[HISTORY: Adopted by the North Hempstead Town Board: Article I, 6-10-1980 as L.L. No. 6, 1980; Article II, 1-9-1990. Amendments noted where applicable.]
[Adopted 6-10-1980 as L.L. No. 6, 1980]
Heretofore the Town Board had adopted an ordinance entitled the "Great Neck Park District Metered Municipal Parking Fields Ordinance" on December 30, 1952, which was from time to time amended. Such ordinance established certain property owned or leased by the Great Neck Park District as "metered municipal parking fields," provided that regulations to govern the use and fees for use of these parking fields and delegated to the Board of Commissioners of the Great Neck Park District the authority to operate, manage and control the parking fields in conformity with the regulations set forth in the ordinance.
Consistent with the Town Board's policy of giving locally elected Special District Commissioners as much autonomy as legally permissible, and pursuant to a request by the Board of Commissioners of the Great Neck Park District, it is the intent of the Town Board in adopting this local law to delegate the general power and authority to adopt ordinances, rules and regulations governing the operation and use of parking fields owned or leased by the Great Neck Park District to its Board of Commissioners.
Pursuant to the authority vested in it by Section 3, Chapter 675, of the Laws of 1940 of the State of New York and Articles 12 and 13 of the Town Law, the Town Board delegates to the Board of Commissioners of the Great Neck Park District the complete power and authority to maintain, manage, operate and control the public parking fields set forth in § 41B-3 hereof and, after a public hearing, to enact such ordinances or rules and regulations, including traffic regulations, as it sees fit, governing the use and control of said public parking fields.
The Town Board further delegates to the Board of Commissioners of the Great Neck Park District the power and authority to provide for the enforcement of ordinances, rules and regulations adopted by it and to set penalties for violation of such ordinances, rules and regulations, in accordance with the provisions of Articles 41 and 42 of the Vehicle and Traffic Law of the State of New York. Any and all fines levied for a violation of such ordinances, rules and regulations shall be paid into the treasury of the Great Neck Park District.
The term "ordinance" shall mean rules or regulations enacted pursuant to this local law by the Board of Commissioners of the Great Neck Park District, imposing a penalty for its violation and enforceable as an ordinance.
The following land or areas, heretofore acquired by the Board of Commissioners of the Great Neck Park District and improved for public parking and heretofore established and designated as "metered municipal parking fields," are hereby established and designated as "public parking fields." Such public parking fields shall be subject to the delegation of power and authority set forth in § 41B-2 hereof, and they shall be known by the names herein applied thereto. Each of said public parking fields is hereby declared to be a public place:
Canterbury Field. All that parcel of land with the improvements erected thereon in the Incorporated Village of Great Neck Plaza, Nassau County, New York, on the north side of and abutting the right-of-way of the Long Island Railroad, bounded on the west by Canterbury Road, on the east by Chapel Place and on the north by land designated as Lots 147 and 158 on the map of property belonging to Lillius Grace at Thomaston, filed June 22, 1916, as Map No. 261 in the Nassau County Clerk's office.
Shoreward Field. All that parcel of land with the improvements erected thereon in the Incorporated Village of Great Neck Plaza, Nassau County, New York, on the south side of and abutting the right-of-way of the Long Island Railroad, bounded on the west by Barstow Road, on the east by the Long Island Lighting Company's substation and on the south by Welwyn Road.
North Station Plaza Field. All that parcel of land with the improvements erected thereon in the Incorporated Village of Great Neck Plaza, Nassau County, New York, on the north side of and abutting the right-of-way of the Long Island Railroad, bounded on the west by the Long Island Railroad station building, on the east by Barstow Road and on the north by North Station Plaza.
Every ordinance, rule and regulation adopted by the Board of Commissioners of the Great Neck Park District pursuant to this delegation of power shall be entered in its minutes and published in a newspaper published in the district, if any, or in a newspaper having general circulation in the Park District and a printed copy thereof posted in a conspicuous place near the main entrance to the office of the Board of Commissioners, and affidavits of such publication and posting shall be filed with the Board of Commissioners and the Town Clerk of the Town of North Hempstead. Such ordinance, rule, regulation or amendment thereto shall take effect ten (10) days after such publication and posting or at such later date as may be set forth in the ordinance, rule, regulation or amendment thereto.
A certificate of the Secretary of the Board of Commissioners, setting forth the records of the Park District showing the adoption of one (1) or more ordinances, rules, regulations or amendments thereto, and the publishing and posting thereof, shall be presumptive evidence of such adoption, publication and posting in any action or special proceeding in any court or otherwise.
For the purpose of this ordinance, the following terms shall have the meanings indicated:
- Includes every individual who shall operate a vehicle as the owner thereof or as the agent, employee or permittee of the owner, or who is in actual physical control of the vehicle.
- PARKING METER
- Any mechanical device or meter not inconsistent with this ordinance, placed or erected for the regulation of parking by authority of this ordinance. Each parking meter installed shall indicate by proper legend the legal parking time established by this ordinance and when operated, shall at all times indicate the balance of legal parking time, and at the expiration of such period shall indicate illegal or overtime parking.
- PARKING METER FIELD
- Any and all areas set aside under the provisions of this ordinance and any amendments thereto, for the installation of parking meters and upon which parking meters have been installed and are in operation.
- PARKING METER SPACE
- Any space within a parking meter field, adjacent to a parking meter and which is duly designated for the parking of a single vehicle by lines painted or otherwise durably marked on the surface of the parking field in which the parking meters are placed. Not more than one (1) vehicle, as defined herein, shall be stopped, parked or left standing in a designated parking meter space at the same time.
- PARK, PARKING or PARKED
- The stopping or standing of a motor vehicle or motorcycle and leaving such motor vehicle or motorcycle unattended by a person capable of operating it for a period longer than necessary and while actually engaged in loading or unloading passengers or freight.
- Includes any individual, firm, copartnership, association or corporation.
- Any public street, highway, road, avenue, lane, path, court or other public way within the unincorporated area of the Town of North Hempstead and not within any public parking district, established for the use of vehicles. This definition shall not include parking fields.
- The Town of North Hempstead.
- TOWN BOARD
- The members of the Town Board of the Town of North Hempstead.
- Every vehicle, except electrically-driven invalid chairs being operated or driven by an invalid, operated or driven upon a public highway by any power other than muscular power, which includes motorcycles and motor-driven cycles as defined by the Vehicle and Traffic Law, except vehicles which run only upon rails or tracks and excluding fire and police vehicles.
For the relief of traffic congestion in the unincorporated areas of the town outside any public parking district, certain areas acquired are hereby designated and dedicated as public places for the parking of motor vehicles, and such other areas as may hereafter be included in this section by amendment thereto shall constitute a parking meter area. The Town Board shall provide for the maintenance of such parking meter areas.
Area No. 1. Lot Nos. 14, 15, 16, 59, 60 and 61, in Block 19, Section 10, as shown on the Nassau County Tax Map, in School District No. 11, Carle Place, New York, beginning at a point on the northerly side of Broadway, distant 225 feet, east as measured along the same, from the corner formed by the intersection of the northerly side of Broadway with the easterly side of Hempstead Boulevard; running thence northerly parallel with Hempstead Boulevard, 200 feet to the southerly side of Westbury Avenue; thence easterly along the southerly side of Westbury Avenue, 75 feet; thence southerly parallel with Hempstead Boulevard, 200 feet to the northerly side of Broadway; thence westerly along the northerly side of Broadway, 75 feet to the point or place of beginning.
During the hours of 6:00 a.m. to 6:00 p.m. exclusive of Sundays and holidays, the following regulations shall apply to all parking meter areas:
All vehicles may be parked within all parking meter areas only within a parking space in front or alongside of which a parking meter is located.
When any vehicle shall be parked in any of said areas, the operator or driver of which desires to park for a period not in excess of two (2) hours, he shall, upon entering the parking space, immediately deposit a twenty-five-cent coin of the United States in the parking meter in front or alongside of said vehicle, and said parking space may then be used for such vehicle for said period not to exceed one (1) hour.
If any vehicle shall remain parked in any such parking areas within the time limits, as above described, without a proper coin or coins being deposited as aforesaid, such vehicle shall be considered as parked overtime and beyond the time fixed by this ordinance, and the operator or driver thereof shall be deemed guilty of a violation of this ordinance and shall be punishable as hereinafter set forth.
There shall be no parking in any of the parking meter areas by any vehicle between the hours of 3:00 a.m. and 6:00 a.m.
The Town Board shall provide for the installation, regulation, control, operation and use of parking meters provided for in this ordinance and shall cause said meters to be maintained in good workable condition. Meters shall be placed in front of or adjacent to individual parking places and meters shall be constructed as to display a signal showing legal parking upon deposit therein of the proper coin or coins of the United States as indicated by instruction on said meter, and for the period of time purchased by the coin or coins deposited in said meter as provided by this ordinance, said signal to remain in evidence until expiration of said parking period so designated, at which time a change of signal or some other mechanical operation shall indicate expiration of said parking period.
The Town Board is hereby authorized to mark off individual parking spaces in the parking fields designated and described by this ordinance and in such other fields as may hereafter be established. Said parking spaces are to be designated by lines painted or durably marked upon the surface of the parking field. At each space so marked it shall be unlawful to park any vehicle in such a way that said vehicle shall not be entirely within the limits of the space so designated.
In said parking meter areas, the Town Board shall cause parking meters to be installed in front of or adjacent to the parking space designated as provided in § 41B-9 hereof. Such installation shall be not more than four (4) feet from the front line of the parking space as indicated, and the Town Board shall be responsible for the regulation, control, maintenance and use of such parking meters. Each parking meter shall be so set as to display a signal showing legal parking upon the deposit of the appropriate coin or coins, lawful money of the United States of America, for the period of time prescribed by this ordinance. Each meter shall be so arranged that, upon the expiration of the period of legal parking, time purchased by the coin or coins deposited, it will indicate by a proper visible signal that the lawful parking period had expired, and in such cases the right of such vehicle to occupy such space shall cease and the operator, owner or manager thereof shall be subject to the penalties hereinafter provided.
Except in a period of emergency determined by an officer of the Nassau County Police Department or in compliance with the directions of a police officer or traffic control sign or signal, when any vehicle shall be parked in any parking space in front of or next to which a parking meter is located, the operator of such vehicle shall, upon entering said parking meter space, immediately deposit or cause to be deposited in said meter such proper coin of the United States as is required for such parking meter and as is designated by proper directions on the meter, and when required by the directions on the meter, the operator of such vehicle, after the deposit of the proper coin or coins shall also set in operation the timing mechanism on such meter in accordance with directions properly appearing thereon, if any, and failure to deposit such proper coin and to set the timing mechanism, if any, in operation when so required shall constitute a violation of this ordinance. Upon deposit of such coin, and the setting of the time mechanism, if any, in operation when so required, the parking space may be lawfully occupied by such vehicle during the period of time purchased by the coin or coins deposited, provided that any person placing a vehicle in a parking meter space adjacent to or in front of a meter which indicates that unused time has been left in the meter by the previous occupant of the space shall not be required to deposit a coin so long as his occupancy of said space does not exceed the indicated unused parking time. If said vehicle shall remain parked in any such parking space beyond the parking time set for such parking space and if the meter shall indicate such illegal parking then, and in that event, such vehicle shall be considered as parking overtime and beyond the period of legal parking time and such parking shall be deemed a violation of this ordinance.
Parking a vehicle in a designated space in parking meter field shall be lawful by depositing the coin or coins as indicated on the meter, which shall be as follows: Twenty-five cents ($0.25) for each hour.
Said parking meter shall be operated in said parking meter fields every day between the hours of 6:00 a.m. and 6:00 p.m., prevailing time, except Sundays and holidays; provided, however, that within the meaning of this ordinance, the term "holiday" shall include the following days only: New Year's Day, Dr. Martin Luther King, Jr. Day, Lincoln's Birthday, Washington's Birthday, Memorial Day, Flag Day, the Fourth of July, the first Monday in September, Columbus Day, Election Day, Veterans Day, the day designated and set aside by the President of the United States as a day of Thanksgiving and the 25th day of December.
The maximum parking time for legal continuous parking in any one (1) metered space shall be limited and restricted to a period of not longer than two (2) hours at a time.
It shall be unlawful and a violation of the provisions of this ordinance for any person to:
Cause, allow, permit or suffer any vehicle registered in the name of or operated by such person to be parked overtime or beyond the period of legal parking time established for any parking meter field as herein described.
Park any vehicle across any line or marking of a parking meter space or in such position that the vehicle shall not be entirely within the area designated by such lines or markings, or to park any vehicle in a parking meter space already occupied in whole or in part by another vehicle.
Deface, injure, tamper with, open or willfully break, destroy or impair the usefulness of any parking meter installed under the provisions of this ordinance.
Deposit or cause to be deposited in any parking meter any slugs, device or metal substance or other substitute for lawful coins.
It shall be the duty of the Nassau County Police Department to enforce the provisions of this ordinance, and also any other person or persons lawfully designated for that purpose by the Town Board of the Town of North Hempstead.
The coins deposited in parking meters shall be used to defray the expense of proper regulation of traffic upon the public streets of the area covered by this ordinance; to provide for the cost of supervision, regulation and control of the parking of vehicles in parking meter fields; and to cover the cost of purchase, supervision, protection, inspection, installation, operation, maintenance, control and use of parking meters and municipal parking areas.
All collections from the parking meters shall be made by an employee or employees of the town as designated by the Town Board on such day or days as may be determined by the Town Board.
All receipts from the coin boxes of the parking meters shall be immediately deposited in a locked receptacle or container so constructed or designed that it may be opened only by the use of two (2) separate keys.
Upon collection of all parking meter money and deposit of the same into the locked receptacle or container, the receptacle or container shall be delivered as soon as practicable to the depository designated for such fees.
The designated depository shall retain one (1) of the necessary keys for the opening of the receptacle or container and the remaining necessary key shall be in the possession of an employee of the town.
The receptacle or container shall be opened and the receipts counted at the depository in the presence of an authorized representative of the town. The deposit slip reflecting the receipts as determined by the representative of the depository and the representative of the town shall be signed by each of the aforesaid representatives.
Upon deposit of the receipts as determined above, the receptacle or container shall be delivered to the office of the Comptroller.
Any person who shall violate or fail to comply with any of the provisions of this ordinance or who shall counsel, aid or abet any such violation or failure to comply, shall be deemed guilty of an offense against this ordinance and shall be punishable by a fine not in excess of five hundred dollars ($500.).
Nothing in this ordinance shall be construed as prohibiting the Town Board of the Town of North Hempstead from providing for bus stops, taxicab stands and other matters of similar nature, including the loading and unloading of trucks, vans or other commercial vehicles, except upon state highways maintained by the state.
This entire ordinance shall be deemed and construed to be an exercise of the police power of the Town of North Hempstead for the preservation and protection of public safety and is enacted pursuant to the authority contained in § 1660 of the Vehicle and Traffic Law of the State of New York, §§ 130 and 220 of the Town Law of the State of New York and § 72-j of the General Municipal Law of the State of New York. All of its provisions shall be liberally construed with a view to the effectuation of such purpose.