Town of Highlands, NY
Orange County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Highlands 5-13-2002 by L.L. No. 2-2002. Amendments noted where applicable.]
GENERAL REFERENCES
Streets and sidewalks — See Ch. 167.
Vehicles and traffic — See Ch. 197.

§ 134-1 Blocking of driveways and entrances prohibited.

No vehicle shall be parked in front of any driveway or in front of or within 10 feet, measured along the curb, of the entrance to any church, building, public building or firehouse, except for such reasonable time as may be necessary for taking on or discharging passengers or merchandise.

§ 134-2 Obstruction of traffic prohibited.

No person shall stop, stand or park a vehicle upon any Town-dedicated sidewalk, street or highway within the unincorporated portion of the Town of Highlands in such a manner or under such conditions as to obstruct the movement of pedestrian or vehicular traffic and in no instance so as to leave less than 12 feet of roadway available for the free movement of vehicular traffic.

§ 134-3 Parking for certain purposes prohibited.

No person shall park a vehicle upon any Town-dedicated sidewalk, street or highway within the unincorporated portion of the Town of Highlands for the principal purpose of:
A. 
Displaying such vehicle for sale.
B. 
Washing, greasing or repairing such vehicle, except repairs necessitated by an emergency.
C. 
Storing such vehicle. Any vehicle parked for a period of time in excess of 24 hours shall be deemed parked for the principal purpose of storing such vehicle.

§ 134-4 Parking of commercial vehicles restricted.

When parking is not otherwise restricted, no person shall park a commercial vehicle upon any Town-dedicated sidewalk, street, highway or state highway within the Town of Highlands for a period in excess of three hours.

§ 134-5 Parking of unregistered vehicles.

No person shall park a vehicle upon any Town-dedicated sidewalk, street or highway within the unincorporated portion of the Town of Highlands unless it is properly registered and the current number plates with tag, if required, issued for the vehicle are properly displayed thereon.

§ 134-6 Parking of trailers.

No person shall park any trailer or semitrailer on any Town-dedicated sidewalk, street or highway within the unincorporated portion of the Town of Highlands, except while loading or unloading at off-street platforms, unless such trailer or semitrailer is attached to a motor vehicle capable of towing it.

§ 134-7 Parking of buses prohibited.

No person shall park a bus at any time on any Town-dedicated sidewalk, street or highway within the unincorporated portion of the Town of Highlands unless authorized by signs, except that a chartered bus may park where parking is otherwise permitted at the point of destination.

§ 134-8 Nighttime parking restrictions.

A. 
Parking on any streets, roads and highways of the Town between the hours of 12:00 midnight and 6:00 a.m. which is otherwise permitted is prohibited during the period from November 15 to April 15.
B. 
Parking of any vehicle not owned by the Town shall be prohibited on all Town-owned property, property leased by the Town and property used by the Town pursuant to a license agreement with the owner, between 12:00 midnight and 6:00 a.m., except that this provision shall not apply where the owner or operator of the vehicle is actually engaged in Town business.
C. 
The owner or operator of any motor vehicle parked in violation of § 134-8A and B, in addition to any other penalties which may be imposed, shall be liable for any expenses incurred by the Town in towing said unlawfully parked motor vehicle, such charges not to exceed the actual cost incurred, together with any charges for storage, such storage charges not to exceed $25 per day or fraction thereof.

§ 134-9 Parking permits for persons with disabilities.

A. 
The Town Police Chief of the Town of Highlands shall be designated as the agent to distribute, to persons with disabilities, special vehicle identification parking permits issued by the Commissioner of Motor Vehicles pursuant to § 1203-a of the Vehicle and Traffic Law of the State of New York.
B. 
The Chief shall adopt the application forms and procedures as promulgated by the Commissioner of Motor Vehicles for the issuing of these parking permits. These permits shall be issued to residents of the Town of Highlands who are eligible for them under the guidelines established by the State Advocate for the Handicapped.
C. 
Should the Commissioner of Motor Vehicles or the State Advocate for the Handicapped not establish guidelines, then the Town Police Chief is authorized to issue permits to all residents of the Town of Highlands who can establish by medical certification that they are suffering from physical disability seriously impairing mobility.
D. 
All permits issued by the Town Police Chief shall be valid for a period of three years, or for a lesser period as determined by the Town Police Chief for a disability which is temporary in nature. The Chief shall issue a three-year permit to all applicants who can establish by medical certification that the disability is permanent in nature.
E. 
A vehicle bearing such special vehicle identification permit, when parked, shall not be deemed in violation of any of the provisions of the rules and regulations governing parking in the Town of Highlands, except where such vehicle is parked in a bus stop, a taxi stand, or within 15 feet of a fire hydrant, a fire zone, fire lane, firehouse, driveway or crosswalk, or is double-parked.
F. 
Any person to whom a permit has not been issued and who shall use a permit issued pursuant to this section for any purpose other than parking a motor vehicle while transporting a person with a disability shall be guilty of a violation within the meaning of the Penal Law.

§ 134-10 Parking for disabled persons at private apartment and condominium complexes, commercial establishments and hotels/motels.

Upon receipt of a written request pursuant to § 1660-a of the Vehicle and Traffic Law, the Town Board may, by resolution, designate specific reserved parking spaces for the use of disabled persons who have been issued parking permits pursuant to § 134-9 of this Code or by motor vehicles registered in accordance with § 404-a of the Vehicle and Traffic Law. The size of such spaces shall comply with both the American Disabilities Act and the New York State Code, General Building Construction.

§ 134-11 Removal and storage of vehicles in violation.

A. 
Authority to impound vehicles.
(1) 
When any vehicle is parked or abandoned on any highway within this Town 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 Town Police Department.
(2) 
When any vehicle is found unattended on any highway within this Town where said vehicle constitutes an obstruction to traffic, said vehicle may be removed upon written authorization of the Police Department.
(3) 
When any vehicle is parked or abandoned on any highway within this Town where stopping, standing or parking is prohibited, said vehicle may be removed upon written authorization of the Police Department.
B. 
Storage and charges. After removal of any vehicle as provided in this section, such vehicle will be stored 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 of Highlands or the authorized agent of the Town, of the amount of all expenses actually and necessarily incurred in effecting such removal, together with any charges for storage, such storage charges not to exceed $25 per day or fraction thereof.
C. 
Notice of removal. The Chief of Police shall, without delay, report the removal and the disposition of any vehicle removed as provided in this chapter to the Supervisor, who shall cause the Chief of Police to ascertain, to the extent possible, the owner of the vehicle or person having the same in his charge and to notify him of the removal and disposition of such vehicle and of the amount which will be required to redeem the same.

§ 134-12 Sale or conversion of abandoned vehicles.

A. 
Auction sale of abandoned vehicles. In the event that vehicles are abandoned, as provided in § 1224 of the Vehicle and Traffic Law of the State of New York, the Town of Highlands may cause the same to be auctioned at a public auction after due notice to the public, as provided by applicable statute, the proceeds of which auction are to be applied to the general fund of the Town of Highlands. The Town Clerk is hereby authorized to execute certificates of transfer of title to the vehicles so auctioned.
B. 
Conversion of abandoned vehicles. In the event that vehicles are abandoned as provided in § 1224 of the Vehicle and Traffic Law of the State of New York, the Town of Highlands may convert in any calendar year 1% of its unclaimed abandoned vehicles or two such vehicles, whichever is greater, to its own use.

§ 134-13 Parking areas and driveways of certain public and private places.

A. 
Regulation and control with respect to parking areas and driveways of facilities owned or leased by a not-for-profit corporation, fire stations, private condominium complex, schools, libraries, places of public assembly or the parking areas and private streets or roadways of private apartment house complexes or the parking areas, private streets, roadways or driveways of industrial parks or industrial complexes. The Town Board of the Town of Highlands, pursuant to the authority granted under § 1660-a of the Vehicle and Traffic Law of the State of New York and § 130, Subdivision 15, of the Town Law of the State of New York, does hereby authorize the Superintendent of Highways of the Town of Highlands, subject to approval by resolution of the Town Board, to perform the following functions, in the discharge of which the Superintendent of Highways may, as required, request the assistance of the Town of Highlands Police Department, which shall cooperate and provide such necessary aid as may be indicated or required in the circumstances:
(1) 
Order stop signs, flashing signals or yield signs erected at entrance or exit locations to such area or designate any intersection in such area as a stop intersection or as a yield intersection and order like signs or signals at one or more entrances to such intersection.
(2) 
Regulate movement of traffic and standing of motor vehicles to prevent obstruction in such area, including regulation by means of traffic signals.
(3) 
Prohibit or regulate the turning of any vehicles or specified types of vehicles at intersections or other designated locations in such area.
(4) 
Regulate the crossing of any roadway in such area by pedestrians.
(5) 
Designate any separate roadway in such area for one-way traffic.
(6) 
Prohibit, regulate, restrict or limit the stopping, standing or parking of vehicles in specified areas of such area.
B. 
Illegally parked and abandoned vehicles.
(1) 
In addition to the foregoing, the Police Department of the Town of Highlands is hereby authorized and directed to remove and store or have removed and stored vehicles parked or abandoned in such area during snowstorms, floods, fires or other public emergencies or unattended vehicles in such area where:
(a) 
They obstruct traffic; or
(b) 
Stopping, standing or parking is prohibited.
(2) 
The owner or operator of any motor vehicle parked in violation of the foregoing provision shall be liable for any expenses incurred by the Town in the removal of said motor vehicle, together with any charges for storage of said motor vehicle, such storage charges not to exceed $25 per day or fraction thereof.

§ 134-14 Establishing and marking of fire zones.

A. 
The Fire Inspector of the Town of Highlands, in cooperation with the Chief of Police, subject to approval by resolution of the Town Board of the Town of Highlands, is hereby authorized, pursuant to the authority granted under § 1660-a of the Vehicle and Traffic Law of the State of New York and § 130, Subdivision 15, of the Town Law of the State of New York, to determine and establish appropriate fire lanes and fire zones at parking areas and driveways of shopping centers, facilities owned or leased by not-for-profit corporations, fire stations, private condominium complexes, schools, places of public assembly or the parking areas and private streets or roadways of private apartment house complexes or the parking areas, private streets, roadways or driveways of industrial parks or industrial complexes. The Highway Department of the Town of Highlands, subsequent and pursuant to the resolution of the Town Board approving the same, shall cause to be erected or installed adequate signs, markings and other devices to delineate said fire lanes and fire zones on such premises.
B. 
Fire lanes shall not be less than 20 feet of unobstructed width, able to withstand live loads of fire apparatus and have a minimum of 13 feet and six inches of vertical clearance. Fire lanes and fire zones shall be marked with signs that have the words "NO STANDING -- NO PARKING -- FIRE LANE (or ZONE)" and the appropriate yellow pavement markings installed in conformance with the New York State Uniform Traffic Code requirements.
C. 
Prohibitions. No motor vehicle shall park, stand or remain unattended in a fire lane or fire zone. Fire lanes and fire zones are to be maintained free of all obstructions at all time.

§ 134-15 Penalties for offenses.

A. 
Any other provision notwithstanding, any police officer of the Town of Highlands is hereby authorized and empowered to issue or cause to be issued a summons, returnable in the Justice Court of the Town of Highlands or any other court of competent jurisdiction, for any motor vehicle in violation of the traffic and safety provisions of this chapter, and, likewise, the Building Inspector hereby is authorized and empowered to issue such summons for any violation involving the operation, maintenance and control of any premises.
B. 
Every person convicted of a traffic infraction for a violation of any provision of this chapter shall, for a first conviction thereof, be punished by a fine of not more than $50 or by imprisonment for not more than 15 days, or by both such fine and imprisonment; for a second such conviction within 18 months thereafter, such person shall be punished by a fine of not more than $100 or by imprisonment for not more than 45 days, or by both such fine and imprisonment; upon a third or subsequent conviction within 18 months after the first conviction, such person shall be punished by a fine of not more than $250 or by imprisonment for not more than 90 days, or by both such fine and imprisonment.
C. 
Any person committing an offense against any provision of this chapter shall be guilty of a violation punishable by a fine not exceeding $250 or by imprisonment not exceeding 15 days, or by both such fine and imprisonment. The continuation of an offense against the provisions of this chapter shall constitute, for each day the offense is continued, a separate and distinct offense hereunder.
D. 
Notwithstanding any other provision of this chapter, any violation hereof which constitutes a misdemeanor under the Vehicle and Traffic Law shall be punished in the manner as provided by the Vehicle and Traffic Law of the State of New York.

§ 134-16 Obedience to traffic laws and traffic control devices.

A. 
Required obedience to traffic laws. It is unlawful and, unless otherwise specified in the New York State Vehicle and Traffic Law with respect to particular offenses, it is a violation for any person to do any act forbidden or to fail to perform any act required by the New York State Vehicle and Traffic Law and same shall be punishable by a fine of not less than $80.
B. 
Obedience to required traffic control devices. Every person shall obey the instructions of any official traffic control device applicable to him placed in accordance with the provisions of the New York State Vehicle and Traffic Law, unless otherwise directed by a traffic or police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in the New York State Vehicle and Traffic Law. Failure to comply with this section shall constitute a violation and be punishable by a fine of not less than $150.

§ 134-17 Parking prohibited at all times.

[Added 6-9-2008 by L.L. No. 1-2008]
No person shall park a vehicle at any time upon any of the following described streets or parts thereof:
Name of Street
Side
Location
Firefighters Memorial Drive
East (northbound)
From the intersection of Firefighters Memorial Drive and Mine Dock Road and continuing to a point 408 feet north of said intersection
Firefighters Memorial Drive
West (southbound)
From a point 217 feet south of the intersection between Firefighters Memorial Drive and Canterbury Road and continuing to a point 631 feet south of said intersection