[HISTORY: Adopted by the Town Board of the Town of Clifton Park 9-19-1988 by L.L. No. 19-1988. Amendments noted where applicable.]
Vehicles and traffic — See Ch. 194.
This chapter shall be known and may be cited as "Clifton Park Railway Safe Passage Regulations."
The Town Board of the Town of Clifton Park has the authority to adopt this chapter pursuant to §§ 10 and 11 of the Municipal Home Rule Law of the State of New York, the general police power of the town and pursuant to power derived from the New York State Constitution to protect the health, safety and welfare of the residents of the town.
This chapter shall apply to the jurisdiction of the Town of Clifton Park.
The Town Board of the Town of Clifton Park makes the following findings and conclusions:
That the railways running through the Town of Clifton Park and intersecting and bisecting the roadways of the town and county present a constant threat to the health, safety and welfare of citizens operating motor vehicles on, along and/or within said town and county roadways.
That the operations of motor vehicles on, along and/or within said town and/or county roadways is protected, to the extent possible, by railroad crossing markings and lights, said being immediately adjacent to town and/or county roadways and designed specifically for the health, safety and welfare of motor vehicle operations.
That trains positioned on the railways at or within certain distances of the intersections and bisections of town and/or county roadways trigger the operators of the rail-crossing devices.
That the Board herein finds that certain trains are being parked on the railways in a manner that activates the rail-crossing devices and, further, causes said devices to obstruct vehicular traffic on, over and within intersections and bisections.
That said parking creates hazards to motor vehicle operators and, further, endangers the health, safety and welfare of motor vehicle operators.
That, further, trains parked on railways for an inordinate period of time create a public nuisance through attracting, encouraging and/or inviting youth or others to enter, climb, follow or otherwise play in and about the parked trains.
That the parked trains hereby create an attractive public nuisance and endanger the health, safety and welfare of residents of the town.
That it is the intent of the town to mitigate the dangers caused by the train parking through adoption of this chapter.
Any person or business entity found to have violated any of the provisions of § 186-5 hereof shall be subject to a fine not to exceed $250 for the first offense and $500 for each offense thereafter, or, in either case, a term of imprisonment not to exceed 15 days, or to both such fine and imprisonment.
[Amended 5-2-2005 by L.L. No. 4-2005]