Village of Phoenix, NY
Oswego County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Trustees of the Village of Phoenix 12-1-1992 by L.L. No. 13-1992 (Ch. 53 of the 1993 Code). Amendments noted where applicable.]
GENERAL REFERENCES
Parades and carnivals — See Ch. 130.
Parks and public property — See Ch. 133.
Snowmobiles — See Ch. 158.
Streets and sidewalks — See Ch. 165.
As used in this chapter, the following terms shall have the meanings ascribed to them:
CROSSWALK
That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway between the curbs or, in the absence of curbs, between the edges of the traversable roadway. Such crosswalk may or may not be distinctly indicated for pedestrian crossing by lines or other markings on the surface.
CURB
A vertical or sloping member along the edge of a roadway clearly defining the pavement edge.
DRIVEWAY
Every entrance or exit used by vehicular traffic to or from lands or buildings abutting a highway.
HIGHWAY
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
A. 
The area embraced within the prolongation or connection of the lateral curblines or, if none, the lateral boundary lines of the roadways of two highways which join one another at, or approximately at, right angles or the area within which vehicles traveling upon different highways joining at any other angle may come in conflict.
B. 
Where a highway includes two roadways 30 feet or more apart, then every crossing of each roadway of such divided highway by an intersecting highway shall be regarded as a separate intersection.
MOTOR VEHICLE
Every vehicle operated or driven upon a public highway which is propelled by any power other than muscular power, except electrically driven mobility assistance devices operated or driven by a person with a disability and vehicles which run only upon rails or tracks.
PARKING LOT
Any area or areas of public or private property near or contiguous to and provided in connection with premises having one or more stores or business establishments and used by the public as a means of access to and egress from such stores and business establishments and for the parking of motor vehicles of customers and patrons of such stores and business establishments.
PARK OR PARKING
The standing of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers.
PEDESTRIAN
Any person afoot or in a wheelchair.
PUBLIC HIGHWAY
Any highway, road, street, avenue, alley, public place, public driveway or any other public way.
RIGHT-OF-WAY
The right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed and proximity as to give rise to danger of collision unless one grants precedence to the other.
ROADWAY
That portion of a highway improved, designed, marked or ordinarily used for vehicular travel, exclusive of the shoulder and slope.
SHOULDER
That improved portion of a highway contiguous with the roadway.
SIDEWALK
That portion of a street between the curblines, or the lateral lines of a roadway, and the adjacent property lines intended for the use of pedestrians.
SLOPE
That portion of a highway exclusive of the roadway and shoulder.
STAND OR STANDING
The stopping of a vehicle, whether occupied or not, otherwise than temporarily for the purpose of and while actually engaged in receiving or discharging passengers.
STOP
Complete cessation from movement.
STREET
The entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.
TRACTOR-TRAILER
A combination trucking unit consisting of a tractor, whether or not hooked up to a full trailer or semitrailer, and including but not limited to a cab, bobtail, motor truck, rig, semi, trucking rig, lorry, motor truck, semitrailer and/or tandem trailer, and/or any other three-axled vehicle.
[Added 9-19-2006 by L.L. No. 5-2006]
TRAFFIC
Pedestrians, vehicles, bicycles and other conveyances, either singly or together, while using any highway for purposes of travel.
TRAFFIC CONTROL DEVICE
All signs, signals, markings and devices placed or erected by authority of a public body or official having jurisdiction for the purpose of regulating, warning or guiding traffic.
TRAFFIC CONTROL SIGNAL
Any device, whether manually, electrically or mechanically operated, by which traffic is alternately directed to stop and permitted to proceed.
U-TURN
Any turn executed so as to proceed in the opposite direction.
VEHICLE
Every device in, upon or by which any person or property is or may be transported or drawn upon a highway, except devices moved by human power or used exclusively upon stationary rails or tracks.
A. 
No person shall park or stand a vehicle:
(1) 
On the roadway side of any vehicle stopped, standing or parked at the edge or curb of a street.
(2) 
On a sidewalk.
(3) 
Within an intersection, except when permitted by official signs on the side of a highway opposite a street which intersects but does not cross such highway.
(4) 
On a crosswalk.
(5) 
Alongside or opposite any street excavation or obstruction when standing or parking would obstruct traffic.
(6) 
Upon any bridge, unless otherwise indicated by official signs.
(7) 
On any railroad tracks.
(8) 
In front of a public or private driveway.
(9) 
Within 20 feet of a crosswalk at an intersection, unless a different distance is indicated by official signs or markings.
(10) 
Within 30 feet upon the approach to any flashing signal, stop or yield sign or traffic control device located at the side of a roadway, unless a different distance is indicated by official signs or markings.
(11) 
In a manner which obstructs or blocks the driveway entrance to any fire or police station or obstructs visibility for vehicles exiting such stations.
(12) 
Alongside or obstructing a curb area which has been cut down, lowered or constructed so as to provide accessibility to the sidewalk.
(13) 
Within 50 feet of a railroad crossing, except temporarily for the purpose of and while actually engaged in loading or unloading merchandise or passengers, unless a different distance is indicated by official signs or markings.
(14) 
Contrary to restrictions indicated by official signs.
(15) 
In any area designated as a place for handicapped parking unless the vehicle bears a lawfully issued permit and such vehicle is actually being used for the transportation of a severely disabled or handicapped person.
(16) 
Except where angle parking is permitted, so that the curbside wheels are more than 12 inches from the curb or edge of the roadway.
(17) 
Facing in the opposite direction of authorized traffic movement on that portion of the roadway on which the vehicle rests.
(18) 
When parking space or area is provided by pavement marking, outside of the actual space provided by such markings.
(19) 
In a manner which obstructs or impedes the flow of traffic.
(20) 
On any public highway or street within the Village between the hours of 2:00 a.m. and 6:00 a.m. from November 1 through March 31 of each year.
(21) 
If such vehicle is a tractor-trailer, at all times, on such streets or portions thereof as may be designated by resolution of the Village Board of Trustees, from time to time; provided, however, that those tractor-trailers without motors idling and temporarily parked along a roadway utilized while performing a service or job, such as moving or hauling, or standing for temporary periods during deliveries or pickups shall be exempt from this section.
[Added 9-19-2006 by L.L. No. 5-2006]
(22) 
On any part of the area of private property or public right-of-way between the sidewalk and the nearest edge of the street pavement, except the area within a legally existing driveway or within a legally existing parking area serving residential uses only. (For purposes hereof, a "legally existing driveway or parking area" shall mean a paved, stoned or graveled driveway or parking area established by a permit that is issued from the Village of Phoenix and that, as to a parking area, in addition adequately protects any curbing or authorizes the removal of same.)
[Added 5-4-2010 by L.L. No. 2-2010[1]]
[1]
Editor's Note: This local law also repealed former Subsection A(22), added 7-7-2009 by L.L. No. 2-2009, regarding parking in front yards or corner lot side yards, and Subsection A(23), added 7-7-2009 by L.L. No. 2-2009, regarding parking on private property and the public right-of-way between a sidewalk and street.
(23) 
No parking:
[Added 9-1-2010 by L.L. No. 3-2010]
(a) 
At all times, on and along the east side of Main Street (County Route 57) within the area running from the southeast corner of the intersection of such street with Davis Street, thence southerly on and along such street for a distance of 50 feet, and on and along the east side of Main Street (County Route 57) within the area running from the northeast corner of the intersection of such street with James Street thence northerly on and along such street for a distance of 50 feet.
(b) 
At all times on the south side of Culvert Street from State Street to Main Street.
B. 
At the discretion of the Police Department, vehicles parked in violation of the provisions of this section are subject to towing at the owner's expense, in addition to the issuance of a parking ticket.
C. 
Any additions or deletions to on street parking restrictions from the effective date of Local Law No. 4 of 2010 may be enacted by duly adopted resolution of the Village Board, all such enactments to be specified in a Schedule (which Schedule is hereby incorporated by reference) included in the Appendix section of the Village Code and entitled "On Street Parking Restrictions Schedule to Section 190-2 of Village Code." Upon the first such enactment, and insertion of such Schedule in the Appendix, the provisions of Section 190-2(23)(a) and (b) shall be included as the first two entries on same.
[Added 2-16-1999 by L.L. No. 1-1999; amended 9-1-2010 by L.L. No. 3-2010]
[Amended 6-6-2006 by L.L. No. 2-2006[1]]
No person shall, while operating a motor vehicle on a public highway:
A. 
Drive in excess of the posted speed limit, as designated by official signs. The speed limit on all Village streets in the Village of Phoenix is 30 miles per hour, except for:
(1) 
A limit of 25 miles per hour on the section of State Street between Culvert Street and Chestnut Street; and
(2) 
Reduced speed zones as may be designated by official signs and adopted by resolution of the Village Board of Trustees from time to time.
[1]
Editor's Note: This local law stated that it would take effect 30 days after its filing date with the Secretary of State.
No motor vehicle shall be operated or parked on public highways or parking lots unless a current and valid certificate of inspection, as required by the New York State Vehicle and Traffic Law, is displayed.
A. 
No motor vehicle shall be operated on public highways contrary to the instructions of any official traffic control device or traffic control signal applicable to such traffic.
B. 
Any official traffic control device or traffic control signal placed within the Village of Phoenix and purporting to conform to the lawful requirements pertaining to such devices or signals shall be presumed to comply with the requirements pertaining to such devices or signals, unless the contrary shall be established by competent evidence.
C. 
Authority to install traffic control devices. The Public Works Department shall install and maintain traffic control devices when and as required under the provisions of this chapter to make effective the provisions of this chapter and may install and maintain such additional traffic control devices as the Board of Trustees may deem necessary to regulate, warn or guide traffic under the Vehicle and Traffic Law of the State of New York, subject to the provisions of §§ 1682 and 1684 of that law.
[Added 2-16-1999 by L.L. No. 1-1999]
A. 
No person shall operate a motor vehicle on any public highway or parking lot unless it fully complies with the required equipment provisions of § 375 generally of the New York State Vehicle and Traffic Law or § 381 generally of such law if the motor vehicle is a motorcycle.
B. 
In citing violations of this section, the specific equipment deficiency must be described on the simplified traffic information.
A. 
No person shall ride on or attach himself or herself to the outside of any vehicle being operated upon a roadway.
B. 
No vehicle operator shall knowingly permit any person to attach himself or herself to such operator's vehicle in violation of Subsection A of this section.
C. 
The provisions of this section shall not apply to vehicles in an emergency operation as defined in § 114-b of the New York State Vehicle and Traffic Law; farm-type tractors used exclusively for agricultural purposes or other farm equipment; riding in the open, uncovered cargo area of a truck with the permission of the operator of such truck; vehicles employed by a municipality for local garbage; and vehicles participating in a parade pursuant to a municipal permit.
No person shall operate or drive any motor vehicle upon any roadway or parking lot unless he or she is duly licensed pursuant to the provisions of the New York State Vehicle and Traffic Law.
A. 
No motor vehicle shall be operated or driven upon any public highway without first being registered in accordance with the provisions of the New York State Vehicle and Traffic Law.
B. 
No motor vehicle shall be operated or driven upon any public highway without displaying the indicia of current and valid registration as provided by the New York State Department of Motor Vehicles.
C. 
No motor vehicle shall be operated or driven upon any public highway without displaying the distinctive number plates as provided by the New York State Department of Motor Vehicles, in the locations prescribed by the New York State Vehicle and Traffic Law.
D. 
Such number plates, as described in Subsection C of this section, shall be securely affixed to the motor vehicle.
E. 
Such number plates, as described in Subsection C of this section, shall not be dirty and unreadable or obscured from view.
A. 
No person shall operate a motor vehicle unless such person is restrained by an approved safety belt.
B. 
No person shall operate a motor vehicle unless all passengers in the front seat of such vehicle are restrained by an approved safety belt.
C. 
No person shall operate a motor vehicle unless all passengers under the age of four are restrained in a specially designed detachable or removable seat which meets Federal Motor Vehicle Safety Standards set forth in 49 CFR 571.213 and which is affixed to such vehicle by an approved safety belt.
D. 
For purposes of this section, an approved safety belt shall be defined as a safety belt approved by the New York State Department of Motor Vehicles.
A. 
Every motor vehicle, except a motorcycle, driven upon a public highway during the period from 1/2 hour after sunset to 1/2 hour before sunrise, or at any other time when windshield wipers are in use, shall display headlamps, tail lamps and any other side marker lamps as prescribed by the New York State Vehicle and Traffic Law.
B. 
Every motorcycle driven upon a public highway must display a lighted lamp in the front and one on the rear at all times while being driven or operated. Such lighting must comply with the standards established by the New York State Vehicle and Traffic Law.
C. 
No motor vehicle shall be operated within 500 feet of a vehicle approaching from ahead or, when approaching a motor vehicle from the rear and within 200 feet, with headlamps which are dazzling and interfere with the driver of the other vehicle.
A. 
The driver of a vehicle overtaking another vehicle proceeding in the same direction shall pass to the left thereof at a safe distance and shall not again drive to the right side of the roadway until safely clear of the overtaken vehicle.
B. 
When official markings are in place indicating those portions of any highway where overtaking or passing or driving to the left of such markings would be especially hazardous, no driver of a vehicle proceeding along such highway shall at any time drive on the left side of such markings.
C. 
The provisions of this section shall not apply to the driver of a vehicle turning left while entering or leaving such highway.
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable or prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the roadway.
It is unlawful, and unless otherwise declared in this chapter with respect to particular offenses, it is a traffic infraction for any person to do any act forbidden or to fail to perform any act required in this chapter.
A. 
The provisions of this chapter shall apply to the confines and limits of the Village of Phoenix.
B. 
The provisions of this chapter shall not apply to vehicles operated by the Police or Fire Department, nor shall they apply to other emergency vehicles during the actual course of the official operation of such vehicles.
A. 
Offenses involving the provisions of this chapter, except § 190-2, are punishable as provided in § 1800 of the Vehicle and Traffic Law.
[Amended 2-16-1999 by L.L. No. 1-1999]
B. 
Offenses involving the provisions of § 190-2 of this chapter shall be parking violations, with a fine of not more than $100 for each occurrence.
[Amended 9-8-2005 by L.L. No. 3-2005]
C. 
Failure to pay any fine assessed under § 190-2 of this chapter within 30 days of imposition by the court shall result in an increase in all such fines, regardless of subsection, in the amount of $25.
Notwithstanding any inconsistent provision in of this chapter to the contrary, pursuant to New York State Village Law § 20-2002, entitled "Traffic orders, rules and regulations," and the New York State Vehicle and Traffic Law § 1603, entitled "Delegation of powers," the Board of Trustees of the Village of Phoenix does hereby delegate to the Chief of Police, or to his or her designee, any powers granted to the Village by the New York State Vehicle and Traffic Law in Article 39, entitled "Regulation of Traffic by Cities and Villages," reserving, however, to the Board of Trustees the right to review, modify, change and/or repeal any such orders, rules or regulations of the Chief of Police and/or his or her designee.
[Added 2-16-1999 by L.L. No. 1-1999]
It is unlawful and, unless otherwise declared in this chapter with respect to particular offenses, it is a traffic infraction for any person to do any act forbidden or fail to perform any act required in this chapter.
[Added 11-17-1999 by L.L. No. 6-1999]
A. 
It is hereby found and determined to be in the best interest of the health, safety and welfare of the residents of the Village that the number of the street address of a house or building of any kind be clearly contrasting in color to the house or building so as to be clearly visible from the street for location of same by the Police and Fire Departments of the Village.
B. 
Every house or building of any kind that has a street number address shall display said number, being a minimum of three inches high for each digit, clearly contrasting in color to the house or building and clearly visible from the street or road by a person with average eye vision of 20/20.