For the purpose of Part 1 of this chapter, the following terms shall have the meanings respectively ascribed to them in this section:
Every two- or three-wheeled device upon which a person or
persons may ride, propelled by human power through a belt, a chain
or gears, with such wheels in a tandem or tricycle, except that it
shall not include such a device having solid tires and intended for
use only on a sidewalk by preteenage children.
Any resident and/or nonresident who must utilize the Village
commuter parking fields for the purpose of parking their vehicles
so that they may commute to their place of business and/or school
at least four out of seven days per week.
[Added 11-4-1987 by L.L. No. 6-1987;
amended 2-2-1988 by L.L. No. 4-1988; 8-7-1990 by L.L. No. 9-1990]
Any land or area operated by the Village as a public parking
field for the parking of motor vehicles off the streets of the Village
and designated by the Village Board of Trustees as a metered municipal
parking field.
Every vehicle operated or driven upon a public highway which
is propelled by any power other than muscular power, except electrically
driven mobility assistance devices operated or driven by a person
with a disability; vehicles which run only upon rails or tracks; all-terrain
vehicles and snowmobiles as defined in the Vehicle and Traffic Law
of the State of New York.
[Amended 5-2-2006 by L.L. No. 1-2006]
Any individual who operates a motor vehicle as the owner
thereof or as the agent, employee or permittee of the owner.
The standing of a motor vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged
in loading or unloading merchandise or passengers.
The stopping of a motor vehicle, whether occupied or not,
otherwise than temporarily for the purpose of and while actually engaged
in receiving or discharging passengers.
When prohibited, means any halting, even momentarily, of
a motor vehicle, whether occupied or not, except when necessary to
avoid conflict with the directions of a police officer or a traffic
control sign or signal.
[Amended 5-2-2006 by L.L. No. 1-2006]
The entire width between the boundary lines of every way
publicly maintained when any part thereof is open to the use of the
public for purposes of vehicular travel, including Village-owned metered
municipal parking fields and commuter parking fields.
[Amended 3-7-1995 by L.L. No. 2-1995]
The Board of Trustees shall have the power to
change any signals or signs at any time to promote the safe regulation
of traffic and to make special regulations to safeguard traffic in
emergencies or during public celebrations or unusual events.[1]
[1]
Editor's Note: Local Law No. 12-1980, adopted
8-5-1980, expanded the jurisdiction of the Board of Trustees in the
following manner: "Pursuant to Section 1640-a of the New York State
Vehicle and Traffic Law, the Village is hereby authorized to regulate
parking and traffic restrictions on the private roadways of the condominium
complex located at 680 Front Street, Hempstead, New York."
A.
Authority.
[Amended 10-2-2007 by L.L. No. 8-2007]
(1)
Pursuant to the provisions of the Vehicle and Traffic
Law of the State of New York, the Police Department of the Village
is hereby authorized to remove and store any motor vehicle parked
or abandoned on a street within the Village during any snowstorm,
flood, fire or other public emergency. Any such motor vehicle so removed
shall be impounded and stored in a place within the Village designated
by the Police Department.
(2)
Police officers of the Village of Hempstead are also
hereby authorized to and shall impound any motor vehicle parked in
violation of an applicable parking law, regulation or duly posted
sign on which there are three or more delinquent parking summonses,
warrants for nonappearance or unpaid fines.
(3)
Any vehicle impounded pursuant to Subsection A(1) herein shall be promptly released to its owner by the Police Department upon the posting of a cash bond equal to the potential fines to the Village of Hempstead Court for outstanding summons and unpaid fines and penalties already imposed, together with any fees set forth in § 131-4B or, in the alternative, upon disposition of such summonses by a plea of guilty and payment in full of the appropriate fines and penalties and fees set forth in § 131-4.
(4)
If all of such summonses are dismissed or the defendant
is found not guilty of all such summons, said bond shall be returned
and any attendant fees shall be waived.
B.
Redemption charges. Before any motor vehicle so impounded is released, the owner or operator thereof shall pay to the Village the sum of $35 for the cost of impounding. Such sum shall be in addition to the applicable charges set forth in §127-22 of this Code and §131-4A(3) of this section. Such charges shall be a lien on any motor vehicle so impounded and shall be paid before the same shall be released from the custody of the Police Department.
[Amended 1-19-1988 by L.L. No. 1-1988; 10-2-2007 by L.L. No.
8-2007]
C.
Any motor vehicle impounded and not claimed within
10 days shall be deemed an abandoned motor vehicle.
[Added 10-3-1988 by L.L. No. 12-1988]
(2)
The Village shall notify the last owner, if known, that the vehicle in question has been recovered as an abandoned vehicle and that, if unclaimed, it will be sold at public auction, by bid, or ownership may be transferred to the tow company in lieu of tow and storage charges, after 10 days from the date such notice was given. If the agency described in Subsection C(1) also notifies the Village that a lien or mortgage exists, such notice shall also be sent to the lienholder or mortgagee. The Commissioner of Motor Vehicles shall prescribe the methods of giving notice. Any person claiming such vehicle shall be required to pay the costs of removal and storage of such vehicle.
(3)
If the Village determines that an abandoned vehicle
is not suitable for operation on the public highways, it shall sell
or deliver the vehicle to a vehicle dismantler or scrap processor
registered or certified pursuant to § 415-a of the Vehicle
and Traffic Law of the State of New York.
(4)
Conversion of unclaimed vehicles to Village use; proceeds
from sales.
(a)
The Village may convert in any calendar year up to 1% of its unclaimed abandoned vehicles not affected by Subsection C(1) of this section or two such vehicles, whichever is greater, to its own use.
(b)
Any proceeds from the sale of an abandoned vehicle
less any expenses incurred by the Village shall be held by the Village,
without interest, for the benefit of the owner of such vehicle for
a period of one year. If not claimed within such one-year period,
such proceeds shall be paid into the general fund of the Village.
(5)
The last owner of an abandoned vehicle shall be liable
to the Village for the costs of removal and storage of such vehicle.
