[Adopted 11-12-1974 by L.L. No. 13-1974]
[Amended 6-28-1988 by L.L. No. 5-1988; 2-26-1991 by L.L. No. 3-1991]
Pursuant to the authority contained in § 1660-a of the Vehicle and Traffic Law of the State of New York, the parking of motor vehicles on parking areas and driveways of a shopping center or the parking areas and private roads of a private apartment complex, condominium, cooperative apartment or fee-simple townhouse development or corporate office complex, and pursuant to the written request of either the owner of such property, representative or agent of the owner or the Fire Chief of the Fire Department serving such property or the Chief of Police, shall be regulated as hereinafter provided.
[Added 6-28-1988 by L.L. No. 5-1988]
As used in this Part 2, the following terms shall have the meanings indicated:
- DESIGNATED PARKING AREA
- A location within a private complex which has been set aside for the storage or parking of motor vehicles belonging to residents, guests, invitees or members of the public.
- EMERGENCY ZONE
- An area located within a private complex which must remain unobstructed by motor vehicles, trucks or objects so that emergency equipment may have free and unlimited access at all times.
- FIRE LANE
- An interior roadway or private driveway of determined width, located within a private complex, which must remain unobstructed by motor vehicles, trucks or objects so that fire-fighting equipment may pass freely.
- FIRE ZONE
- An area located within a private complex which must remain unobstructed by motor vehicles, trucks or objects so that fire-fighting equipment may prevent loss of property and loss of life in the event of fire.
- NO-PARKING ZONE
- A fire zone, fire lane or emergency zone.
- PRIVATE COMPLEX
- Any complex of apartments, cooperative apartments, condominiums, fee-simple townhouse development, shopping center or corporate office park.
[Amended 6-28-1988 by L.L. No. 5-1988]
Parking stalls. Each parking stall shall be clearly indicated by lines painted upon the pavement of the parking area or shall be designated by appropriate barriers or other suitable markings. No vehicle shall be parked in any portion of the parking area not delineated or designated as a parking stall.
Zones. All fire zone, fire lane and emergency zone areas shall be painted yellow. All fire zone, fire lane and emergency zone signs shall be manufactured using a reflective face of Scotchlite material. The Chief of Police, in consultation with the Fire Marshal and Fire Chief, is given authority to approve or disapprove of materials used for the designation of fire zones, fire lanes and emergency zones. It shall be the responsibility of the owner to pay for all materials and labor necessary.
[Amended 6-28-1988 by L.L. No. 5-1988]
The Chief of Police, in consultation with the Building Inspector of the Town of New Castle, shall, with due regard to the use to which the building or buildings are put and for which the parking lot is maintained, the area of the parking lot, the number of vehicles operated or parked upon the property, the number of persons using the facilities, the means of ingress and egress available and any other factors relating to a particular parking lot, designate certain areas of the parking lot as no-parking zones. In determining the area or areas to be so designated, the Chief of Police shall consult with the Fire Marshal and representatives of the several fire-fighting companies furnishing fire protection in the Town to determine which area or areas of a particular parking lot will best suit the requirements for emergency vehicle parking.
Parking in no-parking zones is prohibited.
No person or persons shall park any vehicle other than an emergency vehicle in areas designated as no-parking zones.
The designation of fire zones, fire lanes and emergency zones shall apply to existing private complexes.
Standard police signs and/or markings deemed necessary and proper by police officials and fire officials shall be installed at the expense of the owner.
Parking a motor vehicle, truck or object for any length of time within 20 feet of any fire hydrant or standpipe located on a private interior street or driveway is expressly prohibited.
In existing private complexes, if the designation of no-parking zones pursuant to this Part 2 conflicts with existing parking areas, the owner shall be obligated to take all necessary actions to obtain any amendment to the site plan approval for the property or other zoning permits which may be required to implement the designation of no-parking zones. Such designation shall not be effective until such site plan or other approval has been obtained.
No person shall park any commercial vehicle or trailer in any shopping center parking lot where the presence of that commercial vehicle or trailer is unrelated to the business uses contained in that shopping center.
[Added 2-26-1991 by L.L. No. 3-1991]
No person shall leave any commercial vehicle or trailer parked, stopped or standing in any shopping center parking lot during those hours that all businesses in that shopping center are closed to the public.
[Added 2-2-1991 by L.L. No. 3-1991; amended 7-9-1991 by L.L. No. 16-1991]
[Added 6-28-1988 by L.L. No. 5-1988; amended 6-13-1989 by L.L. No. 11-1989]
Summonses or appearance tickets for a violation of any provision of Part 2 of this chapter may be issued by an officer of the New Castle Police Department or the Fire Marshal of the Town of New Castle. The public officials specified in this section are also authorized to have any motor vehicle, truck or object located in violation of this Part 2 towed or removed at the expense of the owner.
The Building Inspector shall, with due regard to the several factors set forth in § 123-39 above, and after consultation with the owner of the parking lot or his agent and with the proprietor or proprietors of the business or businesses whose customers use the parking lot, designate certain area or areas of the parking lot as loading zones.
No person or persons shall park any vehicle in any area or zone designated as a loading area or zone, except for the purposes of unloading or loading goods, wares, merchandise, equipment or fixtures for or from the business establishment or establishments for which the parking lot is maintained.
No person shall park any vehicle in such a manner that such vehicle or any part thereof extends into an area designated for the parking of another vehicle or designated as a driving area. This section shall not apply to vehicles which, because of their nature, require an area greater than that used for parking an average passenger or standard-type vehicle.
The Chief of Police, the Building Inspector or the owner of the parking lot, with the concurrence of the Chief of Police and the Building Inspector, shall designate those areas of the parking lot that are to be used for entering, leaving or driving from one area of the parking lot to another area of the parking lot.
Such areas shall be clearly indicated by appropriate signs or by directional markings painted on the pavement of the parking lot.
All vehicles in motion shall, so far as is practicable, keep to the right. Vehicles entering the parking lot will promptly move away from those portions of the area of the parking lot designated as driving areas that are in immediate proximity to the entrance or entrances of the parking lot, in order that such entrance or entrances will not be blocked to other vehicles attempting to enter the parking lot.
No person shall operate any motor vehicle on any parking lot in a careless manner or at a speed in excess of 10 miles per hour. This limitation shall not apply to emergency vehicles.
In general, pedestrian traffic will have priority over vehicular traffic, provided that no pedestrian shall exercise such priority in a manner that will cause or be likely to cause a collision or create a condition whereby the movement of vehicular traffic or the parking of vehicles will be more than momentarily hindered.
No person shall place on any portion of a parking lot any object or substance that will cause or be likely to cause any hazard or obstruction to any vehicle using any portion of a parking lot or to any pedestrian on such parking lot. In those cases where shopping carts are used in connection with any business for which the parking lot is maintained, shopping carts not returned to an area designated for cart return shall be deemed a hazard or obstruction. Cart return areas shall be designated by appropriate sign to render them clearly visible from a distance of 75 feet. Such designation shall be made by the owner of the parking lot within 10 days from the effective date of this part.
No person shall consume any alcoholic beverage in any vehicle parked or being operated in any portion of a parking lot.
[Amended 6-12-2007 by L.L. No. 10-2007; 3-29-2016 by L.L. No. 3-2016]
Any person committing an offense against any provision of this part shall be guilty of a violation punishable by a fine of $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. 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 and provision of this chapter 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.
Any fine imposed pursuant to this § 123-48 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 original fine imposed. Any fine 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.