[Adopted 6-28-1954]
VEHICLE — Shall mean any device by which any
person or property may be transported upon a highway, except those
operated upon rails or tracks.
[Amended 10-25-1965]
That property owned by Malone Village and located at the southeast
corner of Jane Street or Harrison Place and Duane Street is hereby
established as a nonparking meter zone.
That property occupied by the Village of Malone and located
on the northwesterly side of Elm Street in the Village of Malone on
lands owned by the Citizens Bank of Malone, Howard Properties and
New York Telephone Company is hereby established as a nonparking meter
zone.
The Malone Village Board shall provide for installation of meters,
including marking lines, regulation and operation thereof, and shall
cause said meters to be maintained in good workable condition. Meters
shall be placed upon the property next to individual parking places
and meters shall be so constructed as to display a signal showing
legal parking upon deposit therein of the proper coin or coins of
the United States or Dominion of Canada, as indicated by instructions
on said meter, and for a period of time conforming to the parking
limits of the Village of Malone, said signal to remain in evidence
until expiration of said parking period so designated, at which time
a change of signal or some other mechanical operation shall indicate
expiration of said parking period.
The village is hereby vested with the authority to enter into
a contract for the purchase and installation of parking meters and
to provide payment thereof exclusively from the receipts obtained
by the village from their operation and that said means of payment
shall be in addition to any other purchasing powers vested in the
village.
When any vehicle shall be parked next to a parking meter, the
owner or operator of said vehicle shall park within the area designated
by the marking lines as indicated for parallel or diagonal parking,
and upon entering said parking space shall immediately deposit in
said meter one twenty-five-cent coin of the United States or of the
Dominion of Canada, or one to six five-cent coins of the United States
or of the Dominion of Canada and/or one or two ten-cent coins of the
United States or of the Dominion of Canada. It shall be unlawful for
any person to fail to park within said designated area, or fail or
neglect to so deposit the proper coin or coins.
Said parking space may then be used by such vehicle during the
legal parking limit provided by the ordinances of the village, and
said vehicle shall be considered as unlawfully parked if it remains
in said space beyond the legal parking limit and/or when said parking
displays a signal showing such illegal parking. It shall be unlawful
for any person to cause or permit any vehicle registered in his name
to be unlawfully parked, as set out in this section.
No vehicle having an overall length in excess of 20 feet shall
be parked in the said parking area.
Proof of registration of a motor vehicle and proof of a violation
of this ordinance shall be construed as prima facie proof that the
registered owner of such motor vehicle was the user or operator thereof
at the time of the violation charged.
The deposit of a twenty-five-cent coin in such meter shall entitle
the vehicle properly parked in that particular space governed by such
meter to remain parked there for 12 hours. The deposit of a five-cent
coin shall entitle the vehicle properly parked in that particular
space governed by such meter to remain parked there for two hours.
The deposit of a ten-cent coin shall entitle the vehicle properly
parked in the space governed by such meter to remain parked there
for four hours. It shall not be lawful, however, for one vehicle to
remain parked in any one particular space for over 12 consecutive
hours.
It shall be unlawful to deposit or cause to be deposited in
any parking meter any slug, device or a metallic substitute for a
coin of the United States or of the Dominion of Canada.
It shall be unlawful for any person to tamper with, open, wilfully
break or destroy any parking meter.
It shall be the duty of each traffic patrolman, or such other
officer as shall be so instructed by the Chief of Police in his beat
or district, to take the number of any meter at which any vehicle
is overparked or has occupied the space overtime, as provided in this
ordinance, and the state vehicle tag number of such vehicle, and report
the same to the Police Department, together with the length of time
during which said vehicle has remained in violation of any of the
provisions of this ordinance, as well as any other facts, a knowledge
of which is necessary to a thorough understanding of the circumstances
attending such violation. Each such police officer shall also attach
to such a vehicle a notice to the owner thereof that such vehicle
has been parked or has remained in such place in violation of a provision
of this ordinance, and instructing such owner to report at the Police
Court[1] of the Village of Malone in regard to such violation.
Each such owner may within three days of the time when such notice
was attached to such vehicle pay to the Police Court of the Village
of Malone, as a penalty for and in full satisfaction of such violation,
an amount equivalent to $1, multiplied by the number of periods of
parking time established as the legal limit for such parking space,
and during which such vehicle occupied such parking space in violation
of any of the provisions of this ordinance. The failure of such owner
to make such payment to the Police Court of the Village of Malone,
New York, within said three days shall render such owner subject to
the penalties hereinafter provided for a violation of the provisions
of this ordinance.
Any person, firm or corporation who shall violate or permit
or allow anyone to violate the provisions of this ordinance shall
upon conviction be fined not more than $50 and costs.
The fee required to be deposited in said meters is hereby levied
as a police regulation and inspection fee to cover the cost of providing
parking spaces, parking meters, and installation and maintenance thereof,
the cost of regulation and inspection, operation, control and use
of the parking-meter spaces and zones erected herein, for the regulation
and control of traffic moving in and out of, and parking in, said
parking spaces and zones so erected and for the cost of any resultant
traffic administration expense.
If any section, provision or part thereof in this ordinance
shall be adjudged invalid or unconstitutional by a court of competent
jurisdiction, then such adjudication shall not affect the validity
of the ordinance as a whole, or any section, provision or part thereof
not so adjudged invalid or unconstitutional.
This ordinance shall become effective on July 15, 1954.
