[HISTORY: Adopted by the Board of Trustees of the Village of Matinecock 3-10-1974 by L.L. No. 1-1974 as Arts. 2 and 3 of the 1974 General Ordinance. Amendments noted where applicable.]
Article I Regulations
Article II Traffic Violations Bureau
The words and phrases used in this article shall, for the purpose of this article, have the meanings respectively ascribed to them by Article 1 of the Vehicle and Traffic Law of the State of New York.
The following highways are hereby designated through highways, and all vehicles approaching said through highways as below specified shall come to a full stop in accordance with the stop signs posted at these locations:
Chicken Valley Road is hereby designated a through highway, and stop signs shall be erected on the following entrances thereto:
The following intersections are hereby designated stop intersections, and stop signs shall be posted as the following roadways controlling traffic as indicated:
Town Cocks Lane and Linden Farms Road, controlling westbound traffic on Linden Farms Road.
Laurel Lane and The Glen, controlling southbound traffic on The Glen.
Duck Pond Road and Wellington Road controlling northbound traffic on Wellington Road.
Locust Valley-Oyster Bay Road and Chester Street, controlling southbound traffic on Locust Valley - Oyster Bay Road and controlling eastbound traffic on Chester Street.
[Added 5-20-2003 by L.L. No. 3-2003]
Locust Valley-Oyster Bay Road and Cocks Lane, controlling northbound traffic on Locust Valley - Oyster Bay Road.
[Added 5-20-2003 by L.L. No. 3-2003]
Duck Pond Road and Locust Valley-Oyster Bay Road, controlling north and southbound traffic on Locust Valley-Oyster Bay Road and controlling eastbound traffic on Duck Pond Road.
[Added 5-20-2003 by L.L. No. 3-2003]
Traffic control signals shall be installed, maintained and operated as follows:
Thirty-five miles per hour is hereby established as the maximum speed at which vehicles may proceed within the corporate limits of this Village.
[Amended 10-25-1978 by L.L. No. 2-1978; 12-14-1978 by L.L. No. 4-1978; 1-22-1979 by L.L. No. 1-1979]
Application of section. The provisions of this section shall apply except when it is necessary to stop a vehicle because of an accidental or temporary disability or to avoid conflict with other traffic or in compliance with the directions of a police officer or official control device or when a temporary written permit has been issued by the Mayor, Deputy Mayor or Police Department and filed with the Village police for the parking of vehicles incidental to a meeting or gathering at a particular location in the Village.
The parking, standing and stopping of vehicles is hereby permitted for a period of not longer than 1/2 hour on that portion of the west side of Locust Valley - Oyster Bay Road which lies between a point 65 feet south of the center line of Chester Street and a point 75 feet south of the center line of Chester Street.
The parking, standing and stopping of vehicles is hereby permitted for a period of not longer than two hours on that portion of the east side of Locust Valley - Oyster Bay Road which lies between a point 75 feet north of the center line of Dogwood Lane and a point 300 feet north of the center line of Dogwood Lane.
The parking, standing and stopping of vehicles is hereby permitted on that portion of the west side of Locust Valley - Oyster Bay Road which lies between a point 75 feet south of the center line of Chester Street and a point 500 feet south of the center line of Chester Street.
When any vehicle is parked or abandoned on any highway within this Village, said vehicle may be removed by the Police Department.
After removal of any vehicle as provided in this section, the Police Department may store such vehicle in a suitable place at the expense of the owner. Such owner or person in charge of the vehicle may redeem the same upon the payment to the Police Department of the amount of all expenses actually and necessarily incurred in effecting such removal and storage.
The Police Department shall, without delay, report the removal and the disposition of any vehicles removed as provided in this section to the Village Police Commissioner, and it shall be the duty of the Police Department to ascertain, to the extent possible, the owner of the vehicle or the person having charge of the same and notify him of the removal and disposition of such vehicle and the amount which will be required to redeem the same.
Pavement markings in accordance with the standards and specifications established by the State Traffic Commission shall be applied on all highways and streets within the corporate limits of the Village.
It shall be unlawful for any person to operate or move or cause or knowingly permit to be operated or moved on or over any of the following streets, highways or avenues owned or maintained by the Village (hereinafter referred to as "Village street") any motor vehicle, truck, tractor, trailer or any other machinery whose weight alone or in combination with the weight of its load shall exceed five tons without first obtaining a permit for each vehicle from the Village Street Commissioner upon written application therefor stating the name of the owner, the character of the vehicle, its weight, its proposed load, the name of the Village street over which the passage is proposed and the day or days and any time of such proposed passage: Chester Street, Eyre Lane, Linden Farms Road, Planting Fields Road and Underhill Road.
Said permit shall not be issued unless and until there has been deposited with the Village the following:
A cash deposit made to the Village Street Commissioner for deposit with the Village Treasurer in amounts required by § 64-6, and amendments thereto, of Chapter 64, Fees and Deposits, such amount to be measured and/or multiplied by:
A form of agreement, duly executed and acknowledged before a notary public, in a form satisfactory to the Village's Street Commissioner, which by its terms shall provide that:
The permittee shall, within 10 days after the receipt of any written notice of any damage caused by any of his vehicles to said Village street, cause the same to be repaired to the reasonable satisfaction of the Village's Street Commissioner; and
In the event that the permittee shall fail to repair any damage caused by his vehicle to any Village street as provided in Subsection B(2)(a) above, the Village shall have the absolute right to use all or a portion of said cash deposit to repair said Village street and restore the same to its original condition.
The cash deposit or the remaining portion thereof shall be returned to the permittee by the Village Treasurer after the Village Street Commissioner has certified, in writing, that each Village street used by the permittee's vehicle is in, or has been restored to, its original condition before such use.
The regulations established in this section shall not be construed to prevent the casual delivery or pickup of merchandise or other property along Village streets from which such vehicles are otherwise excluded.
Any person guilty of violating any provision of this article is guilty of a traffic infraction and subject to the penalties provided in § 1800 of the Vehicle and Traffic Law.
The Village Justice is hereby authorized to establish a Traffic Violations Bureau for the Village subject to the limitations hereinafter set forth.
The Traffic Violations Bureau, when so established, shall be authorized to dispose of violations of traffic laws, ordinances, rules and regulations relating to parking only, as follows: by permitting a person charged with a parking violation to answer within a period of 20 days at the Traffic Violations Bureau, either in person or by written power of attorney in the form hereinafter set forth, by paying the fine designated by the Village Justice for such violation and, in writing, waiving a hearing in court, pleading guilty to the charge and authorizing the person in charge of the Traffic Violations Bureau to make such a plea and pay such a fine in court.
Acceptance of the prescribed fine and power of attorney by the Traffic Violations Bureau shall be deemed complete satisfaction for the violation, and the violator shall be given a receipt which so states.
Any summons charging a parking violation may be served upon the violator in person or may be affixed to the motor vehicle involved in the violation.
If, in any parking violation case where the summons was affixed to the motor vehicle and not served personally, no one answers as hereinabove provided within the time designated in the summons, the Traffic Violations Bureau shall send a letter by certified mail, return receipt requested, to the registered owner of such vehicle, as disclosed by the records of the Department of Motor Vehicles, enclosing a copy of the summons and warning the registered owner that he will be held responsible for the appearance of the offender and directing the registered owner to answer the summons in the manner hereinabove provided within a designated time, which shall be not less than six days from the date of mailing of said letter.
If any person served personally with a summons under this article, or if any registered owner of the motor vehicle involved who is served and notified as provided in Subsection B of this section, does not answer as hereinabove provided within the designated time, the Traffic Violations Bureau shall cause a complaint to be entered against him forthwith and shall apply for a warrant to be issued for his arrest and appearance before the court.
The Traffic Violations Bureau shall perform such other or additional duties as shall be prescribed by law, by the Village Justice or the Board of Trustees of the Village.
The power of attorney referred to in this article shall be in the following form:
Power of Attorney
The undersigned hereby acknowledges service of the summons herein, waives his right to be represented by an attorney and waives a hearing in court, pleads guilty to the offense charged in said summons and authorizes the Clerk of the Traffic Violations Bureau of the Incorporated Village of Matinecock to appear in court for me, to make such plea of guilty on my behalf and to pay the prescribed fine using the money enclosed.
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Nothing contained in this article shall be deemed to authorize the Traffic Violations Bureau to deprive a person of his right to counsel or to prevent him from exercising his right to appear in court to answer to, explain or defend any charge of a violation of any traffic law, ordinance, rule or regulation.