[Adopted 9-1-1981 by L.L. No. 1-1981 (Art. 56 of the 1989
Code); amended 6-7-1982; 6-14-1990 by L.L. No. 1-1990; 6-24-1992 by L.L. No.
2-1992]
The provisions of this article shall apply except when it is
necessary to stop a vehicle to avoid conflict with other traffic or
to comply with directions of a police officer or official traffic
control device.
[Amended 12-21-2015 by L.L. No. 3-2015]
A.
The parking
of vehicles, except publicly operated buses for the purpose of receiving
or discharging passengers, is hereby prohibited on streets and highways
within the Town of Busti, except state highways, between the hours
of 12:00 midnight and 7:00 a.m., during the period beginning November
1 and ending March 31 of each year.
B.
The parking
of motor vehicles is hereby prohibited within Town of Busti parks
between the hours of 12:00 midnight and 7:00 a.m. at all times of
the year.
The parking or standing of motor vehicles is hereby prohibited
in any and all of the following locations:
A.
On the right-of-way, shoulder and road surface of Chautauqua Boulevard
from its intersection with First Avenue and State Route 394 to its
intersection with Second Avenue.
B.
On the right-of-way, shoulder and road surface of First Avenue from
its intersection with State Route 394 and Chautauqua Boulevard to
the southerly terminus of First Avenue.
C.
On the right-of-way, shoulder and road surface of West Summit Avenue
from its intersection with State Route 394 to Marietta Place.
D.
On the right-of-way, shoulder and road surface of Big Tree-Sugar
Grove Road from its intersection with State Route 394 to Hunt Road.
E.
On such highway or highways or portion thereof, including right-of-way
and shoulders within the Town of Busti, wherein the State Department
of Transportation by its rules, orders or regulations prohibits parking
and/or standing.
F.
On Town or county highways where such vehicles are found parked or
standing during snowstorms, floods, fires or other public emergencies
or constitute an obstruction to traffic.
G.
Parking or standing by vehicles operated by nonhandicapped persons
and not being utilized or owned by handicapped persons in zones designated
as "parking for handicapped only."
H.
On the right-of-way, shoulder and road surface of Big Tree-Sugar
Grove Road from its intersection with Baker Street to its intersection
with Cowing Road.
I.
On the right-of-way, shoulder and road surface of that portion of
the south side of Kortwright Road between Busti-Sugar Grove Road and
Big Tree-Sugar Grove Road.
A.
Vehicles parked or standing in violation of this article or in violation
of any orders adopted by the State Department of Transportation relating
to state highways, or any vehicles parked or abandoned on highways
during snowstorms, floods, fires or other public emergencies or found
on any highways where said vehicles constitute an obstruction to traffic,
may be removed pursuant to an order of a public safety officer, as
that term is defined by the Criminal Procedure Law of the State of
New York.
B.
No vehicle removed pursuant to this section shall be returned to
its owner until a charge reasonably imposed for such removal, together
with any storage charges reasonably imposed, shall have been paid.
C.
In no event shall storage charges exceed the charge of $75 per day,
nor shall removal charges exceed the sum of $200.
[Amended 8-6-2012 by L.L.
No. 3-2012]
A.
It shall be the duty of the police or public safety officers of the
Town, acting in accordance with the instructions issued by the Chief
of Police, to report the following information in regard to violations
of article:
(1)
The state license number of such vehicle;
(2)
The time which such vehicle is parked in violation of any of the
provision of this article;
(3)
Any other facts, a knowledge of which is necessary to a thorough
understanding of the circumstances attending such violation;
(4)
Each such officer shall attach to such vehicle a notice to the owner
thereof that such vehicle has been parked in violation of a provision
of this article or other law and that the owner should report to the
office of the Town Court in regard to such violation; and
(5)
The owner shall pay to the Town Court or traffic violations bureau
if one is hereafter established, the respective amount for the violation
as indicated on the said summons attached to such vehicle.
B.
The failure of such owner to make such payment to the Town Court
or traffic violations bureau within the time prescribed as indicated
on said summons shall render such owner subject to the penalties provided
by this article for violation of the provisions of this article.
Every person convicted for a traffic infraction for violations
of any of the provisions of this article or regulations adopted by
the Department of Motor Vehicles in accordance with the provisions
of the Vehicle and Traffic Law of the State of New York shall be punished
as in accordance with the penalties set forth in § 1800 of the
Vehicle and Traffic Law.
Prior ordinances and local laws inconsistent herewith are hereby
repealed, except that this repeal shall not affect the prosecution
or punishment of any person for any act done or committed in violation
of any local law or ordinance prior to the taking effect of this article.
