[Adopted 8-8-1974 as Ch. 63, Art. II, of the 1974 Code; amended 1-12-1989 by L.L. No. 3-1989]
This article shall be known and may be cited as a "Local Law Amending Article II of the Town of East Fishkill Code to Prohibit Parking, Stopping or Standing of Motor Vehicles on Private Lands."
A. 
Words used herein shall have the same meanings as defined in the Vehicle and Traffic Law of the State of New York and the Zoning Ordinance of the Town of East Fishkill.[1]
[1]
Editor's Note: See Ch. 194, Zoning.
B. 
"Owner" is a person in general charge of the operation and control of a parking area.
C. 
Fire lanes are areas designated as "No Parking" or "No Standing" pursuant to this Article II of the East Fishkill Code to provide access to buildings for fire and emergency vehicles.
It is hereby declared and found that it is vital to the public welfare of the inhabitants and visitors of the town that roadways and parking areas in shopping plazas and other areas of concentrated public use be maintained in such a manner that all such areas shall have access for emergency and fire vehicles into said areas, and that in controlling said private roadways and areas it will contribute to the protection and preservation of the property of the town and its inhabitants' benefit and generally secure the general welfare of the public, and that the adoption of this article is within the public interest.
The Town Board may designate a fire lane by local law:
A. 
Upon written request of the owner of a parking area or private streets of a shopping center, multifamily complex, fire station or industrial complex or other private lands; or
B. 
Upon request of the Fire Chief of the Fire Department serving such area.
A. 
Fire lanes shall be designated with appropriate signs or markings, as directed by the Town Board.
B. 
The town shall supply and maintain the designations and markings and the charge shall be a town charge, provided:
(1) 
The need for such maintenance is not caused by an act of the owner or his agents.
(2) 
Any owner who removes a sign or alters road markings due to reconstruction of parking areas shall be required to replace such signs and markings at his own expense.
A. 
Parking, standing or stopping of vehicles within the area designated as fire lane is prohibited except for vehicles delivering merchandise, provided such vehicles are not left unattended.
B. 
The following areas are hereby designated as fire lanes.[1]
[Amended 9-21-1989 by L.L. No. 10-1989]
[1]
Editor's Note: The Table of Fire Lane Designations is included as an attachment to this chapter.
A. 
The Town Police Department is authorized, in areas designated by this article and properly posted, to seize, remove and store any motor vehicle which is parked or abandoned in said areas during a snowstorm, flood, fire or other public emergency. It shall be the duty of the Police Department to ascertain the owner or the person in charge of such vehicle and to advise him of the seizure and disposition of the vehicle.
B. 
The owner or other person in charge of such vehicle may redeem the vehicle by paying the expenses actually and necessarily incurred, as set from time to time by the Town Board.
[Amended 6-14-2001 by L.L. No. 3-2001]
Any person committing an offense against any provision of this article relating to parking of a motor vehicle shall be guilty of a traffic infraction and shall, for the first conviction thereof, be punished by a fine of not more than $50 and for a second or subsequent offense within 18 months after the first conviction, such person shall be punished by a fine of not more than $100 or by imprisonment of not more than 15 days, or by both such fine and imprisonment.