[HISTORY: Adopted by the Board of Trustees of the Village
of East Hills 6-15-1987 by L.L. No. 2-1987 (Ch. 202 of the 1983
Code). Amendments noted where applicable.]
The purpose of this chapter, enacted pursuant to Municipal Home
Rule Law § 20, Vehicle and Traffic Law § 1640(a)(6),
and Village Law § 20-2002, is to simplify the procedure
by which vehicle and traffic controls can be established without the
necessity in every case of enacting a local law. This section enables
the Board of Trustees to act by resolution while, at the same time,
providing a mechanism by which the public will be adequately apprised
of traffic regulations affecting Village streets. The Board of Trustees
continues to rely upon the New York State Manual of Uniform Traffic
Control Devices as a basis for the installation of stop signs. This
chapter also gives to the Clerk of the Village a mandate with respect
to maintaining records concerning requirements established by the
Board of Trustees. In the consideration of this chapter, the Board
of Trustees has determined that:
A.
[1]The warrants outlined for stop signs are adequate for the
guidance of the Board and should be applied in all present and new
situations in considering traffic control signs and, in addition to
the warrants established by New York State, the Board shall take into
consideration:
(1)
The topography of the road.
(2)
The volume of traffic.
(3)
Incidents of reported accidents and their nature and cause.
(4)
Requests of residents expressing their view with respect to traffic
control regulation.
(5)
Recommendations of the Nassau County Traffic Department.
[1]
Editor's Note: Former § 202-1A, regarding stop
signs not being suitable for vehicle speed control, which immediately
preceded this subsection, was repealed 1-21-1997 by L.L. No. 3-1997.
A.
The Village of East Hills Board of Trustees shall, by resolution,
provide for the installation and maintenance of traffic control devices
when and as required under the provisions of this chapter, to make
effective the provisions of this chapter, and may install and maintain
from time to time such additional traffic control devices as it may
deem necessary to regulate, warn or guide traffic under and pursuant
to the Vehicle and Traffic Law of the State of New York, subject to
the provisions of §§ 1682 and 1684 of that law. Section
1682 mandates the placement and maintenance of traffic control devices
conforming to the State Manual. Section 1684 limits the local authority's
power to regulate traffic on state highways maintained by the state
unless Department of Transportation approval is obtained prior thereto.
B.
For the purpose of establishing an orderly procedure and system,
the Board of Trustees shall establish and designate by resolution
the following categories within the Village:
(1)
Control of public highways pursuant to § 1640 of the Vehicle
and Traffic Law.
(2)
Location of traffic signals.
(3)
Designation of one-way streets.
(4)
Designation of prohibited turns at intersections.
(5)
Designation of prohibited turns on red signals.
(6)
Designation of prohibited U-turns.
(7)
Designation of through highways.
(8)
Designation of stop intersections.
(9)
Designation of yield intersections.
(10)
Speed regulations.
(11)
School speed zones.
(12)
Truck route systems.
(13)
Lane designations.
(14)
No-passing zones.
(15)
Stopping, standing and parking regulations.
(16)
Manner of parking.
(17)
Designation of parking place.
(18)
Regulation of all-night parking.
(19)
Prohibited parking at any time.
(20)
Prohibition of stopping.
(21)
Prohibition of standing.
(22)
No parking during certain hours.
(23)
Time limit of parking.
(24)
Loading zones.
(25)
Angle parking.
(26)
Bus stops.
C.
In addition, the Board of Trustees shall establish and designate
by resolution the following additional categories:
A.
The Board of Trustees may, from time to time, either by resolution
or on petition or on recommendation from the Planning Board, and after
public notice and hearing, regulate or restrict the use of Village-owned
property for use by emergency vehicles as hereinafter defined.
B.
The Board of Trustees may impose such reasonable and appropriate
controls, restrictions and safeguards as it deems necessary or desirable
to protect and promote the public health, safety and general welfare
of the residents of the Village, pursuant to provisions of the Village
Law of the State of New York as amended from time to time.
C.
EMERGENCY PRIVATE RIGHT-OF-WAY
EMERGENCY VEHICLES
RESPONDING TO AN EMERGENCY CALL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
Property owned by the Village, designated as such, and not
open to persons or public motor vehicles or other vehicular traffic.
Police Department vehicles, including ambulances, ambulances
operated by other public authorities or agencies and Fire Department
vehicles responding to an emergency call.
Includes a response by an emergency vehicle to an actual
emergency or where the driver of such vehicle believes he or she is
on an emergency call and has a reasonable basis for that belief or
where the driver is pursuing a suspected violator of the law.
D.
Operation of authorized emergency vehicles. The driver of an authorized
emergency vehicle, when responding to an emergency call or when in
pursuit of an actual or suspected violator of law or when responding
to a fire alarm, is hereby authorized to proceed along and through
the emergency private right-of-way established hereunder.
E.
Other use prohibited. No other person shall use said emergency private
right-of-way or operate a motor vehicle or other vehicle upon said
emergency private right-of-way.
F.
Controls established. The Board of Trustees shall impose appropriate
controls, restrictions and safeguards as shall be deemed necessary
to control the use of said emergency private right-of-way, including
but not limited to the construction of a fence with breakaway gates
or electronically operated gates or the placement of stanchions or
physical barriers or signs or plantings or any other appropriate physical
means or combinations by which it is deemed necessary to restrict
physically the use of said right-of-way.
G.
Penalties for violations. Any person who shall use said emergency right-of-way or operate thereon a motor vehicle or other vehicle in violation of this chapter, except as provided elsewhere in this chapter, shall, upon conviction, be subject to the provisions of Chapter 1, General Provisions, Article III, of this Code.
[Amended 1-21-1997 by L.L. No. 3-1997]
H.
Public rights. For the purposes of this chapter, an emergency private
right-of-way shall not give to the public any rights to the use thereof
as may be defined in the Vehicle and Traffic Law of the State of New
York.
For the purpose of maintaining an accurate record of all regulations
adopted pursuant to resolutions under the provisions of this chapter,
the Clerk of the Village is directed to establish a system of schedules,
maintaining the same in a separate file, in which shall be entered
all regulations after adoption or promulgation of such resolution.
The schedule shall include but not be limited to the following categories:
A.
Traffic control signals.
B.
One-way streets.
C.
Prohibited turns at intersections.
D.
Prohibited turns on red signals.
E.
U-turns.
F.
Through highways.
G.
Stop intersections.
H.
Yield intersections.
I.
Speed regulations.
J.
School speed zones.
K.
Truck route systems.
L.
Lane designations.
M.
No-passing zones.
N.
No parking at any time.
O.
Stopping prohibited.
P.
Standing prohibited.
Q.
No parking during certain hours.
R.
Time-limited parking.
S.
Loading zones.
T.
Angle parking.
U.
Bus stops.
[Amended 1-21-1997 by L.L. No. 3-1997]
Every person convicted of an offense against any provision of
this chapter which is not an offense against any provision of the
Vehicle and Traffic Law of the State of New York shall be deemed guilty
of a traffic infraction and shall, for a first conviction thereof,
be punished by a fine of not more than $100 or by imprisonment for
not more than 15 days, or by both such fine and imprisonment; for
a second such conviction within 18 months thereafter, such person
shall be punished by a fine of not more than $200 or by imprisonment
for not more than 45 days, or by both such fine and imprisonment;
upon a third or subsequent conviction within 18 months after the first
conviction, such person shall be punished by a fine of not more than
$300 or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
A.
Except those parts, if any, which are subject to approval under § 1684
of the Vehicle and Traffic Law of the State of New York and § 46
of the Highway Law of the State of New York, this chapter and any
regulations adopted hereunder shall take effect as provided by law.
B.
Any part or parts of this chapter and any regulations adopted hereunder
which are subject to approval under § 1684 of the Vehicle
and Traffic Law and § 46 of the Highway Law of the State
of New York shall take effect from and after the day on which approval,
in writing, is received from both the New York State Department of
Transportation and the New York State Department of Public Works.
[Added 5-18-1998 by L.L. No. 7-1998]
A.
No person shall park a motor vehicle in the front, side or rear yard
in a residence district, except as provided herein. All motor vehicles
in residence districts within the Village not otherwise parked on
public thoroughfares shall be parked in garages or on driveways suitable
for such purpose. No motor vehicle shall be parked on a grass or dirt
surface.
[Added 11-13-2019 by L.L.
No. 4-2019]
Whenever a resident has guests who park their cars on the street, the cars must be parked on the same side of the street as the resident's home. All cars parked across the street from the resident's home shall be issued a warning and given 30 minutes to move the vehicle. Thereafter, if the car is not moved, it shall be ticketed, with the fine imposed as set forth in § 193-5.
[Added 11-13-2019 by L.L.
No. 4-2019]
All construction companies and contractors, including gardeners, plumbers, electricians, service and repair companies and suppliers, shall only park on one side of a street. Parking on both sides of a street is strictly prohibited. The earliest vehicle to park on a street shall determine the side of the street which shall be utilized. A violation of this section shall be punishable by the fine set forth in § 193-5.
