[HISTORY: Adopted by the Council of the City of Rye 4-18-1956 as
Art. 6-A at Ch. 3 of the General Ordinances. Amendments noted where applicable.]
Wherever used in this chapter, the following terms shall have the meanings
indicated:
- PARKING LOT
- Any outdoor space or uncovered plot of ground which has the capacity to hold three or more motor vehicles and is used to accommodate, store or keep any motor vehicle for the payment of a fee.
- PERSON
- Natural persons, corporations, partnerships, associations, joint-stock companies and societies.
A.
It shall be unlawful for any persons to maintain, operate
or conduct a parking lot in the City of Rye without first obtaining a license
therefor, issued by the City Clerk after approval therefor has been given
by the Planning Commission of the City of Rye pursuant to the provisions of
the Zoning Ordinance.[1]
B.
A license to maintain, operate or conduct a parking lot shall be granted to a person of good character, in accordance with the provisions of this chapter, upon approval by the Planning Commission as provided in Subsection A.
C.
In case an applicant is a copartnership or a corporation,
all members of the copartnership and all officers of a corporation are required
to be persons of good character.
Applications for licenses to maintain, conduct or operate a parking lot shall be made to the City Clerk upon blanks furnished by him and shall set forth the name under which and the place where the parking lot is to be operated; whether the applicant is an individual, partnership or corporation; if an individual, the name and business and residence addresses of the individual; if a partnership, the name and business and residence addresses of each partner; if a corporation, the name, date and state under which such corporation was organized, and the names and business and residence addresses of the officers, managers in charge and directors thereof; whether the applicant, if an individual, or, if a partnership, each partner, or, if a corporation, each officer thereof, has ever been convicted of a felony or a misdemeanor; whether the premises are owned or leased by the applicant, and if leased, the name and address of the owner thereof; the number of motor vehicles which may be parked on the premises and the schedule of rates setting forth the parking charge the applicant will actually make for various days of the week and holidays, together with a statement that he agrees that he will not charge in excess of the rates set forth in the schedule, and that upon proof of making charges in excess of those shown in the schedule of rates, his license may be revoked under the terms of § 138-13 hereof; provided, however, that after a license has been granted and a schedule of rates filed, the licensee may not lawfully change or alter such rates without the consent of the City Council. In such cases where a change of rates is allowed, a new schedule of rates shall be filed with the City Clerk.
An application for a license may be denied on the grounds that an applicant,
or his partner in a copartnership, or an officer in a corporation, is unacceptable
after such applicant has been given a hearing before the Common Council.
[Amended 5-15-1956]
The fee for every license or for a renewal thereof shall be $1 per car
of the maximum capacity of the parking lot; provided, however, that in the
case of parking lots operated on a seasonal basis, said fee shall be $0.25
per car for each three-month operating period or fraction thereof.
Each application shall be signed and verified under oath by the applicant,
if an individual, or by a duly authorized agent, if a partnership or corporation.
Each application shall be accompanied by a bond in such form as may
be required by the Corporation Counsel, executed by a bonding or surety company
authorized to do business in the State of New York, in the penal sum of $5,000,
conditioned upon the payment by the licensee of any and all final judgments
for damages resulting to persons or property, including the theft of any motor
vehicle or any part or accessory thereof, arising out of the operation or
maintenance of the parking lot. Such bond shall run to the City of Rye for
the benefit of any person who may receive injuries and for the benefit of
any person, partnership, association or corporation who may claim redress
for the property damaged or theft resulting from the operation or maintenance
of such parking lot. Such bond shall remain in full force and effect for the
full period of time for which the license is effective. In lieu of such bond,
the application may be accompanied by a certificate of insurance in a like
amount which, to the satisfaction of the Corporation Counsel, shall be adequate
to satisfy any judgments for the aforementioned injuries, losses or damages.
Each licensee shall maintain at each entrance to such parking lot a
permanently affixed sign suitable to apprise persons using such parking lot
of the name of the licensee, the hours of the day and/or night during which
such places are open to storing motor vehicles, the rates charged and the
closing hour of such parking lot. The figures for the rate or rates charged
for parking shall measure not less than six inches in height and the letters
and figures indicating the closing hours shall be not less than six inches
in height. All such signs shall be subject to the approval of the Building
Inspector.
A.
No motor vehicle shall be accepted by a licensee for
parking or storage in excess of the capacity of the parking lot as shown in
the license. Whenever the maximum capacity of the parking lot has been reached,
the licensee shall post at the public entrance thereof a sign composed of
letters at least six inches in height, stating that such maximum capacity
has been reached.
B.
Vehicles shall be stored or parked on the licensed premises
in such a manner as to safeguard persons and property and permit adequate
inspection of the premises.
C.
A minimum area of 8 1/2 feet in width and 20 feet in
length shall be allotted for each parked car. Driveways between rows of parked
cars shall be of a width approved by the City Engineer.
D.
The licensee shall not permit vehicles to be so parked
in the parking lot as to create a fire or other hazard.
E.
Parking lots shall be equipped with proper fire extinguishing
apparatus subject to the approval of the Fire Department of the City of Rye.
A.
At the time of accepting a motor vehicle for parking
in a parking lot, the person conducting the same, his agent or employee shall
furnish to such person parking his motor vehicle a distinctive check which
shall be numbered to correspond to a coupon placed upon such motor vehicle,
which check shall show the location of the lot, the name and address of the
licensee operating such parking lot and upon which shall be written or stamped
the date and the license number of the motor vehicle.
B.
The above provision shall not apply where cars are stored
on a monthly or weekly fee basis.
C.
It shall be unlawful to affix any parking tags on any
motor vehicles so as to obliterate in whole or in part any portion of the
motor vehicle license plates on such vehicles.
A.
Each licensee shall immediately notify the Chief of Police
of any loss, theft or conversion occurring upon his premises.
B.
The obligations herein created of any person operating
or conducting a parking lot under the terms of this chapter to the owner of
a motor vehicle parked therein shall not extend beyond the regular posted
hours of attendance as posted upon such parking lot and printed upon the regular
receipt furnished to such motor vehicle owner.
No contract, agreement, lease, receipt, rule or regulation shall exempt
any person operating a parking lot from damage or loss caused by the negligence
of such person or any employee of such person.
The City Council may revoke any license, after a hearing before the
City Council, if at any time:
A.
The licensee has made any false or materially incorrect
statement in the application.
B.
The licensee violates or permits or countenances the
violation of any provision of this chapter.
C.
The licensee violates or permits or countenances the
violation of any provision of any penal law or ordinance regarding theft,
larceny or conversion of a motor vehicle or the operation of a motor vehicle
without the owner's consent, whether or not such licensee or other person
is convicted of such offense.
Each person employed in the operation of a parking lot must be licensed
as such. Each applicant for a parking lot employee's license shall be 18 years
of age or over and of good character and must fill out a form to be provided
by the Police Department, giving his full name, residence, place of residence
for five years previous to moving to his present address, age, color, height,
color of eyes and hair, place of birth, length of residence in the City of
Rye, whether married or single and whether he has ever been convicted of a
felony or a misdemeanor. The Police Department is hereby authorized and empowered
to establish such additional rules and regulations governing the issuance
of employees' licenses, not inconsistent herewith, as may be reasonably necessary.
Upon satisfactory fulfillment of the foregoing requirements, there shall be
issued by the City Clerk to the applicant a license for not more than one
calendar year and expiring on the 31st of December next succeeding. No licensee
shall employ any unlicensed person to work in a parking lot. A fee of $1 shall
be charged for such license, and there shall be delivered to each employee
an identification of such form and style as the Police Department may prescribe,
with his license number thereon, which must be constantly and conspicuously
displayed on the outside of the employee's clothing when he is engaged in
his employment.
Persons operating parking lots shall keep the same enclosed with an
approved barrier so that motor vehicles may not be removed from such lots
except at the regular established entrances and exits.
Unless otherwise permitted by the Police Department, each parking lot
shall have not more than two entrances and two exits, which may or may not
be combined, and the licensee shall keep such entrances and exits properly
attended at all times during the period the parking lot is in operation.
Each licensee shall keep the sidewalk surrounding the parking lot free
from dirt, ice, sleet and snow and shall keep the sidewalks in safe condition
for the travel of pedestrians. The parking lot shall also be free from papers
and debris and shall be maintained in a safe condition for the patrons.
The licensee shall not require patrons to subscribe to or to pay for
any additional service, amusement, recreation or other purpose in order to
be admitted to the licensed premises.
No license issued under the provisions of this chapter shall be transferred
to or assigned to any person or be used by any person other than the licensee
to whom it was issued, nor shall such license be used at any location other
than the location stated in such license.
The premises of licensed parking lots must be adequately attended and
supervised at all times during operation.
All licensed parking lots which are operated during any portion of the
period between one hour after sunset to one hour before sunrise shall be adequately
lighted so as to meet the approval of the Building Inspector.
AU licensed parking lots shall be graded unless special permission is
granted after special application to the Building Inspector. Such permission
may be granted by the Building Inspector if in his judgment the granting thereof
will not be inconsistent with the purposes of this chapter and will not be
detrimental to the public welfare and safety.
It shall be unlawful to make any use for any purpose whatsoever of any
motor vehicle parked in any parking lot unless such use shall first be expressly
authorized by the owner or person having control of such vehicle.
It shall be unlawful for the licensee to permit or allow any parked
automobile to remain on any licensed parking lot after the posted closing
hour of said lot with the ignition keys in said car. It shall be the duty
of the licensee, after the closing hour of any parking lot, to cause to be
removed from the parked automobile the ignition keys, lock the car doors and
make the keys available to the owner and inform him where they may be obtained
on furnishing proper identification to the custodian of said keys. A sign
shall be posted stating where the keys may be obtained after the closing hour,
and a card identifying the location of the custodian of such keys shall be
securely affixed to the cars remaining parked on the lot after the closing
hour thereof.
It shall be the duty of the licensee to report to the Chief of Police
the make and license number of any car that shall have remained more than
48 hours on any parking lot of said licensee without having been reclaimed.
Such report shall be made within three hours after the expiration of the forty-eight-hour
period; provided, however, that such report shall not be required in the case
of cars stored on a weekly or monthly basis or in the case of parking lots
operated in connection with or as an adjunct of any hotel, motor court, tourist
house or transient rooming house unless the circumstances reasonably indicate
that the car has been abandoned.
The licensee shall not shout, blow a horn, ring a bell or use any other
noisy device to attract patronage.
Every license issued pursuant to this chapter shall be subject to suspension
or revocation upon the failure of such licensee to pay or satisfy any judgment
secured against him by anyone who stored or parked a motor vehicle in the
parking lot licensed hereunder, provided that the licensee is adjudged liable
for acts of commission or omission with regard to the business maintained,
operated or conducted by him pursuant to the license issued hereunder.
The City Council may promulgate such rules and regulations as may be
necessary to carry out the provisions of this chapter.
Any person who shall violate or fail to comply with any provision of
this chapter or any rules or regulations promulgated thereunder shall, upon
conviction thereof, be punished by a fine of not more than $100 for each offense
or by imprisonment for not more than 30 days, or by both such fine and imprisonment.
This chapter shall not apply to parking lots owned and/or operated by
the City of Rye, New York, or to those parking lots within the control of
the Westchester County Park Commission or the Rye Town Park Commission.
