[HISTORY: Adopted by the Town Board of the Town of Rochester 12-6-1984 by L.L. No. 9-1984. Amendments noted where applicable.]
The purpose of this chapter is to provide regulations regarding parking on certain roads in the Town of Rochester, and further providing for parking regulations for snow and other emergencies.
[Amended 1-3-2013 by L.L. No. 1-2013]
There shall be no parking on any Town road within the Town of Rochester from 12:00 midnight through 6:00 a.m.
Except when necessary to avoid conflicts with other traffic or in compliance with direction of a police officer or traffic control device, if any, there shall be no parking in the following locations within the Town of Rochester, and such other locations as may be determined by resolution of the Town Board of the Town of Rochester, at any time unless specifically noted otherwise:
Snow regulations. It is hereby found and declared to be in the best interest and welfare of the general public to expedite the removal of snow, reduce driving hazards and to ensure open roads for the movement of emergency vehicles during snowstorms, flood, serious fire and other extreme public emergency.
During the period between November 15 of each year and April 15 of the following year, all parking is prohibited on every road, street or highway in the Town of Rochester from 12:00 midnight until 8:00 a.m.
Parking by local merchants or delivery trucks immediately in front of a place of business within the town for temporary purposes, such as loading and unloading, is excepted from the provisions herein so long as such parking does not interfere with said snow removal procedures.
Declaration of emergency. The Supervisor of the town may declare a state of emergency in cases of flood, serious fire or other extreme public emergency whenever conditions resulting therefrom create a dangerous driving condition within the town. During the existence of such emergency, no vehicle shall be parked or abandoned upon that portion of the road, street or highway within said town affected by the conditions resulting from flood, serious fire or other extreme public emergency.
Removal of vehicles. Any vehicle parked or abandoned in violation of the provisions of this section shall be deemed a nuisance and a menace to the safe and proper regulation of traffic and may be removed and impounded as hereinafter provided.
Removal authorized. Any vehicle parked or abandoned on any road, street or highway within said town during a snowstorm, flood, fire or other public emergency; or found unattended on any road, street or highway where said vehicle constitutes an obstruction to traffic; or found unattended on any such road, street or highway where stopping, standing or parking of vehicles is prohibited may be removed by any Town of Rochester constable or by any employee or agent of the town duly designated by the Supervisor or Town Clerk. Such removal by the town shall be done without incurring any liability for damages to the vehicle, provided that reasonable care has been taken in its removal.
Storage. After removal of any vehicle as provided in this section, such vehicle may be stored at a place designated by any constable or by the Supervisor or Town Clerk to be there held until the owner or operator of such vehicle shall call for and remove the same.
Payment of charges. Prior to the removal from such storage, the owner or operator of such vehicle shall pay to the tow truck owner or operator the amount of all reasonable charges and expenses actually and necessarily incurred in such removal from such road, street or highway. However, if such vehicle is not claimed within 90 days of removal from such road, street or highway, then the tow truck owner or operator may present to the Town Clerk a statement of charges actually and necessarily incurred in such removal from such road, street or highway, not to exceed a sum to be determined, from time to time, by resolution of the Town Board. The Town shall have the authority to undertake any and all legal remedies against the vehicle owner and/or operator to recover those charges. Any other charges incurred as a result of the above action will be levied against the owner or operator of such vehicle by the tow truck owner or operator, and the Town shall not be responsible therefor.
[Amended 1-3-2013 by L.L. No. 1-2013]
Notice. The Town Clerk shall without delay report to the Supervisor and the Town Board the removal and disposition of any vehicle as provided in this section and also shall notify the owner or operator of any such vehicle removed, if the name of such owner or operator can be ascertained, of the removal and disposition of any such vehicle and of the amount required to be paid before the same shall be removed from storage.
Every person convicted of a traffic infraction for a violation of any part of this chapter which is not a violation of any part of the New York State Vehicle and Traffic Law shall be punishable by a fine not to exceed $50. Any parking ticket or complaint on such violation shall not require the verification thereof so long as the person issuing the same affirms it under penalties of perjury.