[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:
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.
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.
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.
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.
A fire zone, fire lane or emergency zone.
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]
A.
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.
B.
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]
A.
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.
B.
Parking in no-parking zones is prohibited.
C.
No person or persons shall park any vehicle other
than an emergency vehicle in areas designated as no-parking zones.
D.
The designation of fire zones, fire lanes and emergency
zones shall apply to existing private complexes.
E.
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.
F.
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.
G.
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.
H.
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]
I.
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.
A.
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.
B.
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.
A.
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.
B.
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]
A.
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.
B.
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.
