The provisions of this article shall apply except
when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or
official traffic control device.
The parking of vehicles is prohibited at all times in those streets or parts of streets described in Schedule X (§
90-49).
[Amended 9-6-1988 by L.L. No. 4-1988; 9-20-2005; 11-18-2008 by L.L. No. 5-2008]
A. The Board of Trustees of the Village of Pelham has
determined that:
(1) Parking motor vehicles overnight on the streets within
the Village of Pelham hinders governmental operations, including but
not limited to:
(a)
Cleaning and sweeping streets;
(b)
Removing snow and ice from the roadways;
(c)
Locating and identifying stolen or abandoned
vehicles; and
(d)
Protecting residents and their property.
(2) Many buildings located in the Village are old and
were constructed without providing adequate off-street parking facilities
for the users of the property.
(3) The owner of a premises is responsible for providing
adequate off-street parking facilities for the users of the premises.
(4) The complete and absolute prohibition of overnight
parking on the streets within the Village may create an extreme hardship
to some owners and/or operators of motor vehicles.
(5) A partial prohibition of overnight parking with a
narrow exception for hardship will allow the Village to perform its
governmental functions and provide relief to those who would otherwise
suffer undue hardship.
B. It is prohibited to park motor vehicles on the streets
within the Village of Pelham between the hours of 2:00 a.m. and 6:00
a.m. except as set forth below:
(1) All-night parking of passenger vehicles is permitted
at those locations which the Village Board of Trustees has specifically
authorized for that purpose.
(2) Parking at the long-term parking meters on First Street
east of Wolf's Lane is only prohibited between the hours of 2:00 a.m.
and 5:00 a.m.
(3) An individual who has been granted a hardship overnight
parking exemption (HOPE) may park on the street overnight.
C. A HOPE will be granted if the following conditions
are met:
(1) No driveway or parking area is provided on the premises,
and there is no area on the premises where a driveway or parking area
can be constructed by the owner;
(2) The applicant is disabled and cannot walk to the nearest
municipal lot; and
(3) The applicant either owns a motor vehicle registered
pursuant to § 404-a of the Vehicle and Traffic Law of New
York State or holds a valid permanent or temporary handicapped parking
permit issued by the Town of Pelham pursuant to § 1203-a
of the Vehicle and Traffic Law of New York State.
D. A temporary HOPE is available to the owner or operator
of a motor vehicle who has a temporary need to park a motor vehicle
at a premises where no parking is provided or available. A temporary
HOPE allows the holder to park a passenger motor vehicle overnight
on the street at a specific address for a maximum of five consecutive
nights, provided that the applicant is not a regular occupant or user
of such premises. A temporary HOPE may be obtained from the Police
Department, which shall obtain the name and address of the applicant,
license plate number of the vehicle to be parked on the street overnight
and the address of the premises near which the vehicle will be parked.
A temporary HOPE granted pursuant to this subsection shall not be
renewable or granted to the same applicant or vehicle for a period
of one month from the date of the expiration of the temporary HOPE.
E. No HOPE shall be granted:
(1) For the following vehicles:
(c)
Any vehicle used primarily for livery or commercial
purposes; or
(d)
Any vehicle for which there are three or more
outstanding unanswered parking summonses issued by the Village of
Pelham.
(2) To any applicant who is the owner or related to the
owner of the premises and who does not use the parking space on the
premises for his or her car.
(3) To create additional parking at a premises that has
limited or no parking.
F. Procedure to apply for a hardship overnight parking
exemption (HOPE):
(1) An applicant for a HOPE shall obtain the application
form from the Village. Then the applicant shall submit to the Village
Clerk a completed application form, the required supporting documentation
and the nonrefundable annual fee to be set by resolution of the Board
of Trustees.
(2) The Village Clerk shall process the HOPE application
and investigate whether the applicant meets the requirements for a
HOPE. If so, the Village Clerk will issue a HOPE permit that will
be valid until the end of the calendar year. The permit will cover
one vehicle, owned or operated by the applicant, which is to be parked
at a specific address. No more than one HOPE permit will be issued
to any dwelling unit. Any appeals of the Village Clerk's decision
will be heard and decided by the Village Administrator.
(3) All applications for a HOPE permit must include the
following documents:
(a)
A copy of the applicant's valid driver's license;
(b)
A copy of the car registration for the passenger
vehicle for which the HOPE will be used;
(c)
Payment of the annual fee to be established
by resolution of the Board of Trustees;
(d)
A copy of the applicant's current New York State
Motor Vehicle Form 664.1 with its medical certification completed;
(e)
A copy of the driver's valid, current, handicapped
parking permit issued pursuant to § 1203-a of the Vehicle
and Traffic Law of New York State or a copy of the registration of
the passenger car issued pursuant to § 404-a of the Vehicle
and Traffic Law of New York State; and
(f)
The applicant's written explanation of why he
or she neither has nor can create adequate, accessible parking at
the location where he or she must park overnight and why the issuance
of a HOPE permit is necessary because of his or her disability.
G. To renew the HOPE, the applicant must submit an updated
application form and pay the annual fee set by resolution of the Board
of Trustees.
H. A HOPE will terminate:
(1) If an updated application form is not submitted annually;
(2) If the annual fee is not paid;
(3) If the applicant's vehicle is sold or its title is
transferred;
(4) If the applicant's driver's license or vehicle registration
is suspended or revoked;
(5) If the insurance for the vehicle is canceled; or
(6) If any of the facts set forth in the application change
materially, and the changed circumstances no longer satisfy the requirements
for a HOPE.
I. Whenever a vehicle subject to a HOPE is parked on
the street overnight, the HOPE permit must be displayed conspicuously
in the vehicle so that it is easily visible through the front windshield.
The standing of vehicles at any time is hereby prohibited in the locations described in Schedule XI (§
90-50).
The stopping of vehicles at any time is hereby prohibited in the locations described in Schedule XII (§
90-51).
The parking of vehicles is hereby prohibited in the locations described in Schedule XIII (§
90-52) during the times indicated of any day except Sundays and holidays, unless otherwise indicated.
The parking of vehicles is hereby prohibited in the locations described in Schedule XIV (§
90-53) for a longer period of time than that designated, during the hours indicated of any day except Sundays and holidays.