Town of Amherst, NY
Erie County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Amherst 10-17-2005 by L.L. No. 8-2005, effective 10-31-2005.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Traffic Violations Bureau — See Ch. 57.
Parks, playgrounds and recreation areas — See Ch. 145.
Snowplowing — See Ch. 166.
Taxicabs — See Ch. 177.
Abandoned vehicles — See Ch. 184.
Removal and storage of vehicles — See Ch. 189.
[1]
Editor's Note: This local law also repealed former Ch. 186, which referred to provisions concerning vehicles and traffic.

§ 186-1 Applicability; exceptions.

The provisions of this chapter shall apply, except when it is necessary to stop a vehicle to avoid conflict with other traffic or in compliance with the directions of a police officer, peace officer, fire police, or Town constable as defined by the Laws of the State of New York, or parking enforcement officer duly appointed by the Town Board of the Town of Amherst, or official traffic control device.

§ 186-2 Definitions.

As used in this chapter, the following terms shall have the meanings indicated:
PARK, PARKS, PARKING, and PARKED
The stopping of a vehicle upon any public highway or adjacent area as described herein and leaving such motor vehicle or motorcycle unattended by a person capable of operating it for a period longer than necessary to load or unload passengers or freight.
STAND, STANDING, and LEFT STANDING
The stopping of a vehicle upon any public highway when such vehicle shall be occupied by persons capable of operating it for a period of time longer than necessary to load or unload passengers or freight, except when necessary to avoid a conflict with other traffic or in compliance with the directions of a police officer or a traffic control signal or marking.
STREET
For the purposes of parking, standing, or stopping, includes that part of the public right-of-way between the outer pavement edge and the outer edge of the sidewalk. Where no sidewalk exists, the public right-of-way shall be defined for the purpose of this chapter as 10 feet from the outer edge of the pavement.

§ 186-3 All-night parking.

The parking of vehicles is hereby prohibited on all Town and county roads within the Town of Amherst, exclusive of the Village of Williamsville, November 1 through and including April 1 of each ensuing year, inclusive, between the hours of 1:00 a.m. and 7:00 a.m.

§ 186-4 No parking anytime.

No person shall park a vehicle on any streets or parts of streets posted as areas of "No Parking" as described in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-5 No standing anytime.

No person shall stand a vehicle on any of the streets or parts thereof posted for "No Standing" as described in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-6 No stopping anytime.

No person shall stop a vehicle on any street or part of any street as posted for "No Stopping" as described in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-7 Parking in excess of 24 hours prohibited.

No person shall park a vehicle on any Town highways or county roads in the Town of Amherst for a period in excess of 24 consecutive hours.

§ 186-8 Parking of oversized vehicles on residential streets prohibited; exceptions.

A. 
In addition to the restrictions provided for in §§ 186-1 through 186-7, no vehicle larger than 225 inches, inclusive of load and bumper, and wider than 80 inches, as measured by the body, or higher than 81 inches, as measured from the underside of the tire to the top of the vehicle, shall be parked on any street within a residential area in the Town of Amherst.
B. 
The provisions of this section shall not apply to:
(1) 
Vehicles parked because of an emergency or at the direction of a Town of Amherst police officer;
(2) 
Vehicles of the Town of Amherst, fire apparatus, ambulances, or vehicles engaged in the work of a public utility; and
(3) 
Vehicles engaged in making pickups or deliveries or rendering services in or upon any property adjacent to the street where said vehicles are parked.

§ 186-9 No parking during certain hours.

No person shall park a vehicle between the hours specified for any given day where posted, to prohibit such parking on any of the streets or parts of streets as described in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-10 Left turns prohibited.

No person shall operate a vehicle so as to make left-hand turns at the locations posted and as set forth in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-11 No right or left turns on red.

No person shall operate a motor vehicle so as to make a right-hand or left-hand turn on a red light onto a one-way street in violation of Vehicle and Traffic Law § 1111, Subdivision (d)2, at the locations posted to prohibit such turns described in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-12 Vehicles in excess of posted weight limits and commercial vehicles excluded from certain highways.

[Amended 12-17-2007 by L.L. No. 17-2007]
A. 
No person shall operate on Town highways a vehicle having a weight in excess of the limits posted on such highway as set forth in the Highway Superintendent's Inventory of Traffic Control Devices on file in the office of the Highway Superintendent and Town Clerk as amended from time to time by resolution of the Town Board.
B. 
No person shall operate on Town highways a truck, commercial vehicle, tractor-trailer combination, tractor semitrailer combination or tractor-trailer semitrailer combination on Town highways posted against such use as set forth in the Highway Superintendent's Inventory of Traffic Control Devices on file in the office of the Highway Superintendent and Town Clerk as amended from time to time by resolution of the Town Board.

§ 186-13 Exceptions to weight limits and commercial traffic restrictions.

[Amended 12-17-2007 by L.L. No. 17-2007]
The regulations established in this article shall not be construed to prevent the local delivery or pickup of merchandise or other property on any highway from which such vehicles and combinations are otherwise excluded.

§ 186-14 Parking restricted temporarily.

A. 
The Chief of Police or the Highway Superintendent may prohibit the parking of vehicles in designated locations on a temporary basis.
B. 
The Chief of Police or Highway Superintendent shall post, with the appropriate "No Parking" signs, the location or locations that are temporarily restricted.

§ 186-15 Private parking lots; municipal parking lots.

A. 
Private parking lots. Owners, lessees, or those entities otherwise in possession of private parking lots may post signs limiting parking in their lots to certain times or categories of users such as customers, tenants, guests, employees, visitors and other similar user groups. When the controlling entity posts a notice of such a restriction, it is a violation of this chapter to park there in violation of such restriction. Violators will be subject to fines and/or towing at their expense at the direction of the police. The following is a sample notice of parking restrictions:
PARKING RESTRICTED EXCEPT FOR: Tenants, customers, employees, guests, visitors (pick appropriate restriction) of ________________________ (name of business or other entity)
ALL OTHERS KEEP OUT
Under penalty of law, Chapter 186 of the Code of the Town of Amherst.
Police enforcement including ticketing and/or towing at owner's expense.
B. 
Municipal parking lots. The Town of Amherst department head of the Town department having jurisdiction of parking lots owned, leased, possessed, and otherwise maintained by the Town of Amherst shall have the authority to post signs restricting the use of such parking lots. Failure to observe the posted restrictions shall be a violation of this section and subject violators to fines and/or towing at the owner's expense.

§ 186-16 Stop signs.

No one shall operate a vehicle so as to pass a stop sign without stopping and yielding the right-of-way to other street traffic either stopped or oncoming in either direction in violation of Vehicle and Traffic Law §§ 1142 and 1172 as posted at the locations set forth in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-17 Yield signs.

No one shall operate a vehicle so as to fail to yield the right-of-way to other street traffic in any direction in violation of Vehicle and Traffic Law §§ 1142 and 1172 at locations posted and as described in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-18 Speeding.

No one shall operate a vehicle at a speed in excess of any section of the posted speed or other speed regulations in violation of §§ 1180 and 1180-a of the Vehicle and Traffic Law, including, but not limited to, those posted and further described in the Highway Superintendent's Inventory of Traffic Control Devices on file in the offices of the Highway Superintendent and Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-19 One-way streets.

No one shall operate a motor vehicle in the wrong direction in violation of Vehicle and Traffic Law § 1127 on those streets, or parts thereof, posted as one-way and listed in the Superintendent of Highways' Inventory of Signs filed in the Offices of the Highway Superintendent and the Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-20 Crosswalks.

No person shall operate a motor vehicle so as to fail to yield the right-of-way to pedestrians at properly marked or posted crosswalks in violation of Vehicle and Traffic Law § 1151 at the locations described in the Superintendent of Highways' Inventory of Signs kept on file in the offices of the Superintendent of Highways and the Town Clerk, as amended from time to time by resolution of the Town Board.

§ 186-21 Traffic signals.

No person shall operate a motor vehicle so as to fail to obey traffic signals in violation of Vehicle and Traffic Law §§ 1111-a and 1113 at the traffic signals located at the intersections listed in the Superintendent of Highways' Inventory of Signs filed in the Superintendent of Highways' office and the Town Clerk's office, as amended from time to time by resolution of the Town Board.

§ 186-22 Parking trailer uncoupled from towing vehicle prohibited.

No person shall detach any trailer from its towing vehicle and allow it to remain or be unattended on any Town or county road in the Town of Amherst.

§ 186-23 Traffic infractions.

The violation of any section of this chapter or of a rule or regulation outlined herein shall constitute a traffic infraction within the meaning of § 1800 of the Vehicle and Traffic Law of the State of New York.

§ 186-24 Enforcement.

The foregoing Vehicle and Traffic Laws may be enforced by any authorized police officer, peace officer, or Town constable as defined by the laws of the State of New York. In addition, any parking enforcement officer duly appointed by the Town Board of the Town of Amherst may enforce the foregoing vehicle and traffic regulations related to parking infractions.