is established in a residence zone district
as shown on the Zoning Map of the City of Mount Vernon, whether or
not such parking lot is required to be licensed under this chapter.
The application for a license must state the number of the applicant's
employees, including the number of full-time employees and the number
of part-time employees.
The premises of licensed parking lots must be adequately attended
and supervised at all times during operation. The applicant must provide
the City Clerk with a telephone number where the applicant can be
reached when the lot is not in operation.
The license number of the parking lot must appear on all signs,
bills, invoices, letterheads, claim checks and other printed material.
A.
No permit shall be issued by the Clerk until the applicant therefor
shall have first placed on file with the Clerk, without cost to the
City, satisfactory evidence of public liability insurance in the amounts
of not less than $250,000 for any one person and not less than $500,000
for any one accident and property damage insurance in the amount of
not less than $25,000 for any one accident and $50,000 in the aggregate
and satisfactory evidence that said insurance has been approved as
to form, correctness and adequacy by the Corporation Counsel, to insure
the City against any loss, injury or damage arising out of the granting
of the permit or from any negligence or fault of said applicant, his
agents, servants or employees in connection with said obstruction
or with any work related thereto.
B.
Such insurance must remain in force throughout the effective period
of the permit as well as any authorized extensions thereof and shall
carry an endorsement to the effect that the insurance company will
give at least 10 days' written notice to the City of any modification
or cancellation of any such insurance.
In the event of a change of ownership of a licensed parking
lot, the licensee of record must make immediate notification to the
City Clerk.
A.
When an original application for a license is presented, the fingerprinting
of an individual applicant and of his partner in a copartnership will
be required. When a corporation submits an original application, an
officer of the corporation or a representative thereof, duly authorized
in writing, will be required to be fingerprinted.
B.
The Clerk may disapprove an application for a license, after a hearing,
if, in his discretion, he determines that:
(1)
The applicant has made a material false statement or concealed a
material fact in connection with his application;
(2)
The applicant, any officer, director, stockholder or partner, or
any other person directly or indirectly interested in the application
was the former holder, or was an officer, director, stockholder or
partner in a corporation or partnership which was the former holder
of a license which had been revoked or suspended;
(3)
The applicant or any officer, director, stockholder, partner, employee
or any other person directly or indirectly interested in the application
has been convicted of a felony or any crime involving violence, dishonesty,
deceit, indecency, degeneracy or moral turpitude; or
(4)
The applicant is not the true owner of the business or for any reason
in the opinion of the Clerk may be deemed detrimental to the best
interest of the general public both in welfare and safety.
Motor vehicles shall not be stored or parked by licensees on
public streets, avenues, highways or public places.
A.
Licensed parking lots having a separate entrance and exit must have
their main entrance and main exit clearly designated with signs 12
inches wide by 36 inches high marked "entrance" and "exit."
B.
A durable sign must be posted conspicuously at the public entrance
of each licensed parking lot, stating the name, address and telephone
number of the person operating the same, the hours during which it
is open for business and the license number, maximum motor vehicle
capacity and the parking or storage rates in letters and figures at
least six inches in height. When more than one rate is charged for
the parking or storage of a motor vehicle, the letters and figures
designating each such rate shall be of the same size and dimensions.
C.
The sign must be sufficiently illuminated and easily visible.
D.
In the event that the maximum capacity of a parking lot has been
reached, a sign composed of letters at least six inches in height
must be posted at the public entrance of such parking lot, stating
"capacity full."
A.
All licensed parking lots shall be graded as provided for in § 15.09
of the Building Code.
B.
No licensee or any of its agents, employees or other representatives
shall place upon the sidewalks, streets or public highways any debris,
snow, ice or any other object which might obstruct the free use of
said sidewalks, streets or public highways, except where specifically
permitted under the ordinances and regulations of the City. In the
event of a violation of this provision, the licensee may be liable
to loss of its license and shall be liable to the payment of a fine
of not less than $25 nor more than $100 for each violation.
All licensed parking lots which are operated during any portion
of the period from one hour after sunset to one hour before sunrise
shall be adequately lighted so as to meet with the approval of the
Clerk and the Commissioner of Buildings.
No contract, agreement, lease, receipt, rule or regulation made
or issued by any licensee with or to a person who parks or stores
a motor vehicle in a parking lot operated by such licensee shall exempt
such licensee from liability for damage or loss caused by the negligence
of such licensee or any employee of such licensee.
Where a trade name is used by an applicant for a license or
a copartnership applies for a license, a certified copy of the certificate
required to be filed with the County Clerk must be filed with the
application.
Every license issued pursuant to this chapter shall be subject
to suspension or revocation upon the failure of such licensee to pay
or satisfy any judgment secured against him by anyone who stored or
parked a motor vehicle in the parking lot licensed hereunder, provided
that such judgment was secured in a court of competent jurisdiction
against the licensee for acts of commission or omission with regard
to the business maintained, operated or conducted by him pursuant
to the license issued hereunder.
Any license may be suspended or revoked by the City Clerk and
any application for a renewal thereof denied for the failure of a
licensee to comply with any applicable provision of law or any of
the provisions of this chapter.
Each violation of this chapter is an offense punishable by a
fine not exceeding $250 or by imprisonment for not more than 15 days,
or by both such fine and imprisonment. Conviction of a violation of
this chapter shall be grounds for the suspension or revocation of
the license.
This chapter shall take effect immediately.
