[Adopted 3-22-1984 by L.L. No. 2-1984 (Ch. 55, Art. VIII,
of the 1972 Code)]
This article shall be known and may be cited as "Traffic Regulations
at Parking Areas and Driveways of Hospitals, Shopping Centers, Private
Apartment Complexes, Fire Stations and Private Condominium Complexes
in the Village of Nyack."
A.
The Board of Trustees of the Village of Nyack, pursuant to the authority
granted under § 1640-a of the Vehicle and Traffic Law of
the State of New York, does hereby authorize the Superintendent of
Public Works of the Village of Nyack, upon the recommendation of the
Police Department having jurisdiction over said area, subject to the
approval by resolution of said Village Board, to perform the following
functions, in the discharge of which said Superintendent of Public
Works may, as required, request the assistance of the Police Departments:
[Amended 10-10-1991 by L.L. No. 15-1991]
(1)
Order stop signs, flashing signals or yield signs erected at entrance
or exit locations to such areas or designate any intersection in such
areas as a stop intersection or as a yield intersection and order
like signs or signals at one or more entrances to such intersection.
(2)
Regulate movement of traffic and standing of motor vehicles to prevent
obstruction in such area, including regulation by means of traffic
signals.
(3)
Prohibit or regulate the turning of any vehicles at intersections
or other designated locations in such area.
(4)
Regulate the crossing of any roadway in such area by pedestrians.
(5)
Designate any separate roadway in such area for one-way traffic.
(6)
Prohibit, regulate, restrict or limit the stopping, standing or parking
of vehicles in specified areas of such area.
B.
Illegally parked and abandoned vehicles.
(1)
In addition to the foregoing, the Police Departments are hereby authorized
and directed to remove and store or have removed or stored:
[Amended 10-10-1991 by L.L. No. 15-1991]
(2)
The owner or operator of any motor vehicle parked in violation of
the foregoing provisions shall be liable for any expenses incurred
by the Village in the removal of said motor vehicle, such charges
not to exceed $60, together with any charges for storage of said motor
vehicle, such storage charges not to exceed $2 per day or fraction
thereof, and penalties for violation of this article not to exceed
$60.
[Amended 8-10-1989 by L.L. No. 6-1989]
[Amended 10-10-1991 by L.L. No. 15-1991]
The Fire Inspector of the Village of Nyack, in cooperation with
the Police Departments, subject to approval by resolution of the Village
Board of the Village of Nyack, is hereby authorized, pursuant to the
authority granted under § 1640-a of the Vehicle and Traffic
Law of the State of New York, to determine and establish appropriate
fire lanes and fire zones at parking areas and driveways of hospitals,
shopping centers, private apartments, private condominiums, fire stations,
schools, museums, libraries, theaters and places of public assembly.
The Highway Department of the Village of Nyack, subsequent and pursuant
to the resolution of the Village Board approving the same, shall cause
to be erected or installed adequate signs, markings and other devices
to delineate said fire lanes and fire zones on such premises.
A.
Any other provision notwithstanding, any police officer patrolling
in the Village of Nyack is hereby authorized and empowered to issue
or cause to be issued a summons returnable in the Justice Court of
the Village of Nyack, or any other court of competent jurisdiction,
for any motor vehicle in violation of the traffic and safety provisions
of this article and, likewise, the Building Inspector hereby is authorized
and empowered to issue such summons for any violation involving the
operation, maintenance and control of any premises.
[Amended 10-10-1991 by L.L. No. 15-1991]
B.
Every person convicted of a traffic infraction for a violation of
any provision of this article shall, for a first conviction thereof,
be punished by a fine of not more than $50 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment; for
a second such conviction within 18 months thereafter, such person
shall be punished by a fine of not more than $100 or by imprisonment
for not more than 45 days, or by both such fine and imprisonment;
upon a third or subsequent conviction within 18 months after the first
conviction, such person shall be punished by a fine of not more than
$100 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
C.
Any person committing an offense against any provision of this article
shall be guilty of a violation punishable by a fine not exceeding
$250 or by imprisonment for a term not to exceed 15 days, or by both
such fine and imprisonment. The continuation of an offense against
the provisions of this article shall constitute, for each day the
offense is continued, a separate and distinct offense hereunder.
D.
Notwithstanding any other provision of this article, any violation
hereof which constitutes a misdemeanor under the Vehicle and Traffic
Law shall be punished in the manner as provided by the Vehicle and
Traffic Law of the State of New York.
All ordinances and local laws or parts of ordinances and local
laws inconsistent herewith are hereby repealed, except that such repeal
shall not affect the validity of any criminal prosecution or civil
action commenced or pending.
[Added 10-10-1991 by L.L. No. 15-1991]
Upon written request from the owner of Phase III of said condominium
project and based on the Village's public access easements over portions
of said parcels, the following regulations shall affect that portion
of the Clermont Condominium Project lying at the base of Main Street,
specifically the access road from the east end of Main Street, on
which the Village has a public access easement, the promenade and
piers jutting over the Hudson River, directly in line with Main Street,
for which the Village has a public access easement, and the undeveloped
private land to the north of the access road and abutting the water:
A.
Parking and standing of vehicles are prohibited in all these areas.
B.
The access road and promenade constitute fire lanes and fire zones within the meaning of § 330-63.
C.
Pedestrians shall have unlimited access to said promenade and piers,
provided that the Police Department may enforce any other provisions
affecting conduct in public places (e.g., noise and no-swimming prohibitions)
by any violation in said area.
