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:
A. 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.
B. 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.
C. 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.
D. 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.
E. That said parking creates hazards to motor vehicle operators
and, further, endangers the health, safety and welfare of motor vehicle operators.
F. 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.
G. That the parked trains hereby create an attractive public
nuisance and endanger the health, safety and welfare of residents of the town.
H. That it is the intent of the town to mitigate the dangers
caused by the train parking through adoption of this chapter.