[HISTORY: Adopted by the Town Board of the
Town of Clarkstown as indicated in article histories. Amendments noted
where applicable.]
GENERAL REFERENCES
Vehicles and traffic — See Ch. 278.
[Adopted 1-22-1985 by L.L. No. 2-1985 (Art.
I of Ch. 71 of the 1974 Code)]
[Amended 1-25-2005 by L.L. No. 1-2005]
It is the intention of the Town Board of the
Town of Clarkstown by this article to regulate parking in Town commuter
parking lots for the benefit and use of persons commuting to and from
their employment, to encourage carpooling and the use of public transportation,
to reduce traffic and air pollution and better serve our suburban
community.
[Amended 1-25-2005 by L.L. No. 1-2005]
The Town Board, in its discretion, may obtain,
by purchase, lease, license or otherwise, areas to be designated as
commuter parking lots, and such areas, when so designated by Town
Board resolution, shall be subject to the provisions of this article
upon posting of notice of such designation. The Superintendent of
Highways shall install and maintain adequate signage in these areas
designated so as to notify users of the rules and regulations of the
facility.
[Amended 2-10-1987 by L.L. No. 4-1987; 9-11-1991 by L.L. No.
6-1991; 3-11-1997 by L.L. No. 5-1997; 1-25-2005 by L.L. No. 1-2005]
Parking in a designated commuter parking lot
of the Town between the hours of 12:00 midnight and 4:00 a.m. is prohibited
except in those specific areas designated for overnight parking by
the Superintendent of Highways, who shall be responsible for maintenance
and upkeep of commuter parking lots. The Superintendent of Highways
shall designate an area in each commuter parking lot for overnight
parking. The area so designated shall, in the discretion of the Superintendent
of Highways, be based on the size of the lot, the demand for overnight
parking, snow removal and stockpiling concerns. Such areas shall be
appropriately lined and signed. Overnight parking in such designated
areas is hereby limited for use solely by commuter vehicles for the
occasional business trips or overnight stays at the commuters’
travel location, and for no other purpose. Any use other than that
as herein permitted shall be punishable as provided in § 200-5A.
[Amended 1-25-2005 by L.L. No. 1-2005]
Commuter parking permits shall be available
and issued at the office of the Town Clerk to residents of the Town
of Clarkstown and nonresidents upon application therefor and the payment
of the required annual fee, which shall be established as provided
herein.
A.
Permit fees shall be established annually by resolution
of the Town Board adopted after the enactment of this article and
thereafter in the month of December for the next calendar year. The
Town Board may defer adoption, waive or suspend any permit procedure
or fees in its discretion. The Town Board may establish a greater
annual permit fee for nonresidents whenever permitted by law.
B.
Permits issued pursuant to this article are not transferable.
C.
Permits, when issued, shall be affixed to the inside
of the vehicle so as to be readable from the windshield.
D.
Whether or not a permit or fee is required or waived,
parking in designated commuter lots is for the sole use of commuter
passenger vehicles in appropriately designated spaces and for no other
purpose. Retail sales, vending, advertising, auto sales, athletic
activities, storage of commercial vehicles or equipment or any other
activity unrelated to parking of commuter vehicles is prohibited.
[Amended 1-25-2005 by L.L. No. 1-2005]
Any person who shall park a vehicle in violation
of the provisions of this article or engage in any other prohibited
activity in any Town-owned or -controlled commuter parking lot shall
be subject to a fine of not more than $50 for the first offense and
not more than $100 for the second offense. Each subsequent offense
is subject to a fine of up to $250. Enforcement authority of this
article is vested in the Clarkstown Police Department, the Superintendent
of Highways and code enforcement officials of the Town of Clarkstown
who are authorized to issue uniform traffic summons or appearance
tickets to violators.
In addition to the penalties herein provided,
any vehicle parked or unattended in any parking lot designated as
a town commuter parking lot in violation of this Article will be subject
to removal, and it shall be the obligation of the owner of any such
vehicle to pay the costs of removal and storage charges which may
result from such removal before the owner shall be entitled to recover
possession of the vehicle.
In the event of a violation of this Article,
there shall be a presumption that the registered owner of the vehicle
is the person who parked said vehicle.
[Adopted 2-10-1987 by L.L. No. 4-1987 (Art.
II of Ch. 71 of the 1974 Code); amended in its entirety 1-25-2005 by L.L. No.
1-2005]
It is the intention of the Town Board of the Town of Clarkstown by this Article II to regulate parking in Town municipal parking lots for the benefit and use of persons who have business with Town departments and agencies, for the benefit of employees of the Town who commute to work, to promote local shopping and to enhance the benefits provided by the Town’s Hamlet Revitalization Program.
The Town Board may, in its discretion, by resolution,
designate parking areas adjacent to government offices and facilities,
or other areas such as hamlet centers, as municipal parking lots.
Such lots, when so designated, shall be subject to the provisions
of this article upon the posting of notice. Municipal parking lots
serving hamlet centers now in existence or subsequently created shall
be lined, signed and posted by the Superintendent of Highways with
rules and regulations regarding permitted use, hours of operation
and other information subject to Town Board resolution.
It shall be unlawful for any person to park a vehicle in any designated municipal parking lot that is posted as reserved for employees unless the vehicle has a valid parking permit displayed thereon. All other vehicles may lawfully park in areas designated for visitor parking only for such period of time as is necessary for the operator or occupant to transact business with the Town or otherwise as posted. Parking in municipal parking lots serving hamlet centers shall be unlawful unless in compliance with appropriate signage and posting by the Superintendent of Highways. No other activity, such as retail sales, vending, advertising, auto sales, athletic activities, storage of commercial vehicles or equipment, or any other activity which shall interfere with the intended use for municipal parking, shall be permitted, and any such activity shall be deemed an offense subject to the penalties provided in § 200-12.
[Amended 4-9-2013 by L.L. No. 2-2013]
Any person who shall park a vehicle or engage
in any other prohibited activity in any Town-owned or -controlled
municipal parking lot in violation of this article shall be subject
to a fine of not more than $1,000. Any person found guilty of a second
offense of any provision of this chapter within 18 months of the date
of the first conviction shall be punished by a fine of not less than
$2,500 and not more than $5,000. Any person found guilty of a third
or subsequent offense of any provision of this chapter within 18 months
of the date of the second conviction shall be punished by a fine of
not less than $5,000 and not more than $7,500. Enforcement authority
of this article is vested in the Clarkstown Police Department, the
Superintendent of Highways and code enforcement officials of the Town
of Clarkstown who are authorized to issue uniform traffic summonses
or appearance tickets to violators.
In addition to the penalties herein provided,
any vehicle parked or unattended in any parking lot designated as
a town municipal parking lot in violation of this Article will be
subject to removal, and it shall be the obligation of the owner of
any such vehicle to pay the costs of removal and storage charges which
may result from such removal before the owner shall be entitled to
recover possession of the vehicle.
In the event of a violation of this Article,
there shall be a presumption that the registered owner of the vehicle
is the person who parked said vehicle.
