[Adopted 2-2-1972 by L.L. No. 1-1972]
It has come to the attention of the Town Board
that certain dangerous situations exist with regard to parking on
Town roads during the winter, and the purpose of this article is to
attempt to alleviate said dangerous situations.
Parking shall be prohibited upon all Town roads
in the Town of Brutus, New York from December 1 to April 1 during
the hours of from 12:00 midnight to 8:00 a.m. Appropriate signs shall
be erected on roads providing access to the Town giving notice of
this provision. This article shall not apply to county or state roads
as they are defined in the statutes of New York State.
Violation of this parking law is hereby designated
a traffic infraction, and punishment for any such violation shall,
except as hereinafter provided, be governed by § 1800 of
the New York State Vehicle and Traffic Law.
When a peace officer determines that there is
a violation of this article, he shall serve a notice of traffic infraction
upon the violator by either personal delivery to the owner or operator
of the motor vehicle or by affixing said notice to said motor vehicle.
If the violator does not appear in answer to the notice of traffic
infraction, the Town Justice shall send to the owner of the motor
vehicle to which the notice was affixed a letter informing him of
the violation and warning him that he will be held responsible for
the appearance of the offender. If the owner or violator does not
respond to such letter of warning within three days, the Town Justice
shall have the right to issue a summons to be served on the owner
requiring him to appear in answer to the charges.
A person who has received a notice of a traffic
infraction as set forth above may, within the time specified in such
notice, answer the charges set forth therein at the office of a Town
Justice by paying the minimum fine as shall be prescribed by the Town
Board from time to time and, in writing, waiving a hearing in court,
pleading guilty to the charge. A person may also answer said notice
by depositing cash bail equal to double the prescribed fine for appearance
in court at a time specified by the Town Justice.
Parking in violation of this article shall be
considered a separate offense for each four-hour period, and a peace
officer may issue a notice of traffic infraction with regard to said
violations every four hours.
If a person has been charged with more than
five violations or if a summons or warrant has been issued because
of failure to answer a notice of traffic infraction, the minimum fines
as set by the Town Board shall no longer apply, and said persons shall
be entirely under the jurisdiction of the court.
