Unless otherwise provided herein, the definitions set forth
in Title 1, Article 1 of the New York State Vehicle and Traffic Law
shall control the interpretation of this article.
Includes every individual who shall operate a vehicle as
the owner thereof, or as the agent, employee or permittee of the owner,
or who is in actual control of the vehicle.
The standing of a vehicle, whether occupied or not, upon
a street or in a parking field, except for a reason or cause beyond
the control of the operator of the vehicle.
A parking field owned by or under the direct supervision
and control of the Incorporated Village of Malverne.
Any mechanical device or meter not inconsistent with this
chapter, placed or erected for the purpose of regulating parking by
authority of this chapter.
Any space within a parking-meter zone adjacent to a parking
meter, which is duly designated for the parking of a single vehicle
by lines painted or otherwise durably marked upon the curb or surface
of the street or parking field adjacent to or adjoining a parking
meter.
Any and all streets or portions thereof or parking fields
or portions thereof set aside under the provisions of this article
for the installation of parking meters and upon which parking meters
have been installed and are in operation.
Includes any individual, copartnership, association or corporation.
Any public street, highway, road, avenue, boulevard, lane,
path, court or other public way in the Incorporated Village of Malverne.
The Traffic Commission of the Incorporated Village of Malverne.
The Traffic Commission is hereby authorized to designate, from
time to time, as parking meter zones, any areas, streets or portions
of streets or parking fields, or any portion or portions of any parking
field situate, lying and being within the Incorporated Village of
Malverne, that it may deem necessary, and may from time to time make
changes in such zones.
The Traffic Commission is hereby directed to fix the number of parking meter spaces, and the minimum dimensions of each parking meter zone designated by the Traffic Commission pursuant to § 44-44. The Superintendent of Public Works is hereby directed and authorized to mark off and designate each such parking meter space by lines painted or otherwise durably marked upon the curbing or surface of the street or parking field. All parking meter spaces shall be so marked that vehicles will be required to park parallel to the curb or edge of the pavement, unless otherwise provided by resolution of the Traffic Commission and properly indicated by signs or markings conspicuously located.
A.
The Superintendent of Public Works shall install parking meters in the parking meter zones designated under § 44-44, upon the curb, sidewalk or other surface immediately adjacent to each parking space and not more than two feet therefrom. The Chief of Police shall be responsible for the regulation, control, maintenance and use of such parking meters.
B.
Parking meters may be of the type that are set in operation automatically
upon the deposit therein of a coin or coins of United States currency,
or of the type that are set in operation manually after the deposit
of such coin or coins.
C.
Each parking meter shall be so designed, constructed, installed and
set that, upon the expiration of the time period registered by the
deposit of one or more coins as provided herein, it will indicate
by an appropriate signal that the lawful parking meter period has
expired, and during said period of time and prior to the expiration
thereof will indicate the interval of time which remains of such period.
D.
Each parking meter shall bear thereon a legend indicating the days
and hours when the requirement to deposit coins therein shall apply,
the value of the coins to be deposited and the limited period of time
for which parking is lawfully permitted in the parking meter zone
in which such meter is located.
A.
The Traffic Commission is hereby authorized to fix from time to time
the hours during which a parking meter must be set in operation as
a condition of the lawful use of a parking meter space. The operation
of parking meters within the hours so fixed by the Traffic Commission
shall be required each day except Sunday and the following legal holidays:
Note: Parking meters will be enforced on Francis Street on Sunday.
B.
Except in a period of emergency, as lawfully determined by an officer
of the Fire or Police Department, or in compliance with the directions
of a police officer or traffic-control sign or signal, when any vehicle
shall be parked in any parking meter space, the operator of such vehicle
shall, upon entering the parking meter space, immediately deposit
or cause to be deposited in the parking meter controlling said parking
meter space such proper coin or coins in lawful money of the United
States of America as are required for such parking meter for the period
of time up to the lawful limit that said operator desires to park
in said parking meter space, in accordance with the instructions on
said meter; and, when required by the directions on said meter, the
operator of such vehicle, after the deposit of the proper coin or
coins, shall also set in operation the timing mechanism on such meter
in accordance with the directions properly appearing on said meter;
and failure to deposit such proper coin or coins and/or to set the
timing mechanism when required shall constitute a violation of this
article.
C.
No person shall permit a vehicle within his control to be parked
in any such parking meter space during the restricted and regulated
time applicable to the parking meter zone in which such meter is located,
until the parking meter for such space has been set in operation,
nor while such parking meter indicates by signal that the lawful parking
time in such space has expired. This provision shall not apply to
the act of parking nor to the necessary time which is required to
deposit immediately thereafter a coin or coins in such meter.
D.
No person shall park a vehicle in any parking meter space for a continuous period of time longer than that limited period of time for which continuous parking is lawfully permitted in the parking meter zone in which parking meter is located, irrespective of the number or amounts of coins deposited in the meter controlling such parking meter space. In the event of a violation of the prohibition contained in this Subsection D, a separate and distinct violation of this article shall result upon the expiration of each sixty-minute period of such unlawful parking, computed from the time of the first violation. For the purpose of this Subsection D, the time of the first violation shall be the time endorsed on the tag or the summons issued upon such first violation.
E.
No person shall park a vehicle in any such designated parking meter
space during the restricted and regulated time applicable to the parking
meter zone in which such meter is located so that any part of such
vehicle occupies more than one such space or protrudes beyond the
marking designating such space, except that a vehicle which is of
a size too large to be parked within a single designated meter space
shall be permitted to occupy two adjoining parking meter spaces when
coins shall have been deposited in the parking meter for each space
so occupied, as is required in this article for the parking of vehicles
in such space.
The Board of Trustees may from time to time, by resolution,
adjust the rate at which the fee for the use of a parking meter space
shall be paid.
It shall also be unlawful and a violation of the provisions
of this article for any person:
A.
To deface, injure, tamper with, open or willfully break, destroy
or impair any parking meter or the usefulness of any parking meter
installed under the provisions of this article.
B.
To deposit or cause to be deposited in any parking meter any slug,
device, metal substance or other substitute for lawful coins of the
United States of America.
It shall be the duty of a designated official appointed by the
Mayor of Malverne and approved by the Board of Trustees to enforce
the provisions of this article.
It shall be the duty of the above individual referenced in § 44-50 to make regular collections of the money deposited in the parking meters, and it shall be the duty of such officer or officers so designated to remove from the parking meters the containers therein containing the coins deposited in said meters and to deliver such containers to the Village Treasurer. The Village Treasurer shall remove the moneys from such containers and deposit the same in a bank designated by the Board of Trustees, pursuant to which said bank shall receive the moneys collected from the parking meters, count the same and account therefor to the Village Treasurer, after crediting itself with the agreed compensation for such services provided for in such contract.
The coins deposited in parking meters shall be used to cover
the cost of purchase, installation, operation, maintenance, supervision,
protection, inspection, control and use of the parking meters to the
extent permitted by law and for any other municipal purpose permitted
by law.
A.
Any person who shall violate or fail to comply with any of the provisions
of the parking and meter usage laws or who shall counsel, aid, abet
or assist in such violation or failure to comply shall be issued a
summons returnable in Malverne Village Court and be subject to a fine
of not more than $250.
B.
Failure to pay as herein provided or to appear voluntarily in court
in response to a citation tag or summons will subject the operator
or owner of such vehicle to a warrant for arrest.
Each regulation and directive of the Traffic Commission issued
pursuant to this article, and each amendment or repeal thereof, shall
be in writing, certified by the Chairman of the Commission and filed
in the office of the Village Clerk, who shall attach the same to this
article and shall post notice of the same for not less than 10 days
in at least three public places, and such directive, regulation, amendment
or repeal shall take effect at the expiration of the 10th day of such
posting.
The Board of Trustees is hereby empowered to contract for the
acquisition and installation of parking meters to be installed pursuant
to the provisions of this article, and to provide for payment therefor
exclusively from the receipts obtained by the Village from the operation
of said parking meters.
Nothing in this article shall be construed as prohibiting the
Incorporated Village of Malverne from providing for bus stops, taxicab
stands, loading zones and other similar uses in said parking meter
zones or otherwise in said Incorporated Village of Malverne.
All laws or parts of laws inconsistent with the provisions of
this article are hereby repealed; provided, however, that such repeal
shall only be to the extent of such inconsistency and in all other
respects this article shall be cumulative of other laws regulating
and governing the subject matter covered by this article.
If any section, provision or part thereof in this article shall
be adjudged invalid or unconstitutional by a court of competent jurisdiction,
then such adjudication shall not affect the validity of this article
as a whole or any section, provision or part thereof not so adjudged
invalid or unconstitutional.
