[Amended 2-26-1985 by L.L. No. 5-1985[1]]
The purposes of this article are to restrict
and regulate the parking of vehicles in designated areas within the
Town of New Castle; to provide for the installation, use, maintenance
and policing of parking meters within certain of such designated areas;
to establish restrictions upon the use of certain other designated
areas; and to provide for the fixing, payment, collection and application
of fees for the privilege of parking vehicles in such areas.
[1]
Editor's Note: This local law also provided
that it shall take effect 4-1-1985.
[Amended 11-13-1984 by L.L. No. 10-1984; 2-10-1987 by L.L. No. 2-1987]
The following land, streets or portions of streets lying within the Town of New Castle are hereby set aside and designated as an area within which parking meters may be installed, and restricted parking shall be established in accordance with the provisions of this article and Article II hereof:
A.
Beginning at a point on the southwest side of Quaker
Street, said point being formed by the said southwest side of Quaker
Street and southeast side of Allen Place; thence, from said point
of beginning, in a southeast direction along the southwest side of
Quaker Street to a point in the northeast side of the property owned
by J.J. Dolce; thence along said northeast side N68° 58 26E a
distance of 57.32 feet; thence S21° 01 34W a distance of 150.00
feet to a point on the north side of Woodburn Avenue; thence across
Woodburn Avenue S21° 01 34W a distance of 60.00 feet; thence along
the northwest and southwest line of property now or formerly belonging
to Anna B. Nielson S21° 01 34W a distance of 150.00 feet and S68°
58 26E a distance of 100.00 feet to a point in the west side of South
Greeley Avenue; thence in a south direction along the west side of
South Greeley Avenue to a point in the curve that joins the west side
of South Greeley Avenue and the northeast side of Old Pines Bridge
Road; thence along said curve to the right and in a northwest direction
along the northeast side of Old Pines Bridge Road and extending the
same northeast side to a point in the southeast side of property now
or formerly owned by the New York Central and Harlem Railroad Company;
thence along said southeast side in a northeast direction N43°
05 34E an approximate distance of 735 feet to a point in the southwest
side of Quaker Street; thence across Allen Place along the southwest
side of Quaker Street in a southeast direction to the point or place
of beginning; and
B.
Beginning at a point, said point being the intersection
of the westerly curb of reconstructed Old Pines Bridge Road with the
northerly boundary of Washington Avenue; thence westerly along the
northerly boundary of Washington Avenue 440 feet, plus or minus, to
the boundary line between the Towns of New Castle and Mount Pleasant;
thence northwesterly, along said boundary between the Town N56°
49 40W 306.36 feet to a corner; thence N19° 05 30W 75.30 feet
to the lands now or formerly of the Penn Central Railroad; thence
northeasterly along the boundary of Penn Central 385 feet, plus or
minus, to a corner; thence, easterly, through the lands now or formerly
of the Town of New Castle 350 feet, plus or minus, to the westerly
curb of reconstructed Old Pines Bridge Road; thence southerly along
the westerly curb 400 feet, plus or minus, to the point or place of
beginning.
[Amended 7-17-1979 by L.L. No. 7-1979; 10-23-1979 by L.L. No.
15-1979; 2-25-1986 by Ord. No. 2-1986; 2-10-1987 by L.L. No.
2-1987]
The map attached hereto and made a part hereof establishes the traffic flow pattern for the restricted parking area described in § 123-27A and B, including the entrances and exits.[1] Designations on the map relating to matters other than
traffic flow are for information purposes only. The traffic flow for
all or a portion of the area shown may be changed from time to time
by resolution of the Town Board upon advice of the Chief of Police.
Any such change of the traffic flow shall be shown by appropriately
placed signs and upon such posting, shall supersede this map to the
extent that such change is inconsistent with said map.
[1]
Editor's Note: Said map may be found at the
end of this chapter.
[Amended 2-10-1987 by L.L. No. 2-1987]
The acquisition and installation within the area described in § 123-27 hereof of coin-operated mechanical meters, of specifications to be adopted and approved from time to time by the Town Board, is hereby authorized. The proceeds therefrom shall be used to defray the cost of acquisition and installation thereof and the cost of operation of parking meter areas and restricted parking areas, as hereby or hereafter designated or acquired, and for the general purpose of the Town of New Castle and New Castle Parking District No. 1, respectively.
[Amended 11-13-1984 by L.L. No. 10-1984; 2-26-1985 by L.L. No. 5-1985; 2-25-1986 by L.L. No. 2-1986; 2-10-1987 by L.L. No.
2-1987]
A.
The operation of said parking meters and restricted parking areas described in § 123-27A, B and C shall apply daily Monday through Friday, except Saturdays, Sundays and the following holidays:
[Amended 5-21-2001 by L.L. No. 4-2001]
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New Year's Day
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Martin Luther King's Birthday
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Presidents' Day
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Memorial Day
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July Fourth
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Labor Day
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Columbus Day
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Election Day
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Veterans' Day
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Thanksgiving Day
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Christmas Day
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[Amended 7-17-1979 by L.L No. 7-1979; 10-23-1979 by L.L. No.
15-1979; 12-10-1984 by L.L. No. 11-1984;[1] 10-9-1990 by L.L. No. 37-1990; 5-25-1999 by L.L. No.
8-1999]
A.
The charge for parking a vehicle in a parking metered
area shall be at a rate as set forth by resolution of the Town Board
in the Master Fee Schedule, which may be amended.
[Amended 9-10-2002 by L.L. No. 8-2002]
B.
In addition to payment of the fees designated in Subsection A, only vehicles with resident parking meter permits may park in those portions of the parking meter areas as the Town Board may determine by resolution from time to time. Resident parking meter permits shall be issued to all New Castle residents who apply for the same by the Town Clerk for a fee as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.
[Amended 9-10-2002 by L.L. No. 8-2002]
C.
Such permits shall be displayed at all times when
the vehicle is parked in those metered parking areas which the Town
Board has determined to be for residents only. This section shall
not take effect until September 8, 1999.
[1]
Editor's Note: Section 4 of this local law
provided that this amendment shall become effective upon publication
of notice that appropriate meters have been installed and are operable.
[Amended 10-25-1977 by L.L. No. 17-1977; 11-14-1978 by L.L. No. 8-1978; 12-10-1984 by L.L. No. 11-1984; 2-26-1985 by L.L. 5-1985; 7-23-1985 by L.L. No. 10-1985; 2-25-1986 by L.L. No.
2-1986]
A.
Display of permit; exceptions.
[Amended 1-13-2009 by L.L. No. 3-2009; 7-14-2015 by L.L. No. 8-2015; 12-13-2016 by L.L. No. 10-2016]
(1)
A vehicle displaying a Town of New Castle parking permit may be parked
in a restricted parking area at any time during the period for which
such permit is valid. The permit shall be displayed in a location
on the dashboard in such a manner that it shall be readily visible
and readable or in a transparent plastic holder supplied by the Town
and affixed to the rear window on the driver's side so as to be clearly
visible from the outside of the vehicle.
(2)
Motorcycles and mopeds and other two-wheeled motor-powered vehicles
may park in the portion of the restricted area designated by signs
for that purpose, as determined by the Chief of Police, without fee
or display of permit.
(3)
The Chief of Police shall designate up to 100 parking spaces and
provide for appropriate signs to restrict parking for use by compact
cars only. A "compact car" shall be defined to mean an automobile
with two axles with a wheel base not exceeding 107 inches.
(4)
A vehicle displaying a Town of New Castle Clean Pass priority parking
permit and a resident commuter parking permit may park in the portion
of the restricted area designated for Clean Pass priority parking
at any time during the period for which such permit is valid. The
size and location of the Clean Pass priority parking area shall be
determined by the Town Board by resolution and shall be identified
by signage. The Clean Pass priority parking permit shall be affixed
on the left side of the rear bumper of the vehicle. Clean Pass priority
parking restrictions will be in effect weekdays, Monday through Friday,
excluding federal holidays.
[Amended 5-23-2023 by L.L. No. 3-2023]
(5)
An all-electric vehicle or plug-in hybrid displaying a Town of New
Castle Clean Pass priority parking permit and a resident commuter
parking permit may park in the portion of the restricted area reserved
for electric vehicles while the vehicle is charging. The location
of the electric vehicle priority parking spaces shall be determined
by the Town Board by resolution and shall be identified by signage.
Priority parking restrictions for hybrid and electric vehicles will
be in effect weekdays, Monday through Friday, excluding federal holidays.
[Amended 5-23-2023 by L.L. No. 3-2023]
B.
The Town Clerk of the Town of New Castle shall issue
parking permits on an annual basis as follows:
[Amended 1-27-1987 by L.L. No. 1-1987; 2-9-1988 by L.L. No. 1-1988; 11-9-1999 by L.L. No. 20-1999]
(1)
Annual permits shall be issued in each year for the
twelve-month period commencing June 15 and ending June 14.
[Amended 5-9-2006 by L.L. No. 3-2006]
(2)
The Town Clerk shall issue parking permits to residents
during each fiscal year as applications are received at a fee as set
forth by resolution of the Town Board in the Master Fee Schedule,
which may be amended. Such fee shall be prorated quarterly.
[Amended 2-13-1990 by L.L. No. 2-1990; 9-10-2002 by L.L. No. 8-2002]
(3)
The Town Clerk may issue to nonresidents as defined in § 123-32F during each fiscal year, commencing June 1, 1999, up to 100 commuter parking permits. The number of such permits to be issued in any year shall be determined by resolution of the Town Board from time to time. Permits shall be allocated to applicants on a lottery basis in accordance with procedures to be established by the Town Clerk, but the Town Board may from time to time by resolution establish preferences for volunteer members of emergency service organizations with jurisdiction over any part of the Town. The fee for nonresident permits shall be in an amount as set forth by resolution of the Town Board in the Master Fee Schedule, which may be amended.
[Amended 2-13-1990 by L.L. No. 2-1990; 5-25-1999 by L.L. No. 8-1999; 9-10-2002 by L.L. No. 8-2002]
(4)
The Town Clerk shall issue Clean Pass priority parking
permits to residents for vehicles already on or being added to resident
commuter parking permits, but not metered parking permits, during
each fiscal year as applications are received.
[Added 1-13-2009 by L.L. No. 3-2009[1]]
[1]
Editor's Note: This local law also redesignated
former Subsection B(4), (5), (6) and (7) as Subsection B(5), (6),
(7) and (8), respectively.
(5)
Upon surrender of a permit, refund shall be made for
any remaining full-quarter periods to the end of the fiscal year.
[Amended 2-13-1990 by L.L. No. 2-1990]
(6)
Replacement permits.
[Amended 2-13-1990 by L.L. No. 2-1990; 4-11-1995 by L.L. No. 3-1995; 9-10-2002 by L.L. No. 8-2002]
(a)
A replacement permit shall be issued for a fee
as set forth by resolution of the Town Board in the Master Fee Schedule,
which may be amended, upon presentation of a valid permit by the permit
holder.
(b)
If a valid permit cannot be presented, a permit
holder shall file a lost/stolen report on a form provided by the New
Castle Police Department. The form shall include a deposition under
oath verifying that the permit was lost or stolen. Upon presentation
of the completed report form with a filing receipt from the Police
Department, the Town Clerk shall issue a replacement permit at a fee
as set forth by resolution of the Town Board in the Master Fee Schedule,
which may be amended.
(7)
Whenever a permit holder wishes to add, delete or
change the registration numbers of an eligible vehicle, the permit
must be returned to the Town Clerk, who, after verifying the request,
shall make the requested change upon payment of a fee as set forth
by resolution of the Town Board in the Master Fee Schedule, which
may be amended.
[Amended 2-13-1990 by L.L. No. 2-1990; 9-10-2002 by L.L. No. 8-2002]
(8)
The Town Clerk shall not issue a permit to any resident
or nonresident who has any outstanding or unanswered parking or traffic
charges or tickets in the Justice Court of the Town of New Castle.
[Added 3-24-1998 by L.L. No. 5-1998]
C.
Notwithstanding the provisions of Subsection B of this section, the Town Clerk shall issue a restricted parking permit to a person who has been issued a valid handicapped parking permit pursuant to § 1203-a of the New York State Vehicle and Traffic Law, provided that such person is also a resident of a Town, outside of a village, or a village with a boundary line contiguous to a boundary of the Town of New Castle. The nonresident fee shall apply to such permits.
D.
[Amended 12-15-2015 by L.L. No. 16-2015]
(i)
Parking permits shall not be transferable. The Town Clerk or her
designee is authorized to issue a temporary pass at no additional
charge when a resident provides a written sworn statement that the
vehicle associated with the permit is not available for reasons deemed
sufficient by the Town Clerk, such as, but not limited to, the vehicle
being disabled due to an accident or mechanical issues or the vehicle
is otherwise temporarily not available. The Town Clerk is authorized
to issue a new permit for the balance of the term when a permanent
replacement vehicle is obtained and the original permit is surrendered
and the replacement fee in accordance with the Master Fee Schedule
on file with the Town Clerk is paid.
(ii)
Only one license plate shall be associated with a parking permit
issued for metered parking areas (pay by day). No more than three
license plates may be associated with an annual restricted parking
permit, but only one vehicle per permit may be parked at a time.
E.
A "resident," for the purpose of this article, shall
be defined as a person who resides in residential property in the
Town of New Castle with the intent of establishing said location as
his or her principal residence. Ownership of residential property
shall not be sufficient to establish residency.
F.
A "nonresident," for the purposes of this article,
shall be defined as a person who resides in residential property in
a Town, outside of a village, or a village with a boundary line contiguous
to a boundary of the Town of New Castle.G. Only two resident permits
may be issued to persons living in the same dwelling unit. Only one
nonresident permit may be issued per dwelling unit.
G.
Only two resident permits may be issued to persons
living in the same dwelling unit. Only one nonresident permit may
be issued per dwelling unit. The issuance of a Clean Pass priority
parking permit will not reduce the number of resident permits that
may be issued per dwelling unit.
[Amended 1-13-2009 by L.L. No. 3-2009]
H.
The Town Clerk shall design and provide a form of
permit to be issued and used in accordance with this article. The
permit shall have written on it the license plate number of all eligible
motor vehicles.
I.
Parking permits may be displayed only on motor vehicles
displaying the license plate numbers shown on the permits. Permits
shall be issued for use on motor vehicles which are owned by the permit
holder as shown by a validly issued registration, or used principally
by the permit holder as evidenced by a sworn statement on the application
form.
J.
The issuance of a parking permit does not guarantee
or ensure the availability of a parking space in the restricted parking
area.
K.
"Clean Pass designated vehicle," for the purpose of
this article shall be defined as a vehicle, by make and model year,
that has been designated by the New York State Department of Environmental
Conservation as eligible under the New York State Clean Pass Program
by achieving certain vehicle emissions and fuel economy standards.
The Town Clerk shall retain a list of Clean Pass designated vehicles
that will be updated on a regular basis.
[Added 1-13-2009 by L.L. No. 3-2009]
[Added 8-13-1985 by L.L. No. 13-1985]
A.
The Town Hall and adjacent areas are defined for purposes
of this chapter as follows: Beginning at a point, said point lying
along the southerly boundary of lands n/f of the Town of New Castle,
said point also being a monument lying along the northerly boundary
of Washington Avenue; thence, the following courses and distances
through the lands n/f of the Town of New Castle: N 11° 01 05 W,
519.61 feet; N 42° 27 40 E, 181.57 feet; S 39° 50 06 E, 378.36
feet; S 63° 43 40 E, 171.80 feet: and S 50° 11 34 W, 141.18
feet, to a point, said point lying along the northerly boundary of
Washington Avenue; thence westerly along said boundary, S 61°
10 40 W, 319.78 feet, to the point or place of beginning.
B.
Notwithstanding any provision of this chapter to the contrary, all parking areas located adjacent and accessory to the Town Hall as defined in Subsection A are solely for the use of employees and officials of the Town of New Castle and visitors having business or participating in Town-sponsored programs at the Town Hall on Monday through Friday from 9:00 a.m. to 5:00 p.m., and for no other purpose.
[Added 9-27-2005 by L.L. No. 5-2005]
In the restricted parking area described in § 123-27B, no vehicles shall be parked or left parked between the hours of 6:00 a.m. Saturday and 8:00 p.m. Sunday in that portion which is described as follows: Beginning at a point lying on the southerly most portion of the existing paved commuter parking lot, said point also being the following courses and distances from the intersection of the westerly concrete curb of Old Pines Bridge Road and the northerly concrete curb of Washington Avenue, S 68° 44 20 W, a distance of 90 feet, plus or minus, as measured along the said northerly concrete curb of Washington Avenue and N 21° 15 40 W, a distance of 112 feet, plus or minus, as measured perpendicular to the curbline of Washington Avenue; running thence S 01° 20 E along the easterly side of the newly constructed south commuter parking lot a distance of 70 feet, plus or minus, to the southeast corner of said newly constructed south commuter parking lot; running thence S 88° 44 W along the southerly side of said newly constructed south commuter parking lot a distance of 365 feet, plus or minus, to the southwest corner of said newly constructed south commuter parking lot; running thence N 09° 16 W along the westerly side of said newly constructed south commuter parking lot a distance of 95 feet, plus or minus, to a point lying on the southerly most portion of said existing paved commuter parking lot; running thence along said southerly portion of existing paved commuter parking lot in a southeasterly and easterly direction a distance of 386 feet, plus or minus, to the point or place of beginning.
It shall be the responsibility of the Chief
of Police of the Town of New Castle to:
A.
Collect periodically the coins deposited in said parking
meters, account therefor and pay the same over to the Supervisor of
the Town of New Castle.
B.
Prescribe and regulate the flow of traffic in all
areas designated hereunder.
C.
Designate parking area or areas where motorcycles,
mopeds and other two-wheeled motor-powered vehicles may park without
fee or display of restricted parking license.
[Added 12-12-1978 by L.L. No. 10-1978]
D.
Designate parking area for parking by handicapped
persons only, whose vehicles shall display a handicapped permit and
valid restricted parking license.
[Added 12-12-1978 by L.L. No. 10-1978]
E.
Designate parking area or areas for overnight parking in accordance with § 123-30B.
[Added 11-13-1984 by L.L. No. 10-1984]
F.
Designate parking areas restricted to use by compact
cars.
[Added 2-25-1986 by L.L. No. 2-1986]
In the event of emergency, upon the order of
the Supervisor, Chief of Police or other responsible official or employee
of the Town of New Castle or the chief of any fire district in said
Town, or upon the order of a county, state or federal official having
jurisdiction, the operation of this article or the application thereof
to any space or spaces in any areas designated hereunder shall be
temporarily suspended.
It shall be unlawful and a violation of this
article for any person:
A.
To park a vehicle in a metered parking space unless he shall immediately thereupon insert in the parking meter in currency of the United States of America the fee referred to in § 123-31. If the device requires the setting or turning of any handle or other mechanical device, the performing of such act shall also be required to render lawful the parking of such vehicle.
[Amended 7-17-1979 by L.L. No. 7-1979; 10-23-1979 by L.L. No.
15-1979]
B.
To cause, allow or suffer any vehicle to be parked
in any parking space overtime or beyond the expiration of the period
of prepaid parking time therefor as shown on and established by the
parking meter allocated to such parking space.
C.
To park any vehicle on or across any line or marking
or in such a position that the same shall not be entirely within the
space designated by such line or marking for the parking of a vehicle.
D.
To park a vehicle in a restricted parking area without having first acquired and having visibly displayed a license as prescribed by § 123-32 hereof or to cause, allow or suffer any vehicle to be parked in any such area beyond the expiration of the period for which the parking license shall have been issued.
[Amended 2-26-1985 by L.L. No. 5-1985[1]]
[1]
Editor's Note: This local law also provided
that it shall become effective 4-1-1985.
E.
To travel contrary to posted traffic signs.
F.
To deface, damage, tamper with, open without lawful
authority or willfully break, interfere with or destroy the usefulness
of any parking meter installed in the Town of New Castle under the
provisions of this article.
G.
To park a vehicle in a parking space designated by
signs for handicapped parking only without an official handicapped
permit and valid restricted parking license displayed.
[Added 12-12-1978 by L.L. No. 10-1978]
H.
To park a motor vehicle which does not conform to the definition of "compact car" as defined in § 123-32A, in a space designated for compact cars only.
[Added 2-25-1986 by L.L. No. 2-1986;
amended 12-13-2016 by L.L. No.
10-2016]
I.
To use or allow the use of a permit on a motor vehicle
for which the permit is not authorized.
[Added 2-25-1986 by L.L. No. 2-1986]
J.
To obtain a permit by making false or misleading statements
on the application for a parking permit.
[Added 2-25-1986 by L.L. No. 2-1986]
K.
To park a vehicle in a parking space designated by
signs for Clean Pass priority parking without a valid Clean Pass priority
parking permit displayed at any time while Clean Pass priority parking
restrictions are in effect.
[Added 1-13-2009 by L.L. No. 3-2009]
L.
To park a non-all-electric or non-plug-in hybrid vehicle in a parking
space designated by signs for electric vehicle priority parking at
any time when electric vehicle priority parking restrictions are in
effect or parking.
[Added 7-14-2015 by L.L.
No. 8-2015]
M.
To park an all-electric vehicle or plug-in hybrid, without charging
the vehicle, in a space reserved for parking for electric vehicles
while the vehicle is charging.
[Added 7-14-2015 by L.L.
No. 8-2015]
N.
To park in a restricted area using a merchant parking permit while the permit holder is not working at the business location in the Town of New Castle for which the permit was issued. A merchant parking permit is only valid while the permit holder is present and conducting business at the business' location in the Town of New Castle. The use of a merchant permit for any reason other than for conducting business at the business location in the Town of New Castle may result in the revocation of the permit by the Town Administrator in addition to a fine and/or imprisonment as set forth in § 123-36 herein.
[Added 3-29-2016 by L.L.
No. 3-2016]
[Amended 5-27-1980 by L.L. No. 7-1980]
A.
The penalty for violation of the provisions of this article, except as set forth further herein, shall, upon conviction, be a fine of $30 or imprisonment for a period not to exceed one day, or both such fine and such period of imprisonment. The penalty for an expired meter shall be reduced by $10 if the penalty is paid in person by close of the next business day after issuance of the violation. The penalty for use of an expired parking permit previously issued pursuant to § 123-32 shall, upon conviction, be a fine of $50. The penalty for use of an expired parking permit previously issued pursuant to § 123-32 or for parking without a required permit in an area that requires a permit pursuant to § 123-32 shall, upon conviction, be a fine of $50. The penalty for a violation of § 123-35F hereof shall, upon conviction, be a fine of not more than $500 or imprisonment for a period not to exceed one year, or both such fine and such period of imprisonment. Any penalty which remains unpaid for a period exceeding 30 days from the date of issuance of a summons or, in the case of a trial or pretrial conference, after conviction, shall be increased to twice the amount of the penalty imposed. Any penalty, other than a violation of § 123-35F, which remains unpaid for a period exceeding 60 days after the date of issuance of the summons or, in the case of a trial or pretrial conference, after conviction, shall be increased to triple the amount of the original fine imposed.
[Amended 11-10-1981 by L.L. No. 13-1981; 3-24-1998 by L.L. No. 5-1998; 7-27-1999 by L.L. No. 14-1999; 12-15-2015 by L.L. No. 16-2015]
B.
Revocation of a permit may be appealed by the permit
holder within 15 days of such revocation to an administrative hearing
board, which shall consist of the Town Administrator, the Deputy Supervisor
and an elected official designated by the Town Supervisor. Such administrative
hearing board shall decide on the appeal whether or not such revocation
is warranted. However, conviction of any provision of this article
shall be prima facie evidence of grounds sufficient for revocation
of permit.[1]
[Added 9-8-1998 by L.L. No. 11-1998]
[1]
Editor's Note: Former Subsection B, which
set forth penalties for failure to answer summons, was repealed 11-10-1981
by L.L. No. 13-1981.
C.
Any vehicle parked for more than 48 hours in violation of this article or in a space other than one designated for overnight parking as provided in § 123-30B shall be deemed abandoned and may be removed and stored by the Chief of Police at the expense of the registered owner thereof.
[Amended 2-26-1985 by L.L. No. 5-1985[2]]
[2]
Editor's Note: This local law also provided
that it shall be effective 4-1-1985.
D.
Any vehicle parked or left parked for any time in violation of § 123-32.2 of this article may be removed and stored by the Chief of Police, or his or her designee, if he or she determines that public safety and convenience warrant prompt removal, and the registered owner of such vehicle shall be charged with the reasonable costs of such removal and storage.
[Added 9-27-2005 by L.L. No. 5-2005]
E.
In the case of any vehicle removed and stored under Subsection C or D above:
[Added 9-27-2005 by L.L. No. 5-2005]
(1)
Within 24 hours of removal and storage, the Police
Department shall to the extent possible:
(a)
Ascertain the identity and address of the registered
owner of such vehicle; and
(2)
Such vehicle shall be released to its registered owner,
or to its registered owner's authorized representative or operator
of the vehicle, upon either payment of the reasonable costs of removal
and storage and any outstanding fines and penalties charged with respect
to such vehicle or the posting of a cash bond for the same. The desk
officer on duty at the New Castle Police Station shall be authorized
to accept such cash bond in an amount determined by the Court or Court
Clerk and shall promptly transmit any cash bond posted to the Town
Court.
(3)
The registered owner of such vehicle shall be entitled to a hearing before an administrative hearing board to determine whether such removal and storage was warranted. Such an administrative hearing shall be held within 48 hours of receipt by the Police Department of a written request for the same; the hearing board shall consist of the Town Administrator, the Deputy Supervisor and an elected official designated by the Town Supervisor; and the registered owner and such registered owner's authorized representatives and operators of the vehicle shall be given an opportunity to be heard. If the hearing board determines that such removal and storage was not warranted, such vehicle shall be released to its registered owner, or to its registered owner's authorized representative or operator of the vehicle, without any payment or bonding otherwise required under Subsection E(2), and if any such bonding was posted previously, that bonding shall be refunded.
F.
Except in the case of a vehicle with a parking permit,
there shall be a rebuttable presumption that the owner of a vehicle
was the operator of such vehicle at the time of the issuance of a
summons for a violation in connection with any provision of this article
relating to parking of a motor vehicle. This presumption may be rebutted
by credible evidence that the owner was not in possession or control
of the vehicle at the time it was parked.
[Added 6-12-2007 by L.L. No. 10-2007]
G.
In the case of a vehicle with a parking permit, there
shall be a rebuttable presumption that the person to whom the parking
permit has been issued was the operator of such vehicle at the time
of the issuance of a summons for a violation in connection with any
provision of this article relating to parking of a motor vehicle.
This presumption may be rebutted by credible evidence that the person
to whom the parking permit has been issued was not in possession or
control of the vehicle at the time it was parked. In the event this
presumption has been successfully rebutted, there shall be a second
rebuttable presumption that the owner of a vehicle was the operator
of such vehicle at the time of the issuance of a summons for a violation
in connection with any provision of this article relating to parking
of a motor vehicle. This presumption may be rebutted by credible evidence
that the owner was not in possession or control of the vehicle at
the time it was parked.
[Added 6-12-2007 by L.L. No. 10-2007]
[Added 2-25-1986 by L.L. No. 2-1986;
amended 3-24-1998 by L.L. No. 5-1998]
A.
Upon five days' written notice, the Town Clerk may
revoke a permit if it is determined that a permit has been issued
based upon false or misleading information given by the permit holder
or if it is determined that a permit has been used in violation of
this article. Upon such revocation, the permit fee shall be forfeited.
Such revocation shall be effective for the then remainder of the current
permit year and the following permit year. Any parking permit which
is revoked shall be returned to the Town Clerk within five days of
such revocation or within five days of a determination by the administrative
hearing board confirming such revocation. The penalty for failure
to return such revoked parking permit shall be $25. Failure to pay
such penalty for a period exceeding 20 days from the date of issuance
of notice to the permit holder that the penalty is due shall result
in a penalty of $50.
B.
Revocation of a permit may be appealed by the permit
holder within 15 days of such revocation to an administrative hearing
board, which shall consist of the Town Administrator, the Town Chief
of Police and the Town Supervisor or an elected official designated
by the Supervisor. Such administrative hearing board shall decide
on the appeal whether or not such revocation is warranted. However,
conviction of any provision of this article shall be prima facie evidence
of grounds sufficient for revocation of a permit.
C.
A nonresident who displays a permit that has been
issued to a resident on a vehicle owned or registered to such nonresident
shall constitute grounds for revocation of such resident's permit
and grounds for denying such nonresident a parking permit in the future.
