As used in this article, the following terms shall have the
meanings indicated:
Removal of a motor vehicle to a storage facility either by
a police officer of the Village of Suffern or by a contractor for
towing and storage in response to a request from a police officer
of the Village of Suffern.
[Amended 1-7-2008 by L.L. No. 1-2008; 3-1-2021 by L.L. No. 1-2021]
A.
The Village of Suffern hereby establishes the following areas for
municipal parking, subject to permit requirements and restrictions
with respect to hours as from time to time may be established by resolution
of the Village Board, and which requirements may be noticed by appropriate
marking and signage in each lot:
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LOT A Orange Avenue (right of Police Station)
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LOT B Chestnut Street
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LOT C Orange Avenue (left of Police Station)
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LOT D Route 59 (under Thruway bridge)
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LOT F Ballfield Lot (Parking is by Permit Only)
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LOT R Park and ride Rail Lot at Chestnut Street
and Ramapo Avenue
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B.
A permit is required to park for more than three hours in lots A,
B, C and D Monday through Friday between the hours of 6:00 a.m. and
4:00 p.m.
C.
A permit is required to park in Lot F Monday through Friday between
the hours of 6:00 a.m. and 4:00 p.m.
D.
A permit is required to park in Lot R Monday through Friday between
the hours of 6:00 a.m. and 10:30 a.m.
E.
Parking is permitted in any municipal lot on weekends and holidays
between the hours of 6:00 a.m. and 2:00 a.m. without a permit.
F.
Parking is permitted in any municipal lot Monday through Friday between
the hours of 4:00 p.m. and 2:00 a.m. without a permit.
G.
Parking permits are to be placed on the inside of the windshield
on the driver's side in the lower corner of the windshield.
[Amended 3-1-2021 by L.L. No. 1-2021]
Applications for parking permits shall be made to the Village
Office. Fees for parking permits shall be established by resolution
of the Village Board. Preference will be given to people employed
by in the Village of Suffern with respect to Lot B. All other permits
will be sold on a first come, first serve basis, in accordance with
the rules and regulations of the as established by the Village of
Suffern Parking Department.
Permits issued hereunder for any particular lot may be used
by any passenger motor vehicles in that lot.
[Amended 5-17-2004 by L.L. No. 8-2004; 3-1-2021 by L.L. No. 1-2021]
A.
It shall be unlawful to park a motor vehicle at any of the lots enumerated in § 254-29 unless the vehicle is parked in the area designated for parking. It shall be unlawful to park a motor vehicle at any of the lots enumerated in § 254-29 without a parking permit as may be required pursuant to that section. Operators of motor vehicles attending recreational or athletic events at the ballfield may park in other areas of the ballfield for a period not to exceed three hours but may not park within the ballfield enclosure.
B.
It shall be unlawful to park a motor vehicle in Lot A (Orange Avenue)
or in Lot R New Jersey Transit Park and Ride Rail Lot (Chestnut Street
and Ramapo Avenue) other than with the front of the vehicle facing
in.
[1]
Editor's Note: Former § 254-32.1, Capital One parking
lot, added 8-2-2010 by L.L. No. 5-2010, which immediately followed, was
repealed 3-1-2021 by L.L. No. 1-2021.
[Amended 2-5-2007 by L.L. No. 3-2007; 3-1-2021 by L.L. No. 1-2021]
The parking of motor vehicles in the parking lots enumerated in § 254-29 is prohibited between the hours of 2:00 a.m. and 6:00 a.m., except parking during such hours is permitted in designated spaces by a valid parking permit issued by the Suffern Parking Department that is displayed on the inside of the windshield on the driver's side in the lower corner and the inside rear window of the vehicle.
[Added 5-22-1995 by L.L. No. 4-1995]
[Amended 3-1-2021 by L.L. No. 1-2021]
[Amended 10-18-2004 by L.L. No. 14-2004]
A vehicle may be impounded without giving prior notice to the
owner:
B.
If the motor vehicle poses an immediate danger to the public safety;
or
C.
When a motor vehicle is parked on a public street in the Village
of Suffern outside the Central Business District while snow is accumulating
or in the Central Business District while prohibited for snow control
or removal.
A.
Not more than 48 hours after impoundment of a motor vehicle, the
Police Department shall mail a notice to the registered owner of the
vehicle and to any other person who claims the might of possession
of the vehicle. The notice shall be mailed to the registered owner
at the address provided by the New York State Department of Motor
Vehicles or the corresponding agency of any other state. If a police
officer, who has knowledge of the impoundment, has reason to believe
that an owner is residing at some different address which is known
to the officer, a copy of the notice shall also be mailed to such
owner in a manner designated, as nearly practicable, to give actual
notice. The notice shall contain particulars of the impoundment, redemption
and the opportunity to contest the propriety of the impoundment as
hereinafter provided.
[Amended 3-1-2021 by L.L. No. 1-2021]
Vehicles impounded by the Village shall be redeemed only under
the following circumstances:
A.
Only a registered owner, a person authorized by the registered owner
or one who has purchased a vehicle from the registered owner, who
produces proof of ownership or authorization and signs a receipt therefor,
may redeem an impounded vehicle.
As to any vehicle impounded pursuant to this article by or at the request of the Village of Suffern, its agents or employees, a person who has a legal entitlement to possession of the vehicle has a right to a post-seizure administrative hearing to determine whether there was probable cause to impound the vehicle if such person files a written demand with the Village of Suffern within 10 days after such person has learned such vehicle has been impounded or within 10 days after the mailing of the date set in the notice specified in § 254-36, whichever occurs first.
A.
A hearing shall be conducted before a hearing officer designated
by the Mayor within 48 hours of receipt of a written demand therefor
from the person seeking the hearing unless such person waives the
right to a speedy hearing. Saturdays, Sundays and Village holidays
are to be excluded from the calculation of the forty-eight-hour period.
The hearing officer shall be someone other than the person who directed
the impounding and storage of the vehicle. The sole issue before the
hearing officer shall be whether there was probable cause to impound
the vehicle in question. The phrase "probable cause to impound" shall
mean such a state of facts as would lead a person of ordinary care
and prudence to believe that there was violation of this article.
B.
The hearing officer shall conduct a hearing in an informal manner
and shall not be bound by technical rules of evidence. The person
demanding the hearing shall carry the burden of establishing that
such person has the right to possession of the vehicle. The Police
Department shall carry the burden of establishing that there was probable
cause to impound the vehicle in question. At the conclusion of the
hearing, the hearing officer shall prepare a written decision. A copy
of such a decision shall be provided to the person demanding the hearing
and the registered owner of the vehicle (if not the person requesting
the hearing). The hearing officer's decision in no way affects any
criminal proceeding in connection with the impound in question and
any criminal charges involved in such proceeding may only be challenged
in the appropriate court. The decision of the hearing officer is final.
Failure of the registered or legal owner or his agent to request or
attend a scheduled post-seizure hearing shall be deemed a waiver of
the right to such hearing.
The hearing officer shall only determine that as to the vehicle
in issue either there was a probable cause to impound the vehicle
or there was no such probable cause. In the event that the hearing
officer determines that there was no probable cause, the hearing officer
shall prepare and date a certificate of no probable cause, copies
of which shall be given to the possessor of the vehicle and the Police
Department. Upon receipt of the possessor's copy of such certificate,
the garage having custody of the vehicle shall release the vehicle
to its possessor. Upon a finding of no probable cause, towing and
storage fees shall be paid by the Village of Suffern. If the possessor
fails to present such certificate to the garage having custody of
the vehicle within 24 hours of its receipt, excluding such days when
the garage is not open for business, the possessor shall assume liability
for all subsequent storage charges. Such certificate shall advise
the possessor of such requirement.
The Police Department shall keep, and make available for public
inspection, a record of all vehicles impounded by it under the provisions
of this article. The record shall include at least the following information:
A.
Manufacturer's trade name or make.
B.
Vehicle license number and state of registration.
C.
Vehicle identification number.
D.
Such other descriptive information as the Chief of Police deems useful
for purposes of vehicle identification.
E.
Basis for impoundment, including reference to the appropriate section
or sections of this article.
F.
Disposition of the vehicle and date of disposition.
[1]
Editor's Note: Former § 254-42, Violations, was
repealed 10-18-2004 by L.L. No. 14-2004.
[Amended 8-2-2010 by L.L. No. 5-2010; 3-5-2012 by L.L. No.
4-2012; 3-1-2021 by L.L. No. 1-2021]
Village of Suffern Parking Enforcement Aides and Code Enforcement Officers are authorized to issue tickets for violation of this article and for violation of any parking regulation set forth in the Code of the Village of Suffern, any local law, ordinance, Village Board resolution, Mayor's promulgation or the New York State Vehicle and Traffic Law, and any signage posted pursuant thereto, if such violation occurs in any of the parking lots specified in § 254-29 of this article, or on any of the following streets: Lafayette Avenue, Chestnut Street, Suffern Place, East Park Place, Park Avenue from Lafayette Avenue to its intersection with East Park Place and Orange Avenue, Ramapo Avenue, Meadow Avenue, Ridge Avenue, East and West Park Avenue, East and West Maple Avenue, East and West Maltbie Avenue, Oak Terrace, Jersey Avenue, First Avenue and Mansfield Place.
