[Amended 3-22-2004 by L.L. No. 1-2004]
Pursuant to the provisions of § 1603(a)
of the Vehicle and Traffic Law, power is hereby delegated to the Chief
of Police to exercise, by official order, rule or regulation, the
following powers granted to the legislative body of the Village in
Article 39 of the Vehicle and Traffic Law, subject, however, to the
limitations imposed by §§ 1646 and 1684 of the Vehicle
and Traffic Law:
A. The power to prohibit, restrict or limit the stopping,
standing or parking of vehicles.
B. The power to license, regulate or prohibit processions,
assemblages or parades.
The Highway Department shall install and maintain
traffic control devices when and as required under the provisions
of this chapter to make effective the provisions of said chapter and
may install and maintain such additional traffic control devices as
it may deem necessary to regulate, warn or guide traffic under the
Vehicle and Traffic Law of the state, subject to the provisions of
§§ 1682 and 1684 of that law.
[Amended 7-31-1972; 10-1-1972; 3-22-2004 by L.L. No. 1-2004; 9-13-2004 by L.L. No. 2-2004]
Traffic-control signals shall be installed,
maintained and operated as follows: None designated at this time.
[Amended 2-8-2010 by L.L. No. 1-2010
A. When any
vehicle is parked or abandoned on any highway within the Village 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 or under the direction of
the Police Department.
B. When any
vehicle is found unattended on any highway within the Village where
said vehicle constitutes an obstruction to traffic, said vehicle may
be removed by or under the direction of the Police Department.
C. When any
vehicle is parked or abandoned on any highway within the Village where
stopping, standing or parking is prohibited, said vehicle may be removed
by or under the direction of the Police Department.
D. Any vehicle
which is owned by or registered to a person who is an habitual parking
violator or a parking fine delinquent, as defined in this chapter,
may be immobilized by or under the direction of the Police Department,
in such a manner as to prevent its operation, or may be impounded.
E. No vehicle
may be immobilized or impounded because the owner of the vehicle is
an habitual parking violator, unless the Village Clerk has provided
the registered owner or person entitled to possession of the vehicle
with a notice of outstanding parking violations, by regular first
class mail advising the owner of this section authorizing the immobilization
or impounding of vehicles based on three separate unpaid parking violation
citations and notifying the owner as to what actions the owner needs
to take to avoid having the owner's vehicle immobilized or impounded.
F. No vehicle
may be immobilized or impounded because the owner of the vehicle is
a parking fine delinquent, unless the Village Clerk has provided the
registered owner or person entitled to possession of the vehicle with
a notice of outstanding parking violations, by regular first class
mail advising the owner of this section authorizing the immobilization
or impounding of vehicles based upon one or more outstanding Village
parking violations which have been outstanding for 12 months or more
and notifying the owner as to what actions the owner needs to take
to avoid having the owners' vehicle immobilized or impounded.
G. No vehicle
shall be immobilized by any means other than the use of a device or
mechanism which will cause no damage to the vehicle unless the vehicle
is moved while the device or mechanism is in place.
H. It shall
be the duty of the police officer immobilizing a vehicle to place
on such vehicle, in a conspicuous manner, a notice sufficient to warn
any individual that the vehicle has been immobilized and that any
attempt to move the vehicle will result in damage to the vehicle.
[Amended 9-13-2004 by L.L. No. 2-2004; 2-8-2010 by L.L. No.
1-2010]
After removal or impounding of any vehicle as provided in §
212-5, the Police Department removing the vehicle may store the same in a suitable place at the expense of the owner of the vehicle.
[Amended 2-8-2010 by L.L. No. 1-2010]
The Police Department shall ascertain to the
extent possible the owner of the vehicle or person entitled to possession
and shall notify him/her of the removal and disposition of such vehicle
and of the amount which will be required to redeem the same.
[Amended 3-22-2004 by L.L. No. 1-2004; 2-8-2010 by L.L. No.
1-2010]
A. After removal, immobilization or impounding of any vehicle as provided in §§
212-5 through
212-7, the owner or person entitled to possession of the vehicle may redeem the same upon payment to the Village Clerk/Treasurer or the Police Department of the amount of expenses actually and necessarily incurred in effecting such removal, together with any charges for storage, together with all accrued fines, penalties and surcharges, and a wheel-lock-removal fee of $50.
B. If the
owner or person entitled to possession of an immobilized vehicle fails
to secure its release within 24 hours after the vehicle is immobilized,
the vehicle may be towed and impounded. Such vehicle shall not be
released until the owner or person entitled to possession has complied
with the requirements of this Code concerning all outstanding parking
violations and has paid all charges for removal and storage of such
vehicle together with all accrued fines, penalties and surcharges,
and a wheel-lock-removal fee of $50.
[Amended 3-22-2004 by L.L. No. 1-2004]
Except as otherwise provided in this chapter,
every person convicted of a traffic infraction for a violation of
any provision of this chapter which is not a violation of any provision
of the Vehicle and Traffic Law of the state shall, for a first conviction
thereof, be punished by a fine of not more than $100 or imprisonment
for not more than 15 days, or both; for a conviction of a second violation,
both of which were committed within a period of 18 months, such person
shall be punished by a fine of not more than $200 or imprisonment
for not more than 45 days, or both; upon a conviction of a third or
subsequent violation, all of which were committed within a period
of 18 months, such person shall be punished by a fine of not more
than $300 or by imprisonment for not more than 90 days, or both.