[HISTORY: Adopted by the Board of Trustees of the Village of Atlantic
Beach 6-13-1973. Amendments noted where applicable.]
As used in this chapter, the following words and phrases shall have
the following meanings:
Any individual firm, association, partnership or corporation.
Any street, open to the public for its full width from property line,
to property line, including sidewalk area, whether or not installed.
All real property, lots, fields, areas, buildings, improved or unimproved,
owned, rented or leased by any municipal corporation, corporation, person,
partnership, firm, association or otherwise.
Automobiles, omnibuses, trucks, taxicabs, motorcycles, motorbicycles,
bicycles, trailers, campers, tractors, mobile homes and any other vehicle
of a similar type.
It shall be unlawful for any person to store, or park more than five
vehicles on private property, unless he shall first have obtained, and shall
have in force, a parking variance from the Town of Hempstead and a parking
license from the Village of Atlantic Beach, as authorized by the Village Board
of Trustees.
A.
Before a parking license shall be issued, such owner
of private property shall file in the office of the Village Clerk, addressed
to the Board of Trustees of the village, a written application for a parking
license. Such application shall contain the full name and residence of each
person having an interest in the land. Said application shall be in duplicate
and sworn before a notary public, and shall be accompanied by plans and diagrams
of the lot and accessory building showing the exact number of vehicles to
be parked or stored, and the maximum number of vehicles to be parked and the
accessory facility with which the parking facility shall be used. The Village
Board shall have the right to limit the area occupied by the parking lot and
limit the number of cars permitted to be parked.
B.
No parking lot license shall be issued or granted to
any owner of unimproved real property unless such owner is the owner and operator
of an accessory use such as a beach club, cabana club, hotel, apartment house,
condominium or restaurant, and provided that all requirements of the Building
Codes of the Village of Atlantic Beach and the Town of Hempstead are met.
The fees for a parking license shall be as set forth from time to time
by resolution of the Board of Trustees.[2] The license fee shall be for one year, and may be renewed only
upon written authorization by the Village Board of Trustees.
Any license issued hereunder may be suspended or revoked by order of
the Board of Trustees, if the holder or any of his employees shall have violated
any provision of this chapter, or any rule or regulation, or if the issuance
of the license has been based on false statement or misrepresentation as to
a material fact in the license application by the owner or agent of such property.
The following regulations for the purpose of preserving and caring for
the safety, health, comfort and general welfare of the inhabitants of the
village or visitors shall be observed by all licensees and their employees.[1]
A.
Every licensee shall post in a conspicuous place the
maximum capacity of vehicles that can be parked on the improved or real property.
B.
No beach club, cabana club, hotel, apartment house, condominium
or restaurant shall park or store a vehicle of a patron, member or tenant
except on real property owned by such beach club, cabana club, hotel, apartment
house, condominium or restaurant, and before permitting or allowing such parking
or storing on the real property, such beach club, cabana club, hotel, apartment
house, condominium shall first obtain a written license from the Board of
Trustees of the Village of Atlantic Beach.
C.
No owner or lessee of real property who is not the owner
of a beach club, cabana club, hotel, condominium or restaurant shall permit,
suffer or allow parking or storing of a vehicle on the real property by a
patron, member or tenant of such beach club, cabana club, hotel, condominium
or restaurant.
D.
The licensee shall not erect or construct any structure,
lights or illumination, permanent or temporary, on the improved or unimproved
real property, without first obtaining the written approval of the Village
Board of Trustees.
E.
The licensee or his employees shall not permit, suffer
or allow any vehicle to be parked on unimproved real property between the
hours of 10:00 p.m. and 8:00 a.m.
Each parking area, duly licensed, must conform to the requirements of
the Building Code of the Village of Atlantic Beach and the Building Code of
the Town of Hempstead as related to fences, curb cuts, sidewalks, curbing,
surfacing, drainage, hedges and other plantings.
The licensee and his employees shall maintain the unimproved or improved
real property in a clean manner, and in accordance with the terms and conditions
of the license and Building Code of the Village of Atlantic Beach as it shall
determine.
The licensee shall, during the hours that the unimproved or improved
real property is in use as a parking area, employ an attendant during the
hours of 10:00 p.m. and 8:00 a.m. for the purpose of supervision and control
of the parking area.
Interior concrete curbing or concrete stops shall be provided around
the periphery of the parking area of such sound construction and installation
so as to safeguard pedestrians outside of the parking area and no portion
of the vehicles may extend beyond the property line or fence line of the lot
so as to impede or endanger pedestrian traffic.
Any person who shall violate any of the provisions of this chapter or
fail to comply herewith shall be punished by and subject to a fine of not
more than $500 or by imprisonment for not more than 15 days or by both fine
and imprisonment, for such violation. Each day's continued violation
shall constitute a separate additional violation and offense.
