[HISTORY: Adopted by the Board of Trustees of the Village
of Wesley Hills 2-14-1984 by L.L. No. 1-1984. Amendments noted where
applicable.]
This chapter shall be known as the "Vehicle and Traffic Local
Law of the Village of Wesley Hills."
A.
It is the aim of the Board of Trustees of the Village of Wesley Hills
to promote the public health, welfare and safety of its residents
by:
(1)
Regulating the use and operation of motor vehicles upon the streets,
highways, and places accessible to the public in the Village of Wesley
Hills.
(2)
Regulating the construction, reconstruction, management and maintenance
of open areas, avenues of access or parking spaces for motor vehicles
in the foregoing or similar uses and activities.
(3)
Designating fire lanes or zones in shopping centers.
(4)
Providing for the removal and disposition of unattended, illegally
parked or standing, and abandoned motor vehicles in fire lanes or
other public places or zones duly marked restricted or on any public
road or public area during periods of public emergency declared by
the Mayor or Board of Trustees of the Village of Wesley Hills in the
interest of public safety or at any time where the same impedes or
interferes with snow removal or safe motor vehicle traffic.
B.
This chapter shall not apply to individual residential lots.
A.
All words, terms and phrases, when used in this chapter, shall, for
the purposes of this chapter, be defined as set forth in the Vehicle
and Traffic Law of the State of New York, and if no specific definition
is set forth therein, all words shall have their usual meanings in
the English language.
B.
LAW ENFORCEMENT OFFICER
MOTOR HOME
PICKUP COACH
RECREATION VEHICLE
TRAVEL TRAILER
Terms defined. As used in this chapter, the following terms shall
have the meanings indicated:
Includes the Code Inspector of the Village of Wesley Hills
and each Code Enforcement Officer 1 of the Town of Ramapo.
[Amended 12-11-2001 by L.L. No. 4-2001]
A portable temporary abode designed to be used for travel,
recreation, or vacation, constructed as an integral part of a self-propelled
vehicle, and measuring at least 227 inches in length, 85 inches in
height, and 80 inches in width.
[Added 8-12-1986 by L.L. No. 4-1986]
A device designed to be mounted on a truck chassis for occupancy
as a temporary abode for travel, recreation, or vacation.
[Added 8-12-1986 by L.L. No. 4-1986]
Any motor home, pickup coach, or travel trailer, as defined
herein.
[Added 8-12-1986 by L.L. No. 4-1986]
A vehicular, portable device, built on a chassis, designed
to be used primarily as a temporary abode for travel, recreation,
or vacation use, having a body width not exceeding 8 feet and a body
length not exceeding 32 feet.
[Added 8-12-1986 by L.L. No. 4-1986]
No person shall operate a motor vehicle upon any public highway
or other area open to motor vehicle traffic within the Village of
Wesley Hills at a rate of speed in excess of that duly posted or,
if not posted, in excess of 30 miles per hour. This section shall
not apply to ambulances, fire vehicles or police vehicles responding
to an emergency or to vehicles operated by an officer or employee
of the Village of Wesley Hills when in response to an emergency declared
by the Mayor or Board of Trustees of the Village of Wesley Hills,
nor shall this section apply to state highways maintained by the State
of New York.
No street or highway within the Village of Wesley Hills, other
than state or county highways, may be used for travel or operation
by trucks, tractors, or tractor-trailer combinations having a total
gross weight in excess of 10,000 pounds. Notwithstanding the foregoing,
this section shall not be construed to prevent the operation of such
vehicles on streets or highways within the Village of Wesley Hills
when such vehicles are in transit to or from a destination within
the Village.
[Added 8-16-1988 by L.L. No. 4-1988]
A.
All commercial buses for hire, and other coach-type buses for the
carrying of passengers for hire, are excluded from the use for travel
or operation of all streets and highways within the Village of Wesley
Hills, except for the following streets and highways:
B.
The following vehicles are specifically exempt from the application
of this section:
(1)
Buses exclusively carrying children for school, educational or recreational
purposes, provided that such buses use the excluded streets and highways
only for the purpose of picking up or discharging children at their
respective homes.
(2)
The following buses operated by the County of Rockland: Transportation
Resources Intra-County for Physically Handicapped and Senior Citizens
(TRIPS) and Transport of Rockland (TOR) buses.
A.
Authority to regulate and control traffic in shopping centers. The
Board of Trustees of the Village of Wesley Hills finds that the assembly
of increasing numbers of persons and motor vehicles at shopping centers
and other large commercial and public areas affects the safety of
its citizens, and that the health, welfare and safety of the community
will be promoted by the promulgation of regulations with respect to
use of motor vehicles in such public areas. Accordingly, and pursuant
to the authority granted under § 1640-a of the Vehicle and
Traffic Law of the State of New York, the Board of Trustees of the
Village of Wesley Hills is hereby empowered to perform the following
functions:
(1)
Order stop signs, yield signs or flashing signals erected at specific
entrance locations to a parking area, or designate any intersection
in the parking area as a stop intersection or as a yield intersection,
and order like signs or signals at one or more entrances to such intersection
and designate and mark any separate roadway in the parking area for
one-way traffic and cause removal of other obstructions and safety
hazards in or on such premises and install or cause to be installed
pavement markings, curbings, barriers or other channelization devices
or traffic control devices and facilities at the expense of the owner
of the premises and have the cost of same assessed against the owner
of record of said premises, said cost to be levied by the office of
the Assessor and collected in the manner of any other tax or assessment
imposed upon or levied against the premises.
(2)
Regulate movement of traffic and standing of motor vehicles to prevent
obstruction in the parking area, including regulation by means of
traffic control signals.
(3)
Establish maximum speed limits in the parking area of not less than
15 miles per hour.
(4)
Prohibit or regulate the turning of any vehicles at intersections
or other designated locations in the parking area.
(5)
Regulate the crossing of any roadway in the parking area by pedestrians.
(6)
Prohibit, regulate, restrict or limit the stopping, standing or parking
of vehicles in specified areas of the parking area.
B.
Illegally parked, standing, or abandoned vehicles. In addition to
the foregoing, the Code Inspector of the Village of Wesley Hills is
hereby authorized and directed to cause to be removed, stored and,
after due notice as hereinafter provided, sold or otherwise disposed
of:
C.
The owner or operator of any such vehicle shall pay the reasonable
charges for the removal and storage of any motor vehicle removed or
stored under the foregoing provisions.
D.
Establishment and marking of fire zones. The Board of Trustees of the Village of Wesley Hills 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 in all shopping centers. Thereupon, the Board of Trustees of the Village of Wesley Hills shall cause to be erected or installed adequate signs, markings and other devices to delineate said fire lanes. Signs, markings and other devices erected or installed on such privately owned premises shall be at the cost of the owner and may be billed for and collected in the same manner as set forth in Subsection A(1) hereinabove.
A.
Fire zones and no-parking areas.
(1)
No motor vehicle shall be permitted to stand, be parked or remain
unattended in an established fire zone.
(2)
No motor vehicle shall be permitted to stand, be parked, or remain
unattended in an area designated as a no-parking area, except when
actually loading or unloading passengers, materials, or goods.
(3)
No vehicle shall be parked in front of, or in such manner as to block
or partially block access to, any private driveway or in front of
or within 10 feet, measured along the curb, of the entrance to any
church or other public building, except for such reasonable time as
may be necessary for taking on or discharging passengers or merchandise.[1]
(4)
Whenever any motor vehicle is found parked or standing in violation
of this chapter, the law enforcement officer shall take its registration
number, vehicle identification number, description, and any other
information and shall conspicuously affix to such vehicle an appearance
ticket to answer the charge of violation of this section by placing
such appearance ticket under the windshield wiper blade of such vehicle.
(5)
If there be no response in the Justice Court to the appearance ticket
issued, the Court shall issue a summons to the owner of the motor
vehicle to which the appearance ticket was affixed and direct that
the same be served upon said owner. In any prosecution charging a
violation of this section, proof that the vehicle was standing or
parked in violation of this section, together with proof that the
defendant named in the summons issued by the Court was at the time
of the violation the registered owner thereof, shall constitute a
presumption that the registered owner of such vehicle was the person
who parked or placed the vehicle at the point where and for the time
during such violation occurred.
B.
Other areas and time limitations. The Board of Trustees of the Village
of Wesley Hills may declare certain areas, streets, roads and highways
in the Village restricted to parking of motor vehicles and may designate
the length of time for lawful parking in said areas and shall cause
to be erected and installed appropriate signs or markers, except that,
during the winter season and during periods of snow removal, the Board
of Trustees may further restrict such streets and highways as may
be necessary in the interest of public safety and shall give such
notice thereof as may be practicable in the circumstances. All such
restricted parking areas in existence on the effective date of this
chapter shall be deemed to have been designated by the Board of Trustees
under authority of this chapter.
A.
Use of permit.
(1)
Any vehicle bearing a handicapped parking permit issued pursuant
to § 1203-a of the Vehicle and Traffic Law of the State
of New York is authorized to park in any area in the Village of Wesley
Hills designated for parking for the handicapped.
(2)
The Village Clerk shall keep a list of designated parking areas in
the Village of Wesley Hills, a copy of which can be obtained at the
Village Clerk's office.
B.
The Planning Board of the Village of Wesley Hills is hereinafter
empowered to require the inclusion of spaces for handicapped parking
in any site plan for the construction of office, commercial or industrial
uses in the Village of Wesley Hills.
C.
Any person to whom a permit has not been issued and who shall use
a permit issued pursuant to this chapter for any purpose other than
parking a motor vehicle while transporting a physically handicapped
person shall be guilty of a traffic infraction within the meaning
of § 1800 of the Vehicle and Traffic Law.
D.
A vehicle bearing such parking permit for the handicapped shall be
deemed in violation of the applicable rules and regulations governing
parking in the Village of Wesley Hills when such vehicle shall be
parked in a bus stop, a taxi stand, within 15 feet of a fire hydrant,
a fire zone, a fire lane, a firehouse, a driveway, or a crosswalk,
or is double parked.
E.
Enforcement.
(1)
Whenever any motor vehicle which does not bear a parking permit for
the handicapped is found parked in an area designated for handicapped
parking, the law enforcement officer shall take its registration number,
vehicle identification number, description, and any other information
and shall conspicuously affix to such vehicle an appearance ticket
to answer the charge of violation of this section by placing same
under the windshield wiper blade of such vehicle.
F.
In any prosecution charging a violation of this section, proof that
the vehicle was parked in violation of this section, together with
proof that the defendant named in the summons issued by the Court
was at the time of the violation the registered owner thereof, shall
constitute a presumption that the registered owner of such vehicle
was the person who parked or placed the vehicle at the point where
and for the time during which such violation occurred or who gave
his or her consent to the person who parked or placed the vehicle
at the point where and for the time during which such violation occurred.
A.
Any motor vehicle found parked in violation of the provisions of
this chapter may, upon the direction of a police officer or other
officer charged with enforcement of this chapter, be towed to any
public or private parking facility, and the expense of such towing
and subsequent storage shall be borne by the registered owner of such
vehicle.
B.
No motor vehicle shall remain or stand unattended in any unrestricted
public place or parking lot unless the engine is stopped, the ignition
is shut off and the ignition key is removed from the vehicle, and,
when standing upon any grade, the front wheels shall be turned to
the curb or side of the highway or otherwise secured as required in
the circumstances.
C.
Whenever any police officer or other officer charged with enforcement of this chapter shall find a motor vehicle standing unattended with the ignition key in the vehicle, in violation of this section, such officer is authorized to remove such key from such vehicle and to deliver such key to the police officer in charge of the Town of Ramapo police headquarters, and said vehicle may be dealt with or disposed of as set forth in § 210-13 herein or otherwise as may seem indicated in the circumstances.[1]
A.
The following acts are hereby prohibited:
(1)
The parking of unlicensed automobiles upon any part of the public
street.
(2)
Night parking, which is hereby defined as parking of any vehicle
on any street at any time between the hours of 2:00 a.m. and 6:00
a.m. This prohibition shall be in addition to any other prohibition
elsewhere imposed herein on motor vehicles.
[Amended 3-11-2003 by L.L. No. 2-2003; 10-3-2017 by L.L. No. 3-2017]
(3)
Abandoning any vehicle within the Village, or leaving any vehicle
at any place within the Village for such time and under such circumstances
as to give a reasonable appearance of abandonment.
(4)
Leaving any partially dismantled, nonoperating, wrecked or junked
vehicle on any street or highway within the Village.
(5)
Parking or standing of vehicles in a restricted area or areas at
the time of hazard or emergency.
(6)
All-night parking of commercial vehicles, which is hereby defined as continuous parking of commercial vehicles between the hours of 2:00 a.m. and 6:00 a.m., inclusive, in any one-family residence zoning district as specified in Chapter 230, Zoning, of the Code of the Village of Wesley Hills. This prohibition shall be in addition to any other prohibition elsewhere imposed herein on such vehicles.
[Added 4-9-1985 by L.L. No. 1-1985]
(7)
All-night parking of recreation vehicles, which is hereby defined as continuous parking of recreation vehicles between the hours of 2:00 a.m. and 6:00 a.m., inclusive, in any one-family residence zoning district as specified in Chapter 230, Zoning, of the Code of the Village of Wesley Hills. This prohibition shall be in addition to any other prohibition elsewhere imposed herein on such vehicles.
[Added 8-12-1986 by L.L. No. 4-1986]
(8)
Parking of any vehicle on a sidewalk within the Village.
[Added 4-11-2000 by L.L. No. 1-2000]
(9)
No commercial vehicles shall be permitted on Willow Tree Road between
Route 306 and Grandview Avenue and on East Willow Tree Road between
McNamara Road and Route 306 except for the sole purpose of making
a delivery to a parcel of property located on said Willow Tree Road
and/or East Willow Tree Road.
[Added 10-2-2019 by L.L.
No. 3-2019]
B.
Exceptions. This chapter shall not apply to any vehicle:
(1)
In an enclosed building;
(2)
Operated in a lawful place and manner on the premises of a business
enterprise when necessary to the operation of such business enterprise;
(3)
In an appropriate storage place or depository maintained by the Village
or any private person performing a similar function as herein provided
for; or
[Added 3-11-2003 by L.L. No. 2-2003]
The Village Clerk shall be authorized to issue a written permit
for all-night parking, upon application therefor in writing, in accordance
with the following standards and subject to the following conditions:
A.
No permit for all-night parking may be issued during the period from
November 1 to April 1, inclusive.
[Added 4-21-2009 by L.L. No. 2-2009]
B.
The application shall provide an explanation of the need for such
permit, including, without limitation:
(1)
Temporary construction activities that prevent the use of the driveway
on the lot where the vehicle otherwise would have been parked.
(2)
The need, on a temporary basis, to park a larger number of vehicles
overnight than the capacity of the garage and driveway on a lot.
(3)
Any other reasonable explanation that demonstrates that, for a temporary
period of time, it would be impractical or impossible to park all
vehicles associated with the use of a lot overnight on the lot.
C.
Such permit shall specify the license plate number of the vehicle
that is authorized thereby to park all night on a street and the address
of the lot to which it relates.
D.
Such permit shall be displayed so that it is visible through the
windshield of the vehicle.
E.
The duration of such permit shall not exceed one week. The permit
may be renewed for a maximum period of one additional week, if a reasonable
need for such renewal is demonstrated in writing.
F.
Notwithstanding the issuance of such permit, such permit shall not
be deemed to authorize all-night parking whenever such parking shall
impede or interfere with snow removal.
A.
The Mayor or Code Inspector of the Village of Wesley Hills is hereby
authorized to impound any vehicle left at any place within the Village
under circumstances which reasonably indicate that such vehicle is
in violation of this chapter or lost, stolen or unclaimed or where
it constitutes an obstruction to traffic or is a hazard during a storm,
flood, fire or other public emergency duly declared by the Mayor or
Board of Trustees.
B.
The owner of any property within the Village of Wesley Hills upon which a vehicle has been abandoned may make a written request to the Village that such vehicle be impounded. In such event, the Mayor may direct that such vehicle be impounded, and the expense of removal and storage of such vehicle shall be paid by such property owner. Any funds received by the Village pursuant to Subsection F hereinbelow upon the reclamation or disposition of such vehicle shall be credited to such property owner to the extent of all removal and storage charges actually paid by such property owner, and any such funds in excess of the amount so paid by such property owner shall belong to the Village and shall be deposited to the credit of the general fund.
C.
Any vehicle impounded pursuant to this chapter shall be stored in such suitable public or private place as shall be authorized by the Mayor, until disposition pursuant to Subsection F hereinbelow.
D.
The Mayor shall, without delay, report the removal and the disposition of any vehicle removed as provided in this chapter to the Village Clerk, who shall ascertain to the extent possible the owner of the vehicle or person having same in charge and shall notify such person of the impounding, removal and disposition of such vehicle and of the amount which will be required to redeem same, and that such vehicle must be reclaimed within 30 days after impounding, and that if such vehicle has not been reclaimed within such time, it shall be conclusively presumed to be abandoned and shall be disposed of in the manner provided in Subsection F hereinbelow.
E.
In addition, if a vehicle is removed from private property listed on the tax rolls of the Village, other than at the request of the owner of such property pursuant to Subsection B hereinabove, the Village Clerk shall, within 10 days after impounding, notify the owner of such property, by registered letter at the last address shown on the tax rolls, of the impounding, removal and disposition of such vehicle and of the amount which will be required to redeem same, that such vehicle must be reclaimed within 30 days after impounding, and that if such vehicle has not been reclaimed within such time, it shall be conclusively presumed to be abandoned and shall be disposed of in the manner provided in Subsection F hereinbelow.
F.
Any vehicle impounded pursuant to this chapter may be reclaimed by the owner thereof upon payment to the Village of a mandatory towing charge as set by the Board of Trustees by resolution from time to time and a storage charge not to exceed the prevailing rates customarily charged for such storage. If the vehicle is not reclaimed within 30 days after impounding, the vehicle shall be conclusively presumed to be abandoned, and the Village shall dispose of the vehicle impounded, by public sale or otherwise, and deposit such funds received, if any, to the credit of the general fund, except to the extent of any funds to be paid to a property owner pursuant to Subsection B hereinabove.
[Added 12-2-2014 by L.L.
No. 5-2014]
This chapter is not in limitation of any other law, rule, regulation
or order which may affect any premises subject to this chapter or
any penalty, fine or liability thereunder but is in addition thereto.
Any inconsistent local law, regulation, order or certificate or part
thereof in conflict with this chapter is hereby repealed insofar as
it may affect the enforcement of this chapter.
[Amended 8-16-1988 by L.L. No. 4-1988]
A.
Any other provision notwithstanding, any law enforcement officer
or officer charged with enforcement of this chapter is hereby authorized
and empowered to issue or cause to be issued a summons returnable
in the Justice Court of the Village of Wesley Hills, or any other
court of competent jurisdiction, for operation of any motor vehicle
in violation of the traffic and safety provisions of this chapter,
and, likewise, the Code Inspector hereby is authorized and empowered
to issue such summons for any violation involving the operation, maintenance
and control of any premises.
B.
Penalties.
(1)
Any violation of §§ 210-5, 210-6 and 210-11A(9) of this chapter shall be deemed an offense punishable as follows:
[Added 10-2-2019 by L.L.
No. 3-2019]
(a)
For a first conviction thereof, by a fine of not less than $100
nor more than $500 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
(b)
For a second such conviction within 18 months thereafter, by
a fine of not less than $500 nor more than $1,000 or by imprisonment
for not more than one month, or by both such fine and imprisonment.
(c)
Upon a third or subsequent conviction within 18 months after
the first conviction, by a fine of not less than $1,000 nor more than
$2,000 or by imprisonment for not more than two months, or by both
such fine and imprisonment.
(2)
Any violation of § 210-8 of this chapter shall be deemed an offense punishable by a fine of not less than $25 nor more than $100 or imprisonment for a period not to exceed two months, or by both such fine and imprisonment.
(3)
Any violation of any provision of § 210-9 of this chapter which is not a violation of any provision of the Vehicle and Traffic Law of the State of New York shall be deemed an offense punishable as follows:
(a)
For a first conviction thereof, by a fine of not less than $50
nor more than $250 or by imprisonment for not more than 15 days, or
by both such fine and imprisonment.
(b)
For a second such conviction within 18 months thereafter, by
a fine of not less than $100 nor more than $500 or by imprisonment
for not more than 45 days, or by both such fine and imprisonment.
(c)
Upon a third or subsequent conviction within 18 months after
the first conviction, by a fine of not less than $500 nor more than
$750 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
(4)
Parking restrictions.
[Added 10-10-2001 by L.L. No. 3-2001]
(a)
For illegal parking in an established fire zone: a fine of $75;
(b)
For illegal parking in a designated no-parking area: a fine
of $50;
(c)
For illegal parking in a designated handicapped parking area:
a fine of $75, plus the surcharge mandated by the Vehicle and Traffic
Law of the State of New York;
(d)
For illegal all-night parking, a fine of not less than $30;
[Amended 12-3-2019 by L.L. No. 4-2019]
(e)
For any violation of any other provision of said chapter: a
fine not to exceed $100; and
(f)
For any fine imposed which remains unpaid one month after the
imposition thereof, an additional late payment penalty of $5 per month,
or fraction thereof, up to a maximum late payment penalty of $50.
(5)
Any violation of any other provision of this chapter shall be deemed
an offense punishable by a fine of not less than $30 and not to exceed
$100 or imprisonment for a period not to exceed two months, or by
both such fine and imprisonment.
[Amended 4-21-2009 by L.L. No. 2-2009]
C.
In the case of continuing violation of this chapter, each day that
such violation exists shall constitute a separate and distinct offense.
