[HISTORY: Adopted by the Town Board of the Town of Orangetown 2-26-2019 by L.L. No. 1-2019.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Parking areas — See Ch. 23A.
Vehicles and traffic — See Ch. 39.
Enforcement of parking on private property and shopping plazas — See Ch. 40.
[1]
Editor's Note: This ordinance also superseded former Ch. 24,
Municipal Parking Lots, adopted 5-10-2011 by L.L. No. 6-2011.
A.
The Town shall permit use of its Town parking lots for parking of
motor vehicles located in the downtown Pearl River area and the Hamlet
of South Nyack.
[Amended 1-23-2024 by L.L. No. 2-2024]
B.
The municipal parking lots to which this section shall apply are
the following Town-owned lots:
[Amended 1-23-2024 by L.L. No. 2-2024]
(1)
Pearl
River: Parking Lot No. 1, located between East Washington Avenue and
East Central Avenue; Parking Lot No. 2, located on the south side
of William Street, south of Franklin Avenue; Parking Lot No. 3, located
on the corner of East Washington Avenue and North William Street.
(2)
South
Nyack: Brookside Avenue Surface Parking Lot on the South side of the
street at 67 Brookside Avenue.
C.
A twenty-four/seven permit is a parking permit which allows for resident
parking 24 hours per day, seven days per week, in certain designated
spots within a Town parking lot. The hours, location and fees for
said twenty-four/seven parking permit shall be designated pursuant
to resolution of the Town Board.
D.
An overnight parking permit is a parking permit which allows for
resident parking in a parking space within a Town parking lot, designated
pursuant to resolution of the Town Board for off-street overnight
parking for people who reside in the downtown Pearl River area as
defined herein. Said permit shall be issued on an annual or seasonal
basis. The hours and fees for said overnight parking permit shall
be designated pursuant to resolution of the Town Board.
E.
A municipal parking permit is a parking permit which allows parking in a space within a Town parking lot for off-street parking. Said permit shall be available to purchase for either a one-year period or for a six-month period; however, all permits shall expire as stated in § 24-1L(7). The hours, duration and fees for said municipal parking permit shall be designated pursuant to resolution of the Town Board.
F.
A merchant parking permit is a parking permit which allows merchants
to park in a designated metered "merchant space" within a Town parking
lot. The holder of said merchant parking permit shall pay the appropriate
meter fees while parked in said lot. The hours and fees for said merchant
parking permit shall be designated pursuant to resolution of the Town
Board.
G.
Designation of spaces for use by holders of a twenty-four/seven permit,
overnight parking permit (whether annual or seasonal permit), municipal
parking permit and/or merchant permit holders shall be made pursuant
to resolution of the Town Board.
H.
Twenty-four/seven parking permits, overnight parking permits, municipal
parking permits and merchant parking permits are to be issued by the
Town Clerk on the basis of the criteria set forth herein.
I.
The Town Board, by separate resolution, shall designate locations,
hours of operation and fees.
J.
The twenty-four/seven parking and overnight parking permits shall
be obtainable and made available to residents of the Town of Orangetown
who reside primarily in a residence located in downtown Pearl River,
and merchant parking permits shall be obtainable and made available
to any owner or lessee of any real property used for commercial and/or
business purposes located in downtown Pearl River, that being any
real property (residence or business) located on and between the following
streets: North Henry Street from its intersection with East Washington
Avenue south to South Henry Street where it meets South Middletown
Road; Franklin Avenue from its intersection with Henry Street west
to South William Street; South William Street south to its intersection
with Jefferson Avenue; Jefferson Street west to its intersection with
NYS Route 304 (Pearl Street); NYS Route 304 (Pearl Street) north to
its intersection with Washington Avenue; Washington Avenue from its
intersection with Route 304 (Pearl Street) east to its terminus at
Middletown Road. Every individual applying for one of these permits
must submit proof that he/she is an individual so eligible to receive
such a permit. Said proof shall consist of an original of any two
of the following documents, or such other documentation acceptable
to the Town Clerk.
(1)
A deed to real property located within boundaries set forth herein.
(2)
A current lease to any real property located within the boundaries
set forth herein.
(3)
A current driver's license setting forth the residence within the
boundaries set forth herein.
(4)
A current motor vehicle registration certificate setting forth a
residence within the boundaries set forth herein.
(5)
A voter's registration card setting forth a residence within the
boundaries set forth herein.
(6)
A current utility bill setting forth a residence within the boundaries
set forth herein.
(7)
A signed, notarized letter from the owner or lessee of any real property located within the boundaries set forth herein certifying that the individual applying for such permit is an agent, servant and/or employee of such owner or lessee, along with one of the above [Subsection J(1) through (6)] for such owner.
K.
The municipal parking permit shall be made available to residents
of the Town of Orangetown. If space permits, residents of the County
of Rockland may also be issued such permits.
L.
Additional parking fee rules, requirements and responsibilities are:
(1)
Applications must be filled out completely and accurately.
(2)
A copy of the current vehicle registration, a valid New York State
driver's license and proof of existing automobile liability insurance
shall be required at the time of issuance of the permit.
(3)
You must notify the Town Clerk and the Superintendent of Highways
immediately of any changes with respect to residency/ownership.
(4)
Stickers may not be transferred to another vehicle.
(5)
Every permit holder must provide for his or her own snow and ice
removal, as needed.
(6)
Replacement permits will be issued only if original permit sticker
is removed and returned. In no event, however, will permit refunds
be issued.
(7)
Each permit shall expire on December 31 of each year, except for the seasonal overnight parking permit, which will run in accordance with § 39-3 of the Town Code, subject to renewal and/or reapplication with proof of continued residence (or merchant employment verification) and payment of appropriate annual fees to the Town Clerk as set by the Town Board.
(8)
All vehicles receiving permits pursuant to this section and parked
in the municipal parking lots must be currently registered, insured,
have proper inspection certificates and be in operable condition.
(9)
The parking of commercial vehicles in the municipal lots is prohibited.
(10)
Parking in municipal parking lots shall be for personal parking use
only and not for storage of vehicles. Permits are not transferable.
(11)
Holders of twenty-four/seven permits may be required to remove their vehicles from a particular parking spot, upon 48 hours' notice from the Town, for regular site maintenance and/or snow removal. Each such permit holder shall provide at least two forms of contact information (e.g., telephone number, e-mail address, postal address, third-party telephone number, etc.) on his or her application. Any vehicle not removed upon delivery of notice by the Town will be considered illegally parked and result in removal of the vehicle from the lot pursuant to the provisions of§ 24-3C of this chapter.
M.
The term "individual," as used herein, means a natural person.
N.
The holder of any permit issued under this article acknowledges and
expressly agrees that parking in any downtown municipal parking lot
is at the permit holder's risk, and the permit holder further agrees
to hold the Town of Orangetown and its Highway Department harmless
for any claim of harm or damage to the permit holder's vehicle resulting
from parking in said municipal lot.
O.
Alternative procedure; money in lieu of parking spaces: Where the
Planning Board and/or Town Board, depending upon which Board has jurisdiction
over a particular site development plan or permit for a project located
within the CS Zoning District in downtown Pearl River, after consultation
with the Superintendent of Highways, deems that said plan does not
allot the requisite number of parking spaces as required by the Orangetown
Zoning Code, the Planning Board and/or Town Board, as the case may
be, may modify or waive the requirement for such parking spaces, provided
that the applicant deposit with the Town, prior to the signing of
the site plan by the Clerk of the Boards or other designated individual,
or if no site plan is required, prior to the issuance of any building
permits, a cash payment in lieu of parking spaces. Such deposit shall
be placed in a special fund, and each such deposit shall be separately
identified to show the name and location of the site development plan
for which the deposit was made. Such deposit shall be used by the
Town for the maintenance, repair and upkeep of the municipal lots,
the development of future parking, the rehabilitation or improvement
of existing parking and/or any other parking needs within the boundaries
set forth herein. The Planning Board and/or Town Board shall determine
the amount to be deposited based on the formula established by resolution
of the Town Board. Notwithstanding the foregoing, residents must still
pay the appropriate permit fee in order to obtain a twenty-four/seven
or overnight parking permit pursuant to this chapter.
P.
Nothing in this article shall be construed so as to guarantee any
resident a parking permit or any permit holder a particular parking
spot or the availability of a parking spot at any given time.
It shall be unlawful for any vehicle to be parked in Pearl River
Municipal Parking Lot No. 1, No. 2 or No. 3 or any other off-street
municipal parking lot in Pearl River, except in compliance with the
terms and provisions of this chapter.
A.
Metered areas. In all metered portions of the Pearl River municipal
parking lots, no vehicle shall be parked without payment of the parking
meters installed therein. Rates and hours shall be set by Town Board
resolution.
B.
Meters in the Pearl River municipal lots shall be in operation between
the hours of 6:00 a.m. and 6:00 p.m., Monday through Saturday; Sundays
and holidays are excepted.
C.
Holders of permits for municipal, overnight and twenty-four/seven
parking do not have to pay for parking at metered spots designated
as available for parking by such permit holders. Merchant parking
permit holders must pay the meters as directed.
D.
No parking is permitted in nonmetered parking spots in Pearl River
municipal parking lots, except by appropriate permit.
A.
Area of Town. For all parking violations within Pearl River Municipal
Lot Nos. 1, 2 and 3 or any other off-street municipal parking lot
located in Pearl River, including violations regarding permit and/or
metered parking, the registered owner of a vehicle who incurs a first
violation within a one-year period shall be assessed a fine of $15;
a registered owner of a vehicle who incurs a second violation within
a one-year period shall be assessed a fine of $25; and a registered
owner of a vehicle who incurs a third, or more, violation within a
one-year period shall be assessed a fine of $50 per violation. However,
for each registered owner of a vehicle ticketed for a lot meter violation,
he/she must complete one full year without being convicted of a lot
parking meter violation before his/her fine status shall revert to
"first violation within a one-year period" status. For convenience,
the aforesaid fine schedule is set forth in Table I below.
[Amended 1-23-2024 by L.L. No. 2-2024]
(1)
For all other municipal lot violations, the following fine schedule
is applicable to the registered owner of the vehicle:
|
TABLE 1
| |
|---|---|
|
Number of Violations (per year)
|
Fine (per violation)
|
|
One
|
$15
|
|
Two
|
$25
|
|
Three or more
|
$50
|
(2)
Fines revert to the beginning of the schedule only after one full
year with no violations.
B.
A violation of any provision of this article shall constitute an
offense against this article.
C.
Except as otherwise authorized by valid permit issued pursuant to
this article, in the event that any automobile, motorcycle or other
vehicle has been left illegally parked in any metered or other parking
space in violation of the provisions of this article for a period
of five continuous hours, or if the vehicle has five or more unpaid
parking violations against it, then the vehicle shall be and is hereby
declared to be a public nuisance. In any case where a vehicle is declared
a public nuisance, the Town may have such vehicle removed from that
metered or other parking space at the expense of the registered owner
thereof and tow such vehicle to a designated lot or yard, or the Town
may have a boot attached to the vehicle's wheel(s). Any vehicle that
has been removed from a metered or other parking space pursuant to
this section shall be released to the registered owner thereof upon
payment by the registered owner of the fines and other costs and expenses
levied against such vehicle, including towing and storage costs.
As used in this article, the following terms shall have the
meanings indicated:
Any vehicle that operates exclusively on electrical energy
from an off-board source that is stored in the vehicle's battery(ies)
and produces zero tailpipe emissions or pollution when stationary
or operating.
When an electric vehicle is connected to electric vehicle
supply equipment (or standard outlet) for the purpose of recharging
motive batteries on board the electric vehicle.
Any motor vehicle that is registered with New York State
Department of Motor Vehicles (OMV) and is authorized to operate on
public and private highways, roads and streets, and operates, either
partially or exclusively, on electrical energy from the grid, or an
off-board source that is stored on board for motive purpose. "Electric
vehicle" includes:
An area that is publicly owned and publicly available (e.g.,
parking spaces on a public street or municipal parking lot), that
is served by electric vehicle supply equipment or battery charging
station equipment that has as its primary purpose the transfer of
electric energy (by conductive or inductive means) to a battery or
other energy storage device in an electric vehicle.
Any marked parking space that is equipped with an electric
vehicle charging station.
A self-propelled, electrically powered four-wheeled motor
vehicle, equipped with a roll cage or crushproof body design, whose
speed attainable in one mile is more than 25 miles per hour but not
more than 35 miles per hour and otherwise meets or exceeds the federal
regulations set forth in 49 CFR 571.500.
A self-propelled, electrically powered four-wheeled motor
vehicle whose speed attainable in one mile is more than 20 miles per
hour and not more than 25 miles per hour and conforms to federal regulations
set forth in 49 CFR 571.500.
Such highways or parts of highways in the Town of Orangetown
where, pursuant to this or any other ordinance of the Town, parking
meters are installed, operated, maintained, policed and supervised
and where the payment of a fee for the privilege of parking where
such meters are in operation is fixed and required.
An electric vehicle that:
Contains an internal combustion engine and also allows power
to be delivered to drive wheels by an electric motor;
Charges its battery primarily by connecting to the grid or other
off-board electrical source;
May additionally be able to sustain battery charge using an
on-board internal combustion-driven generator; and
Has electricity-powered travel capability.
Shall have the meanings as defined in the Vehicle and Traffic
Law of the State of New York.
A.
In the parts of the highways in the Town of Orangetown described
in § 26-13 of this article and established as parking zones,
and in said zones and in such other parking meter zones as hereafter
may be created by ordinance of the Town of Orangetown, parking meters
shall be installed, operated, maintained, policed and supervised.
B.
Cost of parking at said meters shall be set pursuant to resolution
of the Town Board.
C.
Each parking meter shall have a ten-minute grace period after the
expiration of the designated allowable parking time before indicating
meter expiration.
D.
Appropriate signs shall be placed in prominent locations to direct
individuals to municipal parking and extended parking and overnight
parking zones.
E.
All parking zones shall be enforced at times to be set pursuant to
resolution of the Town Board.
F.
Irrespective of any fee, charge, fine, amount, limitation on time,
day and location of meter heretofore provided herein, the Town Board,
by duly adopted resolution, may promulgate or provide for such other
fee, charge, fine, amount, limitation or time, day or location of
meter as it in its discretion shall deem necessary and proper to further
the purposes of this article for the parking areas heretofore provided
or for such other parking areas as may hereafter be designated.
A.
The Town Board is hereby authorized to have parking meters installed
in such parking meter zones as are created by this article or shall
be created by any other ordinance of the Town of Orangetown. Such
parking meters shall be placed upon or at the curb alongside of or
next to individual parking places to be designated as hereinafter
provided. Each said parking meter shall be so set as to show or display
a signal that the parking space alongside of the same is or is not
in use.
B.
The Chief of Police of the Town of Orangetown shall provide for the
operation, maintenance, policing and supervision of such parking meters
and shall see that the meters are kept in good working order and condition.
Each parking meter shall be so set as to display a signal showing
legal parking upon the deposit of the appropriate monies or a valid
meter time-card (to be available for purchase) for the appropriate
designated time period. Each meter shall by its device clearly set
out and continue operation from the time of depositing such coins
until the expiration of the parking limit. Each meter shall also be
arranged that 10 minutes after the expiration of said parking limit
it will indicate that the lawful parking period as fixed by this article
or any other ordinance of the Town of Orangetown has expired.
C.
At the sole discretion of the Town Board, a parking enforcement manager
shall oversee the maintenance of all meters and parking equipment,
as well as all collection and enforcement issues with respect to the
Pearl River Parking Plan; he/she shall perform said duties for the
Town of Orangetown for 20 hours per week, or additional or less time
as mandated by the Town Board at its discretion.
D.
At the sole discretion of the Town Board, two enforcement agents
shall assist the aforesaid manager with all maintenance, collection
and/or enforcement issues with respect to the Pearl River Parking
Plan; they shall each perform said duties for the Town of Orangetown
for 20 hours per week, or additional or less time as mandated by the
Town Board at its discretion.
A.
The Town Board shall have lines or markings painted or placed upon
the curb and/or upon the street adjacent to each parking meter for
the purpose of designating the parking space for which said meter
is to be used, and each vehicle parking adjacent to or next to a parking
meter shall park within the lines or markings so established. It shall
be unlawful and a violation of this article to park any vehicle across
any such line or marking, or to park said vehicle in such a position
that the same shall not be entirely within the area so designated
by such lines or markings.
B.
All parking spaces shall be so marked that no vehicle shall be parked
on any state highway other than parallel to the curb, and so that
no vehicle shall be required to park in violation of the Vehicle and
Traffic Law.
C.
Certain parking zones (i.e., on Franklin Street and William Street
and in the municipal lot on North William Street) shall be designated
as "Merchant and Extended Parking Zones" and shall be so marked by
yellow meters.
D.
Certain parking zones shall be designated as "Handicapped Parking
Zones" and shall be so marked by blue meters.
E.
Certain parking zones shall be designated as "15 Minute Parking Zones"
and shall be so marked by red meters (these meters will require payment
of $0.25 per fifteen-minute period).
F.
Certain parking zones shall be designated as "30 Minute Parking Zones"
and shall be so marked by green meters (these meters will require
payment of $0.25 per thirty-minute period).
G.
Certain parking spaces on public streets or in Town-owned municipal
parking lots shall be designated as electric vehicle parking spaces
by the Town. The Town Board shall establish and may amend the fees,
limitations of time and occupancy for the use of the electric vehicle
parking spaces and electric vehicle charging stations - public use
by Town Board resolution. Notwithstanding anything to the contrary
contained within this article regarding parking meters, fees shall
be based upon kilowatt-hours per charge, plus an applicable surcharge,
in addition to a fee for the use of the parking space as determined
by the Town Board.
When a parking space in a parking meter zone is parallel with
the adjacent curb or sidewalk, any vehicle parked in such parking
space shall be parked with the foremost part of such vehicle nearest
to such meter.
When a vehicle shall be parked in any space adjacent to which
a parking meter is located, in accordance with the provisions of this
chapter, the operator of said vehicle shall, upon entering the parking
space, immediately deposit or cause to be deposited the required United
States coins and/or meter time-card in such parking meter, and put
such meter in operation, and failure to deposit such coin or coins
or meter time-card and put the meter in operation shall constitute
a breach of this article and shall subject such person to the penalty
prescribed in § 26-15 hereof. Upon the deposit of such coin,
or coins, or meter time-card, and placing said meter in operation,
the parking space may be lawfully occupied by such vehicle during
the period of parking time which has been prescribed for the part
of the street in which said parking space is located. If said vehicle
shall remain parked in any such parking space beyond the parking time
limit fixed for such space, the meter shall by its dial and pointer
indicate such illegal parking, and, in that event, such vehicle shall
be considered as parked overtime and beyond the period of legal parking
time, and the parking of a vehicle overtime or beyond the period of
legal parking time in any such part of a street where any such meter
is located shall be a violation of this article punishable as hereinafter
set forth.
It shall be unlawful and a violation of the provisions of this
article for any person to cause, allow, permit or suffer any vehicle
registered in the name of or operated by such person to be parked
overtime or beyond the period of legal parking time established for
any parking meter zone as herein described, as designated for all
particular parking zones.
It shall be unlawful and a violation of the provisions of this
article for any person to permit any vehicle to remain or be placed
in any parking space adjacent to any parking meter while said meter
is displaying a signal indicating that the vehicle occupying such
parking space has already been parked beyond the period of time prescribed
for such parking space.
It shall be the duty of each 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 parked overtime,
as defined in this chapter, and the state vehicle tag number of such
vehicle and report the same to the Police Department and make complaint
for any violation in the Justice Court of said Town.
It shall be unlawful and an offense to deposit or cause to be
deposited in any parking meter any slug, device or substitute for
any coin of the United States.
It shall be unlawful and an offense for any unauthorized person
to deface, injure, tamper with, open or willfully break, destroy or
impair the usefulness of any parking meter installed under the provisions
of this article or under any ordinance of the Town of Orangetown.
The money required to be deposited as provided herein shall
be deposited to the Town's Pearl River Parking Fund to cover the cost
of supervision, installation, operation, maintenance, pavement markings,
pavement maintenance, trash removal and landscaping, of parking meters
and municipal lots in Pearl River, and the enforcement of the provisions
of this chapter.
The following described parts of streets in the Town of Orangetown
are hereby established as parking meter zones.
A.
Both sides of East Central Avenue from the intersection of John Street
to New York State Route 304.
B.
Both sides of North and South Main Street from the intersection of
North Main Street and East Washington Avenue south to the southernmost
end of the properties located at 41 South Main Street (on the west
side of Main) and 70 South Main Street (on the east side of Main).
C.
Both sides of William Street from the intersection of William Street
and East Washington Avenue south to the intersection of William Street
and Franklin Avenue.
D.
Both sides of Franklin Avenue from South Main Street to William Street.
E.
The island north of the United States Post Office property.
F.
South Railroad Avenue from West Central Avenue south to the United
States Post Office property.
G.
Such other parking meter zones as may be hereafter created by ordinances
of the Town of Orangetown.
Any ordinance heretofore adopted by the Town of Orangetown inconsistent
with any of the terms and provisions of this article is hereby repealed;
provided, however, that such repeal shall be only to the extent of
such inconsistency, and in all respects this article shall be cumulative
of other ordinances heretofore or hereafter adopted by the Town Board
regulating and governing the subject matter covered by this article.
A.
For all on-street meter violations, a registered owner of a vehicle
who incurs a first violation within a one-year period shall be assessed
a fine of $12; a registered owner of a vehicle who incurs a second
violation within a one-year period shall be assessed a fine of $15;
and a registered owner of a vehicle who incurs a third, or more, violation
within a one-year period shall be assessed a fine of $25 per violation.
However, for each registered owner of a vehicle ticketed for an on-street
meter violation, he/she must complete one full year without being
convicted of an on-street parking meter violation before his/her fine
status shall revert to "first violation within a one-year period"
status. [By way of example, if a registered owner of a vehicle incurs
a non-street meter violation on March 1, 2006, his fine shall be $12;
if he incurs a second violation on November 1, 2006, his fine shall
be $15; if he incurs a third violation on October 1, 2007, his fine
shall be $25; if he incurs a fourth violation on September 1, 2008,
his fine shall remain $25; if he incurs a fifth violation on December
1, 2009 (more than one year after the most recent fine), the fine
shall revert to $12.] For convenience, the aforesaid fine schedule
is set forth in Table I below:
|
TABLE 1
| |
|---|---|
|
For all on-street meter violations, the following fine schedule
is applicable to the registered owner of the vehicle:
| |
|
No. of Lot Meter Violations Per Year
|
Fine per Violation
|
|
One
|
$12
|
|
Two
|
$15
|
|
Three or more
|
$25
|
|
Fines revert to the beginning of the schedule ONLY after one
full year with no violations.
| |
B.
A violation of any provision of this article shall constitute an
offense against the Parking Meter Ordinance of the Town of Orangetown.
C.
Removal of illegally parked vehicles. Except as otherwise authorized
by valid permit issued pursuant to this artcle, in the event that
any automobile, motorcycle or other vehicle has been left illegally
parked in any metered or other parking space in violation of the provisions
of this article, for a period in excess of five continuous hours,
or if the vehicle is parked between the hours of 4:00 a.m. and 7:00
a.m. in violation of posted restrictions, or if the vehicle has five
or more unpaid parking violations against it, then the vehicle shall
be and is hereby declared to be a public nuisance. In any case where
a vehicle is declared a public nuisance, the Town may have such vehicle
removed from that metered or other parking space at the expense of
the registered owner thereof and tow such vehicle to a designated
lot or yard, or the Town may have a boot attached to the vehicle's
wheel(s). Any vehicle that has been removed from a metered or other
parking space pursuant to this section shall be released to the registered
owner thereof upon payment by the registered owner of the fines and
other costs and expenses levied against such vehicle, including towing
and storage costs.
D.
In addition to any other penalties set forth in this article, vehicles
parked in an electric vehicle parking space in violation of this section
or as posted with signage installed in accordance with the fees, limitations
of time and occupancy established in accordance with this section
may be towed. Any costs associated with towing and storage of a vehicle
that is towed pursuant to this section shall be at the vehicle owner's
expense.
