The purpose of this chapter is to protect the public health,
welfare and safety by prohibiting and/or regulating the parking and/or
operating of vehicles within the Town of Clifton Park.
The following words when used in this chapter shall, for the
purpose of this chapter, have the meanings respectively ascribed to
them in this section:
PARKING
When parking is prohibited by this chapter, no person shall
park a vehicle, whether occupied or not, but may stop or stand temporarily
for the purpose of and while actually engaged in loading or unloading
merchandise or passengers or in the event of an emergency.
PERSON
Every natural person, firm, partnership, association or corporation.
STOP or STOPPING
Halting, even momentarily, of any vehicle, whether occupied
or not, except when necessary to avoid conflict with other traffic,
to comply with the directions of a police officer or traffic control
sign or signs or in the event of an emergency.
TRAFFIC AND PARKING VIOLATIONS AGENCY
The Traffic and Parking Violations Agency will consist of
the Town Attorney and Assistant Town Attorneys, as well as other employees
and individuals as may be appointed by the Town Board, and shall have
the authority to adjudicate all parking tickets issued pursuant to
this chapter.
VEHICLE
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway, except devices moved
by human power or devices used exclusively upon stationary rails or
tracks.
Pursuant to Vehicle and Traffic Law § 1660-a, Subdivision
10, and upon the written request of any of those individuals set forth
in § 1660-a of the Vehicle and Traffic Law, the Town Board
of the Town of Clifton Park does hereby:
A. Add the position of Security Officer and continue the position of
Parking Enforcement Officer and Code Enforcement Officer (hereinafter
"officer"), whose duties shall include enforcement of this chapter.
This chapter may also be enforced by any other local law enforcement
agency.
B. Authorize the officer to designate, in accordance with the New York
State Uniform Fire Prevention and Building Code, certain parking spaces
as places for parking for handicapped persons to whom a permit has
been issued pursuant to Vehicle and Traffic Law § 1203-a
and for severely disabled persons to whom a special registration has
been issued pursuant to Vehicles and Traffic Law § 404-a.
The powers and duties of the TPVA shall be as follows:
A. To establish a schedule of penalties which may be listed on the parking
ticket.
B. To assess penalties; accept pleas; provide a mechanism for the efficient
administration of this chapter.
C. To accept penalties and issue receipts to those who plead guilty
or are found guilty.
D. To resolve the claims of those who either plead guilty with an explanation
or not guilty and mitigate the prescribed penalty, in whole or in
part, or refuse to mitigate the same.
E. To keep a record of all violations issued, penalties assessed and
collected of which each person has pled or been found guilty during
the preceding 36 months.
F. Where an answer has not been made to a parking ticket within 20 days after the ticket was issued, to enter and file a default judgment of a penalty not to exceed the maximum penalty allowed by §
194-6 as determined by a judicial hearing officer pursuant to the provisions of § 1806-a(4) of the Vehicle and Traffic Law.
G. To perform such other or additional duties and keep such other and
additional records as shall be prescribed by the Town Board of the
Town of Clifton Park.
H. To provide that a person who has received a parking ticket may answer
and enter an appearance though a web-based application, by mail or
email, or in person at the TPVA.
I. The Agency is authorized to promulgate a schedule for penalties which
increases penalties for each offense not answered within the first
20 days after the date of violation.
J. The Agency is authorized to promulgate rules, regulations and procedures
consistent with and in furtherance of the purposes of this chapter
to provide an effective forum and process for the disposition of traffic
and parking violations within the Town.
A person who has received a parking ticket pursuant to this
chapter may answer by appearing in person at the TPVA, by mail, e-mail
or on a web-based application and plead:
A. Not guilty, whereupon the case will be transferred to the Clifton
Park Town Court for a trial.
B. Not guilty with an explanation. The TPVA shall determine whether
such explanation and/or documentation warrants the dismissal of the
ticket and notice of said determination shall be sent to such person.
If the TPVA determines that the ticket should not be dismissed, the
case will be transferred to the Clifton Park Town Court for a trial.
C. Guilty and pay the penalty listed on the parking ticket.
D. Guilty with an explanation. The TPVA shall determine whether such
explanation and/or documentation warrants a mitigation of the penalty,
in whole or in part, or refuse to mitigate the same and notice of
said decision shall be sent to such person.
E. The TPVA shall retain authority to negotiate plea agreements and compromise cases transferred to Clifton Park Town Court pursuant to §
194-10 up to the time of trial.
Prior to the entry of a default judgment pursuant to Subsection
F of §
194-8, a person who is not able to reach an agreement with the TPVA on the disposition of a parking ticket may request that the matter be transferred to the Clifton Park Town Court which shall conduct a trial.
Any person appearing before the TPVA may be represented by an
attorney at his or her expense.
If any section, provision or part thereof in this chapter shall
be adjudged invalid or unconstitutional by a court of competent jurisdiction,
such adjudication shall not affect the validity of the chapter as
a whole or any section, provision or part thereof not so adjudged
invalid or unconstitutional.
This chapter shall be effective April 15, 2019, and shall also
apply to all traffic tickets currently pending in the Clifton Park
Town Court which are hereby transferred to the TVPA and which shall
be handled in accordance with the provisions of this chapter.