Village of Phoenix, NY Chapter 190 Vehicles and Traffic

[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.

§ 190-1 Definitions.

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.

INTERSECTION

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.

§ 190-2 Parking restrictions.

A. Except when necessary to avoid conflict with other traffic, or when in compliance with law or the directions of a police officer or official traffic-control device, no person shall stop, stand or park a vehicle:

[Amended 9-19-2006 by L.L. No. 5-2006; 7-7-2009 by L.L. No. 2-2009; 5-4-2010 by L.L. No. 2-2010; 9-1-2010 by L.L. No. 3-2010; 12-20-2022 by L.L. No. 5-2022; 11-7-2023 by L.L. No. 3-2023]

(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 12:00 midnight and 7:00 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.

(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.)

(23) No parking:

(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.

(24) Within 15 feet of a fire hydrant, except when such vehicle is attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move such vehicle in case of emergency, unless a different distance is indicated by official signs, markings or parking meters.

(25) Within 15 feet of a fire hydrant, except when such vehicle is attended by a licensed operator or chauffeur who is seated in the front seat and who can immediately move such vehicle in case of emergency, when such vehicle impairs or hinders the access of a fire vehicle to a fire hydrant while such fire vehicle is engaged in an emergency operation, unless a different distance is indicated by official signs, markings, parking meters or the provisions of any local law, rule, or ordinance.

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 § 190-2A(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]

§ 190-3 Speed limits.

[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.

§ 190-4 Certificate of inspection.

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.

§ 190-5 Traffic control devices.

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]

§ 190-6 Equipment.

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.

§ 190-7 Clinging to vehicles.

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.

§ 190-8 Driver's license.

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.

§ 190-9 Registration; number plate.

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.

§ 190-10 Safety belts and child seat restraints.

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.

§ 190-11 Lights.

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.

§ 190-12 Passing of vehicles.

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.

§ 190-13 Following too closely.

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.

§ 190-14 Required obedience to traffic laws.

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.

§ 190-15 Applicability.

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.

§ 190-16 Penalties for offenses.

[Amended 2-16-1999 by L.L. No. 1-1999; 9-8-2005 by L.L. No. 3-2005; 2-4-2020 by L.L. No. 1-2020]

A. Offenses involving the provisions of this chapter except § 190-2 are punishable as provided in § 1800 of the Vehicle and Traffic Law.

B. Offenses involving the provisions of § 190-2 of this chapter shall be parking violations, with the following fines to be assessed for each occurrence:

[Amended 1-16-2024 by L.L. No. 2-2024]

Violation	Fine Range
No parking, sidewalk	$0 to $100
No parking (official sign)	$0 to $100
Parked blocking public or public driveway	$0 to $100
Facing opposite direction	$0 to $100
Impeding or obstructing flow	$0 to $100
Handicapped parking	$0 to $100
No parking on public street (November 1 through April 1, 12:00 midnight to 7:00 a.m.)	$0 to $100
Parked within 20 feet of a crosswalk	$0 to $100
Parked outside of a marked parking space	$0 to $100
All other parking offenses	$0 to $100

C. Failure to pay any fine assessed under §§ 190-2 and 190-16 of this chapter within 30 days of imposition by the court shall result in an increase in all such fines equal to two times the original fine amount.

D. Failure to pay any fines assessed under §§ 190-2 and 190-16 of this chapter may result in immobilization of a vehicle as follows:

(1) Should a vehicle have three or more delinquent parking violation tickets issued by the Village of Phoenix Police Department and said vehicle is located on a Village street or roadway, a boot may be attached, immobilizing said vehicle until such time as all delinquent parking violation tickets are paid, along with an administration fee of $50 to cover the cost of booting and removing boot.

(2) It shall be a violation to tamper with or attempt to remove said boot. Any person who tampers with or attempts to remove a boot shall be subject to a fine not exceeding $250. Upon proof of payment of all delinquent parking violation tickets and the administrative fee, the boot shall be removed from said vehicle.

(3) Any police officer who locates a vehicle parking or standing within the Village of Phoenix public street or roadway known to have three or more delinquent Village of Phoenix violation tickets may attach a boot to the vehicle's wheel.

(a) Said officer shall attach a notice to the windshield of said vehicle which states: "This vehicle has been immobilized by the Village of Phoenix for delinquent parking violations tickets. Do not attempt to remove or tamper with the boot. This may cause damage to the boot and/or the vehicle. Tampering with the boot is an offense punishable by a maximum fine of $250. To have the boot removed, contact the Village of Phoenix Police Department and pay all delinquent parking violation tickets and an administrative fee of $50."

(b) After all delinquent parking violation tickets and the administrative fee have been paid, an officer of the Village of Phoenix Police Department shall remove the boot from the vehicle.

§ 190-17 Authority of Chief of Police.

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.

§ 190-18 Required obedience to traffic laws.

[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.

§ 190-19 House and building numbering.

[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.

§ 190-20 Pedestrians' right-of-way in crosswalks.

[Added 11-7-2023 by L.L. No. 3-2023]

A. When traffic control signals are not in place or not in operation, the driver of a vehicle shall yield the right-of-way, slowing down or stopping if need be to so yield, to a pedestrian crossing the roadway within a crosswalk on the roadway upon which the vehicle is traveling, except that any pedestrian crossing a roadway at a point where a pedestrian tunnel or overpass has been provided shall yield the right-of-way to all vehicles.

B. No pedestrian shall suddenly leave a curb or other place of safety and walk or run into the path of a vehicle which is so close that it is impractical for the driver to yield.

C. Whenever any vehicle is stopped at a marked crosswalk or at any unmarked crosswalk at an intersection to permit a pedestrian to cross the roadway, the driver of any other vehicle approaching from the rear shall not overtake and pass such stopped vehicle.