A.
Definitions of words and phrases.
(1)
The words and phrases used in this chapter shall,
for the purposes of this chapter have the meanings respectively ascribed
to them by Article 1 of the Vehicle and Traffic Law of the State of
New York.
(2)
CURBLINE
HOLIDAYS
PUBLIC PARKING LOT
The following words and phrases, which are not defined
by Article 1 of the Vehicle and Traffic Law of the State of New York,
shall have the meanings respectively ascribed to them in this section
for the purposes of this chapter:
The prolongation of the lateral line of a curb or, in the
absence of a curb, the lateral boundary line of the roadway.
New Year's Day, Lincoln's Birthday, Washington's Birthday,
Memorial Day, Independence Day, Labor Day, Columbus Day, Veterans
Day, Thanksgiving Day, Christmas Day and Easter shall be considered
"holidays."
A plot or parcel of land or building owned and/or leased
by this City not including highways, upon or within which the parking
of vehicles is regulated by signs and/or parking meters.
B.
Word usage; interpretation.
(1)
Official time standard. Whenever certain hours are
named herein or on traffic control devices, they shall mean the time
standard which is in current use in this state.
(2)
Measurements. Any linear measurements specified for
various regulations contained in this chapter shall be deemed to be
approximate to the extent that such measurements and the regulation
to which they pertain shall not be affected or altered in any way
by the widening of a street, by the construction of curbs, gutters
or sidewalks or by any other action which might tend to obliterate
the point from which such measurements were originally made. Unless
otherwise indicated, measurements shall be made from the nearest curbline
of the street referred to in the location description or, if there
is no curbline, from the nearest pavement edge.
(3)
For the purposes of this chapter and the regulations
adopted pursuant thereto, the Erie-Lackawanna Railroad main line and
the streets running generally parallel thereto are deemed to run in
an east-west direction, and streets running generally at right angles
thereto are deemed to run in a north-south direction.
The Chief of Police shall provide for the installation
and maintenance of traffic control devices when and as required under
the provisions of this chapter, to make effective the provisions of
this chapter, and may install and maintain such additional traffic
control devices as he may deem necessary to regulate, warn or guide
traffic under the Vehicle and Traffic Law of the State of New York,
subject to the provisions of §§ 1682 and 1684 of that
law.
A.
For the purpose of maintaining an accurate record of all regulations adopted under the provisions of this chapter, there is hereby established a system of schedules, appearing as Article VII of this chapter, in which shall be entered all regulations after adoption or promulgation. Such schedules shall be deemed a part of the section to which they refer. All regulations shall be adopted with reference to the appropriate schedule as indicated in the various sections of this chapter.
B.
Pursuant to § 1603 of the Vehicle and Traffic
Law, the Chief of Police of the City of Port Jervis is hereby authorized
to adopt and promulgate regulations in accordance with and implementing
the provisions of this chapter and the Vehicle and Traffic Law and,
in particular, relating to the schedules established by this chapter.
Such regulations shall become effective only upon filing of signed
copies thereof with the City Clerk-Treasurer. Notwithstanding the
delegation of such authority to the Chief of Police, the Common Council
reserves the right to adopt such regulations as it deems advisable
under this chapter and to modify or expand the authority delegated
to the Chief of Police.
[Amended 2-26-2007 by L.L. No. 2-2007; 1-28-2013 by L.L. No.
1-2013]
Every person convicted of an offense against any provision of this chapter which is not an offense against any provision of the Vehicle and Traffic Law of the State of New York shall be deemed guilty of a traffic infraction and shall be punished as provided in § 1800 of the Vehicle and Traffic Law. Such will be subject however to any additional requirements, fines and or punishments for convictions of an offense against any provision as defined in § 505-19.
A.
Except those parts, if any, which are subject to approval
under § 1684 of the Vehicle and Traffic Law of the State
of New York and § 46 of the Highway Law of the State of
New York, this chapter and any regulations adopted hereunder shall
take effect as provided by law.
B.
Any part or parts of this chapter and any regulations
adopted hereunder which are subject to approval under § 1684
of the Vehicle and Traffic Law and § 46 of the Highway Law
of the State of New York shall take effect from and after the day
on which approval in writing is received from both the New York State
Department of Transportation and the New York State Department of
Public Works.
If any article, section, subsection, paragraph,
sentence, clause or provision of this chapter shall be adjudged by
any court of competent jurisdiction to be invalid, such adjudication
shall not affect, impair or invalidate the remainder thereof but shall
be confined in its operation to the article, section, subsection,
paragraph, sentence, clause or provision thereof directly involved
in the controversy in which such judgment shall have been rendered.
All prior local laws, ordinances, regulations
and rules or parts of such of the City of Port Jervis regulating traffic
and parking are hereby repealed, except that this repeal shall not
affect or prevent the prosecution or punishment of any person for
any act done or committed in violation of any local law, ordinance,
regulation or rule hereby repealed prior to the taking effect of this
chapter.
[Added 11-24-1997 by L.L. No. 8-1997]
A.
Regulations not exclusive. The provisions of this
chapter imposing a time limit on parking or standing on a public street
for the purpose of performing maintenance on a vehicle shall not relieve
any person of the duty to observe other and more restrictive provisions
prohibiting or limiting the stopping, standing or parking of vehicles
as set forth in the New York State Vehicle and Traffic Law or the
Code of the City of Port Jervis or any New York statute or as hereinafter
provided.
B.
Repairing vehicle parked on street. No person, persons,
firm, partnership or corporation shall, at any hour of the day or
night, make mechanical repairs or perform any routine maintenance
of any nature or description whatsoever to any motor vehicle while
said motor vehicle is parked, stored, positioned or standing on any
public street, avenue, road or highway within the corporate limits
of the City of Port Jervis.
C.
Limited repair permitted. Limited repair of a vehicle
is permitted if such repair is of an emergency nature and such repair
shall not last more than 15 minutes.
D.
Penalties for offenses; enforcement. Any person committing
an offense against any provision of this chapter shall, upon conviction
thereof, be guilty of a violation pursuant to the Penal Law of the
State of New York, punishable by a fine not exceeding $250 or by imprisonment
for a term not to exceed 15 days, or 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.
