[HISTORY: Adopted by the Town Board of the
Town of Webster 5-11-1978 (Ch. 226 of the 1991 Code). Amendments noted where applicable.]
This chapter shall be known as "An Ordinance
of the Town of Webster providing for the Control, Regulation and Maintenance
of Parking and Accessory Areas."
It is the purpose of this chapter to promote
the public health, safety and welfare of the citizens of the Town
of Webster by providing for the control, regulation, maintenance,
cleanliness and preservation of parking and accessory areas provided
for or required in connection with any subject premises as herein
defined.
For the purpose of this chapter, terms used
herein are defined as follows:
Buffer zones, setbacks or other areas, surfaced or natural,
open space or improved space in connection with subject premises.
The residue from the burning of wood, coal, coke or other
combustible materials.
The Commissioner of Public Works or his/her division heads
or agents or designees and such deputies as he shall appoint, subject
to the approval of the Town Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Lanes of sufficient width for use by fire-fighting equipment
established in the parking area adjacent to buildings and structures.
Putrescible animal and vegetable wastes resulting from the
preparation, handling, cooking and consumption of food.
A covered container which is rodent-, vermin-, insect- and
waterproof which contains discarded garbage.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Owner, tenant, trustee, receiver, executor, managing agent
or other person who controls in whole or in part any subject premises.
One-half hour after sunset of any day to 1/2 hour before
sunrise of the following day.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
Space provided by holder for the parking of vehicles on any
subject premises, together with the means of ingress and egress thereto
and the roads and driveways of any subject premises.
Designated places in a parking area for the parking or standing
of automobiles, trucks, motorcycles and other vehicles.
Holes and cracks occurring on any paved or unpaved surface
of a parking area.
All solid wastes (except body wastes), including garbage,
rubbish, ashes, street cleanings, dead animals, abandoned automobiles
and solid market and industrial wastes.
Nonputrescible solid wastes, including ashes, consisting
of both combustible and noncombustible wastes, such as, paper, cardboard,
tin cans, yard clippings, leaves, tree trimmings, wood, glass, bedding,
crockery and similar materials.
Any premises which contains 15 or more acres in whole or
in part, any parking area servicing any individual, commercial (retail,
wholesale or services to the public), professional, entertainment,
recreational, apartment, townhouse, planned unit development or multiple
dwelling use or area or other areas used for purposes or functions
to which the general public is invited, directly or indirectly, the
ingress and egress thereto, roads and driveways therein, buffer zones,
setbacks or other open space in connection therewith with respect
to all of said areas used in connection with such premises.
Lanes for the control and regulation of automobile, truck,
bicycle, other vehicle and pedestrian flow in a parking area.
A container with appropriate covers to receive hand-carried,
discarded paper and trash.
Every device in, upon or by which any person or property
is or may be transported or drawn upon a highway.
A.
Owners of subject
premises shall be ordered by the Town Board to conform to any or all
of the following standards relating to traffic and parking control
on subject premises where such conformance is deemed necessary by
the Town Board, in its discretion, to promote the public health, safety
and welfare and to ensure the safe and unhazardous use of such subject
premises:
(1)
Fire lanes
shall be established and maintained in the parking area at the front,
side and rear of all buildings and structures on subject premises
and properly painted and marked as such. Vehicular parking and standing
is prohibited in a fire lane, except that a commercial enterprise
may use the fire lane adjacent to it as a pickup station for its customer's
use, provided that such activity does not cause a traffic hazard and
the Town Board grants its approval for such use of the fire lanes.
(2)
Traffic lanes
for the control and regulation of automobile, truck, bicycle, other
vehicle and pedestrian flow in the parking area shall be established
and maintained and properly delineated through the use of pavement
markings, signs and median strips.
(3)
Parking lines
for parking spaces shall be established and maintained in the parking
area and properly painted and marked as such.
(4)
Provision
shall be made on subject premises for the parking of bicycles and
motorbikes.
(5)
Parking spaces
in the parking area shall be set aside and designated for handicapped
persons and ramp facilities provided where necessary. Parking spaces
for the handicapped as provided for in §§ 1203-a and
1203-c of the New York Vehicle and Traffic Law shall also be extended
to a motor vehicle registered in accordance with § 404-a
of the Vehicle and Traffic Law. A handicapped permit issued in accordance
with the provisions of § 1203-a of the Vehicle and Traffic
Law shall entitle the driver to park in such parking spaces. Parking
spaces for the handicapped shall be those parking spaces reserved
for those holders of a handicapped parking permit as provided in accordance
with § 1203-a or 404-a of the Vehicle and Traffic Law.
[Amended 11-7-1985 by L.L. No. 4-1985]
(6)
Provision
shall be made for the safe movement of pedestrians while in the parking
area or accessory area through the use of walkways, medians and crosswalks.
(7)
Curbing and
traffic barriers or islands shall be built where necessary and maintained
so as to enforce desired traffic patterns within the parking area.
Where possible, traffic islands shall contain vegetation and landscaping
conducive to growth in a parking area environment.
(8)
Stop signs,
flashing signals or yield signs shall be erected at entrance or exit
locations to a parking area or at intersections within the parking
area where required for traffic safety.
(9)
Signs regulating
parking, traffic flow and speed limits on subject premises shall be
erected.
(10)
The owner
may be required to properly designate an agent for service of process
who resides in and has an office in Monroe County, State of New York.
B.
Procedure for
establishing traffic and parking control standards.
(1)
The authorized
official, at the direction of the Town Board, shall notify the owner
of subject premises of the standards for traffic and parking control
which must be met. Such notice shall be in writing and addressed to
the owner of record of such subject premises at the address shown
on the last preceding assessment roll, and sent by certified mail,
return receipt requested, or hand delivered. Within 30 days of the
receipt of such notice or within such time as the authorized official
consents, such owner shall present to the authorized official a Comprehensive
Plan and time schedule for conforming to such standards. The authorized
official, after review of such plan by the Planning Board, the Town
Engineer and other appropriate boards or officials shall present such
plans and time schedule to the Town Board which may make such revisions
or add such requirements as it deems necessary to promote the public
health, safety and welfare and to ensure the safe and unhazardous
use of such subject premises. Such owner shall be notified in writing
by certified mail, return receipt requested, or by hand delivery of
the approval of such plan and time schedule, together with revisions
and/or additional requirements to be met. Subsequent to such notification,
such owner shall conform to the standards and requirements as finally
determined by the Town Board within the time schedule so specified,
except where such owner makes application to the Town Board for a
public hearing as provided herein, in which case, conformance shall
be stayed until the decision of the Town Board subsequent to such
public hearing.
(2)
Within 10
days of receipt of notification of such plan and time schedule, together
with revisions and/or additional requirements, an owner of subject
premises may make written application to the Town Board for a public
hearing under this section for purposes of reviewing the traffic and
parking control standards required by the Town Board and to permit
such owner to submit any objections to the plan and time schedule
as may be revised by the Town Board, for the public record and for
the Town Board's further consideration.
(3)
Failure of the owner of such subject premises to conform to the standards and requirements as finally determined by the Town Board within the specified time schedule shall be a violation of this chapter and such owner shall be subject to the enforcement proceedings set forth in § 226-7 and to the penalties set forth in § 226-7 herein.
Any holder of a subject premises shall comply
with the following regulations:
A.
All roads, sidewalks,
driveways and parking areas used in connection with subject premises
must be kept in proper repair, free from potholes, free from dirt
where paved and free from refuse, snow and ice, except that snow may
be piled on subject premises as long as it does not interfere with
the internal circulation and parking of the parking area and does
not hinder driver vision when entering or leaving the subject premises.
B.
The subject premises
must be kept free and clear of ashes, dirt, debris, rubbish, garbage,
refuse and other obstructions and must be kept properly repaired and
maintained.
C.
Fire lanes, traffic
lanes and parking lines for parking spaces, where required, shall
be maintained and properly painted and marked so that such lanes and
lines will be clearly visible to vehicle operators and pedestrians.
D.
Because of the
traffic and safety hazard resulting from the random leaving of shopping
carts in parking and accessory areas by persons, holders which provide
shopping carts for its customers and shall allow its customers to
remove such carts from their store premises are required to take whatever
steps as are necessary to ensure that such carts are not left in parking
or accessory areas after use by such customers. Shopping cart collection
stations may be used in a parking area, provided that such stations
do not create a traffic hazard, are kept free of snow and ice and
are frequently policed by the store's employees so that the capacity
of the stations are not exceeded. Failure of a holder to remove its
cart from a parking or accessory area, other than from a cart collection
station with sufficient capacity, for more than 30 minutes after use
by a customer shall constitute a violation of this chapter by such
holder. Each cart that remains in a parking or accessory area in violation
of this regulation shall constitute a separate offense.
E.
All prescribed
lights on subject premises must be kept in proper working order and
lighted during the lighting period when the subject premises or any
portion thereof is being used by the holder, or the subject premises
or any portion thereof is open for business. The authorized official
may require the holder of any subject premises to reduce outdoor lighting
after business hours.
F.
All fences, signs,
screening, curbing, traffic barriers and islands, grass, trees, shrubbery,
landscaping, retaining walls, slopes and other space used in connection
with subject premises must be maintained and/or repaired.
G.
All water drainage
systems used in connection with subject premises must be kept clean
and in proper working order.
H.
All stormwater
retention ponds and systems related thereto used in connection with
subject premises shall be maintained in proper working condition.
I.
All exterior areas
on subject premises must be kept free and clear of the storage of
goods, wares and merchandise unless otherwise permitted by the authorized
official. Loading and unloading are to be done in designated zones
only.
J.
All refuse or
debris must be stored in a designated place or places in proper garbage
receptacles which shall be screened from public view by fencing or
other appropriate techniques.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
K.
There shall be,
at convenient places for use by the public, proper trash receptacles
which shall be sufficiently serviced to prevent overflow.
L.
Where required,
facilities for the parking of bicycles and motorbikes on subject premises
and parking spaces and related ramp facilities for handicapped persons
shall be maintained and properly designated.
M.
Any deterioration
of the exterior of any building on subject premises with respect to
painted surfaces, siding, roofing, brickwork, mortar joints, signs,
copings, overhangs, porches or other appendages, entrance or exit
doors, display windows or any other part of the building exterior
where such deterioration constitutes a hazard to the public, would
cause significant and serious damage to the structure itself, or is
unsightly and esthetically detrimental to subject premises or any
property near subject premises, must be repaired or corrected.
N.
Traffic and parking control standards to which holders of subject premises have conformed under § 226-4 of this chapter must be maintained.
O.
Engineering requirements,
landscape plans, parking and traffic control plans or any other criteria
or requirements upon which approval of a site plan or special permit
for subject premises is obtained from the Town Board upon recommendations
by the Planning Board or from the Zoning Board of Appeals must be
adhered to at all times.
A.
The following
vehicle and traffic control regulations shall be applicable to all
users of a parking area:
(1)
No vehicle
shall be driven or propelled within a parking area as defined herein
in excess of 15 miles per hour.
(3)
All persons
using a parking area shall obey all traffic control devices, including
stop signs, flashing signals, yield signs, directional signs and entrance
and exit signs contained in such parking area.
(4)
Where parking
spaces are designated in a parking area, the parking and standing
of vehicles shall only be permitted within such parking spaces.
(5)
It shall be
a violation of this chapter for any person to stop, stand or park
a vehicle in any area designated as a place for handicapped parking
as defined herein or within § 1203-a, 1203-b or 1203-c of
the Vehicle and Traffic Law unless such vehicle bears a permit issued
under § 1203-a or a registration issued under § 404-a
of the New York Vehicle and Traffic Law and such vehicle is being
used for the transportation of a severely disabled or handicapped
person.
[Added 11-7-1985 by L.L. No. 4-1985]
B.
The violation of any regulation in Subsection A shall be deemed a traffic infraction under Article 45 of the New York State Vehicle and Traffic Law and shall subject violators to the penalties and disposition of fines and forfeitures as set forth in said Article 45.
C.
The Monroe County
Sheriff's Department, the Webster Police Department, the Town of Webster
Special Police, and any other police agency having jurisdiction in
the Town of Webster are hereby authorized to enforce all regulations
and standards contained in this chapter of the Town Code of the Town
of Webster.
[Amended 11-7-1985 by L.L. No. 4-1985; 4-3-2014 by L.L. No.
3-2014]
B.
Any person, firm,
partnership or corporation who or which violates any provision of
this chapter shall be guilty of a misdemeanor and subject to a fine
of not less than $50 nor more than $500 or to imprisonment for not
more than six months, or both such fine and imprisonment; and in addition,
any person, firm, partnership or corporation who or which violates
any of the provisions of this chapter or omits or refuses to perform
any and every act hereby required shall respectively forfeit and pay
a penalty of $50 for each and every such violation and nonperformance.
The imposition of any such penalty or violation of this chapter shall
not excuse such violation nor permit the continuance thereof. The
application of the above penalty or penalties of the prosecution for
violation of the provisions hereof shall not be held to prevent the
removal, repair or correction of those conditions prohibited by this
chapter or prevent conformance to the standards and regulations of
this chapter by such legal means as may be proper.
C.
In addition to
any other penalty under the law, where there is a failure to comply
with the standards and regulations of this chapter and if after giving
45 days' written notice of such failure by certified mail, return
receipt requested, or by hand delivery, addressed to the owner of
record of subject premises, such failure to comply with such standards
and regulations or any part thereof has continued, the authorized
official, upon the direction of the Town Board, is hereby authorized
and empowered to remove, repair or correct those conditions prohibited
by this chapter and to otherwise bring subject premises into conformance
with the standards and regulations of this chapter. All costs and
expenses incurred by the town in connection with any action so taken
shall be assessed against the land upon which such action is taken.
A copy of this chapter shall be attached to any notice sent under
this subsection.
D.
Every day that
a violation of any of the provisions of this chapter is committed
or continues after written notice from the Town of Webster or service
of a summons upon a holder shall constitute a separate offense.
Where this chapter imposes greater restrictions
or standards than are imposed by the provisions of any law, ordinance,
regulation or private agreement, this chapter shall control. Where
greater restrictions are imposed by any law, ordinance, regulation
or private agreement than are imposed by this chapter, such greater
restrictions and standards shall control.
