The provisions of this article shall apply except
when it is necessary to stop a vehicle to avoid conflict with other
traffic or in compliance with the directions of a police officer or
official traffic control device.
For the purposes of this Chapter, boats and
trailers shall be subject to the same provisions as vehicles in matters
pertaining to parking regulations.
[Amended 7-30-1979 by Ord. No. 79-76; 6-2-1986 by L.L. No. 2-1986; 8-25-1997 by Ord. No. 97-23]
A.
Where specifically posted, all-night parking is permitted
during twenty-four-hour periods, commencing at the hour posted, on
the even-numbered side of the highways within this City on Monday,
Wednesday and Friday and on the odd-numbered side of the highways
within this City on Tuesday, Thursday and Saturday of each week.
[Amended 6-2-1986 by L.L. No. 2-1986]
[Amended 10-11-1994 by Ord. No. 94-30]
A.
Whenever the Mayor finds that an accumulation of snow
and ice of more than three inches will make it necessary that motor
vehicle traffic be expedited and that parking on City streets be prohibited
or restricted for snowplowing, sanding and other purposes, he may
declare a "snow emergency" and implement the parking prohibition rules
as described by this section. When the Mayor has declared a snow emergency,
the following rules shall apply:
(1)
Alternate parking regulations and priority street
regulations are temporarily suspended on all City streets.
(2)
Parking prohibitions on all City streets shall start
at either 8:00 a.m. or 8:00 p.m. at which time it shall be required
that vehicles be moved to the even-numbered side of the street. Parking
on the odd-numbered side of the street is strictly prohibited for
the next 24 hours. After said twenty-four-hour period, and for the
next 24 hours, parking is strictly prohibited on the even-numbered
side of the street. Therefore, all vehicles must be moved to the odd
side of the street for this second twenty-four-hour period. After
48 hours have elapsed from the initial designated time, the Mayor
will officially declare snow emergency parking ended unless conditions
require an extension.
(3)
Driving prohibitions. In a declared snow emergency,
the Mayor may also restrict driving on all or designated portions
of City streets.
(4)
The Mayor shall notify radio and television stations
and newspapers that alternate side of the street parking rules are
in effect and/or that a snow emergency has been declared and request
them to notify the public of parking and driving prohibitions.
B.
Special snow removal. The City may restrict parking
on designated streets and areas for special snow removal purposes.
Emergency signs shall be posted.
C.
Condition of motor vehicles operated during snow emergencies.
(1)
It shall be unlawful for any person to operate a motor
vehicle during a snow emergency which shall allow such vehicle to
become stalled wholly or partly because the drive wheels thereof are
not equipped properly for snow.
(2)
It shall be unlawful for any person operating a motor
vehicle on a street when there is a covering of snow, sleet or ice
on which there is a parking prohibition in effect to allow such vehicle
to become stalled because the motor fuel is exhausted or the battery
has become inoperative.
D.
Stalled vehicles. Whenever a vehicle becomes stalled
for any reason, whether or not in violation of this section, on any
part of a street on which there is a covering of snow, sleet or ice
or on which there is a parking prohibition in effect, the person operating
such vehicle shall take immediate action to have the vehicle towed
or pushed off the roadway into the first available legal parking space.
No person shall abandon or leave his vehicle in the roadway (regardless
of whether he indicated, by raising the hood or otherwise, that the
vehicle is stalled) except for the purpose of securing assistance
during the actual time necessary to go to a nearby telephone or to
a nearby garage, gasoline station or other place of assistance and
return without delay.
E.
Provisions temporarily effective to take precedence.
Any provision of this section which becomes effective by declaration
of the Mayor, while temporarily in effect, takes precedence over other
conflicting provisions of law normally in effect, except that it shall
not take precedence over provisions of law relating to the following:
(1)
Vehicles may not be parked on either side of a street
presently restricted on both sides during a declared snow emergency.
(2)
Parking at fire hydrants, crosswalks, in front of
driveways and turning lanes or anywhere that may be considered a traffic
hazard is never permissible. Vehicles parked at these locations will
be ticketed and towed.
(3)
The City Traffic Commission may from time to time
exempt certain streets from the provisions of this section.
F.
Removal and storage of vehicles. Any vehicle parked on any street in violation of any of the provisions of this section may be removed and stored pursuant to §§ 248-53, 248-54 and 248-55 of the Schenectady Code.
(1)
Unclaimed vehicles; public auction. Whenever any vehicle
which has been impounded by the Police Department remains in the possession
of the Department unclaimed by any person having the right to the
possession of such vehicle for a period of 60 days, such vehicle shall
be sold under the direction of the purchasing agent, at public auction,
to the highest bidder, after notice of such auction has been given
for not less than one week, by one publication in the official newspaper
of the City of Schenectady.
(2)
Publication requirements. Such notice of publication
shall describe the vehicle with reasonable certainty, by manufacturer's
trade name or make, registration or license number and the name of
the person to whom, if known, the vehicle belongs, or, if the name
of the owner is unknown, that fact shall be stated.
(3)
Redeeming of vehicles. The owner of such vehicle or his agent may,
within 60 days from the date of impounding, redeem the vehicle by
making payment to the City of Schenectady. The amount of the administration
fee shall be set by resolution of the City Council, for each vehicle
so removed or stored. Said owner shall also sign a written receipt
for such vehicle. Said sum shall be in addition to any bond required
for the violation for which the vehicle was towed.
[Amended 7-8-2013 by Ord. No. 2013-20]
G.
Parking during general plowing. Whenever Subsection A of this section is not put into effect, but, whereas general plowing operations are to be carried out, all other posted parking restrictions shall remain in effect.
[Amended 3-25-1985 by Ord. No. 85-26; amended 5-26-1992 by Ord. No. 92-22; 7-31-1995 by Ord. No. 95-23; 8-14-2006 by Ord. No. 2006-11]
The prohibition of parking, standing or stopping of vehicles on streets within the City of any parking time limitation is hereby delegated to the City Engineer pursuant to Article II of this chapter. All existing regulations, including ordinances and City Engineer rulings, pertaining to the above, are hereby continued in authority, and the signs presently in use or their replacements are hereby authorized as enforceable signs. For purposes of this § 248-39, a "special event" shall be any function, event, happening, meeting of people or planned occasion which could increase the level of pedestrian and/or vehicular traffic over those consistent levels characteristic of normal business hours (Monday through Friday 9:00 a.m. to 5:00 p.m.). Such standard shall be interpreted at the reasonable discretion of the City.
A.
Operating and parking of motorized vehicles on Jay
Street and Stratton Plaza are prohibited.
(1)
No person shall operate or park any car, motorized
vehicle or bicycle on the Jay Street pedestrian walkway which is between
State Street and Franklin Street, the Stratton Plaza pedestrian walkway
between Clinton Street and Broadway or Lamp Lane existing between
Stratton Plaza and the properties bordering State Street. This subsection
shall not apply, however, in the following instances:
(a)
Vehicles making delivery to Jay Street daily
between the hours of 7:00 a.m. and 9:30 a.m. and 5:30 p.m. and 11:00
p.m., except Thursdays.
(b)
Vehicles in excess of 10,000 pounds making deliveries
to Stratton Plaza and/or Lamp Lane daily between the hours of 12:00
a.m. and 7:00 a.m.
(c)
Emergency vehicles, including but not limited
to police, fire, ambulance, and public utility vehicles.
(d)
Such other vehicles as are authorized on Jay
Street, upon application, by the Police Department.
(e)
Such other vehicles less than 10,000 pounds
which are required for pickups and deliveries on Stratton Plaza and
Lamp Lane shall be permitted for only those properties abutting these
public rights-of-way for a maximum of 15 minutes (standing only; no
parking shall be allowed).
(f)
For any parking or standing on Lamp Lane, the
operator shall be in attendance at all times to allow for immediate
removal/coordination with all users of the alley, including emergency
vehicles.
(g)
There will be no parking or standing in Stratton
Plaza and/or Lamp Lane when a snowfall exceeds three inches. The costs
of snow removal for special events shall be borne by the originator
of the special event as determined by the Commissioner of General
Services.
(h)
Special events shall be coordinated with the
Police Department and shall have a preapproved traffic control plan
in place before each special event. The proposed plan shall be submitted
to the City at least 30 days prior to any such event on forms provided
by the Police Department of the City of Schenectady. The approved
plan shall be provided by hand delivery to each property within the
400 block of State Street. All reimbursable costs incurred by the
City for any activity related to a special event shall be the responsibility
of the event holder and paid to the City.
(2)
Vehicles entering Jay Street pursuant to one of the
above exceptions shall enter from Franklin Street.
(3)
Vehicles entering Stratton Plaza and/or Lamp Lane
pursuant to the above exceptions shall enter from Broadway only. Vehicles
leaving Stratton Plaza and/or Lamp Lane shall exit to Broadway. An
exception to this traffic pattern may be allowed upon preapproval
of a traffic plan.
(4)
Unless otherwise authorized by the Commissioner of
General Services, trash will be collected daily between the hours
of 6:00 a.m. and 7:00 a.m., Monday through Friday, except for City
holidays. Trash shall be set out on Lamp Lane only. No trash will
be allowed to be set out or collected on Stratton Plaza. No storage
or use of any kind, except permitted herein, shall be allowed on Stratton
Plaza and/or Lamp Lane unless specifically approved in writing by
the Commissioner of General Services. Trash collection during weekends,
holidays or special events shall be by the respective property owner/generator.
All solid waste and recyclable material must be set out in containers
approved by the Commissioner of General Services. No waste, waste
receptacles or personal property of any kind will be permitted to
be stored on Stratton Plaza or Lamp Lane between collection periods.
Empty trash receptacles must be removed and stored within the property
until within one hour of collection. Trash shall be set out no earlier
than 5:00 p.m. the preceding day.
B.
Skateboards.
(1)
SKATEBOARD
Definitions. As used in this subsection, the following
terms shall have the meanings indicated:
A platform which is mounted on wheels, designed or used in
fact for riding underfoot and having no mechanism or other device
with which to steer or control the direction of movement thereof while
being used.
(2)
Prohibited acts. Except in specifically designated areas, no person shall ride or propel any skateboard on any street, highway, sidewalk or public path within the area known as the "Downtown Special Assessment District" and described in § 9-2 of the City of Schenectady Code of Ordinances and/or within the area known as the "Upper Union Street Business Improvement District" and described in § 8-1 of the City of Schenectady Code of Ordinances.
[Amended 11-14-2011 by Ord. No. 2011-19]
(3)
Traffic infraction; responsibility of parents.
(4)
Penalties for offenses. Every person convicted of a violation of
any provision of this subsection shall be punished by a fine not to
exceed $125 and/or by impounding of such person's skateboard for a
period not to exceed 30 days and/or a period of community service
determined by the Court, except the play vehicle may also be impounded
until payment of any fine assessed by the Court.
[Amended 11-14-2011 by Ord. No. 2011-19]
[Amended 7-30-1979 by Ord. No. 79-76]
A.
No person
may park, stand or stop a vehicle at places designated by signs prohibiting
parking, standing or stopping, as the case may be.
B.
On Willett Street, between Main Street and Francis Avenue, there
shall be alternate side parking from November 1 until April 30 each
year, and the City Engineer shall be responsible to design appropriate
signs for display in that area.
[Added 9-9-2019 by Ord.
No. 2019-07]
When signs prohibiting parking are erected on
narrow streets, no person shall park a vehicle in any such designated
place.
When signs are erected upon approach to hazardous
or congested places, no person shall stop, stand or park a vehicle
in any such designated place.
When signs are erected indicating no parking
upon that side of the street adjacent to any school property, no person
shall park a vehicle in any such designated place.
No person shall stop, stand or park any vehicle
upon a street in such a manner or under such conditions as to leave
available insufficient width of the roadway for free movement of vehicular
traffic, except that a driver may stop temporarily during the actual
loading or unloading of passengers or when necessary in obedience
to traffic regulations or traffic signs or signals or a police officer.
When signs are erected in each block giving
notice thereof, no person shall park a vehicle within the district
or upon any of the streets so signed, except in accordance with the
time limit specified.
No person shall park a vehicle in front of a
funeral home on the day and during the hours of a funeral when the
proper signs are posted.
A.
No person shall stop, stand or park a vehicle for
any purpose or period of time, other than for the expeditious loading
or unloading of passengers in any place marked as a passenger zone,
during hours when the regulations applicable to such passenger zone
are effective.
B.
No person shall stop, stand or park a vehicle for
any purpose or length of time, other than for the expeditious unloading
and delivery or pickup and loading of materials, in any place marked
as a loading zone during hours when the provisions applicable to loading
zones are in effect. In no case shall the stop for loading and unloading
of materials exceed 30 minutes.
C.
It shall be unlawful for the operator of any bus to
stop further than 12 inches from and parallel to the curb for the
purpose of receiving or discharging passengers when such space is
free from any obstruction which would prevent the operator of such
bus from stopping in such a position. In the event of any obstruction,
the operator of such bus shall stop as near as possible to the curb.
A.
The driver of a bus or taxicab shall not stand or
park upon any street in any business district at any place other than
at a bus stop or a taxicab stand respectively, except that this provision
shall not prevent the driver or any such vehicle from temporarily
stopping in accordance with other stopping or parking regulations
at any place for the purpose of and while actually engaged in loading
or unloading passengers.
B.
No person shall stop, stand or park a vehicle other
than a bus in a bus stop or other than a taxicab in a taxicab stand
when any such stop or stand has been officially designated and appropriately
signed, except that the driver of a passenger vehicle may temporarily
stop therein for the purpose of and while actually engaged in loading
or unloading passengers when such stopping does not interfere with
any bus or taxicab waiting to enter or about to enter such zone.
[Amended 5-6-1996 by Ord. No. 96-27; 7-24-2006 by Ord. No. 2006-8]
A.
No person shall stand or park a vehicle upon any public
street, parkland or other City property for the purpose of:
(1)
Displaying it for sale.
(2)
Washing, greasing or repairing such vehicle, except
repairs necessitated by an emergency.
(3)
Storage. For purposes of this chapter, storage shall
include the placement, parking, or standing of any unregistered or
uninspected vehicle or any vehicle discharging any fluid other than
water on any public street, parkland or other City property except
where specifically authorized by the City of Schenectady Police Department.
B.
It shall be unlawful to place, park or stand any inoperable
vehicle on any public property or City street for more than 48 hours.
A vehicle shall be deemed inoperable when for whatever reason it is
incapable of being moved under its own power. “Incapable of
operation” shall include mechanical failure, a vehicle having
a broken windshield or windows, deflated (flat) tires or any combination
of damage or conditions which cumulatively render the vehicle incapable
of immediate operation. “Incapable of operation” shall
also include any vehicle that, by reason of accumulated snow and/or
ice, is incapable of immediate movement, has remained on any City
street for more than 48 consecutive hours following the cessation
of snowfall or similar weather conditions, and is determined by the
Commissioner of General Services to be hindering or obstructing snow
removal operations (snowbound). Before such vehicle is removed, reasonable
efforts shall be made to identify and notify the owner.
[Amended 2-11-2008 by Ord. No. 2008-01]
C.
It shall be unlawful to place, park, stand or store
any trailer (including trailers attached to a registered vehicle),
recreational vehicle, house coach, vessel or boat, bus or school bus,
semi trailer, automobile transporter, or tractor or tractor-trailer
on any public property or City street for a period exceeding 48 hours
except where specifically authorized by the City of Schenectady.
D.
Removal of any vehicle found to be in violation of
this section shall be governed by § 1224 of the New York
State Vehicle and Traffic Law and applicable orders, policies and
operating procedures as promulgated by the Chief of Police.
[Amended 11-26-1973 by Ord. No. 16252]
No person shall stop, stand or park a vehicle,
except when necessary to avoid conflict with other traffic or in compliance
with the directions of a police officer or traffic control device,
in any of the following places:
A.
At any place where traffic signs or markings have
been erected or placed prohibiting standing and parking.
B.
In front of or within 15 feet of points on the curb
immediately opposite the marginal side lines of theater entrances.
C.
Within 30 feet from the intersection of curblines
or, if none, then within 15 feet of the intersection of property lines,
real or projected, at an intersection, unless otherwise authorized
herein.
D.
Underneath or within 50 feet of any railroad bridge
unless otherwise authorized by signs or parking meters.
E.
Between the curb or the edge of the pavement and private
property.
F.
In the area between roadways of a divided highway,
including crossovers and ends of such areas.
G.
In addition, the provisions of § 1202 of
the State Vehicle and Traffic Law shall be observed.
[Amended 10-9-1979 by Ord. No. 79-95]
The Police Department is hereby authorized to
remove or cause to be removed any vehicle which is parked in violation
of any of the provisions of this chapter or rules and regulations
of the City Engineer.
The Police Department is hereby authorized to
remove or cause to be removed any vehicle which is parked in such
a manner as to be considered hazardous to the safe operation of traffic
or to interfere with emergency operations of the municipality or any
department or bureau thereof.
A.
The Police Department is hereby authorized to remove
or cause to be removed any vehicle from any of the streets in the
City following a snowfall of three or more inches or at any other
time of day or night when such removal is, in the considered opinion
of the Police Department or the Superintendent of Service, necessary
to facilitate snow and ice control operations.
B.
The Police Department is hereby authorized to remove
or cause to be removed any vehicle from any of the streets in the
City when such removal is, in the considered opinion of the Police
Department or the Superintendent of Service, necessary to facilitate
snow and ice control operations, except that no such removal shall
be directed by any of the officials described above unless appropriate
traffic signs have been placed warning the public that such work is
to be done.
When any vehicle is removed pursuant to this
article, it shall be transported to a suitable storage space. A record
shall be made of the license number of the vehicle and the location
at which the vehicle is stored, and the owner shall be notified that
the vehicle has been removed and where it is located.
The cost of the removal of a vehicle pursuant
to this article shall be levied against the owner thereof.
Whenever an officer removes a vehicle from a
street under this article and does not know and is not able to ascertain
the name of the owner or, for any other reason, is unable to give
notice to the owner as hereinbefore provided and in the event that
the vehicle is not returned to the owner within a period of three
days, the officer shall immediately send or cause to be sent a written
report of such removal by mail to the Motor Vehicle Department of
the State of New York, whose duty it is to register motor vehicles,
and shall file a copy of such notice with the proprietor of any public
garage in which the vehicle may be stored. Such notice shall include
a complete description of the vehicle, the date, time and place from
which removed, the reasons for such removal and name of the garage
or place where the vehicle is stored.
[Added 3-11-1996 by Ord. No. 96-14]
A.
Motor vehicles impounded pursuant to § 511, Subdivision (1)(a) and § 511, Subdivision (1)(b), of the Vehicle and Traffic Law of the State of New York or any chapter or section of this City Code except § 248-38 shall be held by the Schenectady Police Department or its duly contracted agent. Additionally, said owner shall also be charged an administration fee, the amount of which shall be set by resolution of the City Council, for each vehicle so removed, immobilized or stored. Such impound fine is in addition to any charge for towing, hauling, or storage of the vehicle.
[Amended 5-10-1999 by Ord. No. 99-09; 7-8-2013 by Ord. No. 2013-20]
B.
Said fines shall be paid in full prior to redemption
or other release of said vehicle.
[Added 1-5-1981 by Ord. No. 80-160; amended 3-29-1982 by Ord. No. 82-16; 3-15-1993 by Ord. No. 93-11]
A.
Officers of the City of Schenectady Police Department,
civilian parking enforcement personnel and municipal code enforcement
officers are authorized to issue appearance tickets for unlawful parking
in established fire lanes and handicapped parking spaces located in
parking lots of local hospitals, shopping centers or areas of private
apartment housing or condominium developments and fire stations.
B.
Law enforcement personnel shall have free access to
the above-mentioned public or private parking lots, and written requests
to law enforcement personnel are not necessary.
[Added 9-18-1989 by L.L. No. 4-1989]
It is the intent of the City Council to augment
the Department of Police of the City of Schenectady with the issuance
of appearance tickets for parking violations or offenses.
[Added 9-18-1989 by L.L. No. 4-1989; amended 1-30-1995 by L.L. No. 2-1995]
A.
Pursuant to the provisions of the Municipal Home Rule
Law, the Chief of Police shall be authorized to engage a necessary
number of persons who shall be invested with the power to issue appearance
tickets for violations of any statute, local law, ordinance, rule
or regulation relating to parking.
B.
Parking Division employees are specifically designated
as agents of the Chief of Police who shall be invested with the power
to issue appearance tickets throughout the City of Schenectady for
violations of any statute, local law, ordinance, rule or regulation
relating to parking. Said Parking Division employees will continue
to be supervised by the Parking Division Supervisor and be a part
of the Parking Division.
[Added 9-18-1989 by L.L. No. 4-1989]
Nothing contained in this chapter shall abrogate
or diminish the duties and powers of the police officers or peace
officers of the City of Schenectady already invested in them by any
other law.
[Added 9-18-1989 by L.L. No. 4-1989]
Any ambiguity with respect to any provision
herein or interpretation hereof shall be governed by § 10,
Subdivision 4(a), of the Municipal Home Rule Law.
