[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:
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.
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.
