A.
Fines, summonses; late charge.
[Amended 4-25-2016 by L.L. No. 5-2016]
(1)
Any person who shall violate § 172-23 (Handicapped parking space violations) of this Code shall be subject to a fine of $200, plus the mandatory surcharge.
(2)
Any person who shall violate § 172-25 (Fire hydrant and fire zone parking violations) of this Code shall be subject to a fine of $150, plus the mandatory surcharge.
(3)
Any person who shall violate any other provision of this chapter
relating to parking shall be subject to a fine of $75.
(4)
A summons must be answered within 15 days of issuance by endorsing
a plea of guilty or not guilty in the indicated place thereon and
returning said endorsed summons to the court. If the defendant enters
a plea of guilty, the defendant will pay the applicable fine set forth
on the summons. The fine may be paid by mail with the plea of guilty
or in person at the office of the Court Clerk. If a plea of not guilty
is entered, the defendant will be notified of a court appearance date
for trial. In the event that the defendant fails to answer the summons
or fails to pay the fine or fails to appear on the scheduled court
appearance date, or in the event that the defendant timely appears
in court, is found guilty of a violation of this chapter and then
fails to pay the fine within the time prescribed by the court or within
30 days thereafter if no specific date is prescribed, the fine shall
be doubled. If such fine remains unpaid 60 days after the issuance
of the summons or the imposition of a fine by the court after a determination
of guilt, then the fine shall be three times the amount provided for
on the summons. If such fine remains unpaid for 90 days after the
issuance of said summons or the determination of guilt, an administrative
fee of $50 shall be added to the amount already due herein.
B.
Upon the defendant's failure to pay the fine prior to the court date
or on the court date, or upon the defendant's failure to pay the fine
within the time prescribed by the court, a delinquency notice shall
be sent to the defendant at the address given by the defendant to
the Department of Motor Vehicles at the time the defendant registered
a motor vehicle under the licensee plate number shown on the summons.
C.
After said delinquency notice has been sent, an additional late charge
of $50 shall be added to the fine and initial late charge in the event
that the defendant fails to appear in court or pay the fine and initial
late charge within 45 days of the court date set forth on the summons
or within 15 days of the date on which said delinquency notice is
sent, whichever is later.
[Amended 4-25-2016 by L.L. No. 5-2016]
D.
The Village Justice may waive the late charge under such circumstances
as he deems proper. Failure to respond to a parking summons may also
result in the issuance of a warrant for arrest, denial of registration
or renewal application and assessment of further penalties as provided
by applicable law.
A.
Police officers of the Village of Amityville are hereby authorized
to and shall, at their direction, immobilize and/or tow any motor
vehicle, on which there are three or more outstanding parking violations,
warrants for nonappearance or unpaid fines. Said vehicles shall be
immobilized by use of a wheel lock, other immobilization device, or
towed by a licensed towing service.
[Amended 4-27-2015 by L.L. No. 3-2015]
B.
Any vehicle immobilized or towed pursuant to Subsection A shall be promptly released to its owner by the Police Department upon the posting of a cash bond equal to the maximum potential fines for outstanding summons and unpaid fines and penalties already imposed, together with an administrative immobilization fee of $250 and towing costs, if any; or, in the alternative, upon the proper disposition of such summonses by a plea of guilty and payment in full of the appropriate fines and penalties along with such administrative/towing fees. If all of the summonses are dismissed or the defendant is found not guilty, said bond shall be returned and the administrative/towing fees shall be waived, except such fees shall remain due, if a warrant shall have issued.
[Amended 4-27-2015 by L.L. No. 3-2015]
C.
At the time said vehicle is immobilized, the police officer shall
affix to the windshield of such vehicle a notice containing the following
information:
(1)
The location and identifying characteristics of the vehicle.
(2)
Date and time of placement of the device and signature of the
installer.
(3)
Notice that further parking restrictions will be waived during
the immobilization period.
(4)
Notice that any person tampering with the device or the vehicle
will be subject to prosecution and liable for any loss to the Village.
(5)
The procedure to obtain the release of the vehicle.
(6)
Such other information as the Chief of Police shall from time
to time deem necessary.
No person shall park an automobile or other vehicle on the grounds
of any public park, bathing beach, public parking field or other public
place in the Village contrary to posted signs or instructions of the
Police Department or Board of Trustees indicating the manner of such
parking, or contrary to the instructions of any police officer or
other person in charge of such parking field or public place.
On state highways, parking shall be parallel to the curb, and
the spaces shall be so marked as to conform to state traffic regulations.
It shall be a violation for any person to stop, stand or park
a vehicle in any area designated as a space for handicapped parking
unless the vehicle bears a permit issued under § 1203-a
of the Vehicle and Traffic Law or a registration issued under § 404-a
of the Vehicle and Traffic Law, and such vehicle is used for the transportation
of a severely disabled or handicapped person.
The parking of vehicles is hereby prohibited in the locations described in Schedule XII (§ 172-59) for a longer period of time than that designated, during the hours indicated, provided that said time limit shall not be applicable upon those portions of said streets where parking meters have been installed and are in operation.
It shall be a violation for any person to stop, stand or park
a vehicle in any area marked as a fire hydrant or fire safety zone
or in such a way as to block access by a fire vehicle to a fire hydrant
from the street adjacent to such hydrant.
A.
Restrictions. No vehicle shall be parked or permitted to stand unattended
on a public highway in the Village between the hours of 3:00 a.m.
and 6:00 a.m. unless a permit therefor has first been obtained from
the Board of Trustees and there is conspicuously affixed to or displayed
on such vehicle a sticker, tag or other identification in such form
and manner as shall be prescribed by the Village Clerk.
B.
Emergency provisions. Informal requests for on-street overnight parking
may be authorized by the officer in charge of the Police Department
for no more than two nights per year per household without charge
to the owner of the vehicle.
C.
Temporary permits. In the event that any household requires permission
for on-street overnight parking for more than two nights but not more
than 30 nights per year, such request may be authorized by the Chief
of Police or the Village Clerk. In such cases, a temporary permit
will be issued, the fee for which shall be established and modified
from time to time by resolution of the Board of Trustees. Not more
than one temporary permit will be issued per vehicle each year.
D.
Fees. The fee for overnight parking permits shall be established
by the Board of Trustees by resolution.
E.
Issuance and transferability of permit. All permits for such parking
shall be issued by the Village Clerk in accordance with applications
and forms therefor approved by the Board of Trustees. Such a permit
shall be issued only to a person residing in an area in the Village
where, as determined by the Board of Trustees, adequate off-street
parking is not available. No permit shall be transferable from one
owner to another or from one vehicle to another.
F.
Suspension and revocation of permit. Permits granted under this section
may be suspended by the Mayor until the meeting of the Board of Trustees
first ensuing after such suspension and may be revoked at any time
by the Board of Trustees if the owner, operator or driver of the vehicle
for which a permit has been issued shall have violated any of the
provisions of this section, any stipulations imposed on such permit,
or shall be found to be no longer qualified to hold such permit.
G.
Limitations on permit. No permit issued pursuant to this section
shall authorize the holder thereof to park or permit to stand unattended
any vehicle on a public highway within the Village during any snowstorm,
flood, fire or other public emergency or shall restrict the authority
of the Department of Public Works or the Police Department of the
Village to remove the same.
H.
Exceptions. The ban on overnight parking shall not apply to the parking
of any vehicle used by a clergyman, practicing physician, public official
or employee, public utility repairman or other person while rendering
an essential service during an emergency.
I.
Notice of overnight parking prohibition. Signs so limiting the hours
of parking shall be placed at the points of entry into the Village,
said points of entry to be designated by the Board of Trustees, and
at such other locations as the Board of Trustees may from time to
time designate by resolution.
[Amended 3-8-2010 by L.L. No. 2-2010]
Upon the filing of any application for an on street overnight parking permit in accordance with § 172-26, there shall be paid to the Village Clerk a fee to be established by the Board of Trustees by resolution.
It shall be unlawful to make repairs to any vehicle or to park
or store any vehicle for the purpose of making repairs in any public
street or public place in the Village, except in the case of emergency
repairs. It shall be unlawful to park or store any vehicle to paint,
wash or clean the same or part thereof in any public street or public
place in the Village.
It shall be unlawful to park or store any vehicle for the purpose
of advertising in any public street or public place in the Village.
It shall be a violation for any person to stop, stand or park
a vehicle on any street in the Village in one or more of the following
ways:
A.
Blocking all or any part of a designated pedestrian crosswalk.
B.
Double parking, stopping or standing.
C.
Parking, stopping or standing in a direction opposite to the direction
of traffic.
D.
Parking, stopping or standing more than 12 inches from the curb or
an outside edge of the paved surface of any street without curbing.
