[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.]
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.
A.
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:
B.
The following intersections are hereby designated stop
intersections, and stop signs shall be posted as the following roadways controlling
traffic as indicated:
(1)
Town Cocks Lane and Linden Farms Road, controlling westbound
traffic on Linden Farms Road.
(2)
Laurel Lane and The Glen, controlling southbound traffic
on The Glen.
(3)
Duck Pond Road and Wellington Road controlling northbound
traffic on Wellington Road.
(4)
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]
(5)
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]
(6)
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]
A.
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.
C.
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.
D.
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.
E.
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.
A.
When any vehicle is parked or abandoned on any highway
within this Village, said vehicle may be removed by the Police Department.
B.
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.
C.
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.
A.
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.
B.
Said permit shall not be issued unless and until there
has been deposited with the Village the following:
(1)
(2)
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:
(a)
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
(b)
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.
C.
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.
D.
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.
A.
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.
B.
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.
A.
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.
B.
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.
C.
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:
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Power of Attorney
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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.
Signed
Print your name
Address
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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.
