For the purposes of this article, the following
terms shall have the meanings indicated:
Every individual who shall operate a vehicle as the owner
thereof, or as the agent, employee or permittee of the owner, or who
is in actual physical control of a vehicle.
Any mechanical device or meter not inconsistent with this
article placed or erected for the regulation of parking by authority
of this article.
Any space within a parking meter zone, adjacent to a parking
meter and which is duly designated for the parking of a single vehicle
by lines painted or otherwise durably marked on the curb or on the
surface of the street adjacent to or adjoining the parking meter.
Any and all streets set aside for the installation of parking
meters, and upon which parking meters have been installed and are
in operation.
The permit granted by the Village Clerk to bona fide residents
of the Village of East Rockaway or to those who are employed by a
business within the Village of East Rockaway to park their vehicles
in an area restricted under this chapter.
The standing of a vehicle, whether occupied or not, upon
a street, except by reason of causes beyond the control of the operator
of the vehicle.
Any public street, avenue, road, alley, highway, lane, court
or other public way in the Village established for the use of vehicles.
"Street" shall also include any municipally operated parking field
within the Village.
Any device in, upon or by which any person or property is
or may be transported or drawn upon a highway, except a device which
is moved by human power or used exclusively upon stationary rails
or tracks.
A.Â
The Superintendent of Public Works of the Village
of East Rockaway is hereby directed and authorized to mark off individual
parking spaces as designated by the Board of Trustees.
B.Â
The Board of Trustees of the Village may, from time
to time, designate as parking meter zones or change such areas, streets
or portions of streets situate, lying and being within the Village,
as may be required.
A.Â
In designated parking meter zones, the Superintendent of Public Works of the Village of East Rockaway shall cause parking meters to be installed upon the curb or sidewalk immediately adjacent to the parking spaces as provided in § 275-35 of this article, said installation to be placed not more than two feet from the curb nor more than four feet from the front line of the parking space as indicated, and the Superintendent of Public Works shall be responsible for the regulation, control, operation, maintenance and use of such parking meters.
B.Â
Each parking meter shall be so set as to display a
signal showing legal parking upon the deposit of the appropriate coin
or coins, lawful money of the United States of America for the period
of time prescribed therefor.
C.Â
Each meter shall be so arranged that, upon the expiration
of the lawful time limit, it will indicate by a proper visible signal
that the lawful parking period has expired, and in such cases, the
right of such vehicle to occupy such space shall cease, and the operator,
owner or manager of said vehicle shall thereupon be subject to the
penalties herein provided. Each parking meter, when installed, shall
indicate by proper legend the legal parking time as established by
the Village and, when operated, shall at all times indicate the balance
of legal parking time and, at the expiration of such period, shall
indicate illegal or overtime parking.
Except in a period of emergency determined by
an officer of the East Rockaway Fire Department or an officer of the
Nassau County Police Department, or an officer of the East Rockaway
auxiliary police unit, or in compliance with the directions of a police
officer or traffic control sign or signal, when any vehicle shall
be parked in any parking space alongside or next to which a parking
meter is located, the operator of such vehicle shall, upon entering
said parking meter space, immediately deposit or cause to be deposited
in said meter such proper coin of the United States as is required
for such parking meter and as is designated by proper directions on
the meter; and when required by the directions on the meter, the operator
of such vehicle, after the deposit of the proper coin or coins, shall
also set in operation the timing mechanism on such meter in accordance
with directions properly appearing thereon, and failure to deposit
such proper coin and to set the timing mechanism in operation when
so required shall constitute a violation of this article. Upon the
deposit of such coin (and the setting of the timing mechanism in operation
when so required), the parking space may be lawfully occupied by such
vehicle during the period of time which has been prescribed for the
part of the street or parking field in which said parking space is
located, provided that any person placing a vehicle in a parking meter
space adjacent to a meter which indicates that unused time has been
left in the meter by the previous occupant of the space shall not
be required to deposit a coin as long as his occupancy of said space
does not exceed the indicated unused parking time. If said vehicle
shall remain parked in any such parking space, beyond the parking
time limit set for such parking space, and if the meter shall indicate
such illegal parking, then, and in that event, such vehicle shall
be considered as parking overtime and beyond the period of legal parking
time, and such parking shall be deemed a violation of this article.
[Amended 9-11-1989 by L.L. No. 4-1989; 1-8-1990 by L.L. No. 3-1990; 4-11-2011 by L.L. No. 4-2011]
A.Â
Fees. The
fees for parking meters to be charged and required under the provisions
of this chapter shall be determined from time to time by resolution
of the Board of Trustees. Said fees shall apply to the maximum time
on the meter dial.
B.Â
Parking
meters shall be in operation in said parking meter zones and in parking
fields every day, 24 hours each day, except Sundays and holidays;
provided, however, that within the meaning of this chapter, from September
15 through May 15, the term "holiday" shall include the following
days: New Year’s Day, Martin Luther King Day, President’s
Day, Columbus Day, Veterans Day, Thanksgiving Day and Christmas Day.
It shall be unlawful and a violation of the
provisions of this article for any person to:
A.Â
Cause, allow, permit or suffer any vehicle registered
in the name of or operated by such person to be parked overtime, or
beyond the period of legal parking time established for any parking
meter zone as herein described, or to deposit in any parking meter
any coin for the purpose of parking beyond the maximum legal parking
time for the particular parking meter zone.
B.Â
Permit any vehicle to remain or be placed in any parking
space adjacent to any parking meter while said meter is displaying
a signal indicating that the vehicle occupying such parking space
has already been parked beyond the period prescribed for such parking
space.
C.Â
Park any vehicle across any line or marking of a parking
meter space or in such position that the vehicle shall not be entirely
within the area designated by such lines or markings.
D.Â
Deface, injure, tamper with, open or willfully break,
destroy or impair the usefulness of any parking meter installed under
the provisions of this chapter.
E.Â
Deposit or cause to be deposited in any parking meter
any slugs, device or metal substance, foreign coin, or other substitute
for lawful coins.
The provisions of this article shall be enforced
by the Nassau County Police Department and any individuals designated
by the Board of Trustees of the Village of East Rockaway as parking
enforcement officers.
The Board of Trustees of the Village of East
Rockaway shall designate by resolution some person or persons or employee
or employees of the Village of East Rockaway to make regular collection
of the money deposited in said meters, and it shall be the duty of
such persons so designated to remove from the parking meters the sealed
containers therein containing the coins so deposited in said meters
and to deliver such sealed containers with the seals unbroken to the
Village Treasurer or the Deputy Village Treasurer to count the funds
contained therein and deposit such funds in the general funds of the
Village of East Rockaway. Such resolution designating such person
or persons or employee of the Village of East Rockaway to make such
collections shall also provide that, before undertaking the duties
of making such collections, such person shall file with the Board
of Trustees of the Village of East Rockaway a fidelity bond in an
amount to be fixed by the Board of Trustees and approved as to form
by the Village Attorney, the premium on such bond to be a charge upon
the Village of East Rockaway.
[1]
Editor's Note: Former § 275-42, Penalties for offenses,
was repealed 2-7-2011 by L.L. No. 2-2011.
The coins deposited in parking meters are required
and shall be used to defray the cost of the purchase of parking fields
for the Village of East Rockaway, the improvement thereof, grading,
paving, hard surfacing, drainage thereof, the regulation and control
of the parking of vehicles in parking meter zones, the installation,
maintenance and cost of erection of lighting poles, lighting fixtures,
lights, floodlights, signs in parking fields of the Village of East
Rockaway, whether or not such fields are presently metered, and to
cover the cost of acquisition, purchase, maintenance and control and
use of parking meters.
Nothing in this article shall be construed as
prohibiting the Village of East Rockaway from providing for bus stops
and taxicab stands and similar matters, including the loading and
unloading of trucks, vans or commercial vehicles in said parking zones
or otherwise in said Village.
