[Adopted 4-3-1974 by L.L. No. 2-1974 as
Art. I of Ch. 102 of the 1974 Code]
This article shall be known as a law providing
for safety of motor vehicle operation on town roads and highways;
for regulation, maintenance and management of vehicular safety in
public places with respect to movement of traffic, parking, ingress
and egress; for vehicular safety in shopping centers and other places
accessible to the public in the unincorporated area of the Town of
Clarkstown; and for the establishment of a Traffic Violations Bureau.
This article shall not apply to individual residential lots.
It is the aim of the Town Board of the Town
of Clarkstown to promote the public health, welfare and safety of
its residents by:
A.
Regulating the use and operation of motor vehicles
upon the streets, highways and public places accessory to or connected
with industrial, commercial, professional, educational and recreational
facilities and other services or facilities accessible to the public
in the unincorporated portions of the town.
B.
Regulating the construction, reconstruction, management
and maintenance of open areas, avenues of access or parking spaces
for motor vehicles at the foregoing or similar uses and activities.
C.
Designating fire lanes and/or fire zones in shopping
centers and private apartment complexes.
[Amended 5-12-1976 by L.L. No. 5-1976]
E.
Disposing of unattended and abandoned motor vehicles
in fire lanes or other public places or zones duly marked as being
restricted by the Police Department or on any other public road or
public area similarly restricted during periods of public emergency
by a Town of Clarkstown agency in the interest of safety or during
the winter season where the same impedes or interferes with snow removal
or safe motor vehicle traffic.
F.
Exercising the powers granted to the Town Board pursuant
to the Vehicle and Traffic Law of the State of New York.
G.
Establishing a Traffic Violations Bureau.
A.
The words and phrases used in this Article shall,
for the purposes of this Article, have the meanings respectively ascribed
to them by Article I of the Vehicle and Traffic Law of the State of
New York.
B.
FIRE ZONE AND FIRE LANE
PARK, PARKING or PARKED
PERSON
PROPERTY
VEHICLE
The following words and phrases have meaning as follows:
An unobstructed passageway marked or designated on public
or private property accessible to the public to permit free ingress
and egress of fire, police and other emergency vehicles and equipment
from a public highway.
The stopping upon any public highway and leaving a motor
vehicle or motorcycle unattended by a person capable of operating
it.
[Added 9-11-1991 by L.L. No. 6-1991]
Includes an individual, corporation, partnership, association
or any other organized group of persons, or legal successor or representative
of any of the foregoing.
[Amended 9-11-1991 by L.L. No. 6-1991]
Any real property within the town which is not a street or
highway.
Any conveyance by which any person or property is or may
be transported or drawn upon the street.
[Added 9-11-1991 by L.L. No. 6-1991]
C.
All words, terms and phrases used herein not specifically
defined in either the Vehicle and Traffic Law of the State of New
York or herein shall have their usual meaning in the English language.
The Town of Clarkstown Highway Department and/or
the Police Department of the Town of Clarkstown shall install and
maintain traffic control devices when, as and where required by direction
of the Town Board of the Town of Clarkstown, under the provisions
of this Article, to make effective the provisions of said Article,
and may install and maintain such additional traffic control devices,
by direction of the Town Board of the Town of Clarkstown, as the Town
Board may deem necessary to regulate, warn or guide traffic under
the Vehicle and Traffic Law of the State of New York, all subject
to the provisions of §§ 1682 and 1684 of that law.
A.
The registered owner of a vehicle shall be presumed
to be prima facie responsible for compliance with any requirement
of this Article and to be prima facie responsible for any nonmoving
violation hereof, except that it shall be a defense that the vehicle
has been previously reported to and recorded by police as stolen.
B.
The erection of a sign exercising any powers hereinbefore
or hereinafter set forth shall constitute prima facie evidence of
a rule, resolution or regulation duly adopted by the Town Board of
the Town of Clarkstown and filed in the office of the Town Clerk authorizing
the same.
C.
The specification of a particular rule or regulation
herein shall be presumed to be in addition to and no by way of limitation
of any rules or regulations heretofore or hereafter enacted by resolution
of the Town Board of the Town of Clarkstown dealing in any way with
the matters or subjects included within the scope of this Article.
A.
The Town Board of the Town of Clarkstown has heretofore
and shall hereafter by resolution, as it sees fit, direct the appropriate
town agency to:
(1)
Upon a roadway which is divided into three lanes,
allocate the center lane exclusively for traffic moving in a specified
direction.
(2)
Order signs erected directing slow-moving traffic,
trucks, buses or specified types of vehicles to use a designated lane;
or with signs, signals or markings designate those lanes to be used
by traffic moving in a particular direction regardless of the center
of the roadway.
(3)
Determine those highways or portions of highways which
shall be marked to indicate where overtaking and passing or driving
to the left of the roadway would be especially hazardous in accordance
with the standards, minimum warrants and sign or marking specifications
established by the Department of Transportation.
[Amended 9-11-1991 by L.L. No. 6-1991]
(4)
License, regulate or prohibit processions, assemblages
or parades. Whenever such a procession, assemblage or parade authorized
by a local authority will block the movement of traffic on a state
highway maintained by the state, or a county road maintained by the
county, or on a highway which connects two state highways maintained
by the state to make a through route, or on a road which connects
two county roads maintained by the county to make a through route,
for a period in excess of 10 minutes, such authority must, prior to
such blocking, provide and designate with conspicuous signs a detour
adequate to prevent unreasonable delay in the movement of traffic
on said state highway maintained by the state and/or county road maintained
by the county.
(5)
Prohibit or regulate the operation and the stopping,
standing or parking of vehicles in public parks.
(6)
Provide for the removal and storage of vehicles parked
or abandoned on highways during snowstorms, floods, fires or other
public emergencies, or found unattended where they constitute an obstruction
to traffic, or any place where stopping, standing or parking is prohibited,
and for the payment of reasonable charges for such removal and storage
by the owner or operator of any such vehicle.
(7)
Establish a system of truck routes upon which all
trucks, tractors and tractor-trailer combinations having a total gross
weight in excess of 10,000 pounds are permitted to travel and operate
and excluding such vehicles and combinations from all highways except
those which constitute such truck-route system. Such exclusion shall
not be construed to prevent the delivery or pickup of merchandise
or other property along the highways from which such vehicles and
combinations are otherwise excluded. Any such system of truck routes
shall provide suitable connection with all state routes entering or
leaving such town.
(8)
Temporarily exclude from any portion of any town highway
any vehicle with a gross weight of over four or more tons, or any
vehicle with a gross weight in excess of any designated weight on
any wheel, axle, any number of axles or per-inch width of tire when
in its opinion such highway would be materially injured by the operation
of any such vehicle thereof. Such exclusion shall take effect upon
the erection of signs on the section of highway from which such vehicles
are excluded, and a notice that such vehicles are excluded shall be
published in a newspaper in the county where the highway is situated.
The exclusion shall remain in effect until the removal of the signs
as directed by the Town Board. Upon written application by any operator
of a vehicle subject to this section, the Town Board may issue a permit
providing appropriate exemption to such vehicle if it is deemed that
said vehicle is performing essential local pickup or delivery service
and that a failure to grant such permit would create hardship. Every
such permit may designate the route to be traversed and contain other
reasonable restrictions of conditions deemed necessary. Every such
permit shall be carried on the vehicle to which it refers and shall
be open to inspection of any peace officer. Such permits shall be
for the duration of the restriction imposed under this section.
(9)
Prohibit, restrict or regulate the operation of vehicles
on any controlled-access highway or the use of any controlled-access
highway by any vehicle, device moved by human power or pedestrian.
(10)
Prohibit or regulate the turning of vehicles or specified
types of vehicles at intersections or other designated locations.
(11)
Regulate the crossing of any roadway by pedestrians.
(12)
Designate any highway or any separate roadway thereof
for one-way traffic.
(13)
Exclude trucks, commercial vehicles, tractors, tractor-trailer
combinations and trucks in excess of any designated weight from designated
highways. Such exclusions shall not be construed to prevent the delivery
or pickup of merchandise or other property along the highways from
which such vehicles and combinations are otherwise excluded.
[Amended 9-11-1991 by L.L. No. 6-1991]
(14)
Prohibit, restrict or limit the stopping, standing
or parking of vehicles.
(15)
Designate safety zones.
(16)
Designate county roads and town highways as through
highways and order stop signs, flashing signals or yield signs erected
on county roads or town highways at specified entrances to such through
highways, or designate any intersection except those where one or
more entering highways is a state highway maintained by the state
as a stop intersection or a yield intersection, and order like signs
or signals at one or more entrances to such intersections.
(17)
Regulate traffic by means of traffic control signals.
(18)
Provide for the installation, operation, maintenance,
policing and supervision of parking meters, establish parking time
limits at such meters, designate hours of operation of such meters
and fix and require the payment of a fee applicable to parking where
such meters are in operation. The Town Board of any town may exercise
these powers on behalf and at the expense of a public parking district
with respect to highways outside of villages, but within such public
parking district, in which event the fees from such parking meters
shall belong to such district, and the cost of operation and maintenance
thereof shall thereafter be borne by such public parking district.
(19)
Authorize angle parking on any roadway.
(20)
Adopt such additional reasonable ordinances, orders,
rules and regulations with respect to traffic as local conditions
may require, subject to the limitations contained in the various laws
of this state.
(21)
Prohibit, restrict or limit the stopping, standing
or parking of vehicles upon property owned or leased by such town.[1]
[1]
Editor's Note: Former Subsection A(22), Dimensions and weights
of vehicles, Subsection A(23), Federal Motor Carrier Safety Regulations,
and Subsection A(24), Violations of conditions of overweight vehicles,
which immediately followed, were redesignated as Arts. II, III and
IV, respectively, by L.L. No. 6-2013, adopted 8-20-2013.
A.
All resolutions of the Town Board of the Town of Clarkstown
heretofore or hereafter adopted and heretofore or hereafter filed
in the office of the Town Clerk of the Town of Clarkstown establishing
or in any other way dealing with specific traffic control signals,
one-way roadways, crosswalks, turning movements, stop and yield intersections,
parking, both as to location and time, truck routes, pavement markings,
safety zones, center-lane allocations, lane designations, truck-excluded
routes, etc., are herein and hereby adopted, enacted and incorporated
by reference as if the same were hereinafter set forth in full and
with the same force and effect as if separately stated.
The Town Clerk shall and must maintain in her office separate schedules of all resolutions of the Town Board dealing with the exercise of traffic control powers set forth in § 278-7. Said schedules shall be public records, open to inspection to any member of the public at any time during regular business hours of the office of the Town Clerk.
A.
Establishment. A Traffic Violations Bureau is hereby
established in the Town of Clarkstown, to be operated by a director
and such other personnel as may in time become necessary.
C.
Jurisdiction. The Traffic Violations Bureau shall
be authorized to dispose of any violations of the traffic laws, ordinances,
rules and regulations when such offenses shall not constitute the
traffic infraction known as "speeding" or a misdemeanor or felony.
D.
Procedure.
(1)
Any individual may plead guilty to an offense within
the jurisdiction of the Traffic Violations Bureau by a written document
in such form as prescribed by the Traffic Violations Bureau, waiving
the right to trial, and inclusion with said document of the payment
of such fine as shall be designated by the Town Justice Court for
said offense, provided that such fines are within the limits established
as penalties for such offense.
(2)
At any time prior to the issuance of a warrant for
an alleged violator's arrest, the alleged violator may appear personally,
or by designated person, or by written power of attorney, in such
form as prescribed by the Traffic Violations Bureau, before the Traffic
Violations Bureau to answer the violation alleged. Said violation
may be satisfied by payment of the prescribed fine and a writing waiving
a court hearing. Fulfillment of said conditions shall presumptively
be considered a plea of guilty, which plea the Bureau Director shall
be authorized to enter. A defense of prior theft of a motor vehicle
interposed to a nonmoving violation by the owner thereof shall be
established to and accepted by the Traffic Violations Bureau by the
mailing, by the vehicle owner or his agent, by certified mail, return
receipt, of a certified record of the report made of said theft of
the motor vehicle to any police department to the attention of said
Traffic Violations Bureau.
(3)
Fulfillment of said conditions shall be deemed complete
satisfaction for the violation, and the violator shall be given a
receipt which so states.
E.
Failure to answer. If a person charged with a traffic violation does not answer the violation, as prescribed in § 278-9D, within the time specified on the notice of violation, the Bureau shall cause a complaint to be entered against said person, and a warrant to be issued for said person's arrest and appearance before the court.
F.
Persons not eligible. Any person who shall have been,
within the preceding 12 months, guilty of a number of parking violations
in excess of a maximum number to be established by the court, or of
three or more violations other than parking violations, shall not
be permitted to appear and answer to a subsequent violation before
the Traffic Violations Bureau, but must appear in court at a time
specified by the Bureau.
G.
Restrictions. The Traffic Violations Bureau shall
not be authorized to deprive a person of his right to counsel or to
prevent him from exercising his right to appear in court to answer
to, explain or defend any charge of a violation of any traffic law,
ordinance, rule or regulation.
H.
Establishment of fine. The Justice Court shall designate
the fines to be paid for offenses which may be satisfied at the Bureau,
as provided in this article, provided that such fines are within the
limits established as penalties for such offenses.
I.
Maintaining records.
(1)
The Traffic Violations Bureau shall keep a record
of all violations of which each person has been guilty, whether such
guilt was established in court or in the Bureau, and also a record
of all fines collected and the disposition thereof, as well as a record
of the disposition of all charges brought before, referred to or otherwise
processed by it.
(2)
The Bureau shall also perform such other or additional
duties and keep such other or additional records as shall be prescribed
by the court and/or the Town Board.
A.
No person shall operate his motor vehicle upon any
public highway, private road or other area open to motor vehicle traffic
within the unincorporated area of the Town of Clarkstown at a rate
of speed in excess of 30 miles per hour, except that the rate of speed
on other roads, highways or areas accessible to public vehicular travel
in the unincorporated area of the Town of Clarkstown shall not be
in excess of any duly posted speed limit. This section shall not apply
to ambulances, fire vehicles or police vehicles when on emergency
trips, and they shall operate as required with due regard to the emergency
and due observance of safety in the circumstances. This article shall
not apply to state highways maintained by the State of New York.
B.
School speed limits during the time that school is
in operation and for one hour before and one hour after the opening
and closing of classes shall be 15 miles per hour on any portion of
any public highway, private road or other area open to motor vehicle
traffic, within the unincorporated area of the Town of Clarkstown,
passing a school building for a distance of 300 feet in either direction
from the property line of a school abutting on said public highway,
private road or the road in the unincorporated area in the Town of
Clarkstown.
C.
No person shall drive a vehicle at a speed greater
than is reasonable and prudent under the conditions and having regard
to the actual and potential hazards then existing.
[Added3-14-2000 by L.L. No. 4-2000]
[Amended 5-12-1976 by L.L. No. 5-1976; 6-7-1978 by L.L. No. 3-1978; 6-7-1978 by L.L. No. 4-1978; 4-14-1981 by L.L. No.
4-1981; 4-28-1981 by L.L. No. 6-1981; 3-16-1982 by L.L. No.
4-1982; 9-14-1982 by L.L. No. 12-1982; 10-9-1984 by L.L. No.
3-1984]
A.
Blocking of driveways and entrances prohibited. No
vehicles shall be parked in front of any driveway or in front of or
within 10 feet, measured along the curb, of the entrance to any theater,
auditorium, church or other public building or any firehouse, except
for such reasonable time as may be necessary for taking on or discharging
passengers or merchandise.
B.
Stopping, standing or parking not to obstruct traffic.
No person shall stop, stand or park a vehicle upon any town-dedicated
sidewalk, street or highway within the unincorporated portion of the
Town of Clarkstown in such a manner or under such conditions as to
obstruct the movement of pedestrian or vehicular traffic and in no
instance so as to leave less than 12 feet of roadway available for
the free movement of vehicular traffic.
C.
Parking for certain purposes prohibited. No person
shall park a vehicle upon any town-dedicated sidewalk, street or highway
within the unincorporated portion of the Town of Clarkstown for the
principal purpose of:
D.
Parking of commercial vehicles restricted. When parking
is not otherwise restricted, no person shall park a commercial vehicle
upon any town-dedicated sidewalk, street or highway within the unincorporated
portion of the Town of Clarkstown for a period in excess of three
hours.
E.
Parking unregistered vehicles. No person shall park
a vehicle upon any town-dedicated sidewalk, street or highway within
the unincorporated portion of the Town of Clarkstown unless it is
properly registered and the current number plates with tag, if required,
issued for the vehicle are properly displayed thereon.
F.
Parking of trailers. No person shall park any trailer
or semitrailer on any town-dedicated sidewalk, street or highway within
the unincorporated portion of the Town of Clarkstown, except while
loading or unloading at off-street platforms, unless such trailer
or semitrailer is attached to a motor vehicle capable of towing it.
G.
Parking of buses prohibited. No person shall park
a bus at any time on any town-dedicated sidewalk, street or highway
within the unincorporated portion of the Town of Clarkstown unless
authorized by signs, except that a chartered bus may park where parking
is otherwise permitted at the point of destination.
H.
Nighttime parking restrictions.
(1)
Parking on any streets, roads and highways of the
town between the hours of 12:00 midnight and 6:00 a.m. which is otherwise
permitted is prohibited during the period from November 15 to April
1.
(2)
Parking of any vehicle not owned by the town shall
be prohibited on all town-owned property, property leased by the town
and property used by the town pursuant to a license agreement with
the owner, between 12:00 midnight and 6:00 a.m., except that this
provision shall not apply where the owner or operator of the vehicle
is actually engaged in town business.
(3)
The owner or operator of any motor vehicle parked in violation of § 278-11H(1) and (2), in addition to any other penalties which may be imposed, shall be liable for any expenses incurred by the town in towing said unlawfully parked motor vehicle, such charges not to exceed the actual cost incurred, together with any charges for storage, such storage charges not to exceed $25 per day or fraction thereof.
[Amended 9-11-1991 by L.L. No. 6-1991]
I.
Parking permits for persons with disabilities.
[Amended 5-23-1995 by L.L. No. 8-1995]
(1)
The Town Clerk of the Town of Clarkstown shall be
designated as the agent to distribute special vehicle identification
parking permits to persons with disabilities issued by the Commissioner
of Motor Vehicles pursuant to § 1203-a of the Vehicle and
Traffic Law of the State of New York.
(2)
The Clerk shall adopt the application forms and procedures
as promulgated by the Commissioner of Motor Vehicles for the issuing
of these parking permits. These permits shall be issued to residents
of the Town of Clarkstown who are eligible for them under the guidelines
established by the State Advocate for the Handicapped.
(3)
Should the Commissioner of Motor Vehicles or the State
Advocate for the Handicapped not establish guidelines, then the Town
Clerk is authorized to issue permits to all residents of the Town
of Clarkstown who can establish by medical certification that they
are suffering from physical disability seriously impairing mobility.
(4)
All permits issued by the Town Clerk shall be valid
for a period of five years or for a lesser period as determined by
the Town Clerk for a disability which is temporary in nature. The
Clerk shall issue a five-year permit to all applicants who can establish
by medical certification that the disability is permanent in nature.
(5)
A vehicle bearing such special vehicle identification
permit, when parked, shall not be deemed in violation of any of the
provisions of the rules and regulations governing parking in the Town
of Clarkstown, except where such vehicle is parked in a bus stop,
a taxi stand, within 15 feet of a fire hydrant, a fire zone, fire
lane, firehouse, a driveway or a crosswalk or is double-parked.
(6)
Any person to whom a permit has not been issued and
who shall use a permit issued pursuant to this section for any purpose
other than parking a motor vehicle while transporting a person with
a disability shall be guilty of a violation within the meaning of
the Penal Law.
J.
Parking spaces for persons with disabilities.
[Amended 6-11-1985 by L.L. No. 5-1985;5-23-1995 by L.L. No.
8-1995]
(1)
Except as otherwise regulated by § 1203-c of the Vehicle and Traffic Law, in all shopping centers which have filed a written request with the Town of Clarkstown to regulate traffic in parking areas pursuant to § 1660-a of the Vehicle and Traffic Law, the Building Inspector of the Town of Clarkstown shall designate parking spaces to be provided for use solely by handicapped persons who have been issued parking permits pursuant to § 278-11I of the Code of the Town of Clarkstown or by motor vehicles registered in accordance with § 404-a of the Vehicle and Traffic Law.
(2)
These parking spaces shall be located in the general
parking area of the shopping center and shall be in close proximity
to an entrance of the stores in the shopping center.
(3)
The spaces shall be laid out in such a manner as to
comply with both the American Disabilities Act and the New York State
Code, General Building Construction.
(4)
The parking spaces designated pursuant to the provisions
of this section shall be clearly identified for use by persons with
disabilities, which designation shall include conspicuous and permanently
installed above-grade signs which display the international symbol
of access and uniform sign authorized for handicapped parking by the
Department of Transportation, Federal Highway Administration, and
which shall be positioned from the parking space surface at a height
of not less than five feet nor more than seven feet and may include
the use of blue painted lines or markings.
(5)
Parking spaces.
(6)
Except as otherwise provided by local law, any person
who parks a vehicle without a special municipal parking permit or
a motor vehicle not registered in accordance with the local or state
law and not being used for the transportation of a person with a disability
in a space identified for use by the disabled when there is visible
any one of the following markings: blue lines, the international symbol
of access, the uniform sign authorized for handicapped parking by
the Department of Transportation, Federal Highway Administration,
or any combination of the above, or by any clear marking pursuant
to the specifications of § 1203-c of the Vehicle and Traffic
Law of the State of New York shall be subject to a fine of not less
than $35 and not more than $100 for the first offense and not less
than $50 and not more than $200 for every offense thereafter.
K.
Parking for the disabled at private apartment and condominium complexes. Upon receipt of a written request pursuant to § 1660-a of the Vehicle and Traffic Law, the Town Board may, by resolution, designate specific reserved parking spaces for the use of disabled persons who have been issued parking permits pursuant to § 278-11I of this Code or by motor vehicles registered in accordance with § 404-a of the Vehicle and Traffic Law. The size of such spaces shall comply with both the American Disabilities Act and the New York State Code, General Building Construction.
[Amended 5-23-1995 by L.L. No. 8-1995]
L.
Parking in nondesignated areas. No person shall cause or permit a
motor vehicle to be parked or to stand, except in designated areas.
[Added 3-22-2016 by L.L.
No. 3-2016]
A.
Authority to impound vehicles.
(1)
When any vehicle is parked or abandoned on any highway
within this town during a snowstorm, flood, fire or other public emergency
which affects that portion of the public highway upon which said vehicle
is parked or abandoned, said vehicle may be removed by the Town Highway
Department.
(2)
When any vehicle is found unattended on any highway
within this town where said vehicle constitutes an obstruction to
traffic, said vehicle may be removed upon written authorization of
the Police Department.
(3)
When any vehicle is parked or abandoned on any highway
within this town where stopping, standing or parking is prohibited,
said vehicle may be removed upon written authorization of the Police
Department.
B.
Storage and charges. After removal of any vehicle
as provided in this section, such vehicle will be stored in a suitable
place at the expense of the owner. Such owner or person in charge
of the vehicle may redeem the same upon payment to the Town of Clarkstown
of the amount of all expenses actually and necessarily incurred in
effecting such removal, together with any charges for storage, such
storage charges not to exceed $25 per day or fraction thereof.
[Amended 10-9-1984 by L.L. No. 3-1984; 9-11-1991 by L.L. No.
6-1991]
C.
Notice of removal. The Chief of Police or the Superintendent
of Highways shall, without delay, report the removal and the disposition
of any vehicle removed as provided in this Article to the Supervisor,
who shall cause the Chief of Police to ascertain, to the extent possible,
the owner of the vehicle or person having the same in charge and to
notify him of the removal and disposition of such vehicle and of the
amount which will be required to redeem the same.
D.
Sale or conversion of abandoned vehicles.
[Amended 4-26-1979 by L.L. No. 3-1979]
(1)
Auction sale of abandoned vehicles. In the event that
vehicles are abandoned, as provided in § 1224 of the Vehicle
and Traffic Law of the State of New York, the Town of Clarkstown may
cause the same to be auctioned at a public auction after due notice
to the public, as provided by applicable statute, the proceeds of
which auction are to be applied to the general fund of the Town of
Clarkstown. The Town Clerk is hereby authorized to execute certificates
of transfer of title to the vehicles so auctioned.
(2)
Conversion of abandoned vehicles. In the event that
vehicles are abandoned, as provided in § 1224 of the Vehicle
and Traffic Law of the State of New York, the Town of Clarkstown may
convert in any calendar year 1% of its unclaimed abandoned vehicles
or two such vehicles, whichever is greater, to its own use.
[Amended 5-12-1976 by L.L. No. 5-1976]
A.
Regulation and control with respect to parking areas
and driveways of a hospital, office building or office building complex
or place of public assembly, or parking area of a shopping center,
or the parking areas and driveways of facilities owned or leased by
a not-for-profit corporation, or the parking areas, driveways and
private streets or roadways of a private apartment house complex,
private condominium complex or cooperative apartment complex, or the
parking areas, private streets, roadways or driveways of mobile home
parks or manufactured home parks, or the parking areas and driveways
of a fire station, or the parking areas, private streets, roadways
or driveways of an industrial park or industrial complex. The Town
Board of the Town of Clarkstown, pursuant to the authority granted
under § 1660-a of the Vehicle and Traffic Law of the State
of New York and § 130, Subdivision 15, of the Town Law of
the State of New York, does hereby authorize the Superintendent of
Highways of the Town of Clarkstown, subject to the approval by resolution
of the Town Board, to perform the following functions, in the discharge
of which the Superintendent of Highways may, as required, request
the assistance of the Clarkstown Police Department, which shall cooperate
and provide such necessary aid as may be indicated or required in
the circumstances:
[Amended 4-8-1980 by L.L. No. 1-1980; 9-11-1991 by L.L. No.
6-1991; 10-12-1993 by L.L. No. 3-1993; 5-13-2008 by L.L. No.
4-2008]
(1)
Order stop signs, flashing signals or yield signs
erected at entrance or exit locations to such area or designate any
intersection in such area as a stop intersection or as a yield intersection
and order like signs or signals at one or more entrances to such intersection.
(2)
Regulate traffic in any such area, including regulation
by means of traffic control signals.
(3)
Prohibit or regulate the turning of any vehicles or
specified types of vehicles at intersections or other designated locations
in such area.
(4)
Regulate the crossing of any roadway in such area
by pedestrians.
(5)
Designate any separate roadway in such area for one-way
traffic.
(6)
Prohibit, regulate, restrict or limit the stopping,
standing or parking of vehicles in specified areas of such area.
(7)
Designate safety zones in any such area.
B.
Illegally parked and abandoned vehicles.
[Amended 9-11-1991 by L.L. No. 6-1991; 5-13-2008 by L.L. No.
4-2008]
(1)
In addition to the foregoing, the Police Department
of the Town of Clarkstown is hereby authorized and directed to remove
and store or have removed and stored vehicles parked or abandoned
in such area during snowstorms, floods, fires or other public emergencies
or unattended vehicles in such area where:
(2)
The owner or operator of any motor vehicle parked
in violation of the foregoing provision shall be liable for any expenses
incurred by the Town in the removal of said motor vehicle, together
with any charges for storage of said motor vehicle; such storage charges
shall be established by the Chief of Police.
C.
Establishing and marking of fire zones. The Chief
Fire Safety Inspector of the Town of Clarkstown, in cooperation with
the Chief of Police and the Traffic Advisory Board, subject to approval
by resolution of the Town Board of the Town of Clarkstown, is hereby
authorized, pursuant to the authority granted under § 1660-a
of the Vehicle and Traffic Law of the State of New York and §
130, Subdivision 15, of the Town Law of the State of New York, to
determine and establish appropriate fire lanes and fire zones at parking
areas and driveways of a hospital, office building or office building
complex or place of public assembly, or parking area of a shopping
center, or the parking areas and driveways of facilities owned or
leased by a not-for-profit corporation, or the parking areas, driveways
and private streets or roadways of a private apartment house complex,
private condominium complex or cooperative apartment complex, or the
parking areas, private streets, roadways or driveways of mobile home
parks or manufactured home parks, or the parking areas and driveways
of a fire station, or the parking areas, private streets, roadways
or driveways of an industrial park or industrial complex. The owner
or the person in general charge of the operation and control of such
area, subsequent and pursuant to the resolution of the Town Board
approving the same, shall provide or cause to be erected or installed
adequate signs, markings and other devices to delineate said fire
lanes and fire zones on such premises and shall at all times maintain
such signs, markings and other devices delineating such fire lanes
and fire zones as directed by the Chief Fire Safety Inspector of the
Town of Clarkstown.
[Amended 4-8-1980 by L.L. No. 1-1980; 10-12-1993 by L.L. No.
3-1993; 12-31-1996 by L.L. No. 19-1996; 11-12-2002 by L.L. No.
13-2002; 5-13-2008 by L.L. No. 4-2008]
D.
Fire lanes shall not be less than 20 feet of unobstructed
width, shall be able to withstand live loads of fire apparatus and
shall have a minimum of 13 feet six inches of vertical clearance.
Fire lanes and fire zones shall be marked with signs that have the
words "NO STANDING - FIRE LANE (or ZONE)" and shall have the appropriate
yellow pavement markings installed in conformance with the New York
State Uniform Traffic Code requirements.
[Added 12-31-1996 by L.L. No. 19-1996; amended 11-12-2002 by L.L. No. 13-2002]
E.
Prohibitions. No motor vehicle shall park, stand or
remain unattended in a fire lane or fire zone. Fire lanes and fire
zones are to be maintained free of all obstructions at all times.
[Added 12-31-1996 by L.L. No. 19-1996]
A.
Any other provision notwithstanding, any police officer
of the Town of Clarkstown is hereby authorized and empowered to issue
or cause to be issued a summons, returnable in the Justice Court of
the Town of Clarkstown or any other court of competent jurisdiction,
for any motor vehicle in violation of the traffic and safety provisions
of this article, and, likewise, the Building Inspector hereby is authorized
and empowered to issue such summons for any violation involving the
operation, maintenance and control of any premises.
[Amended 4-9-2013 by L.L. No. 2-2013]
B.
Every person convicted of a traffic infraction for
a violation of any provision of this article shall, for a first conviction
thereof, be punished by a fine of not more than $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment;
for a second such conviction within 18 months thereafter, such person
shall be punished by a fine of not more than $1,000 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment;
upon a third or subsequent conviction within 18 months after the first
conviction, such person shall be punished by a fine of not more than
$2,500 or by imprisonment for not more than 15 days, or by both such
fine and imprisonment.
[Amended 9-11-1991 by L.L. No. 6-1991; 4-9-2013 by L.L. No.
2-2013]
C.
Any person committing an offense against any provision
of this article shall be guilty of a violation punishable by a fine
not exceeding $250 or by imprisonment for a term not exceeding 15
days, or by both such fine and imprisonment. The continuation of an
offense against the provisions of this article shall constitute, for
each day the offense is continued, a separate and distinct offense
hereunder.
[Amended 4-28-1976 by L.L. No. 3-1976]
D.
Notwithstanding any other provision of this article,
any violation hereof which constitutes a misdemeanor under the Vehicle
and Traffic Law shall be punished in the manner as provided by the
Vehicle and Traffic Law of the State of New York.
A.
Required obedience to traffic laws. It is unlawful
and, unless otherwise specified in the New York State Vehicle and
Traffic Law with respect to particular offenses, it is a violation
for any person to do any act forbidden or to fail to perform any act
required by the New York State Vehicle and Traffic Law and shall be
punishable by a fine of not less than $80.
B.
Obedience to required traffic control devices. Every
person shall obey the instructions of any official traffic control
device applicable to him placed in accordance with the provisions
of the New York State Vehicle and Traffic Law, unless otherwise directed
by a traffic or police officer, subject to the exceptions granted
the driver of an authorized emergency vehicle in the New York State
Vehicle and Traffic Law. Failure to comply with this section shall
constitute a violation and be punishable by a fine of not less than
$150.
