Parking, standing or stopping of any vehicle
is prohibited in any of the following locations:
A.Â
In lanes marked "Fire Lanes," "Safety Lanes" or areas
marked "No Parking" within those parking areas and driveways maintained
by the following:
B.Â
In areas designated for parking by handicapped drivers
unless such a vehicle has and displays a parking permit for a handicapped
person duly authorized in the manner prescribed by § 1203-a
of the Vehicle and Traffic Law.
It shall be the responsibility of the owners
of the aforementioned private property and areas, their successors
or assigns, to construct and maintain signs and other markings appropriate
to identify "Fire Lanes," "Safety Lanes" or areas marked "No Parking"
and to provide notice of tow-away restrictions and fines. Said signs
shall conform to the uniformed standards prescribed by the New York
State Department of Transportation to the extent provision is made
for such signs. Fire lanes shall be located in those areas designated
by the Fire Inspector and/or Fire Chief in whose jurisdiction such
lanes lie.
A.Â
Any police officer or peace officer, as defined in
the New York State Criminal Procedure Law, the Zoning Administrator,
the Deputy Zoning Administrator, the Superintendent of Highways, Building
Inspector, the Deputy Building Inspector, the Fire Inspector, the
Deputy Fire Inspector or Town Constable of the Town of Wappinger,
or their designees, may cause a vehicle to be removed when any such
vehicle is:
[Amended 8-18-2003 by L.L. No. 10-2003]
(1)Â
Parked or abandoned on any property under private
control or ownership within the Town of Wappinger during a snowstorm,
flood, fire or other public emergency and removal of such vehicle
is reasonably necessary for the performance of emergency procedures.
(2)Â
Found unattended on any property under private control
or ownership within the Town of Wappinger where said vehicle constitutes
an obstruction to traffic.
(3)Â
Parked or abandoned on any property under private
control or ownership within the Town of Wappinger where stopping,
standing or parking is prohibited.
(4)Â
Otherwise parked in violation of this article.
B.Â
After removal of any vehicle as provided above, the
person acting on behalf of the Town may cause the storage of such
vehicle in a suitable place at the expense of the owner. Such owner
or person in charge of the vehicle may redeem the same upon payment
to the Town Clerk of the Town of Wappinger of the amount of all reasonable
expenses actually and necessarily incurred in affecting such removal,
together with any charges for storage.
C.Â
The person acting on behalf of the Town as provided
above shall without delay report the removal and disposition of any
such vehicle removed to the Town Clerk of the Town of Wappinger. The
Town Clerk shall ascertain, to the extent possible, the owner of such
vehicle or the persons having charge of such vehicle and notify the
owner of the removal and disposition of such vehicle and the amount
which shall be required to redeem the same to the extent that such
amount can be calculated at the time of such notice. Such notice shall
be in writing and shall be mailed to the address ascertained by the
Town Clerk to be the address of the owner having charge of such vehicle.
D.Â
Nothing herein contained shall limit the right of
enforcement of this article solely to removal and storage pursuant
to this section.
[Amended 8-18-2003 by L.L. No. 10-2003]
In addition to the authority to remove and store vehicles as set forth in § 230-29 above, the Dutchess County Sheriff, any police officer or peace officer, as defined in the Criminal Procedure Law, the Zoning Administrator, the Deputy Zoning Administrator, the Building Inspector, the Deputy Building Inspector, the Fire Inspector, the Deputy Fire Inspector, the Superintendent of Highways, and the Town Constable of the Town of Wappinger, or their designees shall be authorized and empowered to issue or cause to be issued an appearance ticket for a violation of any of the provisions of this article, returnable in the Justice Court of the Town of Wappinger or any other court of competent jurisdiction.
[Amended 3-22-2004 by L.L. No. 5-2004]
A person operating any vehicle in violation of the article herein described, or the owner or operator of any vehicle which is otherwise in violation of this article, shall be subject to punishment by a fine in the amount set forth in Chapter 122, Article V, § 122-20EE(1) of the Code or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a conviction of a second violation, both of which were committed within a period of 18 months, such person shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20EE(1) of the Code or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a conviction of a third or subsequent violation, all of which were committed within a period of 18 months, such person shall be punished by a fine in the amount set forth in Chapter 122, Article V, § 122-20EE(1) of the Code or by imprisonment for not more than 90 days, or by both such fine and imprisonment.