[Adopted 11-25-1941]
This article shall be known as the "Traffic
Ordinance" of the City of Rochester.
[Amended 11-25-1947; 3-9-1954; 6-10-1958; 1-26-1960; 10-8-1963; 12-14-1965 by Ord. No. 65-354; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 9-28-1982 by Ord. No. 82-444; 6-14-1988 by Ord. No. 88-219]
Words and phrases used in this chapter shall
have the same definitions as set forth in the New York State Vehicle
and Traffic Law, and, when used in this chapter, the following words
shall have the meanings indicated:
Any self-propelled vehicle that is manufactured for operation
primarily on off-road trails or in off-road competitions, provided
that such vehicle does not exceed 70 inches in width or 1,000 pounds.
[Added 6-15-2021 by Ord.
No. 2021-217]
Every ambulance and every vehicle operated by a police department,
fire department, fire patrol, chief or assistant chief of a fire department,
county or deputy county fire coordinator, county or assistant county
fire marshal or sheriff, or by a regular paid deputy sheriff when
engaged in the performance of duty as a peace officer, or by an authorized
public utility company when on emergency calls, or by such emergency
vehicles of municipal departments designated or authorized by the
Chief of Police.
Device or structure used to prevent access to a specific
area.
[Added 6-13-1989 by Ord. No. 89-199]
This territory is to be described by the area bounded by
the Inner Loop, but shall exclude the Inner Loop and its frontage.
A motorcycle designed for use on off-road trails or in off-road
competitions that is also referred to as an "off-road motorcycle."
[Added 6-15-2021 by Ord.
No. 2021-217]
A small, motorized device with four wheels, created for off-road
use.
[Added 6-15-2021 by Ord.
No. 2021-217]
A small, motorized device with four wheels designed to carry
people.
[Added 6-15-2021 by Ord.
No. 2021-217]
A small, motorized device with two wheels and created for
off-road use. A minibike doesn't qualify as a moped, motorcycle, or
ATV.
[Added 6-15-2021 by Ord.
No. 2021-217]
A vehicle designed for off-road use, including but not limited to, an ATV, dirt bike, go-cart, golf cart, minibike, or motorized bicycle, not including an electric bicycle as defined in § 34-1.
[Added 6-15-2021 by Ord.
No. 2021-217]
A vehicle of the trailer type having one or more axles and
two or more wheels, so designed and used in conjunction with a motor
vehicle that some part of its own weight and that of its own load
rests upon or is carried by another vehicle; used for the transportation
of flammable liquids and for which purpose is provided with a tank
or tanks mounted thereon.
Any vehicle, without its own motive power but drawn by a
motor vehicle, used for the transportation of flammable liquids, and
which for such purpose is provided with a tank or tanks mounted thereon.
Any motor vehicle used for the transportation of flammable
liquids, and which for such purpose is provided with a tank or tanks
mounted on the frame or chassis of such vehicle.
The Board authorized by ordinance of the Council to make
various orders and rules regulating traffic.
It is a violation for any person to do any act
forbidden or fail to perform any act required in this article.
[1]
Editor's Note: Former §§ 111-4
through 111-9, as amended, which contained provisions concerning obedience
to traffic regulations which were duplicative of provisions found
in the New York State Vehicle and Traffic Law, were repealed 6-14-1988
by Ord. No. 88-219.
Whenever authorized signs are erected indicating
a zone of quiet, no person operating a motor vehicle within any such
zone shall sound the horn or other warning device of said vehicle
except in an emergency.
[Added 6-19-1990 by Ord. No. 90-223]
No person shall park a vehicle or allow a vehicle
to be parked in a parking space in a hazardous flasher parking zone
without activating the vehicle's hazardous flasher lights, and no
person shall allow a vehicle to be parked in such a zone when, for
any reason, the hazardous flasher lights are not flashing.
[1]
Editor's Note: Former §§ 111-11
through 111-13, as amended, concerning traffic signals and traffic
control devices, which contained provisions duplicative of the New
York State Vehicle and Traffic Law, were repealed 6-14-1988 by Ord.
No. 88-219.
No driver shall stop, stand or park any vehicle
on any street in violation of the provisions of this article or in
violation of the orders or regulations of the Traffic Control Board
as directed by official signs.
A.
Except in a one-way street, no person shall stop,
stand or park any vehicle upon a street in such a manner or under
such conditions so that, either alone or in conjunction with another
vehicle or vehicles, it will obstruct the free passage of two ordinary
vehicles side by side through such public street or alley, except
that a driver may stop temporarily during the actual loading or unloading
of passengers or when necessary in obedience to traffic regulations
or traffic signs or signals or by a police officer.
B.
No person shall stop, stand or park any vehicle upon
any one-way street in such a manner as to prevent the free movement
of a single line of traffic.
[Amended 9-9-1958; 6-28-1984 by Ord. No. 84-271; 7-22-2014 by Ord. No. 2014-196]
The driver of a vehicle shall not park such vehicle and the owner of a vehicle shall not suffer or permit such vehicle to be parked for more than 12 hours without being moved on any street in the City, except that where alternate parking regulations are in effect, parking shall be permitted for the maximum period authorized under such regulations. The twelve-hour restriction provided for in this section shall not apply to any vehicle parked in a designated residential parking space in the Corn Hill Neighborhood pursuant to § 111-81 and displaying a valid residential parking permit pursuant to that section, except that the twelve-hour restriction shall apply to such vehicles when the Commissioner of Environmental Services determines that at least three inches of snow has fallen in the City within the prior 24 hours.
[Amended 5-10-1960; 6-14-1988 by Ord. No. 88-219]
Notwithstanding the provisions of § 111-16 of the Municipal Code, the driver and/or owner of a truck, commercial vehicle, trailer, recreational vehicle, tractor or tractor-trailer combination shall not suffer or permit such vehicle to be parked for more than six hours on any street in the City. This section shall not apply to pickup trucks or passenger vans.
[Amended 12-9-1952; 6-14-1988 by Ord. No. 88-219]
No person shall stop, stand or park a vehicle
for any purpose or length of time other than for the expeditious unloading
and delivery or pickup and loading of materials in any place marked
as a leading zone during hours when provisions applicable to loading
zones are in effect.
A.
The driver of a taxicab shall not stand or park upon
any street in the Central Traffic District at any place other than
a taxicab stand, except that this provision shall not prevent the
driver of any vehicle from temporarily stopping in accordance with
other stopping and parking regulations at any place for the purpose
of and while actually engaged in loading or unloading passengers.
B.
No persons shall stop, stand or park a vehicle other
than a bus in a bus stop or other than a taxicab in a taxicab stand
when any such stop or stand has been officially designated and appropriately
signed, except that the driver of a passenger vehicle may temporarily
stop therein for the purpose of and while actually engaged in loading
or unloading passengers when such stopping does not interfere with
any bus or taxicab waiting to enter or about to enter such zone. Unless
otherwise established by the Traffic Control Board and appropriately
signed, bus stops shall extend from the bus stop sign to a point 60
feet in advance of the bus stop sign.
[Amended 6-28-1984 by Ord. No. 84-271]
[1]
Editor's Note: Former §§ 111-20
through 111-22, as amended, concerning standing or parking, which
contained provisions duplicative of the New York State Vehicle and
Traffic Law, were repealed 6-14-1988 by Ord. No. 88-219.
[Amended 4-24-1951; 11-12-1952; 1-22-1953; 9-10-1957; 6-10-1958; 3-24-1959; 12-14-1976 by Ord. No. 76-528; 6-28-1984 by Ord. No. 84-271; 6-14-1988 by Ord. No. 88-219]
No person shall stop, stand or park a vehicle,
except when necessary to avoid conflict with other traffic or in compliance
with law or the directions of a police officer or traffic control
device, in any of the following places, unless otherwise indicated
by official signs, markings or parking meters:
A.
On a sidewalk or between the curb and the sidewalk
or on any part of a street or highway, except in the roadway and in
areas designated for parking purposes by the Board of Traffic Control.
B.
In front or within five feet of a public or private
driveway.
C.
Within an intersection, except that within a T-intersection,
parking is allowed opposite the intersecting street unless specifically
prohibited by the Traffic Control Board.
D.
On a crosswalk; provided, however, that vehicles under
the control of the Rochester Transit Service may stop to discharge
or receive passengers when weather conditions make loading at regular
stops difficult or dangerous to said passengers.
E.
Under any overhead bridge or upon any bridge or within
50 feet of any overhead bridge, unless signs designating parking on
said bridge, which are authorized by the Traffic Control Board, are
displayed.
F.
Within 50 feet of the approach to any intersection at which is located
a traffic control signal or within 30 feet of the exit side of such
intersection.
[Amended 6-18-2013 by Ord. No. 2013-157]
G.
On the roadway side of any vehicle stopped, standing or parked at
the edge or curb of a street.
[Amended 6-18-2013 by Ord. No. 2013-157]
H.
On any portion of the Civic Center side as designated
by Resolution No. 56-13, appearing on pages 66 and 67 of the Council
Proceedings for 1956, except such portions thereof as may be specifically
designated for parking purposes.
I.
Within 15 feet of a fire hydrant.
[Added 6-18-2013 by Ord. No. 2013-157]
J.
Within 30 feet of the approach to any stop or yield sign.
[Added 6-18-2013 by Ord. No. 2013-157]
K.
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.
[Added 6-18-2013 by Ord. No. 2013-157; amended 8-13-2013 by Ord. No.
2013-269]
L.
On a railroad crossing.
[Added 6-18-2013 by Ord. No. 2013-157]
M.
In the area between roadways of a divided highway, including crossovers,
except in an emergency.
[Added 6-18-2013 by Ord. No. 2013-157]
N.
On an expressway, including the entrances thereto and exits therefrom,
except in an emergency.
[Added 6-18-2013 by Ord. No. 2013-157]
O.
Alongside or opposite any street excavation or obstruction when stopping,
standing or parking would obstruct traffic.
[Added 6-18-2013 by Ord. No. 2013-157]
P.
Engage in the retail sale of frozen desserts, as that term is defined
in Subdivision 37 of Section 375 of the Vehicle and Traffic Law, directly
to pedestrians on any street having a speed limit in excess of 30
miles per hour.
[Added 6-18-2013 by Ord. No. 2013-157]
Q.
Except where angle parking is authorized, every 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 vehicle parallel
to and within 12 inches of the right-hand curb or edge of the roadway.
[Added 6-18-2013 by Ord. No. 2013-157]
R.
Except where angle parking is authorized, every 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.
[Added 6-18-2013 by Ord. No. 2013-157]
S.
Except where angle parking is authorized, every 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 vehicle shall be facing in the direction of authorized
traffic movement; on a two-way roadway such vehicle shall be facing
in the direction of authorized traffic movement on that portion of
the roadway on which the vehicle rests.
[Added 6-18-2013 by Ord. No. 2013-157]
T.
Upon any street, for the purpose of displaying such vehicle for sale.
[Added 6-18-2013 by Ord. No. 2013-157]
U.
Upon any street, while repairing said vehicle, except for such repairs
as may be necessitated by an emergency.
[Added 6-18-2013 by Ord. No. 2013-157]
V.
Where back-in angle parking is authorized, every vehicle stopped,
standing, or parked shall be so stopped, standing, or parked such
that the vehicle is facing the street and the corner of the vehicle's
back bumper is situated within 12 inches of the curb. Vehicles shall
be stopped, standing, or parked at the angle to the curb as indicated
by signs or pavement markings.
[Added 7-20-2021 by Ord.
No. 2021-244]
[Added 6-18-2013 by Ord. No. 2013-157]
No person shall stand or park a vehicle, except momentarily
to pick up or discharge a passenger or passengers, or when necessary
to avoid conflict with other traffic, or in compliance with law or
the directions of a police officer or traffic control device, in any
of the following places, unless otherwise indicated by official signs,
markings or parking meters:
A.
Within 50 feet of a railroad crossing.
B.
Within 20 feet of a crosswalk.
C.
Within 20 feet of the driveway entrance to any fire station, and,
when on the side of the street opposite to the entrance of any fire
station, within 75 feet of said entrance, when signs are properly
posted.
D.
Alongside or obstructing a curb area which has been cut down, lowered
or constructed so as to provide accessibility to the sidewalk.
E.
Within a bike lane, a cycle track or a trail designated for bicycles
or mixed uses.
[Added 9-17-2019 by Ord.
No. 2019-287]
[1]
Editor's Note: Former §§ 111-24
through 111-26, concerning stopping of vehicles and use of one-way
streets, which contained provisions duplicative of the New York State
Vehicle and Traffic Law, were repealed 6-14-1988 by Ord. No. 88-219.
No driver of a vehicle shall drive between the
vehicles comprising a funeral or other authorized procession while
they are in motion and when such vehicles are conspicuously designated
as required in this chapter. This provision shall not apply at intersections
where traffic is controlled by traffic control signals or police officers.
[Amended 1-27-1970 by Ord. No. 70-16; 6-11-1971 by Ord. No. 71-324; 11-12-1985 by Ord. No.
85-480; 6-14-1988 by Ord. No. 88-219]
A.
No parade, procession or other organized formation
of persons or vehicles, other than a funeral procession or sidewalk
picket line, shall occupy, march or proceed along any street except
in accordance with a permit issued by the Mayor.
B.
A person seeking issuance of a parade permit shall
file an application with the Commissioner of Recreation and Human
Services not less than 72 hours prior to the requested starting time.
[Amended 12-17-1991 by Ord. No. 91-530; 6-20-2006 by Ord. No. 2006-196; 10-13-2020 by Ord. No. 2020-316]
C.
The application for a parade permit shall set forth
the following information:
(1)
The name, address and telephone number of the person
or organization seeking to conduct such parade.
(2)
The name, address and telephone number of the person
who will be the parade chairperson and who will be responsible for
its conduct.
(3)
The proposed date when the parade is to be conducted.
(4)
The proposed route to be traveled, starting point
and termination point.
(5)
The approximate number of persons and number and type
of animals and vehicles to be in such parade.
(6)
The proposed hours when such parade will start and
terminate.
(7)
The proposed location by streets of any assembly areas
and disbandment areas for such parade.
(8)
The proposed time at which units of the parade will
begin to assemble at any such assembly area or areas.
D.
The Mayor shall issue a parade permit when, from a
consideration of the application and from such other information as
may otherwise be obtained, he or she finds that:
(1)
The conduct of the parade will not substantially interrupt
the safe and orderly movement of other pedestrian and vehicular traffic
at or contiguous to the route, assembly and disbandment areas of the
parade.
(2)
The parade is scheduled to move from its point of
origin to its point of termination expeditiously, with intervals of
space between units of a parade not exceeding 50 yards.
(3)
The parade is not to be held for the sole purpose
of advertising any commercial product, goods or event and is not designed
to be held purely for private profit.
(4)
A sufficient number of police officers are available
to adequately protect both observers and participants and to direct
traffic and to provide reasonable protection to the remainder of the
city.
E.
The Mayor, in denying an application for a parade
permit, may authorize the conduct of the parade on a date, at a time
or over a route different from that named by the applicant in the
interest of facilitating crowd control, relieving congestion and promoting
public safety, provided that the applicant's right of free speech
is not denied thereby.
F.
Each parade permit shall state the following information:
H.
Parades may be conducted on Sunday after 2:00 p.m.
I.
Interference with parade.
(1)
Interference. No person shall unreasonably hamper,
obstruct, impede or interfere with any parade or parade assembly or
with any person, vehicle or animal participating or used in a parade.
(2)
Driving through parades. No driver of a motor vehicle
shall drive between the vehicles or persons comprising a parade when
such vehicles or persons are in motion and are conspicuously designated
as a parade.
(3)
Parking on parade route. The Chief of Police shall
have the authority to prohibit or restrict the parking of vehicles
along a street constituting a part of the route of a parade or as
necessary to facilitate pedestrian and vehicular traffic in the vicinity
of a parade. Signs shall be posted to such effect, and it shall be
unlawful for any person to park or leave unattended any vehicle in
violation thereof. No person shall be liable for parking on a street
unposted in violation of this section.
J.
The Mayor shall have the authority to revoke a parade
permit upon application of the standards for issuance of such permit
K.
The Commissioner of Recreation and Human Services,
with the approval of the Mayor, is authorized to promulgate rules
and regulations providing for a content-neutral method for consideration
of competing permit applications.
[Amended 12-17-1991 by Ord. No. 91-530; 6-20-2006 by Ord. No. 2006-196; 10-13-2020 by Ord. No. 2020-316]
A.
A funeral composed of a procession of vehicles shall
be identified as such by the prominent display of placards or pennants.
B.
Each driver in a funeral or other procession shall
drive as near to the right-hand edge of the roadway as is practical
and follow the vehicle ahead as close as is practical and safe.
A driver of a vehicle must not make a reverse
turn in the Central Traffic District, except on dead-end streets,
nor shall a reverse turn be made on those streets outside of the Central
Traffic District which shall be designated by the Traffic Control
Board as streets on which no reverse turn shall be made, and a driver
of a vehicle shall not make a reverse turn on streets where reverse
turns are not prohibited unless such movement can be made in safety
and without interfering with other traffic.
The driver of a vehicle shall not back the same
into an intersection or over a crosswalk and shall not, in any event
or at any place, back a vehicle unless such movement can be made in
safety.
[1]
Editor's Note: Former §§ 111-32
through 111-36, as amended, concerning operation of vehicles, were
repealed 6-14-1988 by Ord. No. 88-219.
[Amended 8-12-1980 by Ord. No. 80-372]
No person riding in or by means of any coaster,
sled, scooter, toy vehicle or similar device shall go upon any roadway,
except while crossing the street upon a crosswalk. Such devices may
be used upon a sidewalk, but shall not be used so as to interfere
with pedestrian traffic.
[Added 10-16-1984 by Ord. No. 84-399; amended 11-19-2002 by Ord. No. 2002-354]
No person shall park a vehicle or allow a vehicle
to be parked on private property in the City except where parking
is allowed under the Rochester Zoning Code.[2]
[1]
Editor's Note: Former § 111-39,
Driving by user of narcotic drugs, was repealed 6-14-1988 by Ord.
No. 88-219. For current provisions, see the New York State Vehicle
and Traffic Law.
[Amended 9-13-1955; 12-11-1956; 6-10-1958; 10-15-1958; 4-14-1959; 4-26-1960; 5-10-1966 by Ord. No. 66-7; 1-10-1967 by Ord. No. 67-5; 7-8-1969 by Ord. No. 69-321; 5-12-1970 by Ord. No. 70-228; 5-11-1971 by Ord. No. 71-254; 11-9-1971 by Ord. No. 71-642; 3-28-1972 by Ord. No. 72-132; 9-12-1972 by Ord. No. 72-439; 3-13-1979 by Ord. No. 79-103]
A vehicle must not be driven or propelled within
the City of Rochester in excess of 30 miles per hour except as indicated
in Schedule A on file with the Traffic Control Board.
[1]
Editor's Note: Former §§ 111-41
through 111-44, as amended, concerning operation of vehicles at intersections,
which contained provisions duplicative of the New York State Vehicle
and Traffic Law, were repealed 6-14-1988 by Ord. No. 88-219.
A.
The driver of a vehicle shall on approaching a through
street, main artery of travel, congested street intersection or school
crossing, immediately before entering the same unless otherwise directed
by a police officer or signal, come to a full stop.
C.
All vehicles approaching a nonsignalized intersection
on a street or roadway which does not continue past the intersection,
thereby requiring a right- or left-hand turn at the intersection,
shall come to a full stop and yield the right-of-way to all vehicles
approaching the intersection on other continuous approaches before
proceeding into the intersection.
[Added 9-12-1972 by Ord. No. 72-439]
[1]
Editor's Note: Former §§ 111-46
through 111-53, as amended, concerning operation of vehicles, which
contained provisions duplicative of the New York State Vehicle and
Traffic Law, were repealed 6-14-1988 by Ord. No. 88-219.
[Amended 1-27-1970 by Ord. No. 70-36; 9-12-1972 by Ord. No. 72-439; 5-28-1974 by Ord. No. 74-180; 10-22-1974 by Ord. No. 74-365; 6-14-1988 by Ord. No. 88-219; 6-18-2002 by Ord. No. 2002-206; 6-22-2004 by Ord. No.
2004-168[1]; 6-16-2009 by Ord. No. 2009-175]
In times of emergency, street reconstruction
or repair, or when work is to be performed in the street, or when
it is deemed advisable in the interest of public safety, or for parades,
festivals or other special events, the Chief of Police, Fire Chief,
City Engineer or County Traffic Engineer, at their discretion, either
through the Police Department or by signs or barricades placed or
erected, may close off streets or portions thereof, divert or regulate
traffic, and prohibit parking, standing, stopping or unloading, as
the case may require, and all pedestrians and drivers of vehicles
shall conform to such regulations. The Parking Director may also prohibit
stopping, standing or parking along City streets under such circumstances.
[1]
Editor's Note: This ordinance provided an
effective date of 7-1-2004.
[Added 12-18-2012 by Ord. No. 2012-444]
A.
Policy and intent. It is the policy of the City of Rochester to encourage
the occurrence of special events that enhance quality of life, provide
entertainment and other leisure activities, promote local economic
health, attract visitors, and contribute to the dynamic atmosphere
of the community. It is the City's intent to offer applicants support
in planning a variety of safe and successful events that will serve
diverse audiences and will create minimal disruption to surrounding
areas.
B.
No special event requiring a street closing shall be conducted except
in accordance with a permit issued by the Director of Communications.
C.
Applications for permits for special events shall be made to the
Director of Communications, who shall be the issuing authority for
such applications. Applications shall be submitted in accordance with
time periods approved by the Director of Communications. Such applications
shall be referred to the Chief of Police and the Fire Chief for a
review of public safety concerns. Applications shall be accompanied
by a nonrefundable application fee, determined by the type of event,
as approved through adoption of the annual City budget. Fees may also
be required for additional City services or the use of City facilities
or equipment, and the applicant may be responsible for reimbursing
the City for lost revenues.
D.
Applicants for permits shall submit a special event permit application,
which shall include, but not be limited to, the following information.
Additional information may be required by the Director of Communications
in order for the application to be considered complete and ready for
review.
(1)
The name, address and telephone number of the person or organization
seeking to conduct such event.
(2)
The name, address and telephone number of the person who will
be the event chairperson and who will be responsible for its conduct.
(3)
The proposed date(s) when the event is to be conducted.
(4)
The type of event and a full description of the activities to
be conducted. Activities to be specifically described shall include,
but not be limited to, cooking, vending, sale of alcoholic beverages,
entertainment, athletic events, fireworks, and the use of bouncehouses
or animals.
(5)
A detailed site plan, including, but not limited to, the location
or route of the activities to be conducted, including the part of
street to be closed and the method of closure and any entrances or
exits; the location of parking, bathrooms or other facilities; and
the location where any activities listed above are to be conducted.
(6)
If the event includes a moving closure of streets, as in a race,
walk, or other athletic event, a written route and map must be included,
as well as an estimation of the time period of the closures.
(7)
General liability insurance, if required.
(8)
Documentation of all related and necessary licenses or permits
from the state or other municipalities or agencies.
(9)
Whether alcoholic beverages are to be sold and, if so, documentation
of necessary permits and insurance.
(10)
The estimated attendance at the event.
(11)
The impact of the event on local residents and businesses, which
shall include local notifications and responses.
(12)
The proposed hours when such event will start and terminate.
(13)
The security plan for the event, and the name of the licensed
security agency to be used, when required.
(14)
The plan for litter and trash removal and sanitary facilities.
(15)
The plan for emergency medical services.
(16)
The parking and transportation plan for the event, both for
residents of the affected area and for event participants and attendees.
(17)
The City support services requested for the event, including
fee-based services, and including, but not limited to, police and
fire services, street barriers, use of City facilities, trash and
litter collection, and street sweeping.
(18)
The applicant's history in providing similar events and obtaining
and abiding by the terms of necessary licenses and permits.
E.
The following factors shall be taken into consideration when determining
said applications and may provide the basis for denial of an application:
(1)
Whether the application is complete or contains a material misrepresentation;
(2)
The maintenance of safety of all persons throughout the event;
(3)
The provision of safe and orderly movement of pedestrian and
vehicular traffic at and contiguous to the event;
(4)
The area affected by the event;
(5)
The length of the event and hours of operation;
(6)
The noise to be produced by the event;
(7)
The availability of necessary parking and transportation for
the event;
(8)
The support of, and potential impact of the event on, local
residents and businesses, and the community in general, as demonstrated
by documentation from the applicant and/or from public input received
by direction of the Director of Communications;
(9)
The public and community purposes served by the event and the
manner in which the event promotes the City and its cultural diversity;
(10)
The type of activities and facilities to be located in the street;
(11)
The economic impact of the event;
(12)
The provision of litter and trash removal and sanitary services;
(13)
The availability of police, fire and other necessary City services,
and emergency medical services;
(14)
The existence of competing requests for use of the City streets;
(15)
The applicant's history of providing similar events and abiding
by the terms of necessary licenses and permits.
F.
The Director of Communications, in denying an application for a permit, may condition approval of the event on a date, at a time or at a location different from that named by the applicant, in the interest of facilitating crowd control, relieving congestion, promoting public safety, lessening the impact of the event on local residents and businesses, or to further any of the other factors identified in Subsection E.
G.
No person shall be charged to enter a street which is closed to permit
the special event. This section shall not apply to entry fees for
athletic events held on City streets, nor to fees charged to vendors
participating in the event. The Director of Communications may grant
an exception from this section for an event that is held only one
time per year, and for one day only, upon finding that the applicant
will provide reasonable free pedestrian access through the street
closure area and reasonable free pedestrian access to homes and businesses
in the area of the street closure.
H.
Definition of "special event"; block parties; parade permit.
(2)
Block parties.
(a)
Applicants for permits for block parties shall submit a special
event permit application containing so much of the information on
the application as may be required by the Director of Communications,
along with a street closing petition with signatures of support from
at least 60% of residents on the block proposed for closure. Such
applications may be approved or denied by the Director of Communications
based on the general factors applying to special events and compliance
with the specific block party requirements set forth herein.
(b)
A "block party" shall mean an event which requires the closure
of one block, from intersection to intersection, of a street in a
residential area, through the use of barricades, at the request of
and for the benefit of the immediate residents of the neighborhood.
(c)
Attendance at block parties shall be limited to residents of
the neighborhood of the block being closed, and there shall be no
charge to attend. No vending or amplified entertainment shall be allowed
at a block party. A block party permit shall be limited to six hours
in duration and shall not extend beyond dusk.
I.
The Director of Communications is authorized to adopt such procedures
and to require such additional information as he or she deems appropriate,
to allow for the full assessment and consideration of permit applications
and for the smooth and safe operation of special events in the City.
Such procedures may include requiring the event sponsor to provide
notification through various means to affected residents and businesses
as part of the planning for and consideration of an application for
a special event, and before and during the special event.
[Added 6-13-1989 by Ord. No. 89-199]
No person shall operate a vehicle, except vehicles
involved in the street work, within the barricaded portion of a street.
Where signs are posted permitting local access to properties along
the barricaded street, persons may enter at their own risk and shall
exercise extreme caution in proceeding through the barricaded area.
A person must obey all traffic control devices when operating a vehicle
on a street where work is being performed.
[1]
Editor's Note: Former §§ 111-55
through 111-57, as amended, concerning private signs, signals on loads
and vehicles and animals on sidewalks, which contained provisions
duplicative of the New York State Vehicle and Traffic Law, were repealed
6-14-1988 by Ord. No. 88-219.
[Amended 5-11-1971 by Ord. No. 71-237; 9-12-1972 by Ord. No. 72-443; 12-14-1976 by Ord. No.
76-528; 3-13-1979 by Ord. No. 79-103; 6-14-1988 by Ord. No. 88-219]
No person shall operate a truck, trailer or
semitrailer having a gross weight of over three tons into, out of,
through or inside the City of Rochester for the purpose of local delivery
or through travel upon those streets described in Schedule C on file
with the Traffic Control Board, except that such trucks, trailers
or semitrailers may be driven on a destining street for the shortest
possible distance in order to load or unload freight, merchandise
or material on such street or on an intersecting street which has
no other route of access except over such streets having weight limit
restrictions or for storage or garage purposes on said street or such
intersecting street.
[Added 6-13-1989 by Ord. No. 89-199]
No person shall operate or move a metal-tired
or -tracked vehicle on any bridge or street except as authorized in
writing by the City Engineer.
[1]
Editor's Note: Former § 111-59,
Putting glass or other injurious substances on highways prohibited,
added 3-14-1972 by Ord. No. 72-108, was repealed 6-14-1988 by Ord.
No. 88-219.
[1]
Editor's Note: Former § 111-60,
Coasting prohibited, added 7-8-1958, as amended, was repealed. Former
§ 111-60, Roller-skating and skateboarding, added 8-12-1980
by Ord. No. 80-372, as amended, was repealed 6-16-1992 by Ord. No.
92-264.
[1]
Editor's Note: Former §§ 111-61
through 111-64, as amended, concerning towing, signaling and pedestrians,
which contained provisions duplicative of the New York State Vehicle
and Traffic Law, were repealed 6-14-1988 by Ord. No. 88-219.
[Amended 2-23-1954; 6-14-1988 by Ord. No. 88-219]
Pedestrians shall not cross the roadway other
than on a crosswalk in the Central Traffic District, in any business
district or on a main artery of travel or through street. Every pedestrian
crossing any other roadway at a point other than a crosswalk shall
cross by a route at right angles to the curb or by the shortest route
to the opposite curb.
No person shall board or alight from any vehicle
while such vehicle is in motion.
[1]
Editor's Note: Former §§ 111-67
through 111-69, concerning riding on vehicles, blocking of streets
and driving through safety zones, which contained provisions duplicative
of the New York State Vehicle and Traffic Law, were repealed 6-14-1988
by Ord. No. 88-219.
[Added 3-25-1952]
It shall be unlawful for the operator of any
tank truck, whether or not said tank truck is used with or without
tank trailer or tank semitrailer, to drive or operate said vehicle
in the Central Traffic District between the hours of 7:00 a.m. and
6:00 p.m. on any day except Sunday.
[Amended 6-26-1956]
Any police officer having reason to believe
that any vehicle being driven on a street posted for the exclusion
of heavy trucks, or the load thereon, is unlawful is authorized to
stop, measure and weigh the same on any public highway by means of
portable or stationary measures and scales and may require that such
vehicle shall be driven to the nearest scales in the event that such
scales are within three miles.
A.
No person shall allow, permit or suffer any vehicle
registered in his or her name to stand or be parked in any public
place or street in this City in violation of any of the ordinances
of this City regulating public places or the standing and parking
of vehicles, nor on any city-owned property or property under the
jurisdiction or control of the City where parking is prohibited; nor
shall any vehicle be so placed or parked by any person.
[Amended 7-14-1964; 11-24-1970 by Ord. No.
70-627; 2-14-2006 by Ord. No. 2006-22]
B.
Any vehicle found standing or parked in violation
of any law or ordinance may be removed by or at the direction of a
member of the Rochester Police Department to a vehicle pound designated
by the Chief of Police. Members of the Rochester Police Department
may also direct the removal to a vehicle pound of recovered stolen
vehicles, vehicles involved in an accident, vehicles towed as a result
of being used in connection with the commission of a violation of
the Municipal Code for which towing is authorized, vehicles held for
evidence or vehicles towed for safekeeping incident to an arrest or
in other situations where the driver of said vehicle is no longer
capable of safely operating said vehicle. Such removal shall be in
accordance with rules and regulations promulgated by the Chief of
Police. Any such removal shall be deemed an abatement of a nuisance
and at the risk and expense of the owner or person entitled to the
vehicle or the person who operated or parked the vehicle. The Chief
of Police may store such vehicles in designated vehicle pounds or
other suitable places at the risk and expense of the owner or the
person entitled to possession thereof or the person who operated or
parked the vehicle. The owner or person entitled to possession of
the vehicle so removed and stored may redeem the vehicle by the payment
to the Chief of Police of the sum of $140 for the redemption of passenger
vehicles, including pickup trucks and passenger vans, mopeds and motorcycles;
$260 for the redemption of all trucks, single and tandem axles, with
a gross vehicle weight up to 26,000 pounds; and $460 for heavy trucks/truck
tractor-trailer units, with a gross vehicle weight in excess of 26,000
pounds; and for any additional services for which the City is obligated
to pay the tower, at the actual fee charged to the City for such services
by the tower. Notwithstanding the redemption fees established in this
subsection, the owner or person entitled to possession of a vehicle
towed for evidence shall not be charged a fee. The owner or person
entitled to possession of said vehicle shall also be required to pay
to the Chief of Police the sum of $2 for any title search performed
relating to said vehicle and the sum of $10 for each notification
by certified mail sent for said vehicle. Nothing contained herein
shall be construed to prohibit a police officer or other person authorized
to issue a parking violation ticket from affixing to a vehicle to
be removed a parking violation ticket. The City shall be deemed a
creditor of such owner or person entitled to possession and shall
have a lien against the vehicle for the amount of expense so incurred.
The City may maintain an action against the owner or owners, the person
who operated or parked the vehicle or any of them to recover the amount
of the lien in a civil action. When a vehicle is towed by a towing
company through a City contract to the towing company’s lot,
the fees established in this section which would be payable to the
City upon redemption, including storage fees, shall be payable to
the towing company, instead of the City. In such case, the towing
company shall be deemed a credit or of such owner or person entitled
to possession and shall have a lien against the vehicle for the amount
of expense so incurred. The towing company may maintain an action
against the owner or owners, the person who operated or parked the
vehicle or any of them to recover the amount of the lien in a civil
action.
[Amended 6-19-2007 by Ord. No. 2007-229; 9-14-2011 by Ord. No. 2011-315; 6-20-2017 by Ord. No. 2017-161; 6-18-2019 by Ord. No.
2019-157; 6-15-2021 by Ord. No. 2021-181; 6-15-2021 by Ord. No. 2021-217]
C.
Redemption or sale of vehicle.
[Amended 8-13-1946; 6-23-1964; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180; 8-6-1985 by Ord. No. 85-351; 5-27-1986 by Ord. No. 86-162]
(1)
Title and disposition; abandoned vehicles.
(a)
Whenever such vehicle has no number plates affixed,
is abandoned as defined in New York State Vehicle and Traffic Law
§ 1224 and is of a wholesale value, taking into consideration
the condition of the vehicle, of $1,250 or less, title shall immediately
vest in the City of Rochester. The Chief of Police may dispose of
said vehicle as provided herein.
[Amended 6-14-2005 by Ord. No. 2005-207[1]]
[1]
Editor's Note: This ordinance stated that
it would take effect 7-1-2005.
(b)
Whenever such vehicle is not abandoned as defined
in § 1224 of the New York State Vehicle and Traffic Law
or exceeds a wholesale value, taking into consideration the condition
of the vehicle, of $1,250 or has number plates affixed, the Chief
of Police shall make an inquiry as to the identity of the vehicle
owner to the jurisdiction which issued the number plates or the Department
of Motor Vehicles if the vehicle is without number plates. Notices
shall be mailed in accordance with Title 15, New York Codes, Rules
and Regulations, Part 18 (Abandoned Vehicles), to the owner and known
lienholder(s) of all such vehicles not claimed within 72 hours after
impoundment, unless the owner cannot be identified through motor vehicle
records.
[Amended 6-14-2005 by Ord. No. 2005-207[2]]
[2]
Editor's Note: This ordinance stated that
it would take effect 7-1-2005.
(c)
If an owner cannot be identified through motor
vehicle records or if a vehicle shall remain unclaimed for 10 days
after mailing notice to such owner and lienholders made known by the
licensing jurisdiction or Department of Motor Vehicles, title shall
vest in the City of Rochester.
(d)
If title to a vehicle has vested in the City
of Rochester as provided herein, the Chief of Police may proceed pursuant
to § 1224, Subdivision 5, of the New York State Vehicle
and Traffic Law to dispose of the vehicle or to sell the same at public
auction to the highest bidder, after publishing a notice of sale once,
not less than seven days before the date of sale, in an official newspaper
of the City and posting said notice conspicuously in three public
places in the City at least six days before the sale.
(e)
The Chief of Police or his or her designee shall
determine the value of a vehicle utilizing such criteria as used car
valuation books and the physical and mechanical condition of the vehicle.
[Amended 2-14-2006 by Ord. No. 2006-22]
(2)
He or she shall deduct the expenses which have been incurred for removal, storage and sale of said vehicle from the proceeds of such sale and shall transmit to the City Treasurer the remainder of such proceeds, to be held in trust for such owner or person entitled to the same for one year, and if such remainder is then unclaimed, it shall be deemed abandoned property. The City shall be deemed a creditor of such owner or person entitled to possession and any other person violating this article and each of them for the amount of any excess of expenses which have been incurred in such removal, storage and sale, over such proceeds of sale, and may maintain an action against them, or any of them, to recover the same in a civil action as a penalty for violation of Subsection A of this section.
[Amended 2-14-2006 by Ord. No. 2006-22]
D.
If no bids are received at the public sale hereinbefore authorized, the Chief of Police may remove, destroy and break up or otherwise dispose of such vehicle without liability or damages to the owner thereof or to any person having or claiming any interest therein. The City shall be deemed a creditor of such owner or person entitled to possession thereof, and any other person violating this article, for the amount of the expenses for such removal, advertisement, sale, destruction and disposal and may maintain an action against them, or any of them, to recover the same in a civil action, as a penalty for violation of Subsection A of this section.
[Amended 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
F.
In the event that the owner or person entitled to
possession of a vehicle so removed shall claim there is a dispute
as to the ownership or right to possession of such vehicle, upon written
notice to the Chief of Police, the vehicle shall remain in storage
pending determination of ownership.
[Amended 12-11-1945; 1-27-1970 by Ord. No. 70-36; 5-28-1974 by Ord. No. 74-180]
G.
The charge for storage of vehicles in vehicle pounds
designated by the Chief of Police shall be $40 for each twenty-four-hour
period or fraction thereof, beginning after the first twenty-four-hour
period. Said charges shall be paid by the owner or person entitled
to possession of the vehicle as a portion of the expenses incurred
in effecting the removal of the vehicle.
[Amended 6-8-1954; 11-24-1970 by Ord. No.
70-627; 2-13-1979 by Ord. No. 79-50; 5-25-1982 by Ord. No. 82-208; 9-14-1982 by Ord. No. 82-412; 11-29-1988 by Ord. No. 88-434; 5-19-1989 by Ord. No. 89-177; 12-20-2005 by Ord. No. 2005-417; 12-14-2010 by Ord. No.
2010-414; 6-18-2019 by Ord. No. 2019-157[4]]
[4]
Editor’s Note: This ordinance provided an effective
date of 7-1-2019.
H.
Challenges to fees; hearing; appeals.
[Added 8-6-1985 by Ord. No. 85-351]
(1)
The Parking and Municipal Code Violations Bureau shall hear and determine challenges to towing, immobilization and storage fees assessed against the owner or person entitled to possession of a vehicle pursuant to this chapter, in the same manner as charges of parking violations are heard and determined. Challenges to such fees must be submitted in person or in writing to the Parking and Municipal Code Violations Bureau within 20 days after the immobilization or towing of a vehicle or within 10 days after mailing of a notice to a vehicle owner that a vehicle has been towed, if required pursuant to Subsection C of this section, whichever date is later.
[Amended 7-14-1998 by Ord. No. 98-300]
(2)
The owner or person entitled to possession of the
vehicle shall post a bond in the full amount of the towing, immobilization
and storage fees, or pay such fees, in order to obtain the release
of a vehicle before a hearing determination is made. Failure to challenge
the fees in a timely manner or to appear at a scheduled hearing shall
constitute a waiver of the right to challenge such fees and a forfeiture
of a bond or of fees already paid.
(3)
Initial hearings shall be scheduled by the Parking
and Municipal Code Violations Bureau within 48 hours after a request
is received, exclusive of weekends and holidays. At an initial hearing,
the hearing examiner shall be presented with the notice of parking
or Municipal Code violation, if one was issued, towing sheet and any
other records relating to the towing and/or immobilization of said
vehicle. The vehicle owner or person entitled to possession of the
vehicle shall be given the opportunity to present evidence. If there
is no factual dispute between the City records presented and the evidence
presented by the owner or person entitled to possession of the vehicle,
the hearing examiner shall make a determination after the initial
hearing. If a factual dispute arises, the hearing examiner shall adjourn
the hearing, which shall be promptly rescheduled to continue at the
next feasible date that the police officer or other person with knowledge
of the towing and/or immobilization can be compelled to appear.
[Amended 7-14-1998 by Ord. No. 98-300]
(4)
The authority of the hearing examiner shall be limited
solely to determining whether there was probable cause for the towing
and/or immobilization of the vehicle, which probable cause shall include
towing of vehicles used in connection with the commission of a violation
of the Municipal Code for which towing is authorized, towing due to
an accident, towing for safekeeping incident to an arrest or towing
in other situations where the driver of said vehicle is no longer
capable of safely operating said vehicle. Authorization for such towing
and/or immobilization by any state or local law, ordinance, rule or
regulation shall always constitute sufficient probable cause. A determination
regarding towing and/or immobilization shall be independent of a determination
on a parking or Municipal Code violation or violation of law, and
shall not be dependent upon a finding of guilt on a parking or Municipal
Code violation or violation of law. Other than a lack of probable
cause, the only defenses available to a vehicle owner in such a hearing
shall be that the motor vehicle used in the violation was stolen at
the time of the violation and the theft was reported to the appropriate
police authorities within 24 hours after the theft was discovered
or reasonably should have been discovered, or that the motor vehicle
was operating as a common carrier and the violation occurred without
the actual knowledge of the person in control of the motor vehicle.
It shall not otherwise be a defense that a violation occurred while
the vehicle owner was not present or that the vehicle owner did not
consent to the acts constituting a violation.
[Amended 6-15-1993 by Ord. No. 93-173; 6-18-1996 by Ord. No. 96-204; 7-14-1998 by Ord. No. 98-300]
(5)
If probable cause is present for the towing and/or
immobilization of a vehicle, the hearing examiner must require the
payment of all applicable fees to obtain the release of a vehicle.
A hearing examiner shall not have the power to alter the amount of
any fee relating to the towing and/or immobilization and storage of
a vehicle. If the hearing examiner determines that the towing and/or
immobilization of a vehicle was not supported by probable cause, towing
and/or immobilization and storage fees shall be forgiven, and the
vehicle shall be released without payment, or a posted bond shall
be returned, or fees already paid shall be refunded.
(6)
The Parking and Municipal Code Violations Bureau shall provide for appeals of such determinations in the same manner as appeals of parking violations and shall require the posting of a bond or the payment of all fees before an appeal may be taken. An appeal shall not stay the sale of any vehicle not redeemed by the time limits contained in § 111-72C of the Municipal Code.
[Amended 7-14-1998 by Ord. No. 98-300]
(7)
The determination of the appeals board shall be the
final determination of the Parking and Municipal Code Violations Bureau
and shall be reviewable only pursuant to Article 78 of the Civil Practice
Law and Rules.
[Amended 7-14-1998 by Ord. No. 98-300]
[Added 10-15-1958; amended 11-24-1970 by Ord. No. 627; 2-28-1978 by Ord. No. 78-124; 11-1-1978 by Ord. No. 78-554; 2-13-1979 by Ord. No. 79-50; 11-12-1985 by Ord. No. 85-480]
A.
When the Commissioner of Environmental Services advises
the Mayor that snowplowing operations will be prevented by vehicles
parked on City streets to the extent that the streets cannot be adequately
plowed, the Mayor may declare an emergency and restrict parking along
City streets. Such emergency shall be publicized by an announcement
over not less than two radio or television stations whose normal operating
range covers the City of Rochester. Until announcement is made in
a similar manner that the emergency is over, no vehicle shall be parked
or abandoned along any street in violation of the restrictions placed
by the Mayor in his or her declaration. The Mayor's declaration of
emergency may include any or all of the following restrictions:
[Amended 2-14-2006 by Ord. No. 2006-22]
(1)
Snow emergency restrictions: Parking may be prohibited
along designated snow routes.
(2)
Parking emergency restrictions: Parking may be prohibited
along residential streets in the city.
(3)
Plowing day restrictions: Parking may be prohibited
on one side of a residential street in accordance with the parking
schedule for alternate street parking. If plowing day restrictions
are placed in effect, all other parking restrictions relating to a
specific street shall remain in full force and effect.
B.
Any vehicle parked or abandoned in violation of a parking restriction placed by the Mayor in accordance with the provisions of this section may be removed, stored and redeemed in accordance with the provisions set forth in § 111-72B of the Municipal Code.
[Amended 11-29-1988 by Ord. No. 88-434]
C.
The Police Department and Parking Bureau personnel
may cite violations of any parking restrictions placed by the Mayor
in accordance with the provisions of this section by referring to
the violation as a "snow emergency" or "snow parking emergency" violation.
[Amended 6-15-2010 by Ord. No. 2010-195[1]]
[1]
Editor’s Note: This ordinance provided an effective
date of 7-1-2010.
[1]
Editor's Note: Former § 111-74,
Vehicular traffic prohibited, added 12-12-1961, was repealed 6-14-1988
by Ord. No. 88-219.
[Added 7-14-1998 by Ord. No. 98-300; amended 9-6-2005 by Ord. No. 2005-278; 3-17-2015 by Ord. No.
2015-58]
A.
Legislative intent. The City Council hereby finds and determines
that violations of laws and codes affecting quality-of-life issues,
including prostitution offenses, controlled substances offenses, and
violations of illegal weapons provisions, are degrading to the persons
involved, often lead to the commission of other offenses, disrupt
the peace and quiet of the neighborhood where such offenses occur
and are detrimental to the health, safety and welfare of residents
and visitors in the City. Enforcement of such offenses also imposes
an enormous burden on the City in terms of providing sufficient law
enforcement personnel to combat these offenses and to maintain the
peace and security of City streets and neighborhoods. The Council
further finds that such offenses are frequently committed by persons
who do not live in the neighborhood where the acts occur and who travel
to and from said neighborhoods in a motor vehicle, that the acts constituting
such offenses are often committed in or from a motor vehicle or that
a motor vehicle is used to transport contraband or materials involved
in the offense to the location where the acts occur. The Council finds
that local legislation is needed to abate nuisances involving the
use of motor vehicles by providing for the towing of motor vehicles
used in connection with quality-of-life offenses.
B.
CONTROLLED SUBSTANCES OFFENSE
ILLEGAL WEAPONS OFFENSE
PROSTITUTION OFFENSE
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Any act or conduct which would constitute an offense under
Article 220 or Article 221 of the Penal Law, or an attempt to commit
the same.
Any act or conduct which would constitute a violation of
Article 265 of the New York State Penal Law, or an attempt to commit
the same.
Any act or conduct which would constitute an offense under
Article 230 of the New York State Penal Law, or an attempt to commit
the same.
C.
Towing.
(1)
It is the policy of the City of Rochester that when persons are arrested for prostitution, controlled substances or illegal weapons offenses or violations of § 47-5 of the Municipal Code (Firearms, shotguns, rifles and other dangerous weapons), and the act or acts constituting the offense take place in or from a motor vehicle, or when the persons arrested are in or about or arrived by a motor vehicle, or if the motor vehicle is otherwise used to facilitate the act or acts constituting the offense, such motor vehicle shall be towed, pursuant to the arrest, to a vehicle pound designated by the Chief of Police. The provisions of § 111-72 of the Municipal Code shall apply to such motor vehicles.
(2)
Whenever a police officer has probable cause to believe that a motor vehicle is subject to towing pursuant to this section, the police officer shall provide for the towing of the motor vehicle to a vehicle pound designated by the Chief of Police. Such towing shall be deemed an abatement of a nuisance and at the risk and expense of the vehicle owner or person entitled to the vehicle or person operating the vehicle. Such costs shall not be deemed to be a penalty. When the motor vehicle is towed, the police officer shall notify the person who is found to be in control of the motor vehicle at the time of the alleged violation, if there is such a person, of the fact of the towing and of the vehicle owner's right to request a hearing to be conducted in accordance with § 111-72H of the Municipal Code. Other than a lack of probable cause, the only defenses available to a vehicle owner in such a hearing shall be that the motor vehicle used in the violation was stolen at the time of the violation and the theft was reported to the appropriate police authorities within 24 hours after the theft was discovered or reasonably should have been discovered, or that the motor vehicle was operating as a common carrier and the violation occurred without the actual knowledge of the person in control of the motor vehicle. It shall not otherwise be a defense that the violation occurred while the vehicle owner was not present, or that the vehicle owner did not consent to the acts constituting the violation. The provisions of § 111-72 of the Municipal Code shall apply to motor vehicles towed pursuant to this section.
[1]
Editor's Note: Former § 111-75,
Alternate street parking, added 12-14-1971 by Ord. No. 71-743, was
repealed 6-14-1988 by Ord. No. 88-219.
[Added 6-27-1978 by Ord. No. 78-314]
A.
The Bureau of Neighborhood Preservation shall issue
parking permits to handicapped residents of the City through its Neighborhood
Service Centers in accordance with rules and regulations adopted by
the Commissioner of Neighborhood and Business Development for this
purpose.
[Amended 3-19-2002 by Ord. No. 2002-76; 7-23-2002 by Ord. No. 2002-243; 4-20-2016 by Ord. No. 2016-97; 5-17-2016 by Ord. No. 2016-135[1]]
[1]
Editor’s Note: This ordinance provided an effective
date of 7-1-2016.
B.
No person shall stop, stand or park a vehicle in an
area designated for handicapped parking unless the vehicle bears a
valid parking permit for handicapped persons or a special motor vehicle
registration for vehicles owned by severely disabled persons and such
vehicle is being used for the transportation of a severely disabled
or handicapped person.
[Amended 4-15-1987 by Ord. No. 87-77]
[Added 8-8-1978 by Ord. No. 78-396]
A.
Any unattended vehicle found parked upon a street
or on any City-owned property or property under the jurisdiction or
control of the City which is owned by or registered to a person against
whom three or more notices of violation alleging a failure to comply
with any state or local law, ordinance, rule or regulation concerning
the parking, stopping or standing of vehicles and/or notices of liability
alleging a failure to comply with traffic-control indications under
a program established in accordance with § 1111-b of the
New York State Vehicle and Traffic Law, which notices of violation
and/or notices of liability have not been satisfied within 90 days
of their service or mailing and at least one of which for New York
vehicles has resulted in judgment, may be immobilized by or under
the direction of a police officer or the Parking Director in such
a manner as to prevent its operation. No such vehicle shall be immobilized
by means other than by the use of a device or mechanism which will
cause no damage to the vehicle unless it is moved while the device
or mechanism is in place.
[Amended 2-28-1944 by Ord. No. 84-68; 12-15-2009 by Ord. No. 2009-408; 5-11-2010 by Ord. No.
2010-146[1]]
[1]
Editor’s Note: This ordinance provided an effective
date of 7-1-2010.
B.
It shall be the duty of a police officer or the Parking
Director immobilizing a vehicle, or under whose direction a vehicle
is immobilized, to cause to be placed on such vehicle, in a conspicuous
manner, notice sufficient to warn any individual that the vehicle
has been immobilized and that any attempt to move the vehicle may
result in damage to the vehicle.
[Amended 12-15-2009 by Ord. No. 2009-408]
C.
The owner or person entitled to possession of such vehicle may secure the release of the vehicle by complying with the rules and regulations of the Parking Violations Bureau concerning all outstanding notices of violation and/or notices of liability described in Subsection A against said person and by payment of the sum of $85 for the removal of the immobilization device or mechanism. The owner or person entitled to possession of such vehicle shall also be responsible for the return the immobilization device or mechanism to the City and shall be responsible for an additional fee of $25 per day for each day, or part thereof, after the first 48 hours, for which the immobilization device or mechanism is not returned to the City, up to a maximum of $500.
[2]
Editor’s Note: This ordinance provided an effective
date of 7-1-2010.
D.
If the owner or person entitled to possession of such vehicle fails to secure its release within 24 hours after the vehicle is immobilized, the vehicle may be removed and stored in accordance with § 111-72 of this chapter. Such vehicle shall not be released until the owner or person entitled to possession has complied with the rules and regulations of the Parking Violations Bureau concerning all outstanding notices of violation and/or notices of liability described in Subsection A against said person and has paid the fees for the removal and return of the immobilization device or mechanism and all removal and storage fees. Immobilization, towing and storage fees may be challenged in the Parking Violations Bureau in accordance with § 11172H of the Municipal Code.
[3]
Editor’s Note: This ordinance provided an effective
date of 7-1-2010.
[Added 8-14-1979 by Ord. No. 79-388; amended 11-10-1981 by Ord. No. 81-437; 6-18-2002 by Ord. No. 2002-199; 8-24-2004 by Ord. No.
2004-288]
Upon application in writing to the City Engineer, a permit may be issued for the operation and movement of a vehicle or combination of vehicles, the weights or dimensions of which exceed the limitations set forth in § 385 of the New York Vehicle and Traffic Law, provided that no such permit may be issued for the towing of more than two vehicles. Such permit may contain restrictions relating to the routes to be traversed, the hours of operation and such other restrictions and conditions as the City Engineer deems to be appropriate. A permit allowing operation and movement of a self-propelled rubber-tired vehicle or vehicles may be issued to the owner thereof on an annual basis, so long as satisfactory proof is given by the owner to justify the issuance of such annual permit. In all other instances involving vehicles which carry an over-dimension load or an overweight load, and in other instances deemed appropriate by the City Engineer, a permit shall be obtained for each operation or use, and permission must be given for the route to be traveled. All permits issued hereunder shall be revocable by the City Engineer at his or her discretion without a hearing or the necessity of showing cause for the revocation. The fees for such permits are set forth in § 104-57B of the Municipal Code.
[Added 2-23-1982 by Ord. No. 82-63]
No person shall stop, stand or park a vehicle
off a street on property owned or leased by the City or the Rochester
Urban Renewal Agency other than property designated as a parking station
or containing a parking garage, except that authorized persons may
park in areas specifically constructed to provide parking at City
buildings.
[Added 6-15-2021 by Ord. No. 2021-217]
A.
Operation of off-road motorized vehicles prohibited.
(1)
Public property. No person shall operate an off-road motorized vehicle
on public rights-of-way, including but not limited to streets, sidewalks,
and tree lawns, nor on any trail, park, parking garage or any other
property owned or leased by the City, except as expressly authorized
in state law or on streets designated for such use by the Traffic
Control Board.
(2)
Private property. No person shall operate an off-road motorized vehicle
on private property in the City unless such person has first obtained
the express consent of the owner of such property to operate the off-road
motorized vehicle on the property.
B.
Penalties for offenses; impoundment and redemption.
(1)
The City of Rochester Traffic Violations Agency shall have jurisdiction over penalties imposed pursuant to Subsection B(2) herein.
(3)
An off-road motorized vehicle operated in violation of § 111-80A may be immediately removed to a vehicle pound designated by the Chief of Police and stored by the Rochester Police Department pending the identification of the owner if registered with the New York State Department of Motor Vehicles (NYSDMV). If a titled owner is so identified by NYSDMV, such titled owner shall be sent notice of the impoundment by certified mail at the address on file with NYSDMV within seven days of the impoundment. Neither the Rochester Police Department nor the City of Rochester, nor any agent or employee thereof, shall be liable for any damages arising out of the provision of an erroneous name or address of such owner.
(4)
The owner of the off-road motorized vehicle operated in violation of § 111-80A may redeem such off-road motorized vehicle within 30 days of the impoundment upon satisfactory proof of ownership, proof of payment of applicable penalties, and payment to the Chief of Police of a redemption fee of $500 if it is the first time such vehicle has been impounded, or $2,000 if such vehicle has been previously impounded or if the operator was previously operating an off-road motorized vehicle which was impounded, in addition to a towing fee of $140, and a storage fee of $40 per day for each day impounded. If an off-road motorized vehicle is not claimed within 30 days of being impounded, ownership shall vest in the City, and the off-road motorized vehicle may be sold for scrap.
C.
Proof of ownership.
(1)
Acceptable proof of ownership for ATVs and dirt bikes shall include:
(a)
Transferable registration from the Department of Motor Vehicles.
(2)
Acceptable proof of ownership for all other off-road motorized vehicles
shall include:
(a)
A bill of sale or receipt from a certified seller or reseller
that includes the vehicle's serial number.
(b)
If the off-road motorized vehicle was bought from an individual,
a notarized bill of sale or receipt from the previous owner, provided
to the Chief of Police by the previous owner, which includes the vehicle's
serial number as well as other details about the vehicle including
make and color, along with notarized documentation stating when, where,
and how the previous owner obtained the off-road motorized vehicle.
(c)
If the above acceptable documents are not available to show
ownership, a "Statement of Ownership" form filed with the Department
of Motor Vehicles prior to the confiscation of the vehicle may be
acceptable.
D.
The prohibitions and penalties set forth in this section shall not
apply to police officers or authorized employees or security guards
while performing their official duties, nor to persons with a permit
in writing from the Chief of Police or Director of Communications.
[1]
Editor's Note: Former § 111-80,
Mobile vending stands, added 5-25-1982 by Ord. No. 82-197, as amended,
was repealed 12-20-2005 by Ord. No. 2005-404.
[Added 12-28-1982 by Ord. No. 82-558; amended 7-16-1985 by Ord. No. 85-291; 11-12-1985 by Ord. No. 85-480; 11-14-1994 by Ord. No. 94-339[1]]
A.
Findings and authority. The Corn Hill section of Rochester
is a residential neighborhood adjacent to the central business district.
It is one of the older neighborhoods in the city, containing many
narrow and one-way streets that are not conducive to heavy traffic,
especially in winter. Many of the properties in the neighborhood do
not contain adequate space for driveways. As a result, the streets
within the area generally represent the only space available to residents
for parking. Because of the proximity of the area to downtown, many
of the people who work in the central business district use the streets
within Corn Hill for daily long-term parking. Other than for parking,
many of the downtown workers would have no reason to drive on the
residential streets of the Corn Hill Neighborhood while going to and
from their place of employment. Use of the neighborhood residential
streets by downtown workers is inconsistent with the residential character
of the neighborhood; leads to traffic hazards and congestion and attendant
noise, litter and air pollution; poses a hazard to residents and other
pedestrians; and severely diminishes the amount of parking space available
to residents of the Corn Hill Neighborhood. The Council hereby finds
that because of the unique circumstances and location of the Corn
Hill Neighborhood, the establishment of a residential parking system
in such neighborhood is necessary in order to preserve the character
of this residential district by reducing neighborhood noise, litter
and air pollution; improving access to dwelling units and parking
for residents and visitors; improving the efficiency of City services
such as street maintenance, snow plowing, street-sweeping, garbage
collection and the movement of emergency vehicles; encouraging carpooling
and the use the mass transit; and reducing hazardous traffic conditions
and congestion to provide for the health, safety, peace, good order
and comfort of the residents of the neighborhood. This residential
parking system is adopted pursuant to § 1640-b of the Vehicle
and Traffic Law.
B.
The Traffic Control Board shall designate parking
spaces along the streets in the Corn Hill Neighborhood for residential
parking only in accordance with this section. Such spaces shall be
designated within the area generally bounded by Ford Street, Exchange
Boulevard and the Inner Loop. No such residential parking spaces shall
be designated on streets where the adjacent properties are zoned for
commercial/retail use. Not less than 20% of all spaces within the
Corn Hill Neighborhood shall remain available for short-term parking
by all persons of not less than 90 minutes in duration. The residential
parking system shall be in effect Monday through Friday, from 8:00
a.m. to 5:00 p.m. Residential parking permits, employee parking permits
and visitor’s passes shall only be valid for the parking of
passenger cars and minivans designed and constructed so as to seat
nine persons or fewer, not including the driver, and pickup trucks
and motorcycles. They shall not be valid for parking of oversized
vehicles, such as campers, mobile homes, large trucks or tractor-trailer
cabs and rigs.
[Amended 3-19-2013 by Ord. No. 2013-61[2]]
C.
The City Clerk shall issue the residential parking
permits, employee parking permits and visitor's passes provided for
under this section and shall establish rules and regulations, subject
to the approval of the Mayor, relating to the application for and
issuance of such parking permits and passes. The Parking Director
shall establish rules and regulations, subject to the approval of
the Mayor, relating to the use of such parking permits, and passes.
Either the City Clerk or the Parking Director may suspend any parking
permit or pass privileges for a period not to exceed 12 months for
violation of said rules and regulations. No such suspension shall
be effective unless the City Clerk or the Parking Director has given
the permit or pass holder at least 10 days' written notice of the
charges against the holder and offered the holder an opportunity to
be heard, either in writing or at a meeting, on said charges.
D.
The fee for a residential parking permit with up to
two visitor’s passes, or an employee parking permit, shall be
$24 per year. The fee for a visitor’s pass obtained by a resident
without a residential parking permit, or obtained by a business, shall
be $12 per year. All such fees shall be credited to the general fund
of the City. Such permits and passes shall expire on July 31 of each
year.
E.
No person shall park a vehicle nor allow a vehicle
to be parked in a parking space along a street in the Corn Hill Neighborhood
which has been designated by the Traffic Control Board for residential
parking only, unless said vehicle shall have affixed thereto a valid
residential parking permit or employee parking permit, or unless said
vehicle shall display a valid visitor's pass, or unless said vehicle
is registered in accordance with § 404-a of the Vehicle
and Traffic Law and said vehicle is being used for the transportation
of a disabled person.
[Added 5-22-1984 by Ord. No. 84-189; amended 11-12-1985 by Ord. No. 85-480; 6-14-1988 by Ord. No. 88-219; 6-15-2021 by Ord. No. 2021-217[1]]
A.
No person shall operate a snowmobile on property owned or leased
by the City, nor on City streets or rights-of-way, except as expressly
authorized in state law or on streets designated for such use by the
Traffic Control Board.
B.
This section shall not apply to police officers, authorized employees
or authorized security guards while performing their official duties,
nor to persons with a permit in writing from the Chief of Police.
[Amended 2-24-1942; 12-11-1945; 1-22-1952; 3-25-1952; 5-10-1955; 3-13-1956; 5-27-1958; 1-27-1970 by Ord. No. 70-36; 6-29-1971 by Ord. No. 71-374; 9-12-1972 by Ord. No. 72-439; 11-12-1974 by Ord. No.
74-396]
The Traffic Control Board, heretofore established
by ordinances adopted by the Council of the City of Rochester, is
hereby continued and reestablished as follows:
A.
The Traffic Control Board shall consist of the Chief
of Police, the Fire Chief, the Commissioner of Neighborhood and Business
Development, the Monroe County Director of Transportation, the Corporation
Counsel, the Director of Finance and the City Engineer, or their designees.
The City Engineer shall chair said Board.
[Amended 6-14-1988 by Ord. No. 88-219; 11-14-1995 by Ord. No. 95-368; 6-16-2009 by Ord. No.
2009-179; 4-25-2023 by Ord. No. 2023-130]
B.
The Traffic Control Board is hereby delegated and
shall exercise all the powers to regulate traffic, authorized by the
applicable provisions of Article 39 of the New York State Vehicle
and Traffic Law.
C.
The Traffic Control Board, pursuant to Article 39
of the Vehicle and Traffic Law, shall regulate matter relating to
traffic in the City of Rochester by designations, orders, rules and
regulations which shall take effect unless specifically disapproved
in writing by the Mayor. All designations, orders, rules and regulations
heretofore made by the Traffic Control Board are hereby continued
and in all respects confirmed unless specifically disapproved in writing
by the Mayor.
[Amended 11-12-1985 by Ord. No. 85-480]
D.
The Traffic Control Board shall adopt administrative
procedures to govern all its proceedings and shall maintain accurate
records of its proceedings.
If any part or parts of this chapter are for
any reason held to be invalid, such decisions shall not affect the
validity of the remaining portions of this chapter.
[Amended last 5-22-1990 by Ord. No. 90-198]
A.
The fines and penalties for traffic infractions which
constitute a parking violation shall be as follows:
[Amended 6-19-1990 by Ord. No. 90-223; 6-18-1991 by Ord. No. 91-259; 7-16-1991 by Ord. No. 91-329]
(1)
Fine for original charge:
(a)
Overtime or expired time for meter, paystation,
or nonmeter parking: $25.
(b)
Restricted area: $35.
[1]
Alternate parking.
[2]
More than 12 inches from curb.
[3]
Loading zone.
[4]
Loss than 20 feet from corner.
[5]
No parking area.
[6]
Less than five feet from driveway.
[7]
Keys in vehicle.
[8]
Motor running.
[9]
Expired inspection.
[Amended 5-17-2016 by Ord. No. 2016-137]
[10]
Left side to curb.
[11]
Bus stop.
[12]
No-standing zone.
[13]
(Reserved)
[14]
Double parking.
[15]
On sidewalk.
[16]
Occupying more than one space (garage or meter).
[17]
Parking without a permit in residential areas.
[18]
Parking a compact vehicle in a full-size space
in a parking garage.
[19]
Parking without a valid sticker in spaces designated
for rideshare participants.
[20]
Parking without a valid permit in spaces designated
for the judiciary in the Civic Center Garage.
[21]
Parking without authorization in designated
reserved parking spaces in a parking garage.
[22]
Parking in a designated space in a parking garage
during prohibited hours.
[23]
Hazardous flasher parking zone.
(c)
Parking restrictions during snow operations:
$35.
[Amended 6-16-1995 by Ord. No. 95-201; 10-15-2013 by Ord. No. 2013-348]
(e)
Less than 15 feet from hydrant: $90.
(2)
Additional penalties. If the person charged fails to respond to a notice of violation for a parking violation within 30 days after the violation, said person shall be liable for an additional penalty equal to the amount of the fine for the original charge plus $10, except that the additional penalty for violations of Subsection A(1)(d) and (e) above shall be $85. If the person charged fails to respond to a notice of violation for a parking violation within 75 days after the violation, said person shall be liable for another additional penalty in an amount of $20, except that the total additional penalty for violations of Subsection A(1)(d) and (e) above shall be $95. Failure to respond to a notice of violation for a parking violation within 90 days after the violation shall be deemed an admission of liability and shall subject the owner to a default judgment being entered thereon in the amount of the fine and all accrued penalties. If a person is found guilty of a parking violation after a hearing in the Parking Violations Bureau, the amount of the judgment shall be fixed by the hearing examiner at the total amount of the fine and any accrued penalties due at the time the hearing was requested.
[Amended 4-13-1993 by Ord. No. 93-108; 8-21-2012 by Ord. No. 2012-320]
B.
Violations of this chapter other than parking violations and other than violations of § 111-80 regarding off-road motorized vehicles may be punishable by a fine not exceeding $150 or imprisonment not exceeding 15 days, or by both such fine and imprisonment, or by a penalty of not less than $25 nor more than $500 to be recovered by the City of Rochester in a civil action.
[Amended 6-15-2021 by Ord. No. 2021-217]
C.
The fee for a scofflaw clearance to the Department
of Motor Vehicles shall be $15.
[Amended 5-12-1992 by Ord. No. 92-182]
