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Town of Ulysses, NY
Tompkins County
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[HISTORY: Adopted by the Town Board of the Town of Ulysses as indicated in article histories. Amendments noted where applicable.]
[Adopted 8-28-2018 by L.L. No. 5-2018[1]]
[1]
Editor's Note: This local law also repealed former Art. I, Parking, adopted 7-25-2008 by L.L. No. 2-2008.
A. 
Article 41 of the Vehicle and Traffic Law authorizes the Town to regulate traffic on town highways outside any village within the Town. Section 1660-a specifically authorizes towns to prohibit, restrict or limit the stopping, standing or parking of vehicles.
B. 
There are locations in the Town where parking of vehicles can endanger the health, safety and welfare of residents of the Town and operators of motor vehicles.
C. 
In emergency situations, it is necessary that the Town have the ability to remove vehicles that hinder or impair the ability of the personnel of the Town of Ulysses or any other governmental agency to respond to the emergency.
D. 
The provisions of this article protect and promote the health, safety and welfare of the Town and its residents, and of the operators of motor vehicles in the Town.
A. 
The parking of motor vehicles or any part thereof on the paved portion of Town highways, or upon the shoulder or upon or in any ditch adjoining said highways, is prohibited in all of the following locations:
(1) 
On both sides of Rabbit Run Road, 100 feet west from New York State Route 96.
(2) 
Fifty feet on both sides of the driveways of properties at 4487 and 4285 Rabbit Run Road on the south side of Rabbit Run Road only.
(3) 
From the fairground entrance (parcel number 12-3-17) on the north side of Rabbit Run Road west to the end of property at 4580 Rabbit Run Road.
(4) 
In front of properties between 4155 and 4093 Rabbit Run Road on the south side of the road.
B. 
On Town highways where parking is not prohibited by this article, all vehicles shall be parked completely off the paved area of the highway, or if there is a painted line indicating the shoulder of the road, outside the painted line. Failure to comply shall constitute violation of this article.
When special events or other temporary circumstances result in potential traffic hazards and other conditions that are detrimental to the health, safety and welfare of Town residents, the Town Board may temporarily prohibit parking of motor vehicles or any part thereof on the paved portion of Town highways, or upon the shoulder, or upon or in any ditch adjoining said highways, for a period of up to 30 days, by adopting a resolution to this effect, which resolution shall direct the Highway Superintendent to post signs prohibiting parking on, or along, such Town highway during the period stated in the resolution. Violation of this section shall be subject to all the same penalties as violation of other sections of this article.
A. 
Ticketing and removal of vehicles for violations of this article when there is no emergency.
(1) 
Except in emergencies as defined in § 186-4B below, upon violation of this article, a Sheriff's Deputy or other representative of the Sheriff's Department shall issue a ticket for violation of this article on the Sheriff's Department's own initiative or upon request of a person or entity.
(2) 
Removal of vehicles.
(a) 
A vehicle may only be removed by the Town of Ulysses where:
[1] 
A violation of this article constitutes a significant danger to the safe use of a Town highway or an obstruction to traffic which impedes the safe use of a Town highway; or
[2] 
In the event that the same vehicle accrues three or more violations of this article in the twenty-four-month period preceding the violation.
(b) 
The removal shall be performed in the following manner: The Tompkins County Sheriff's Department shall issue a ticket for violation of this article and remove the vehicle or arrange for its removal.
B. 
Ticketing and removal of vehicles during an emergency. Any vehicle parked or abandoned on any highway within the Town of Ulysses that hinders or impairs the ability of the personnel of the Town of Ulysses, or any other governmental agency, to respond during emergencies such as floods, fires, significant snowstorms, or public emergencies declared by the Tompkins County Sheriff's Department, another department or agency of Tompkins County, or the Town Supervisor may be removed by the Town of Ulysses. Such removal shall be authorized by the Highway Superintendent. The Highway Superintendent shall either notify the Tompkins County Sheriff's Department and request that it issue a ticket for violation of this article and remove or arrange for removal of the vehicle, or if there is insufficient time to follow this procedure in an emergency, the Highway Superintendent shall arrange for a towing service to remove the vehicle or authorize a Highway Department employee to remove the vehicle. If the Highway Superintendent arranges for the removal of the vehicle, either by a towing service or by the Highway Department, the Highway Superintendent shall promptly notify the Tompkins County Sheriff's Department of the removal of the vehicle, where it is stored, and request that the Sheriff's Department issue a ticket for violation of this article.
Any violation of §§ 186-2, 186-3 and 186-4 of this article shall constitute a traffic infraction and any persons violating the same shall be deemed guilty of a traffic infraction and shall be punishable by a fine of not more than $50 for one infraction within the preceding twelve-month period; $100 for two infractions within the preceding twelve-month period; and $150 for three or more infractions within the preceding twelve-month period.
The owner of any vehicle removed as set forth in this article shall pay the cost of removal and storage of the vehicle.
In emergency instances where the Town arranged or performed the removal of the vehicle rather than under the direction of the Tompkins County Sheriff's Department, it shall also ascertain, to the extent reasonably possible, the owner of the vehicle or person in charge of the vehicle and make reasonable efforts to notify that person of the removal and disposition of the vehicle and the amount required to redeem the vehicle.
The owner, or the person in charge of a vehicle that has been removed pursuant to this article may request a hearing to challenge the assessment of any expense imposed pursuant to § 186-6. The request for a hearing shall be in writing and shall be filed with the Town Clerk within 15 days of the removal of the vehicle. The hearing shall be held within 10 days after the request has been filed. The hearing shall be conducted by the Town Supervisor or any other impartial person designated by the Town Supervisor. The scope of the hearing shall be solely to determine whether the removal of the vehicle was authorized by this article. The sole effect of a determination that the removal of the vehicle was not authorized by this article shall be that the owner or person in charge of the vehicle shall not be responsible for the expenses of towing and storage of the vehicle. Nothing in this article is intended to affect the liability of the Town of Ulysses for any damage done to any vehicle during towing or storage.