Whenever traffic is controlled by traffic control
signals exhibiting different colored lights or colored lighted arrows
successively, one at a time or in combinations, only the colors green,
yellow and red shall be used, except for special pedestrian signals
carrying a word legend, and said signals shall apply to operators
of motor vehicles and pedestrians, as prescribed in the Vehicle and
Traffic Law.
Pursuant to the provisions of § 1643
of the Vehicle and Traffic Law of the State of New York, it is hereby
resolved that no person shall operate a motor vehicle or motorcycle
upon any public highway within the Village at a rate of speed in excess
of 30 miles per hour, except as follows:
A.
The speed limit shall be 40 miles per hour on Front
Street between William Street and the easterly boundary line of the
Village; on Fulton Avenue for eastbound traffic between Hendrickson
Avenue and Oak Street; on Fulton Avenue for westbound traffic from
the easterly boundary line of the Village to Hendrickson Avenue; and
on Peninsula Boulevard from Fulton Avenue to the Southern State Parkway.
B.
The speed limit shall be 55 miles per hour between
Oak Street and the easterly boundary line of the Village for eastbound
traffic.
It shall be the duty of the Superintendent of
the Department of Public Works of the Village to erect signs indicating
the speed limit of the Village and "End of Speed Zone" signs and such
other signs as may be required by the Vehicle and Traffic Law. The
certificate of the Superintendent of Public Works of the Village,
duly signed by him or by the Deputy Superintendent of Public Works,
shall be deemed presumptive evidence that such signs as required by
the Vehicle and Traffic Law have been duly erected and are maintained
pursuant to the provisions of the Vehicle and Traffic Law.
The Board of Trustees shall have the power to
vary the rate of speed on a street within the limitation of 15 and
55 miles per hour for all motor vehicles; except that on state highways
the speed limit shall be as prescribed by the state. Any variation
shall be posted on signs at prominent points on the street affected.
Any person who exceeds the speed limit herein provided shall be guilty
of violating this section.
Any person violating any of the provisions of
this chapter relating to speeding shall be subject to the penalties
prescribed in the Vehicle and Traffic Law of the State of New York.
No U-turn shall be permitted where signs prohibiting
same are posted.
Except when directed to proceed by a police
officer, every driver of a motor vehicle approaching a stop sign shall
stop at a clearly marked stop line, but if none, then shall stop before
entering the crosswalk on the near side of the intersection, or in
the event there is no crosswalk, at the point nearest the intersecting
roadway where the driver has a view of the approaching traffic on
the intersecting roadway before entering the intersection, and the
right to proceed shall be subject to the provisions of the Vehicle
and Traffic Law.
The driver of a motor vehicle approaching a
yield sign, if required for safety to stop, shall stop at a clearly
marked stop line, but if none, then shall stop before entering the
crosswalk on the near side of the intersection, or in the event there
is no crosswalk, at the point nearest the intersecting roadway where
the driver has a view of the approaching traffic on the intersecting
roadway before entering the intersection, and the right to proceed
shall be subject to the provisions of the Vehicle and Traffic Law.
When official signs have been posted prohibiting,
restricting or limiting the stopping, standing or parking of motor
vehicles on any street, no person shall stop, stand or park any motor
vehicle in violation of the restrictions stated on such sign.
A.
Except when necessary to avoid conflict with other
traffic or when in compliance with law or the directions of a police
officer or official traffic control device, no person shall:
(1)
Stop, stand or park a motor vehicle.
(a)
On the roadway side of any motor vehicle stopped,
standing or parked at the edge or curb of a street.
(b)
On a sidewalk.
(c)
Within an intersection, except when permitted
by official signs or parking meters on the side of a highway opposite
a street which intersects but does not cross such highway.
(d)
On a crosswalk.
(e)
Between a safety zone and the adjacent curb
or within 30 feet of points on the curb immediately opposite the ends
of a safety zone, unless a different distance is indicated by official
signs, markings or parking meters.
(f)
Alongside or opposite any street excavation
or obstruction when stopping, standing or parking would obstruct traffic.
(g)
On any railroad tracks.
(h)
In the area between roadways of a divided highway,
including crossovers, except in an emergency.
(2)
Stand or park a motor vehicle, whether occupied or
not, except momentarily to pick up or discharge a passenger or passengers.
(a)
In front of a public or private driveway.
(b)
Within 20 feet of a crosswalk at an intersection,
unless a different distance is indicated by official signs, markings
or parking meters.
(c)
Within 30 feet upon the approach to any flashing
signal, stop or yield sign or traffic control signal located at the
side of the roadway, unless a different distance is indicated by official
signs, markings or parking meters.
(d)
Within 20 feet of the driveway entrance to any
fire station, and when on the side of the street opposite the entrance
of any fire station, within 75 feet of said entrance, when properly
signposted, unless a different distance is indicated by official signs,
markings or parking meters.
(3)
Park a motor vehicle, whether occupied or not, except
temporarily for the purpose of and while actually engaged in loading
or unloading merchandise or passengers, within 50 feet of the nearest
rail of a railroad crossing, unless a different distance is indicated
by official signs, markings or parking meters.
B.
No person shall stop, stand or park a motor vehicle
within 15 feet of a fire hydrant except when such motor vehicle is
attended by a licensed operator or chauffeur who is seated in the
front seat and who can immediately move such motor vehicle in case
of emergency, unless a different distance is indicated by official
signs, markings or parking meters.
C.
No person shall move a motor vehicle not lawfully
under his control into any prohibited area or away from a curb such
distance as is unlawful.
D.
Tow-away zones for the purpose of street sweeping. The Board of Trustees hereby finds that the illegal parking of automobiles on the public streets of the Village has so interfered with the sweeping of the streets by the Department of Public Works so as to create an unsafe and unsanitary condition of emergency proportions. Accordingly, pursuant to the authorization contained in § 131-4, the Board of Trustees establishes this subsection to provide for the orderly and regular sweeping of all Village streets. The Police Department, in conjunction with the Department of Public Works, with the advice and consent of the Board of Trustees, is authorized to establish alternate-side-of-the-street parking on such streets and at such times as it may deem necessary. Signs indicating tow-away zones shall be posted in compliance with appropriate regulations indicating that towing charges have been fixed at $175 per tow, and fines may be imposed up to $450.
[Added 5-15-1990 by L.L. No. 7-1990;
amended 7-7-2020 by L.L. No. 3-2020]
E.
Parking spaces for the handicapped. It shall be a violation of this
section for any person to stop, stand or park a vehicle in any area
designated as a place for handicapped parking unless the vehicle bears
a permit issued under § 1203-a of the New York State Vehicle
and Traffic Law or a registration issued under § 404-a of the
New York State Vehicle and Traffic Law and such vehicle is being used
for the transportation of a severely disabled or handicapped person.
[Added 7-7-2020 by L.L. No. 3-2020]
A.
Except where angle parking is authorized, every motor
vehicle stopped, standing or parked wholly upon a two-way roadway
shall be so stopped, standing or parked with the right-hand wheels
of such motor vehicle parallel to and within 12 inches of the right-hand
curb or edge of the roadway.
B.
Except where angle parking is authorized, every motor
vehicle stopped, standing or parked wholly upon a one-way roadway
shall be so stopped, standing or parked parallel to the curb or edge
of the roadway, in the direction of authorized traffic movement, with
its right-hand wheels within 12 inches of the right-hand curb or edge
of the roadway or its left-hand wheels within 12 inches of the left-hand
curb or edge of the roadway.
C.
Except where angle parking is authorized, every motor
vehicle stopped, standing or parked partly upon a roadway shall be
so stopped, standing or parked parallel to the curb or edge of the
roadway. On a one-way roadway, such motor vehicle shall be facing
in the direction of authorized traffic movement; on a two-way roadway
such motor vehicle shall be facing in the direction of authorized
traffic movement on that portion of the roadway on which the motor
vehicle rests.
E.
It shall be unlawful for any person or persons to
camp in or inhabit a vehicle, which is defined by New York State Vehicle
and Traffic Law § 159, after sundown or use a vehicle as
living quarters in the Village of Hempstead.
[Added 12-4-2007 by L.L. No. 16-2007]
A.
No commercial motor vehicle, trailer, camper, motor home or nonpassenger motor vehicle shall remain parked upon any street for more than one hour. The provisions of this article are in addition to the parking regulations and requirements of Chapter 139, Zoning.
[Amended 1-2-1990 by L.L. No. 1-1990; 5-2-2006 by L.L. No. 1-2006; 12-16-2008 by L.L. No. 17-2008]
B.
The provisions of Subsection A above shall not prohibit the parking of taxicabs at lawfully designated taxicab stands in accordance with other provisions of this Code or the parking of any commercial motor vehicle upon any street during the ordinary course of business for the purpose of making deliveries, receiving merchandise or providing services.
A.
Time limit. No motor vehicle shall remain parked in
any parking field maintained by the Village for a longer period than
three hours. However, this section shall not apply to parking fields
designated as metered municipal parking fields.
B.
Stopping, standing and parking in driveways. No motor
vehicle shall stop, stand or be parked in any traffic lane or driveway
in any parking field maintained by the Village.
C.
Commuter parking fields; regulations; fees required.
[Added 4-17-1984 by L.L. No. 5-1984]
(1)
The following parking fields shall be designated for
use as follows:
(a)
Commuter Parking Fields No. 11 and No. 11A.
These fields shall be designated for the exclusive use of residents
of the Village of Hempstead.
(b)
Commuter Parking Field No. 11B. The two center
rows and half of the eastern perimeter of this field shall be designated
for the exclusive use of resident and/or nonresident commuters.
[Amended 2-2-1988 by L.L. No. 4-1988; 8-7-1990 by L.L. No. 9-1990]
(c)
Proper display of parking permit sticker. The
permit shall be conspicuously displayed by being affixed to the right
rear bumper of the vehicle being licensed, in an unobstructed manner.
[Added 8-7-1990 by L.L. No. 9-1990]
(d)
Availability of commuter parking field spaces.
The use of these parking spaces shall be on a first-come-first-served
basis.
[Added 8-7-1990 by L.L. No. 9-1990]
(2)
Resident parking requirements; fees.
(a)
Resident parking requirements shall be as follows:
[Amended 11-4-1987 by L.L. No. 6-1987; 2-6-2018 by L.L. No. 1-2018]
[1]
Presentation of proof of employment or attendance
at a school at a location requiring use of Long Island Rail Road commutation
(proof to consist of documentation of employment or student status
on company or school stationery, which shall include the number of
days per week the applicant is required to report to the place of
business or school which is signed by a supervisor or school registrar).
[2]
Presentation of New York State motor vehicle
registration certificate evidencing proof that the vehicle for which
the parking permit is being sought is registered to a resident of
the Village, and said registration certificate shall indicate an address
located within the Village.
[3]
In the alternative, if the motor vehicle is not registered either
in New York State or in the name of the applicant for the permit who
shall be a bona fide resident of the Village of Hempstead, the applicant
must submit an affidavit stating that the vehicle is being operated
by and is under the dominion and control of said resident. The affidavit
shall be accompanied by such documentary evidence, proving bona fide
residency within the Village where applicable, explaining the relationship
between the registered owner and the applicant for the permit in such
detail as is sufficient to reasonably satisfy the Village Clerk that
the applicant is a bona fide resident of the Village of Hempstead
and that the application comes with the purview of this article.
(b)
Such parking permit issued shall be valid only
during the year of issuance and, further, provided that the person
to whom the vehicle is registered, or under whose dominion and control
the vehicle is operated, remains a resident of the Village. Upon the
termination of either of the above conditions, the parking permit
shall be deemed to automatically terminate and shall be of no further
force and effect.
(c)
Payment of the sum of $60 as a permit for any
one vehicle for the period of April 1 through March 31 of the year
of issuance or $30 as a permit fee for any one vehicle for the period
of October 1 through March 31 of the year of issuance shall be required.
Only two vehicle permits a year will issued to a registered vehicle
owner, irrespective of the amount of vehicles registered to the owner.
[Amended 5-2-2006 by L.L. No. 1-2006; 2-6-2018 by L.L. No. 1-2018]
(d)
A parking permit may be transferred from one
vehicle to another, provided that the same resident of the Village
is the owner of record of both vehicles or has dominion and control
over both vehicles, and further provided that the original permit,
in identifiable form, is surrendered and delivered to the Village
Clerk. There shall be a fee of $1 charged for such transfer.[1]
[1]
Editor's Note: Local Law No. 4-1988, adopted 2-2-1988, repealed the following subsections which immediately followed this subsection: Subsection C(3), as amended, regarding nonresident parking requirements and fees; Subsection C(4), regarding display of parking permit stickers; and Subsection C(5), regarding availability of commuter parking spaces.
(3)
Nonresidential parking requirements; fees.
[Added 8-7-1990 by L.L. No. 9-1990]
(a)
Presentation of proof of employment or attendance
at school at a location requiring use of LIRR commutation (proof to
consist of documentation of employment or student status on company
or school stationery, which shall include the number of days per week
applicant is required to report to place of business or school, which
is signed by a supervisor or school registrar). Presentation of valid
motor vehicle registration certificate evidencing proof that the vehicle
is registered to the applicant for a parking permit or is under his
dominion or control.
[Amended 2-6-2018 by L.L.
No. 1-2018]
(b)
Such parking permit shall be valid only during
the year of issuance.
(c)
Payment of the sum of $120 as a permit for any
one vehicle for the period April 1 through March 31 of the year of
issuance and $60 as a permit for any one vehicle for the period October
1 through March 31 of the year of issuance.
[Amended 5-2-2006 by L.L. No. 1-2006]
(d)
A parking permit may be transferred from one
vehicle to another, provided that the applicant is the owner of record
of both vehicles or has dominion or control over both vehicles, and
further provided that the original permit, in identifiable form, shall
be surrendered to the Village Clerk. There shall be a fee of $5 charged
for such transfer.
D.
Reserved permit parking for volume users; regulations;
fees required. Upon authorization by the Village Board of Trustees,
certain underutilized Village-owned parking areas may be reserved
by permit parking by volume users at the most current market rate.
This established rate is also applicable to governmental and/or not-for-profit
organizations.
[Added 1-2-1991 by L.L. No. 1-1991;
amended 3-21-2000 by L.L. No. 3-2000; 10-2-2007 by L.L. No. 6-2007]
No truck or other commercial motor vehicle shall
stop, stand or be parked in any parking field maintained by the Village
except during the ordinary course of business for the purpose of making
deliveries, receiving merchandise or providing services.
Any police officer finding a motor vehicle unattended
where it constitutes an obstruction to traffic or in any place where
stopping, standing or parking is prohibited is hereby authorized to
provide for the removal of such motor vehicle to a garage, automobile
pound or similar place, there to remain until all outstanding traffic
violations pending in the Village Court against the last registered
owner of the motor vehicle have been paid in full or otherwise satisfied.
