[Adopted 3-23-1951; amended in its entirety 11-8-2007 by L.L. No. 5-2007 (Ch.
55, Art. III, of the 1972 Code)]
As used in this article, the following terms shall have the
meanings indicated:
Such highways or parts of highways in the Village of Nyack
where, pursuant to this article or any other local law of said Village,
parking meters are installed, operated, maintained, policed and supervised,
and where the payment of a fee for the privilege of parking where
such meters are in operation is fixed and required.
Such highways or parts of highways in the Village of Nyack
consisting of Main Street east of Mill Street, and Broadway from First
Avenue to Depew Avenue.
As defined in the Vehicle and Traffic Law of the State of
New York. For the purposes of this article, the definition of the
term "vehicle" shall include waterborne craft of all types and sizes.
A list of all parking meter zones shall be maintained by the
Traffic Department and may be amended from time to time by resolution
of the Nyack Village Board.
A.
In the parts of the highways in the Village of Nyack described in § 330-32 of this article and established as parking zones and in said zones and in such other parking meter zones as hereafter may be created by local law of the Village of Nyack, parking meters or multispace parking control systems shall be installed, operated, maintained, policed and supervised.
B.
Where signs are erected or curbs or the bed of streets are painted
giving notice thereof or parking meters or multispace parking control
systems are installed in such parts of said highways and except in
any emergency or in compliance with the directions of a peace officer
or traffic control signal or sign, no vehicle shall be parked between
the hours posted on such signs without payment of the parking fee
hereinafter set forth. On Sundays and legal holidays, this article
shall not be in force and effect, unless otherwise posted. Notwithstanding
the foregoing, the Village of Nyack Parking Authority may, by resolution,
set the days and times of enforcement for all parking in the Village
of Nyack on a temporary sixty-day trial basis, including both metered
and nonmetered parking, on both streets and lots. The Village Parking
Authority shall cause all appropriate signage reflecting the days
and times of enforcement of said temporary regulations as set by Parking
Authority Board resolution to be erected prior to the implementation
of the temporary regulations. Any regulations adopted by the Village
Parking Authority pursuant to this subsection shall be null and void
if the same are not approved by resolution by the Village Board of
Trustees within 60 days of implementation.
[Amended 2-28-2012 by L.L. No. 1-2013]
[Amended 11-10-2022 by L.L. No. 8-2022]
A.
The Board of Trustees of the Village of Nyack is hereby authorized
to have parking meters and multispace parking control systems installed
in such parking meter zones as are created by this article or shall
be created by any other local law or resolution of the Village of
Nyack. Such parking meters or multispace parking control systems shall
be placed upon or at the curb alongside of or next to individual parking
places to be designated as hereinafter provided. Each said parking
meter shall be so set as to show or display a signal that the parking
space alongside of the same is or is not in use, and/or the multispace
parking control system shall provide instructions for the use of the
same in purchasing time in a parking space located in a parking meter
zone.
B.
The Village of Nyack Traffic Department shall provide for the operation
and maintenance of such parking meters or multispace parking control
systems and shall see that said meters are kept in good working order
and condition. The Traffic Violations Bureau shall provide for the
policing and collection of revenues from said meters or multispace
parking control systems.
(1)
The
Board of Trustees shall set, by resolution, the fees and fines to
be charged by motorists for the use of said meters or multispace parking
control systems, as well as the fees for monthly parking permits for
parking in Village municipal lots. Said fees and fines shall be set
forth in the Standard Schedule of Fees of the Village of Nyack, which
may be amended by resolution of the Village Board.[1]
[1]
Editor's Note: The Standard Schedule of Fees is on file in
the Village offices.
(2)
The
fees for parking meters shall be so set as to display a signal showing
legal parking upon the deposit of coins of the United States in accordance
with instructions on said meters for the part of the highway upon
which said meter is placed, and each multispace parking control system
shall display instructions for the use of same in purchasing time
in a parking space located in a parking meter zone. Each meter shall,
by its device, clearly set out and continue operation from the time
of depositing such coins until the expiration of said parking limit.
Each meter shall also be so arranged that upon the expiration of said
parking limit it will indicate that the lawful parking period as fixed
by this article or any other local law of the Village of Nyack has
expired. Each multispace parking control system shall provide for
the issuance of a ticket or similar written instrument indicating
the time of depositing monies into said system for the purchase of
parking time and indicating the expiration of such time purchased
at said system.
[Amended 9-24-2009 by L.L. No. 7-2009]
A.
When any vehicle shall be parked next to a parking meter, the owner
or operator of said vehicle shall park within the area designated
by the curb or street marking lines as indicated for parallel or diagonal
parking. It shall be unlawful for any person to fail to park within
said designated parking space.
B.
When any vehicle shall be parked in a area ("parking zone") utilizing
a multispace parking control device, said vehicle shall park within
the area designated for parking in such parking zone, or in the individual
parking space designated for parking in a parking zone should such
designated parking spaces be present in the parking zone. It shall
be unlawful for any person utilizing a multispace parking control
device to fail to park within the area designated for parking within
the parking zone, or within a designated parking space should same
exist within the parking zone.
C.
Upon entering said parking space or parking area within a parking
zone, the owner or operator of a vehicle shall immediately deposit
into the meter or multispace parking control device currency of the
United States in accordance instructions on said meter or multispace
parking control device. It shall be unlawful for any person to fail
or neglect to so deposit the proper currency.
D.
Upon the deposit of the proper currency, any vehicle parked next
to a parking meter in a designated parking space may use the space
for the ensuing parking period; however, said vehicle shall be parked
unlawfully in the event that it remains in such parking space beyond
the established parking limit, or when the parking meter corresponding
with the parking space occupied displays a signal evidencing the expiration
of such parking period.
E.
Upon the deposit of the proper currency, any vehicle parked in an
parking zone utilizing a multispace parking control device may use
that space, or any other parking space within any parking zone utilizing
a multispace parking control device for the time period indicated
on the receipt issued by the device. However, said vehicle shall be
parked unlawfully in the event that it remains in such parking space
or area beyond the established time limit indicated on the receipt,
or if the vehicle remains parked in a parking space or area beyond
the established parking limit.
F.
It shall be unlawful for any person to cause or permit any vehicle
registered in his or her name to be unlawfully parked as set forth
in this section.
[Amended 2-28-2012 by L.L. No. 1-2013]
The parking spaces within the parking area defined in this article
may be designated by white lines extending from the curbline into
the highway approximately six feet, and said lines shall be approximately
20 feet apart. It shall be unlawful and an offense to park any vehicle
across any such line or mark or to park said vehicle in such a way
that the same shall not be within the area so designated by such lines
or markings.
It shall be unlawful and an offense for any person to permit a vehicle parked in any parking space alongside of or next to which any parking meter is placed while said meter is displaying a signal showing that such vehicle shall have been already parked beyond the period of time fixed by this article or any other local law of the Village of Nyack for such parking space, without operating aforesaid meter by depositing coins of the United States in accordance with § 330-24.
In the event that any automobile, motorcycle or other vehicle
has been left illegally standing or parked in any metered parking
space, pursuant to this article, for a period in excess of five continuous
hours, the same shall be and is hereby declared to be a public nuisance,
and such vehicle shall be removed from that metered parking space
at the expense of the registered owner thereof. Any vehicle which
has been removed from a metered parking space pursuant to this section
shall be returned to the registered owner thereof upon the payment
by the registered owner of the fines levied against said vehicle,
including towing and storage costs.
[Amended 9-8-2016 by L.L.
No. 2-2016]
It shall be the duty of each Village of Nyack parking enforcement
aide or police officer, or other such officer as shall be so instructed
by the Chief of Police, to issue a parking summons setting forth the
vehicle plate designation, the plate type, the registration expiration
date, the make or model of the vehicle, and the body type of the vehicle,
and to present such parking summons to the Justice Court of the Village
of Nyack for each violation.
It shall be unlawful and an offense to deposit or cause to be
deposited in any parking meter or multispace parking control device
any slug, device or substitute for coins of the United States.
It shall be unlawful and an offense for any unauthorized person
to deface, injure, tamper with, open or willfully break, destroy or
impair the usefulness of any parking meter or multispace parking control
device installed under the provisions of this article or under any
other local law of the Village of Nyack.
The currency required to be deposited in parking meters or multispace
parking control devices, as provided herein, are levied as enforcement
and inspection fees to cover the cost of installation, operation,
maintenance, policing and supervision of parking meters, the enforcement
of other parking regulations, and the providing of additional public
parking in the Village. The funds collected shall be deposited in
the Village's general fund unless the Board of Trustees, by resolution,
authorizes the Parking Authority of the Village of Nyack to be the
recipient of part or all funds collected from the Village's parking
meters. This section is intended to supersede any provision of the
New York State Public Authorities Law which conflicts with same, including
but not limited to § 1622-h of the Public Authorities Law.
[Amended 2-28-2012 by L.L. No. 1-2013]
The list of all parking meter zones established in § 330-21 may be reviewed and ratified by the Village Board at least once per year.
Time limitations for parking at parking meters shall be displayed
on each parking meter and shall permit parking at the space designated
by such meter in accordance with the instructions affixed to the meter.
The Traffic Violations Bureau shall designate parking enforcement aides to make regular collections of the money deposited in said meters. Such person or persons shall deliver the coins to the Village Clerk, who shall count the funds, keep an accurate record of the funds collected and deposit the same to the credit of the Village of Nyack in accordance with the provisions of § 330-31. In the alternative, the person or persons so designated shall, upon authorization by the Board of Trustees of the Village of Nyack, deliver said funds directly to a banking institution designated by the Board, where the funds shall be counted and credited as directed by the Board.
Any local law heretofore adopted by the Board of Trustees of
the Village of Nyack inconsistent with any of the terms and provisions
of this article is hereby repealed; provided, however, that such repeal
shall be only to the extent of such inconsistency, and in all respects
this article shall be cumulative of other local laws heretofore or
hereafter adopted by said Board of Trustees regulating and governing
the subject matter covered by this article.
[Amended 7-17-2014 by L.L. No. 3-2014; 11-10-2022 by L.L. No. 8-2022]
A.
Any person
violating any provision of this article may, upon conviction, be punished
by a fine of not less than $5 nor more than $250. The provisions contained
herein regarding the imposition of fines or other penalties shall
also apply to any firm or corporation which violates any provision
of this article. The Board of Trustees shall set, by resolution adopting
changes to the Standard Schedule of Fees of the Village of Nyack,
the fines for meter and parking violations.[1]
[1]
Editor's Note: The Standard Schedule of Fees is on file in
the Village offices.
