[HISTORY: Adopted by the Board of Trustees of the Village of Westhampton
Beach 6-8-1990 by L.L. No. 13-1990. Amendments noted where applicable.]
GENERAL REFERENCES
Abandoned vehicles — See Ch. 175.
Vehicles and traffic — See Ch. 178.
Vehicles for sale — See Ch. 181.
[1]
Editor's Note: Former Ch. 119, Parking on Private Property, adopted
6-12-1981 by L.L. No. 12-1981, was repealed 2-10-1989 by L.L. 2-1989.
The Board of Trustees finds that the parking of vehicles on private
property without the owner's permission is creating extreme problems with
the preservation of property of the Village and its inhabitants. The Board
of Trustees also finds that the removal of illegally parked vehicles on private
property is necessary from time to time during the year and in substantial
volume during the summer season. Illegally parked vehicles on private property
increase the risk of pedestrian and vehicular accidents, diminish the ability
of emergency vehicles to reach their destination and constitute a hazard to
persons and property within the Village of Westhampton Beach.
As used in this chapter, the following terms shall have the meanings
indicated:
Any motor vehicle as defined by § 125 of the Vehicle and
Traffic Law.
The parking of any vehicles on private property within the incorporated
limits of the Village of Westhampton Beach, without the property owner's specific
permission in writing, is hereby prohibited.
A.
Parking is prohibited in the traveled portion of a private
road where a resolution of the Village Board has been filed with the Village
Clerk pursuant to the provisions of this chapter.
B.
Such resolution shall state that the Village Board has
found and determined that:
(1)
A written petition signed by the owners of at least 80%
of the assessed value fronting on such private road has been filed with the
Village Clerk requesting that the Village Board order no parking in the traveled
portion of such private road. Such petition shall state that the signatures
thereto waive any claim of trespass against the Village of Westhampton Beach
or its employees resulting from the enforcement of its no-parking provisions.
(2)
A public hearing, upon notice by posting and publishing
in the official town newspaper 10 days in advance, has been held.
(3)
The width and contour of such private road is such that
the parking of vehicles impedes access to residents along the road by emergency
and safety vehicles.
Based upon the above-mentioned finding, the Village Board may designate
a portion or all of such private road as a no-parking zone by resolution.
Such resolution shall become effective upon publication in the official Village
newspaper.
Whenever a private road or a portion thereof has been designated as
a no parking zone, the Highway Superintendent shall post no-parking signs
along such road.
Any vehicle which is parked on private property or upon the designated
no-parking private roads shall be towed away at the direction of the Village
Police and held in custody by the Village Police until claimed by the owner.
The owner of the vehicle shall be obligated to pay all costs
incurred with respect to said towing prior to the vehicle being released to
the owner.
