Village of Blasdell, NY Chapter 239 VEHICLES AND TRAFFIC

[HISTORY: Adopted by the Board of Trustees of the Village of Blasdell 3-24-1964 as Ch. 36 of the 1964 Code of the Village of Blasdell; reenacted and readopted as amended 11-7-1966. Subsequent amendments noted where applicable.]

GENERAL REFERENCES

Streets and sidewalks — See Ch. 214.

Junk vehicles — See Ch. 244.

§ 239-1 Definitions.

A. The words and phrases used in this chapter shall, for the purpose of this chapter, have the meanings respectively ascribed to them by Article I of the Vehicle and Traffic Law of the State of New York.

B. The following words and phrases which are not defined by Article I of the Vehicle and Traffic Law of the State of New York shall have the meanings respectively ascribed to them in this section for purposes of the traffic regulations of this village:

HOLIDAYS

New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day.

§ 239-2 Authority to install traffic control devices.

[Amended 12-23-1992 by L.L. No. 1-1992; 7-17-1996 by L.L. No. 2-1996]

The Police Department of the Village of Blasdell shall install and maintain traffic control devices when and as required under the provisions of this chapter to make effective the provisions and may install and maintain such additional traffic control devices as the Police Administrator or, in an emergency only, as the Head of the Department of Public Works of the Village of Blasdell may deem necessary to regulate, warn or guard traffic under the Vehicle and Traffic Law of the State of New York subject to the provisions of §§ 1682 and 1684 of that Law.

§ 239-3 Traffic control signals.

The intersection of Madison Avenue with South Park Avenue is hereby designated as a stop intersection and a flashing signal shall be installed with flashing red indications displayed east and west on Madison Avenue and flashing yellow indications displayed north and south on South Park Avenue. The flashing signal located at said intersection of Madison Avenue and South Park Avenue shall be a three-section, four-faced signal head operating with flashing colors as aforesaid and with pedestrian push buttons located at the southwest and northeast corners of the Madison Avenue crosswalk.

Editor's Note: Original Subsection A, which immediately preceded this section and provided that the intersection of Oakwood Avenue at South Park Avenue be a stop intersection with a flashing signal, was repealed 8-17-1988 by L.L. No. 5-1988.

§ 239-3.1 Right turns during school hours prohibited.

[Added 7-15-1998 by L.L. No. 3-1998]

A. Title. This section shall be known and cited as "Local Law No. 3 of 1998," which partially restricts vehicular traffic from making right-hand turns during school hours (7:00 a.m. until 6:00 p.m.).

B. Subject of local law. Effective upon this section's adoption, all vehicles driven on two highways of the Village of Blasdell designated as South Park Avenue and Madison Avenue

Editor's Note: See also § 239-3, Traffic control signals, for regulations regarding this intersection.

within the jurisdiction of the Village of Blasdell shall be restricted from making right-hand turns from either street to the other during school hours from 7:00 a.m. to 6:00 p.m.

C. Purpose. The above-referenced intersection intersects the heart of the Village of Blasdell's business district and is a heavily traveled intersection for all types of vehicular traffic. Traffic congestion and the number of vehicles render this intersection dangerous during school hours when young children cross said intersection for the purpose of school attendance at regular academic or extracurricular activities. The interest of safety to pedestrians of young age is of paramount importance to the Village of Blasdell. The minimal restraint upon the freedom of operators of motor vehicles during periods of dense pedestrian traffic is a minimal restraint which is well justified in light of the overriding concern for the health and safety of the children of this community.

D. Inconsistency. All prior resolutions, ordinances or local laws or portions thereof of the Village of Blasdell not consistent with this section in whole or in part shall be repealed as of this date of adoption of this section.

E. Penalties for offenses. Any operator of a motor vehicle as defined under the Vehicle Traffic Law of the State of New York who violates this section shall be subject to all of the punitive impositions that may be imposed upon any operator of a motor vehicle who makes an illegal right-hand turn in contravention of a prohibition against the same as is defined in the Vehicle and Traffic Law of the State of New York.

F. Notice. The Department of Public Works of the Village of Blasdell shall immediately undertake necessary arrangements for the posting of appropriate notice to the vehicular traffic proceeding on a southerly direction on South Park Avenue and vehicular traffic proceeding in an easterly direction on Madison Avenue in conformity with the regulations of the Department of Transportation of the State of New York.

G. Effective date. This section shall take effect on September 1, 1998, or immediately thereafter upon filing with the Secretary of State in accordance with § 27 of the Municipal Home Rule Law of the State of New York, and after appropriate notice in accordance with the rules and regulations of the Department of Transportation of the State of New York.

§ 239-4 Through streets.

The following described streets or parts of streets are hereby designated as through streets. Traffic control devices shall be installed on the described entrances thereto.

Name of Through Street	Name of Entrance Street	Direction from Which Entering	Type of Traffic Control Device
Avon Avenue	Grafton Avenue	South	Stop sign
Avon Avenue	Kent Avenue	South	Stop sign
Avon Avenue	Marlowe Avenue	South	Stop sign
Commercial Street [Added 10-6-1969]	Miriam Avenue	East	Stop sign
Commercial Street [Added 10-6-1969]	Orchard Avenue	East	Stop sign
Commercial Street [Added 10-6-1969]	Pearl Street	East	Stop sign
Electric Avenue	Frontier Drive	East	Stop sign
Electric Avenue	McGurk Avenue	East	Stop sign
Electric Avenue	Miriam Avenue	Both	Stop sign
Electric Avenue	Orchard Avenue	Both	Stop sign
Electric Avenue	Pearl Street	Both	Stop sign
LaBelle Avenue	Arthur Avenue	Both	Stop sign
LaBelle Avenue	Helen Avenue	Both	Stop sign
LaBelle Avenue	Madison Avenue	Both	Stop sign
LaBelle Avenue	Miriam Avenue	Both	Stop sign
Lake Avenue	Electric Avenue	North	Stop sign
Lake Avenue	LaBelle Avenue	Both	Stop sign
Lake Avenue	Martin Avenue	South	Stop sign
Lake Avenue	Silver Street	North	Stop sign
Maple Avenue	Electric Avenue	South	Stop sign
Maple Avenue	Grafton Avenue	Both	Stop sign
Maple Avenue	Kent Avenue	North	Stop sign
Maple Avenue	LaBelle Avenue	North	Stop sign
Maple Avenue	Marlowe Avenue	Both	Stop sign
Maple Avenue	Martin Avenue	North	Stop sign
Maple Avenue	Wabash Avenue	South	Stop sign
Pearl Street	Silver Street	South	Stop sign
Salisbury Avenue	Allen Street	Both	Stop sign
Salisbury Avenue	Arthur Avenue	Both	Stop sign
Salisbury Avenue [Repealed 9-3-1974 by L.L. No. 1-1974]
Salisbury Avenue	Madison Avenue	Both	Stop sign
Salisbury Avenue	Miller Avenue	Both	Stop sign
Silver Street	Gilbert Avenue	East	Stop sign
Silver Street	Miriam Avenue	Both	Stop sign
Silver Street	Orchard Avenue	Both	Stop sign
South Park Avenue	Allen Street	Both	Stop sign
South Park Avenue	Arthur Avenue	West	Stop sign
South Park Avenue	Avon Avenue	West	Stop sign
South Park Avenue	East Frontier	East	Stop sign
South Park Avenue	Elmwood Avenue	East	Stop sign
South Park Avenue	Frontier Drive	West	Stop sign
South Park Avenue	Gilbert Avenue	West	Stop sign
South Park Avenue	Helen Avenue	West	Stop sign
South Park Avenue	Linwood Avenue	East	Stop sign
South Park Avenue	McGurk Avenue	West	Stop sign
South Park Avenue	Miller Avenue	West	Stop sign
South Park Avenue	Miriam Avenue	West	Stop sign
South Park Avenue [Added 8-17-1988 by L.L. No. 6-1988]	Oakwood Avenue	East	Stop sign
South Park Avenue	Orchard Avenue	West	Stop sign
South Park Avenue	Pearl Street	West	Stop sign
South Park Avenue	Salem Drive	East	Stop sign

§ 239-5 Stop intersections.

The following described intersections are hereby designated as stop intersections, and traffic control devices shall be installed as follows:

Traffic Control Device On	Direction of Travel	At Intersection of	Type of Traffic Control Device
Allen Street	Both	Grafton Avenue	Stop sign
Allen Street	Both	Kent Avenue	Stop sign
Allen Street	Both	Marlowe Avenue	Stop sign
Allen Street	Both	Salisbury Avenue	Stop sign
Avon Avenue	Both	Salisbury Avenue	Stop sign
Grafton Avenue	Both	Allen Street	Stop sign
Helen Avenue [Added 9-3-1974 by L.L. No. 1-1974]	Both	Salisbury Avenue	Stop sign
Kent Avenue	Both	Allen Street	Stop sign
LaBelle Avenue [Added 7-17-1996 by L.L. No. 1-1996]	Both	Arthur Avenue	Stop sign
LaBelle Avenue	Both	Miller Avenue	Stop sign
LaBelle Avenue	North	Orchard Avenue	Stop sign
LaBelle Avenue	South	Maple Avenue	Stop sign
Lake Avenue	Both	Salisbury Avenue	Flashing red signal
Madison Avenue	Both	Salisbury Avenue	Stop sign
Madison Avenue (during school hours) [Repealed 2-15-1989 by L.L. No. 1-1989]
Maple Avenue [Added 10-6-1969]	Both	Martin Avenue	Stop sign
Maple Avenue [Amended 7-17-1996 by L.L. No. 1-1996]	Both	Salisbury Avenue	Stop sign
Marlowe Avenue	Both	Allen Street	Stop sign
Martin Avenue [Added 10-6-1969]	Both	Maple Avenue	Stop sign
Miriam Avenue [Added 2-15-1989 by L.L. No. 1-1989]	Both	Silver Street	Stop sign
Salisbury Avenue	Both	Allen Street	Stop sign
Salisbury Avenue	Both	Avon Avenue	Stop sign
Salisbury Avenue [Added 9-3-1974 by L.L. No. 1-1974]	Both	Helen Avenue	Stop sign
Salisbury Avenue	Both	Madison Avenue	Stop sign
Salisbury Avenue [Amended 7-17-1996 by L.L. No. 1-1996]	Both	Maple Avenue	Stop sign
Salisbury Avenue (during school hours) [Repealed 2-15-1989 by L.L. No. 1-1989]
Silver Street [Added 2-15-1989 by L.L. No. 1-1989]	Both	Miriam Avenue	Stop sign

§ 239-6 Speed limits.

[Amended 9-4-1985 by L.L. No. 3-1985; 8-21-1996 by L.L. No. 9-1996]

A. Thirty miles per hour is hereby established as the maximum speed at which vehicles may proceed within the corporate limits of this village, except on the following highway: South Park Avenue.

B. Thirty-five miles per hour is hereby established as the maximum speed at which vehicles may proceed within the corporate limits of this village on the following highways: South Park Avenue.

C. Twenty-five miles per hour is hereby established as the maximum speed at which vehicles may proceed within the corporate limits of this village on the following highways: Maple Avenue, Martin Avenue.

[Amended 10-7-1998 by L.L. No. 4-1998]

§ 239-7 Applicability of parking, standing and stopping provisions.

The provisions of §§ 239-7 through 239-19 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.

§ 239-8 Parallel parking.

Except where angle parking is authorized, every vehicle stopped, standing or parked upon a highway where there are no adjacent curbs shall be so stopped, standing or parked parallel with the edge of the roadway headed in the direction of lawful traffic.

§ 239-9 All night parking.

The parking of vehicles is hereby prohibited on all highways within this village between the hours of 1:00 a.m. and 6:00 a.m. beginning November 1 and ending March 31 of each year.

§ 239-10 Parking prohibited; no standing.

A. The parking of vehicles is hereby prohibited in any of the following locations:

Name of Street	Side	Location
Allen Street [Amended 4-21-1969]	South	Entire length
Arthur Avenue [Amended 4-21-1969]	South	Entire length
Avon Avenue [Amended 4-21-1969]	South	Entire length
Electric Avenue [Added 12-19-1966]	Both	From the northerly entrance of the village to Lake Avenue
Elmwood Avenue [Amended 4-21-1969]	South	Entire length
Frontier Drive [Added 3-20-1967]	North	Between South Park Avenue and a point 130 feet west of the curbline of South Park Avenue
Frontier Drive [Amended 4-21-1969]	South	Entire length
Gilbert Avenue [Amended 4-21-1969]	South	Entire length
Grafton Avenue	West	Entire length
Helen Avenue [Amended 4-21-1969]	South	Entire length
Kent Avenue	West	Entire length
LaBelle Avenue [Added 8-17-1988 by L.L. No. 4-1988]	East	From the intersection with Lake Avenue south 75 feet from the curbline of Lake Avenue
LaBelle Avenue	West	Entire length
Lake Avenue	North	Entire length
Lake Avenue [Added 7-19-1989 by L.L. No. 3-1989]	South	From its intersection with LaBelle Avenue to a point 80 feet east of the curbline of LaBelle Avenue
Lake Avenue [Added 7-19-1989 by L.L. No. 3-1989]	South	From its intersection with LaBelle Avenue to a point 70 feet west of the curbline of LaBelle Avenue
Lake Avenue [Added 2-2-1983 by L.L. No. 1-1983]	South	From the intersection with South Park Avenue to a point 162 feet east of the curbline of South Park Avenue
McGurk Avenue	North	Entire length
Madison Avenue	North	Entire length
Maple Avenue [Added 10-2-1972]	North	From South Park Avenue west to the Erie Lackawanna Railroad
Maple Avenue [Added 10-2-1972]	North	From the Erie Lackawanna Railroad west to the beginning of Pieczonka Drive
Maple Avenue [Added 9-3-1986 by L.L. No. 1-1986]	South	From the intersection with South Park Avenue to a point 100 feet west of the west curbline of South Park Avenue
Marlowe Avenue	West	Entire length
Martin Avenue	West	Entire length
Milestrip Road [Added 7-6-1970]	Both	Between the west village line and the entrance to Route 179
Miller Avenue	North	Entire length
Miriam Avenue [Amended 4-21-1969]	South	Entire length
Orchard Avenue [Amended 4-21-1969]	South	Entire length
Pearl Street [Amended 4-21-1969]	South	Entire length
Pieczonka Drive [Added 10-2-1972]	West	From Maple Avenue to the south terminus of Pieczonka Drive
Salisbury Avenue [Added 8-17-1988 by L.L. 4 1988]	East	Between the intersection with Lake Avenue south 75 feet from the curbline of Lake Avenue
Salisbury Avenue	West	Entire length
Silver Street [Added East 2-15-1989 by L.L. No. 1-1989]	East	From its intersection with Miriam Avenue to a point 50 feet north of the curbline of Miriam Avenue
Silver Street [Added 2-15-1989 by L.L. No. 1-1989]	East	From its intersection with Miriam Avenue to a point 50 feet south of the curbline of Miriam Avenue
Silver Street	West	Entire length
South Park Avenue	East	From Oakwood Avenue to Linwood Avenue

B. Parking is prohibited between the hours listed at the following locations:

Name of Street	Side	Hours/Days	Location
Lake Avenue [Amended 7-6-1970; 2-2-1983 by L.L. No. 1-1983; 9-3-1986 by L.L. No. 1-1986]	South	9:00 a.m. to 5:00 p.m./Monday through Friday	Between Martin Avenue and the west village line
Lake Avenue [Amended 7-6-1970; 2-2-1983 by L.L. No. 1-1983; 9-3-1986 by L.L. No. 1-1986]	South	9:00 a.m. to 5:00 p.m./Monday through Friday	Between South Park Avenue and a point 360 feet west to the west curbline of South Park Avenue
South Park Avenue [Added 9-16-1981 by L. L. No. 4-1981; amended 2-2-1983 by L.L. No. 1-1983	East	2:00 p.m. to 9:00 p.m./Monday through Saturday	Between the intersection with Lake Avenue running north 136 feet from the curbline of Lake Avenue

C. The above shall supersede the provisions of Subdivision (a)2b of § 1202 of the Vehicle and Traffic Law.

[Amended 3-20-1967; 2-2-1983 by L.L. No. 1-1983]

D. Standing of vehicles is hereby prohibited at the following locations:

Name of Street	Side	Location
Frontier Drive	North	Between South Park Avenue and a point 130 feet west of the west line of South Park Avenue
Helen Avenue [Added 9-19-1984 by L.L. No. 3-1984]	North	Between South Park Avenue and a point 130 feet west of the west line of South Park Avenue
Madison Avenue [Added 9-19-1984 by L.L. No. 3-1984]	South	Between South Park Avenue and a point 130 feet west of the west line of South Park Avenue

§ 239-11 Time limit parking.

A. The parking of vehicles is hereby prohibited in the following locations for a period of longer than two hours between the hours of 9:00 a.m. and 6:00 p.m., except on Sundays and holidays:

(1) In the off-street parking area operated by the Village of Blasdell at the corner of Silver Street and Lake Avenue in said Village of Blasdell.

(2) In the off-street parking area operated by the Village of Blasdell at the corner of Electric Avenue and Miriam Avenue in said Village of Blasdell.

[Added 8-17-1988 by L.L. No. 4-1988]

§ 239-12 Parking prohibited during school hours.

A. The parking of vehicles is hereby prohibited in any of the following locations between the hours of 8:00 a.m. and 4:00 p.m. on school days.

(1) On the south side of Madison Avenue from a point 25 feet east of the Frontier Central School crossing to a point 25 feet west of said crossing.

§ 239-13 Parking on premises or property other than streets.

[Added 10-2-1972]

No person shall park, stand, store or leave a motor vehicle upon any publicly or privately owned premises or property, parking areas or parking lot without the consent and permission of the owner or lessee of such premises.

§ 239-14 Posting of signs.

[Added 10-2-1972]

To effectuate the prohibition on such premises as above described, a conspicuous sign or signs shall be posted at the entrances to such parking lot or parking area informing the public as to the permitted conditions of parking thereon. Lettering as hereinafter described shall be deemed substantial compliance with this chapter.

Editor's Note: Certain signs within the village make reference to Section 36, Article 6, Village Ordinances, rather than to Chapter 239, Village Code. It is the intention of the village that references to Section 36, Article 6, Village Ordinances be read as Chapter 239, Village Code.

PARKING RESTRICTED (6 inches) EXCEPT FOR (list persons or conditions permitted) ONLY (4 inches) ALL OTHERS KEEP OUT (6 inches) UNDER PENALTY OF LAW — CHAPTER 239 VILLAGE CODE (2 inches) POLICE ENFORCEMENT (2 inches)

§ 239-15 Size and color of printing; interpretation.

[Added 10-2-1972]

Such signs or sign shall be at least two feet high by three feet wide with red lettering of a size not less than above indicated upon a white background. The bottom of such sign or signs shall be a minimum of seven feet above the adjacent driveway entrance. The words "Police Enforcement" and "Under Penalty of Law" on such signs shall be construed, among other things, to mean a request by the owner or lessee that the police or special patrolmen shall enforce the provisions of this section against persons parking, standing, storing or leaving vehicles on such premises without the consent of the owner or lessee, and that the police are authorized to enter upon such premises to enforce the provisions of this ordinance. Such sign or signs shall state the conditions of parking or the persons authorized by the owner or lessee to use said premises for parking or both, and persons not included within such authorization or violating the regulations and conditions set out on said signs shall be deemed to be using said premises unlawfully without the authority and consent of the owner or lessee.

§ 239-16 Ownership to be presumptive evidence of violation.

[Added 10-2-1972]

Proof of ownership of a vehicle shall be presumptive evidence in an action for enforcement of this chapter that the owner parked or caused his vehicle to be parked on such premises.

§ 239-17 Control of exits and entrances.

[Added 10-2-1972]

If such premises adjoin or abut upon a building or structure whose entrance or exits open upon such parking area, no vehicle shall be left parked, standing or placed in such manner as to obstruct such entrances or exits, and a clear, unobstructed passage shall be maintained and left open from such entrances or exits to the street or public right-of-way. Such passageway shall be equal in width to the width of said entrances or exits in each instance, but in no case shall be less than five feet wide, and shall permit persons to enter and leave such building or structure with safety. A sign attached to such building or structure at the place of such entrances or exits shall inform users of such parking area as to such restrictions, and failure to obey the regulations herein contained shall be deemed a violation of this section.

§ 239-18 Cooperation with police for enforcement.

[Added 10-2-1972

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

]

On demand of the police, any owner or lessee requesting police enforcement of this chapter shall furnish to the police a statement, in writing, signed by him or his agent, to the effect that a specified vehicle was unlawfully parked, stored or left upon his premises at a certain time or during a certain period without consent or permission, and such owner or lessee shall be available to testify to such facts in court at the request of the police. Failure of an owner or lessee to comply with the request of the police as above set out shall be sufficient cause for the Police Administrator or his subordinates to cease enforcing this chapter at the premises of such owner or lessee who fails to give the cooperation required herein.

§ 239-19 Prohibition of parking on private property.

[Added 10-2-1972]

A. Where an owner of premises desires to prohibit completely parking thereon, he may notify the public to that effect by a conspicuous sign or signs placed on said premises stating in substance:

Editor's Note: Certain signs within the village make reference to Article 6, Village Ordinances, rather than to Chapter 239, Village Code. It is the intention of the village that references to Article 6, Village Ordinances be read as Chapter 239, Village Code.

NO PARKING POLICE ENFORCEMENT UNDER PENALTY OF LAW CHAPTER 239 VILLAGE CODE

B. Such sign shall be not less than two feet in height by three feet in width with red lettering not less than four inches high upon a white background. Any person who parks or leaves a vehicle on such posted premises shall be deemed in violation of this section.

§ 239-20 Impounding of certain vehicles.

A. When any vehicle is parked or abandoned on any highway within this village during a snowstorm, flood, fire or other public emergency which affects that portion of the public highway upon which said vehicle is parked or abandoned, said vehicle may be removed by the Police Department of the Village of Blasdell.

B. When any vehicle is found unattended on any highway within this village where said vehicle constitutes an obstruction to traffic, said vehicle may be removed by the Police Department of the Village of Blasdell.

C. When any vehicle is parked or abandoned on any highway within this village where stopping, standing or parking is prohibited, said vehicle may be removed by the Police Department of the Village of Blasdell.

§ 239-21 Storage of impounded vehicles; charges.

[Amended 2-20-1978 by L.L. No. 1-1978

Editor's Note: Amended at time of adoption of Code; see Ch. 1, General Provisions, Art. I.

]

After removal of any vehicle, as provided in this Article, the Police Department may store such vehicle in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle, upon proper identification, may redeem the same upon payment to the storer of the amount of all expenses actually and necessarily incurred in effecting such removal, together with any charges for storage, not exceeding a maximum as set by the Board of Trustees.

Editor's Note: A complete schedule of fees is on file in the office of the Village Clerk and may be examined there during regular office hours.

§ 239-22 Notice of removal.

The Police Department shall ascertain, to the extent possible, the owner of the vehicle impounded as aforesaid or the person having the charge of the same and notify him of the removal and disposition of such vehicle and the amount which will be required to redeem the same insofar as the same is known to the Police Department.

§ 239-23 Truck route system.

[Amended 7-6-1970; 2-3-1975 by L.L. No. 1-1975; 11-6-1978 by L.L. No. 4-1978]

A. A truck route system upon which all trucks, tractors and tractor-trailer combinations having a total gross weight in excess of five tons are permitted to travel and operate shall consist of the following highways, roads or streets in the Village of Blasdell:

	Name of Street	Location
	Electric Avenue	From its intersection with Lake Avenue to the northerly village line
	Lake Avenue	Entire length
	Mile Strip Road	Between the west village line and its entrance to Route 179
	South Park Avenue	Entire length

B. All trucks, tractors and tractor-trailer combinations having a total gross weight in excess of five tons are hereby excluded from all highways, roads and streets within the Village of Blasdell except those highways, roads and streets listed in Subsection A hereof, except that this exclusion shall not be construed to prevent the delivery or pickup of merchandise or other property along the highway, road or street from which such vehicles and combinations are excluded between the point of pickup or delivery and the nearest highway, road or street listed in Subsection A.

C. A violation of this section shall be punishable by a fine of $50.